Understanding the Legal Landscape: Recording Conversations in Your Home as a Survivor of Domestic Violence

Considerations in Recording Conversations

For survivors of domestic violence, collecting evidence of abuse can be a critical part of the journey to safety. Whether to document patterns of harmful behavior or prepare for legal action, many survivors consider recording conversations with their abusers. However, the legal landscape around recording audible conversations in the home can be complex and varies widely across states. Knowing the laws in your area and understanding what is permissible can help protect you from further harm and ensure that any evidence collected is legally valid.

In this article, we’ll explore the laws surrounding recording phone and in-person conversations at home, and we’ll look at what survivors of domestic violence need to know to stay safe while gathering critical evidence.

The Emotional Weight of Gathering Evidence

Operation Safe escape explores the complexity of recording conversations as evidence. The picture depicts various items labelled evidence.

Before we dive into the legal details, it’s important to acknowledge the emotional toll this can take. Survivors of domestic violence are often living in a state of constant fear and tension. Deciding to record conversations—sometimes while in the presence of the abuser—can amplify that stress.

You are incredibly brave for even considering this, and it’s vital to prioritize your safety first and foremost. Recording conversations may feel like a form of protection, but it’s important to do so only if you are confident it won’t put you in more immediate danger. Consider reaching out to a domestic violence advocate or lawyer for support as you navigate this challenging process.

What Are the Laws on Recording Conversations?

Recording conversations, whether on the phone or in person, is subject to both state and federal laws. These laws are designed to balance privacy concerns with the need for accountability, which creates a patchwork of rules that vary significantly depending on where you live.

At the heart of these laws is the concept of consent—specifically, how many people involved in the conversation need to give their permission for the recording to be legal. Understanding these consent laws can be the key to determining whether you are legally allowed to record audible exchanges in your home.

One-Party Consent vs. All-Party Consent

There are two main types of consent laws in the U.S.:

  1. One-Party Consent: In states that follow one-party consent rules, you can record a conversation as long as you, as a participant in the conversation, are aware of and agree to the recording. This means you do not need the abuser’s consent to legally record what they say.
  2. All-Party Consent: In states with all-party consent laws, everyone involved in the conversation must agree to the recording. This can complicate matters for survivors, as an abuser is unlikely to give permission to be recorded while engaging in harmful behavior.

Let’s take a closer look at each and how they apply depending on where you live.

One-Party Consent States: Where Can You Legally Record Conversations?

Help Us Help Them, Donate and help OSE save more lives. The picture depicts a concerned woman on the phone.

In most U.S. states, one-party consent laws allow you to record a conversation as long as one participant (which can be you) is aware of and consents to the recording. This can be especially helpful for survivors of domestic violence who may not have the opportunity to ask for their abuser’s consent without escalating the situation.

These states and territories allow recording a conversation as long as one party (which can be the person recording) consents. Some states have exceptions for certain types of conversations, such as conversations in private spaces or conversations with a reasonable expectation of privacy.

  • Alabama
  • Alaska
  • Arizona
  • Arkansas
  • Colorado
  • Delaware (Ambiguity due to U.S. v. Vespe decision, but generally one-party consent is interpreted for phone conversations)
  • District of Columbia
  • Georgia
  • Hawaii (One-party consent for most situations, but restrictions apply in private places) 
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maine (One-party consent for most situations, but restrictions apply in private places)
  • Minnesota
  • Mississippi
  • Missouri (One-party consent for phone conversations, but limitations on in-person conversations)
  • Nebraska
  • Nevada (One-party consent for in-person conversations, but all-party consent for phone conversations)
  • New Jersey
  • New Mexico (Unclear for in-person conversations, but generally one-party consent for phone calls)
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oklahoma
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Vermont (No clear statutory law, but court decisions suggest one-party consent)
  • Virginia
  • West Virginia
  • Wisconsin
  • Wyoming

If you live in one of these states, you can legally record a conversation with your abuser without informing them, provided you are a participant in the conversation.

Key Considerations for One-Party Consent

While one-party consent laws offer more flexibility for survivors, it’s crucial to remember a few

important factors:

  • Purpose of the Recording: Even in one-party consent states, the recording cannot be made for an unlawful purpose. For example, you cannot use a recording to blackmail or harass another person.
  • State Lines: Be cautious if conversations cross state lines. If the other party is in a state with all-party consent laws, you may need to comply with those laws.
  • Expectation of Privacy: Most laws protect conversations with a reasonable expectation of privacy. This means recording someone in public where others can overhear may not be as restricted as recording at home.

All-Party Consent States: Navigating Complex Laws

In states that require all-party consent, things become more complicated. Everyone involved in the conversation must agree to be recorded in these states. This can present significant barriers for survivors of domestic violence who want to gather evidence of abuse. The states that follow all-party consent laws include:

These states require all parties’ consent in the conversation before recording it.

  • California
  • Connecticut (Criminal liability is one-party consent, but civil liability is all-party consent for phone conversations)
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Montana (Technically requires all parties to know the conversation is being recorded)
  • Nevada (For phone conversations)
  • New Hampshire
  • Oregon (For in-person conversations)
  • Pennsylvania
  • Washington

In these states, it is illegal to record a conversation unless every person involved has explicitly agreed to the recording. For a survivor trying to document abuse, asking for this kind of consent could be dangerous and even provoke further violence.

What Can You Do in an All-Party Consent State?

If you live in an all-party consent state, there are still a few options available to you:

  • Emergency Exceptions. Some states allow recording conversations during emergencies or when your safety is at risk. These exceptions vary by state, and seeking legal advice to understand your rights is critical.
  • Surreptitious Recording. While it may be illegal to secretly record conversations in these states, it’s possible that a judge might allow such recordings as evidence in cases of severe abuse. However, you would need to be prepared for the risk that the recording could be excluded or, in some cases, used against you. Always consult a legal professional before proceeding with this option.

The Federal Law: What You Need to Know

In addition to state laws, federal law also governs the recording of conversations. Federal law, under 18 U.S. Code Section 2511, is a one-party consent law, meaning that you can record a conversation if you are a party to it and give your consent.

However, federal law does not override state laws. This means you must follow those rules if you live in a state with stricter, all-party consent laws. If a phone call or conversation crosses state lines, it’s often best to comply with the most restrictive law to avoid legal complications.

Implied Consent: What Happens if They Know They’re Being Recorded?

Another important concept in recording law is implied consent. In some cases, if the other party is aware that a conversation is being recorded and continues to participate, courts may determine that they have given implied consent. For instance, if you inform your abuser that you are recording them and they do not object or walk away, this could be interpreted as implied consent.

However, relying on implied consent can be risky. You may still face legal challenges if the person later claims they did not consent. Again, this is an area where legal advice can be extremely beneficial.

Tips for Survivors Considering Recording Conversations

Deciding to record conversations in your home for evidence of abuse is a deeply personal decision. Here are a few practical steps to consider if you believe this is the right option for you:

  1. Know Your State’s Laws: The first and most important step is to familiarize yourself with your state’s recording laws. This will help you determine whether you need one-party or all-party consent and whether there are any exceptions for your situation.
  2. Plan for Safety: Your safety should always come first. Think about how you will make the recording, where you will keep it, and whether your abuser could discover it. Consider using a secure, hidden recording device or app to store data remotely.
  3. Consult Legal Professionals: If possible, speak with a lawyer or domestic violence advocate before recording conversations. They can advise on whether your recordings will be legally admissible and whether this is the best course of action.
  4. Document the Context: If you decide to record, keep notes about the circumstances of the conversation. Document why you needed to record, what was said, and the context around the abuse. This additional information could strengthen your case if the recordings are used in legal proceedings.
  5. Explore Other Evidence Options: If recording conversations feels too risky or legally uncertain, other ways exist to collect evidence of abuse. This can include taking photos of injuries, keeping a journal of abusive incidents, or saving threatening messages.

The Emotional Impact of Recording Abuse

Recording conversations in a domestic violence situation is more than just a legal challenge—it can be emotionally draining and terrifying. Survivors often experience a mix of guilt, fear, and empowerment when taking steps to document their abuse.

Remember that you do not have to go through this process alone. Lean on support systems like domestic violence shelters, counselors, and legal advocates. Taking care of your emotional well-being during this difficult time is essential.

Finding Strength and Safety

The laws surrounding recording conversations in the home are complex and vary depending on where you live. For survivors of domestic violence, these laws can either offer a crucial tool for documenting abuse or create obstacles that make gathering evidence more difficult.

No matter where you are on your journey to safety, it’s vital to prioritize your well-being and consult with trusted professionals as you navigate the legal landscape. Whether you live in a one-party or all-party consent state, you have options—and, most importantly, you have the right to protect yourself and your future.

If you or someone you know is experiencing domestic violence, please seek support. Organizations like Operation: Safe Escape (1-866-997-SAFE) and the National Domestic Violence Hotline (1-800-799-SAFE) are available 24/7 to offer confidential help and resources.

Stay safe, stay informed, and know that you are not alone.



Help Us Help Them!

Operation Safe Escape runs on the generous contributions of people like you. With your support, we make a bigger impact, and we save more lives. Every dollar you give helps us provide critical resources, education, and support to those in need, ensuring their safety and empowering them to build new futures free from fear and danger.

Your contribution fuels our ability to provide life-saving tools, shelter, and training for those escaping abusive situations. Together, we can give them hope, safety, and a path to independence.

Today, you have the power to make a difference. Whether it’s $10, $50, or $500, your donation creates a ripple effect of change in someone’s life.

Join us in our mission to protect and empower survivors. Donate now and become a part of the lifesaving journey. Together, we can ensure a safer tomorrow. Thank you for your generosity.

Understanding DARVO: Deny, Attack, and Reverse Victim and Offender

Understanding the techniques, tactics, and methods abusers use can take away their power and help people better protect themselves. In recent years, there has been an increased focus on understanding the dynamics of abuse, manipulation, and coercion. One concept that has gained attention in this realm is DARVO, an acronym that stands for Deny, Attack, and Reverse Victim and Offender. Coined by Dr. Jennifer Freyd, this term describes a common pattern of response often observed in situations involving interpersonal conflict, particularly in cases of abuse or misconduct. In this article, we’ll delve into what DARVO is, how it works, and its implications for both victims and bystanders.

DARVO is a three-step strategy that perpetrators may use to deflect accountability, shift blame, and manipulate the perception of events. Let’s look at each component:

Deny: First, the abuser denies any wrongdoing or responsibility for the situation at hand. Perpetrators may outright deny the allegations against them, minimize their actions, or distort the facts to create doubt or confusion. By denying their involvement or the severity of their behavior, perpetrators seek to undermine the credibility of the victim’s accusations.

Attack: After denying the allegations, perpetrators often launch a counterattack against the accuser. This attack can take various forms, including character assassination, gaslighting, or trying to shift the focus onto the victim’s behavior or motives. By attacking the credibility, integrity, or sanity of the victim, perpetrators aim to discredit their claims and regain control of the narrative.

Reverse Victim and Offender: Finally, perpetrators attempt to reverse the roles of victim and offender, casting themselves as the “true victims” of the situation. They may portray themselves as misunderstood, unjustly accused, or even as the ones who are being persecuted. By flipping the narrative in this way, perpetrators seek to garner sympathy, support, or leniency from others.

Understanding DARVO is crucial for recognizing and addressing patterns of manipulation and abuse. By recognizing these tactics, victims and bystanders can better identify when DARVO is being employed and resist its effects. Additionally, raising awareness about DARVO can help shift societal attitudes and beliefs surrounding issues of abuse and misconduct, fostering a culture of accountability and support for survivors.

When faced with DARVO, it’s essential for victims and allies to remain steadfast in their truth and not be swayed by the tactics of manipulation. Here are some strategies for responding to DARVO:

  1. Document the facts: Keep records of any evidence or documentation that supports your claims, such as emails, text messages, or witness statements.
  2. Seek support: Reach out to trusted friends, family members, or professionals who can provide emotional support and guidance throughout the process.
  3. Set boundaries: Establish clear boundaries with the perpetrator to protect yourself from further harm or manipulation.
  4. Advocate for yourself: Stand firm in your truth and advocate for your rights, whether it’s seeking legal recourse, reporting the abuse to authorities, or seeking counseling.

DARVO is a manipulative tactic used by perpetrators to evade accountability and control the narrative in situations of conflict or abuse. By understanding how DARVO operates and learning to recognize its signs, victims and bystanders can empower themselves to challenge and resist these harmful dynamics. Through education, awareness, and support, we can work towards creating a safer and more just society for all.

Girl using a social media service on a laptop

What is grooming and how can I protect my children from it?

Breanna (not her real name) never really thought about (and certainly never planned to) share sensitive photos online. Just like she never thought so many strangers would see them if she did or how long they could stay on the internet. She had more important things on her mind; things like playing Roblox with friends and an upcoming social studies test.

While the grooming didn’t start right away, everything happened quickly once she realized something was wrong. Breanna had only thought she had made a new friend- one that was a little bit older and more mature. He complemented her, listened to her… made her feel grown up. By the time he started making demands, she felt it was too late to ask for help. By the time her parents found out, Breanna had been a victim of grooming and child exploitation.

In today’s world, children are increasingly exposed to various forms of communication and social interaction. Grooming has emerged as a major concern for parents, educators, and communities alike. Grooming refers to the process by which an individual builds a relationship, trust, and emotional connection with a child to later exploit them sexually, emotionally, or physically. Recognizing the signs of grooming and understanding how to protect children from harm is an important part of protecting their well-being.

Understanding Grooming

Grooming can be difficult to detect because it can happen online and offline, or sometimes both. The perpetrators often use manipulation, coercion, and deceit to establish trust with their victims, and threats or guilt to maintain control. All this is psychologically damaging to children, and can manifest in depression, self-harm, and other concerning behaviors. It typically involves several stages, including targeting the victim, gaining their trust, isolating them from others, and eventually exploiting them. Perpetrators may employ various tactics, such as offering gifts, attention, or affection, to lure children into a false sense of security.

In some cases, the victim is led to believe that providing whatever the perpetrator demands will be enough and it will stop on its own. In other cases, the victim feels some sort of bond with the perpetrator and believes that person has their best interests in mind. The first is very unlikely, and the second is never the case. In the end, children often end up believing that the abuse is their fault, which is never the case.

Recognize the Signs

Recognizing the signs of grooming, whether online or off, is an essential skill for parents, caregivers, educators, or anyone else that works with children. Some common signs that a child is being groomed for further abuse include:

  1. Excessive attention or gifts from an adult towards a child, which may be delivered in secret or through delivery lockers
  2. Secrecy or reluctance to discuss activities or interactions with certain individuals
  3. Sudden changes in behavior, mood swings, or withdrawal from family and friends
  4. Inappropriate discussions or questions, especially of a sexual nature
  5. Any attempts to isolate the child from peers and family members

Protecting Children

Preventing grooming and protecting children requires a multi-faceted approach involving education, communication, and vigilance. Here are some strategies to help safeguard children:

Education: Teach children about personal boundaries, safe touch, and the importance of open communication. Encourage them to speak up if they feel uncomfortable or threatened by someone’s behavior.

Communication: Maintain open and honest communication with children. Encourage them to share their experiences and concerns without fear of judgment. Listen actively and validate their feelings.

Supervision: Monitor children’s online and offline activities (while still respecting their privacy, which isn’t always an easy balance!), especially when interacting with unfamiliar individuals or platforms. Establish guidelines for internet usage and encourage safe online practices.

Establish Boundaries: Set clear boundaries regarding interactions with adults and strangers. Teach children to trust their instincts and seek help if they feel uncomfortable or unsafe.

Community Involvement: Foster a supportive community environment where individuals look out for each other’s well-being. Encourage collaboration between parents, schools, law enforcement, and community organizations to raise awareness and prevent grooming.

Reporting: Educate children about the importance of reporting any suspicious behavior or incidents to a trusted adult. Empower them to seek help if they or someone they know is being groomed or exploited.

Conclusion

Grooming is a complex and insidious form of abuse that can have long-lasting effects on children’s physical and emotional well-being. By understanding the signs of grooming and taking proactive measures to protect children, we can create safer environments where they can grow and thrive without fear of exploitation. It is our collective responsibility to prioritize the safety and well-being of our children and empower them to recognize and resist potential dangers. Through education, communication, and community support, we can work together to prevent grooming and ensure a brighter future for our children.

 

purple dragon logo

Operation Safe Escape Developing OPSEC Program for DV Shelters and Safe Houses

Operation Safe Escape has completed the first step in creating a comprehensive Operations Security (OPSEC) program for domestic violence shelters and safe houses. This program (which, like all of our programs and tools, will be available for free) is designed to help our partners and allies better protect their staff, clients, and locations.
OPSEC is a five-step process designed to identify which information needs to be protected, the vulnerabilities that may compromise it, and develop effective countermeasures that address the specific threat. It’s a process that works, and one that has been used to protect business ventures, military operations, neighborhoods, and much more. The techniques and tools that are a part of the process have been proven effective against all manner of threats. However, this is the first program intended to optimize the process for domestic violence shelters and safe houses and provide everything needed to easily and effectively implement a program.

During the American Revolution, George Washington once said, “Even minutiae should have a place in our collection, for things of a seemingly trifling nature, when enjoined with others of a more serious cast, may lead to valuable conclusion.” In other words, we can’t overlook even the smallest details because our adversaries are always watching. By protecting our information, we protect our people. “OPSEC is about risk,” adds OSE Director Chris Cox. “We brought together some of the most experienced OPSEC subject matter experts in the world to help solve this problem, and we’re looking forward to making this available to those that need it most.”

Operation Safe Escape will always seek out new opportunities to protect vulnerable individuals and their allies. This is one more component in the effort to make sure everyone is free from abuse, safe in their relationships, and free to choose their own destiny.

Recognizing Red Flags: Signs of an Abusive Relationship

Entering into a romantic relationship should be an exciting and fulfilling experience. However, it’s crucial to be vigilant about potential red flags that may indicate an unhealthy and abusive dynamic. Recognizing these signs early on can help individuals make informed decisions about their well-being and safety. In this article, we’ll explore some common red flags that may signal an abusive relationship.

Isolation and Control:
Abusers often seek to control their partner by isolating them from friends and family. If your partner discourages or prevents you from spending time with loved ones, questions your every move, or monitors your activities excessively, it may be a sign of controlling behavior.

Extreme Jealousy and Possessiveness:
Healthy relationships are built on trust, but excessive jealousy and possessiveness can be warning signs. If your partner becomes overly jealous, accuses you without cause, or insists on knowing your whereabouts at all times, it could indicate an unhealthy level of control.

Verbal and Emotional Abuse:
Abuse isn’t always physical; verbal and emotional abuse can be just as damaging. If your partner consistently belittles, criticizes, or humiliates you, it’s a red flag. Emotional manipulation, such as guilt-tripping or blaming, is also cause for concern.

Physical Violence:
Perhaps the most obvious red flag is physical violence. Any form of physical harm, including hitting, slapping, or pushing, is unacceptable. It’s essential to seek help immediately if you experience or witness physical abuse.

Manipulative Behavior:
Abusers often manipulate their partners to maintain control. This can include gaslighting, where the abuser denies or distorts reality to make the victim doubt their own perceptions. Manipulative behavior is aimed at undermining the victim’s self-esteem and confidence.

Unpredictable Mood Swings:
Frequent and unpredictable mood swings in a relationship can be indicative of emotional instability. If your partner goes from extremely loving to excessively angry or aggressive without apparent cause, it’s a red flag for potential abuse.

Financial Control:
Financial independence is a crucial aspect of personal freedom. If your partner controls your finances, limits your access to money, or makes major financial decisions without your input, it may be a sign of abusive behavior.

Intimidation and Threats:
The use of intimidation tactics, threats, or displays of aggression can create a climate of fear. If your partner threatens to harm you, your loved ones, or themselves, take these threats seriously and seek help immediately.

Recognizing and acknowledging these red flags is the first step towards breaking free from, or avoiding, an abusive relationship. If you identify with any of these warning signs, it’s essential to reach out to friends, family, or professionals who can provide support and guidance. Everyone deserves a healthy and respectful relationship, and understanding these red flags empowers individuals to prioritize their well-being and safety. If you or someone you know is experiencing abuse, we’re here to help.

art-abuser-and-victims and duress codes

Duress Codes and How to Use Them

Duress Codes can be an effective tool in awareness, defense, and escape

In the 1968 Star Trek episode Bread and Circuses, Captain Kirk uses duress codes when he is captured by a previously unknown civilization that modeled itself on Earth’s ancient Rome. Worse, a former Starfleet captain is leading the civilization, so he’s wary when the Enterprise hails Kirk to ask if everything is okay. Kirk replied, “Condition Green,” satisfying the former captain that no rescue would be attempted.
What the former captain didn’t realize is that “Code Green” was a pre-arranged code that actually meant “I’m in danger.”

Duress codes have been and continue to be used in fiction, real-life espionage, and even within families for ages. Reportedly, even Queen Elizabeth II had a subtle signal involving the way she was holding her handbag to signal to her staff that she wanted to leave a conversation or social situation. Basically, these “codes” are any pre-arranged message, behavior, or signal that means something to the intended receiver but won’t appear suspicious to anyone else watching. For people in an abusive household or relationship, duress codes may be one effective and safe way to summon help.

The three main characteristics of a duress code are that it needs to be pre-arranged, unlikely to be used by accident, and undetectable by anyone for whom the message isn’t intended.  

Duress Codes should be pre-arranged

The message is coordinated between the survivor and their support system and only to those they absolutely trust to help. The survivor and their support system then agree on one or more codes and their meanings. The code should be something that makes sense to be used without standing out as unusual.

They should be unlikely to be used by accident

Duress codes should be unique enough to avoid false positives- that is, accidentally using the code word when there’s not actually an emergency. This can be a challenge because the code, when trying to choose something the survivor will believably share, say, or do without being common enough that it might be used inadvertently.

Duress Codes should be undetectable by anyone the message isn’t intended for

A duress code is essential in cases where the abuser is strictly controlling or monitoring the survivor’s actions, online accounts, and conversations. It should be assumed that the abuser is going to see the code, and it’s critical they are unable to recognize it as one.

A duress code can be anything the survivor and their support system agrees on, and they can have as many codes as they can manage and as they need. Some examples may include:

– “If I post a picture of a flower, please check on me.”

– “If I mention in a text that the network went down at work, call the police.”

– “If I wear this necklace, I need help immediately.”

– “If I click ‘like’ on your profile picture, I’m in trouble and need you to pick me up.”

Or anything else that’s pre-arranged, unlikely to be used by accident, and undetectable by the abuser. It’s important to define not only what the code is but also exactly what needs to be done when it’s used.

The empowerment and security that comes from having a well-thought-out safety plan, including using duress codes, cannot be overstated. These codes are more than just secret signals; they are a bridge to safety for those who might find themselves in perilous situations, providing a discreet way to ask for help without alerting potential threats. Remember, you’re not alone in navigating these challenges. Organizations like Operation Safe Escape are here to support you, offering guidance, resources, and assistance in developing effective safety strategies tailored to your unique circumstances. Safety is a fundamental right, and through collaboration, preparation, and the use of tools like duress codes, we can work together to protect that right for everyone. If you or someone you know needs help in crafting a safety plan or understanding the use of duress codes, please reach out. Together, we can create a network of support that empowers individuals to live safely and confidently in any situation.

If you need assistance creating a duress code, Operation Safe Escape is here to help.

More about Duress Codes:

Peoplesafe
https://peoplesafe.co.uk/blogs/what-is-a-duress-code

Kraden Blog
https://blog.kraden.com/duress-code

International Foundation for Protection Officers (IFPO)
https://ifpo.org/resource-links/articles-and-reports/officer-issues/duress-phrases/

 

OPSEC History and OSE

New facts emerge from the NSA’s previously Top Secret history of OPSEC.

Operation Safe Escape - You are not aloneMost people don’t know the full history of Operation Safe Escape. Until 2016, Operation Safe Escape was a project under the Operations Security Professional’s Association or OSPA. At that time, the organization was the largest non-profit organization in the world dedicated to teaching people about Operations Security (OPSEC) and how to use it to protect themselves, their businesses, and more. Over time, the anti-domestic violence mission became more important and the organization’s core focus, now referred to as OSE.

Introduction to OPSEC’s Evolution

OPSEC, or Operations Security, remains a key aspect of our mission to protect survivors of domestic violence, stalking and harassment, and human trafficking. Far from its original application of protecting military missions and plans, OPSEC today can help protect an individual’s plans to escape abuse or other circumstances. For that reason, in a practical sense, OSE is the successor for many of the OPSEC organizations that came before. Consistent with the OSE mission, this report is a historical analysis of the roots of OPSEC and is not an endorsement of any aspect of the Vietnam War or any other military application.

For context, the term “Purple Dragon” refers to the code name for the survey team in Vietnam. As a historical aside, the code name was originally intended to be temporary, so the team chose the name they liked best from a list of code names provided. The other options have been lost to history.

In 1993, the National Security Agency (NSA) released a report titled “Purple Dragon: The Origin and Development of the United States OPSEC Program,” which described the unusually high American losses in the high altitude bombing missions code-named Arc Light and Rolling Thunder, and the reconnaissance missions under Blue Thunder, and discussed the intelligence failures that led to them as well as the measures taken as a response. The process developed at the time later became what we call OPSEC today. In 2007, a heavily redacted version of the report was released to the public under a Freedom of Information Act (FOIA) request, bringing some of the previously Top Secret history to light. However, significant portions of the documents remained redacted.

In 2018, Operation Safe Escape researchers requested a declassification review from the NSA to determine which redacted information could be released. In January 2024, we received a largely (but not entirely) unredacted version that provided additional context and historical information. This report does not attempt to summarize the entirety of the 102-page document but instead highlights some of the most surprising or compelling facts not previously made available. While the document also explores OPSEC findings related to ground and riverine operations, the findings are generally similar to the ones identified by the Air Force.

The original 2007 release can be found here:
https://www.nsa.gov/portals/75/documents/news-features/declassified-documents/cryptologic-histories/purple_dragon.pdf

The 2024 release can be viewed here:
https://safeescape.net/opsecdoc

It’s interesting to note that many of the original redactions were public knowledge (and some were even referenced in official government OPSEC training resources) in 2007 when the original redacted version was made available. For example, the 2007 release redacted the name of the Commander in Chief of U.S. Pacific Command, Admiral U.S. Grant Sharpe Jr., that he originally convened the Purple Dragon team, and for what purpose.

New and noteworthy information in the 2024 release include:

1. Initially, many members of the team believed the losses were due to a communications security issue. In fact, the communications security team found 50 different nonsecure communications during the survey that included specific details regarding the time of the bombing run, referred to as “time on target” (page 9). These sensitive details were transmitted over nonsecure (and, as such, able to be intercepted) between an hour and a quarter and up to 15 hours ahead of the mission. The now-unredacted section of the report notes that 228 aircraft had been shot down and 60% of Blue Springs photography drones were destroyed up to that point, and the report questions whether North Vietnamese forces had advanced knowledge that may have contributed to those losses. The following line answers this question, which was redacted in the 2007 release: yes, they did. Adversarial forces had up to three hours, sometimes up to eight hours, to prepare or evacuate the area.

2. The National Security Agency (NSA) and the Joint Chiefs of Staff agreed to launch a counterintelligence effort to identify and close the sources of the leaks (page 12). The Defense Intelligence Agency (DIA) was tasked with coordinating the effort and convened two working groups- a counterintelligence (CI) working group and a communications security (COMSEC) working group. The CI working group ultimately concluded that “losses of sensitive information through enemy human intelligence (HUMINT) could not be prevented.” It made no recommendations aside from increasing ongoing, general CI activities. The COMSEC working group was convinced that the blame could be placed on individuals failing to protect sensitive information properly and that monitoring communications and transmissions could identify who and punish offenders. A plan was put in place to conduct a COMSEC survey- a new concept at the time- which the DIA approved with the condition that another team be established to examine all aspects of military operations, from planning to execution, to look for other ways they might be compromised.

3. One piece of history that was available through other sources (but was redacted in the 2007 release as “classified matters of national defense or foreign policy”) was the overall strategy for identifying information leaks and vulnerabilities (page 14). The committee ultimately decided to focus on three areas: “enemy exploitations of U.S. communications, enemy recognition of patterns and operations, and enemy access, by whatever means, to pre-execution plans and preparations for operations.” To put it another way, the committed proposed searching for insecure communications channels, patterns and indications, and anything else that might give adversarial forces access to allied plans. What wasn’t previously known was that Admiral Sharp himself elected to assume official responsibility for the survey.

4. Initially, responsibility for the survey was offered to the CINCPAC communications staff, known as J6, because no one was certain who else should manage it (page 14). However, the communications staff lacked experience in the intelligence aspect of the survey and passed ownership on to the intelligence staff, J2. But J2 wasn’t sure how to approach the survey as a concept, so it finally landed with the operations staff, J3, under the command of Colonel James Chance, J3 Deputy for Command Center and Nuclear Operations. At the time, the concept of “surveying operational effectiveness” was new to the military, but the assignment makes sense in hindsight. Although Colonel Chance’s role as direct manager of the project has been widely discussed, it deserves special mention here due to his contributions and decisions throughout.

5. Although a relatively minor historical note, the size and scope of the survey team was previously undisclosed (page 15). Teams were established at seven commands at various airbases in Japan, Thailand, Guam, and Vietnam. At each command, the number of personnel assigned ranged from a small handful of men at some bases to 39 assigned to the U.S. Military Assistance Command in Vietnam.

6. In the 2007 document, pages 17-31 were almost entirely redacted, representing nearly the entirety of the “Birth of a Dragon” section, which primarily focused on the team’s findings and observations throughout the survey. Although much of the section still remains classified, a significant amount of previously redacted information was revealed in the 2024 release. Much of the information is commonly known, but noteworthy revelations include:

In order to encourage everyone surveyed, from the lowest ranks to the commanding officers, the team agreed that the Purple Dragon survey wouldn’t be treated like a traditional inspection and that no reprimands would come from the gathered information. It was decided at that time to capture the information would be kept non-attributional
In a departure from the original COMSEC team’s plan, the goal was to address the root of the problem rather than punish those who failed to follow proper procedures. With this in mind, unit commanders were given the opportunity to fix any issues before they were reported higher.
To avoid having those interviewed from unconsciously altering their usual activities and gathering accurate information, participants were not told the nature of the survey when being interviewed or observed.

Much of the information disclosed in the document detailed the specific procedures and goals for the team. Based primarily in Pearl Harbor (partially, we learn from other sources due to travel budget limitations for the NSA members of the team), team members compiled a database of findings and evaluated the information as it unfolded. Given that the team was looking for something entirely unknown, it’s interesting to see how they approached the problem and made sense of what they discovered.

7. Even the initial recommendations proved effective (page 22). Before OPSEC as a process was formalized, the initial recommendations given on-site increased survivability and recovery rates for bombers and drones.

8. By reviewing unclassified Notices to Airmen (NOTAMs) for upcoming missions, the Purple Dragon survey team was able to gauge upcoming targets and mission times with about 80% accuracy (page 22). The NOTAMs are generally made widely available with limited control to deconflict airspace and help prevent aviation accidents. It’s certain that adversarial forces had access to those reports, which detailed specific times and general locations of missions.

9. Local Vietnamese allies and officials were warning their friends and family of upcoming bombing missions to give them time to leave the area (page 24). The process for selecting and approving targets could take a week or more, and it involved approvals from multiple different commands and up to the Pentagon. This included coordination with local allies. There is no evidence that any Allied official leaked information to adversarial forces. Still, it should have been foreseen that local officials would naturally want to warn their family and friends who may be in the area. Those family and friends would warn their family and friends, and so on. The local civilian population would start evacuating the general target area one to three days before the mission, which signaled to adversarial forces that they should do the same.

10. Many Rolling Thunder missions were compromised shortly after takeoff (page 25). Early in the survey, it was estimated that up to 90% of Rolling Thunder missions were compromised to varying degrees after takeoff from Thailand or the Gulf of Tonkin, giving the adversary up to 45 minutes’ notice before a strike. Given the sophistication and resiliency of the North Vietnamese tunnel systems, this was more than enough time to shelter personnel and equipment. The Navy and Air Force would use exactly four electronic countermeasure aircraft to jam enemy radar when targeting heavily defended areas, but only two when targeting others. Simply by observing the configuration of the flights or noting the distinctive (and unchanged) call signs of the aircraft, the type of target could be determined. There were also other examples given, including the pattern that Airborne Command Post (ACP) aircraft would land at certain places and times depending on when and where the mission would take place, the fact that the Air Force and Navy would strike at specific times (the Air Force, for example, would almost invariably strike targets between 0800 and 0900, and again between 1600 and 1700) and only in good weather, that airborne refueler aircraft would use the same route and fly several minutes ahead of bombers (using the flight route and plane number as their call sign, which was sent over nonsecure voice channels), and more. Putting this all together, it became trivial to determine the timing and target of a bombing mission.

11. The Purple Dragon survey wasn’t intentionally intended to be repeated, but the survey team and agency leadership advocated for a permanent program based on their findings and the likelihood of reoccurrence (page 30). The survey was intended to be a one-off response to specific security concerns. Still, COL Chance and Admiral Sharp agreed that the survey should become a standard procedure for any military operation. The final report to the Joint Chiefs of Staff included a recommendation that the survey be expanded into an enduring capability; the Joint Chiefs agreed and authorized a permanent OPSEC branch under the CINCPAC J3. This answers a long-standing question as to where OPSEC was intended to “live” from its inception and whether it was originally viewed as a security discipline or an operational one.

While not in this document, an interesting historical side note was that the name for the new discipline was decided at a bar in Hawaii. According to Robert “Sam” Fisher (and retold by others from the team): “The next question was what to call this new organization. Our role was operations analysis, but operations analysis would not do for a name. We wanted to distinguish ourselves from the many operations analysis groups that already existed in Vietnam. One knew that Mother NSA would not allow me to be a part of this new organization unless security was among our objectives. Hence, we arrived at the name Operations Security. A side benefit to this name was the acronym OPSEC, a good way to catch people’s attention.”

12. As a mildly interesting note, the original 2007 release showed the affiliation (U.S. Navy) of the artist that drew the dragon on the cover of the final Purple Dragon report, but the new release redacts it, likely in error (page 35).

13. The first major Purple Dragon survey of a non-Air Force mission took place in 1967 when the survey team examined Navy and Marine amphibious landing missions and found multiple similarities nearly identical to the Air Force operations assessed previously (page 37). The (reasonable) requirement to coordinate landings and raids with local officials and allied forces during the early planning phases of the mission led to provincial chiefs and local villagers moving their cattle and equipment out of the area well in advance of the assault. The movement signaled to adversarial forces that “an operation of some sort was going to occur.” It was also noted that helicopters were pulled from other areas and limited in use the day before to ensure availability in support of the landing. Naval bombardment would also begin several hours before the landing, a literal “wake-up call” for those forces that hadn’t already left, and the reporters would be notified up to four days before the assault and transported by helicopter to one of the assault ships the day before. Perhaps the most significant observation was that a Navy hospital ship, which required more time to move and stage, would be anchored off the opposite side of the target beach the day before the assault. Hospital ships are distinctly marked and easily observed, giving at least an evening’s warning.

14. About a week before an amphibious landing, the Marines would send an Airspace Reservation Request to the Air Traffic Controller in Saigon, along with a formal request to keep the NOTAM secret until a few hours before the requested time (page 40). However, this request was often ignored, and the NOTAL was released immediately. This revealed the fact that a military operation was planned for a specific day at a specific time in a specific location up to a week in advance. The solution was to send the request to Saigon at the last moment and, in at least one case, not until the Marines had already landed on the beach.

15. In an interesting twist, the largest amphibious operation of the war at the time, Operation Bold Mariner, used the same OPSEC weaknesses the adversary was exploiting to mislead them (page 40). Now understanding that the adversary was looking out for certain patterns and indications, mission planners spread misinformation through those channels to convince them that the attack would take place at Mo Duc rather than the actual target, Batangan. The Marines issued a NOTAM for Mo Duc eight hours before the apparent landing time, naval gunfire targeted the decoy target on schedule, and a Naval hospital ship anchored near Mo Duc only to reposition once the actual assault had already begun.

16. The American logistics system in Vietnam was a major success when it came to moving weapons and supplies around the country, but at the same time, the process turned into an intelligence goldmine for adversaries (page 47). Supplies came into the theater through centralized supply depots in “rear” areas and were distributed by truck convoys all over the country. Coordination for convoys and road clearances was often conducted well ahead of time and often over unsecured phone lines that were frequently intercepted. Worse still, larger convoys often used the same routes at the same times and on the same days for their deliveries, which made planning ambushes relatively simple. The survey team also found that many combat units would requisition supplies for a particular operation a month or more in advance. This request, which was often processed by local civilians, would list the latest acceptable delivery date, the unit designation and location, and often even the cover name for the operation. These details would then be stenciled on the crates and left in plain view of anyone with access.

17. The initial success of OPSEC measures to protect Arc Light bombing missions was overestimated and may have been historically overreported (page 52). One of the primary metrics for the effectiveness of Arc Light OPSEC measures was the number of alerts detected by adversary forces transmitting a warning of upcoming strikes. After the measures were put in place, these transmissions had nearly stopped completely- in one six-month period, only five valid alerts were detected out of over 2,600 missions flown. Not long after, however, North Vietnamese defectors reported that the units were still being informed of airstrikes up to several days in advance but had switched to courier and landlines to avoid detection.

18. Another section of the report that was redacted in the 2007 release was the discussion of the concept of and rationale behind “thinking like the enemy.” (page 65). Even in 2007, a fundamental concept of OPSEC is viewing your own operations from an adversarial perspective in order to identify vulnerabilities and shortcomings that you would have missed otherwise. The 2024 release discusses the effectiveness of the approach and how combat commanders were eventually able to embrace it when shown concrete examples of lessons learned.

19. In yet another example of content that was redacted for unclear reasons, the section in which the Joint Chiefs of Staff noted that one-year rotations led to repeated OPSEC issues was redacted due to national security and classification reasons (page 76). The decision was then made to train servicemembers on OPSEC concepts before deployment rather than on the job when they get into theater. To help with coordination and planning, the DIA hosted the first Worldwide OPSEC Conference from 30 April to 2 May 1968 in Virginia. Shortly after this, COL Chance was named the head of the newly-created Joint Chiefs of Staff OPSEC branch, building on his

20. After the war ended, the OPSEC process was applied to peacetime drills and exercises to determine if the same issues would be discovered away from the chaos and fog of war. It turns out they were (page 77). Joint training exercises in Korea, code-named Combat Dawn SIGINT, found many of the same issues and indicators encountered in Vietnam only a few years prior. One example of many is that drone aircraft were deployed to skirt the North Korean airspace in an attempt to activate and test the country’s air defense radar system, but the drones invariably flew the same path for the same duration at the same time of day, making the mission predictable. Much like in Vietnam, the flight plans for the recovery helicopters were filed ahead of time- in this case, exactly at 0800 the day before.

21. An interesting perspective found in the 2024 release, but not the 2007 one, determined that “the greatest single cause of the U.S. military’s poor operations security in Vietnam (was) the general lack of respect U.S. personnel felt for the VC/NVA” (Page 85). General Creighton Abrams (the namesake for the M1 Abrams series of tanks) also reportedly said, “A lot of Americans over here underestimate the cleverness” of the North Korean people. In underestimating their adversary, U.S. forces underestimated their ability to intercept unsecured communications and their intelligence in analyzing intelligence.

22. Perhaps of interest to some, the 2024 release discusses the circumstances and resourcing concerns that led to the National OPSEC Program being ultimately established under the NSA (Page 90). The CINCPAC OPSEC branch was the rightful successor to the Purple Dragon survey team, but by 1980, the branch had dwindled to only five employees and was left unsure of its peacetime role. The NSA, however, had provided many of the staff for the CINCPAC team and, in no small part due to the leadership role of Sam Fisher and others, maintained a recent institutional memory for the process. In 1981, the agency began providing OPSEC training to the government, civilian, and military elements, so it came as no surprise when President Ronald Reagan established the NSA as the executive agent in charge of the National OPSEC Program when it was created in 1988.

A lot has changed in the decades since this history was written. And even more has changed since the date the final Purple Dragon report was submitted in 1967. But in understanding the history of OPSEC, we can understand just how many things have actually stayed the same. OPSEC is no longer only a military discipline, but the challenges faced by the original Purple Dragon survey team have a lot to teach us about the challenges we’re likely to face in our own organizations and communities.

Survivors, Why don’t they just leave?

Survivors hiding her face and pushing away.
Survivor hiding her face and pushing away.

For survivors, leaving an abusive relationship can be complex, challenging, and even dangerous. But once in a while, people looking in from the outside don’t fully understand the challenges survivors face when making such an important decision. Advice or comments like “Why don’t you just leave?” or “Just get a divorce” might seem to make sense to someone unfamiliar with the specific situation. Still, it can also leave the survivor feeling unheard and ultimately misunderstood.

So why don’t survivors of intimate partner violence “just leave”? The thing is, it’s not always quite that easy.

Lots of Concerns

The first and most important concern for survivors of intimate partner violence (IPV) is their safety – them and their children. Unfortunately, there are nearly 17,000 homicides associated with IPV every year, often once the abuser realizes they’re losing control over their victim. While sometimes the safest option is to leave immediately, the survivor has a better idea of their circumstances and what their partner is capable of than most people. When children and pets are involved, their safety is also affected by the survivor’s decisions. In fact, many abusers use threats against children and pets in an effort to control their partner. This is further complicated by fears of custody issues or cultural pressures.

Another concern survivors have to contend with is a potential lack of resources, such as finances, housing, and transportation. Research shows that between 94 and 99% of abuse cases include an element of financial abuse, where the abuser controls or limits the survivor’s access to finances. This can lead the survivor to weigh even their physical safety against their other survival needs. When the survivor doesn’t yet have the resources lined up, even temporarily, escaping can be an even greater challenge.

What are the Options?

Even if it’s the safest option, leaving an abusive relationship can also be difficult emotionally or psychologically. Abusive relationships are often cyclical, where acts of abuse are followed by seeming remorse and “love bombing.” or excessive forms of affection and gift-giving to manipulate the target. Until the survivor notices the pattern, it can lead to a sense that things “aren’t that bad” or have somehow gotten better. Another thing that can make abuse difficult to confront is the concept of trauma bonding, where the cycle of abuse and reinforcement- as well as the “shared” experience surrounding abuse- leads to an unhealthy bond with the abuser.

Leaving any relationship- especially an abusive one- can be difficult and complicated. But no one knows better than the person leaving just how difficult and complicated it may be. Understanding the many challenges they face can help allies, relatives, and friends of survivors focus on what’s truly helpful.

But what would that be?

How To Help

If someone confides in you that they’re in an abusive relationship:

  • Make time to talk. If you don’t have privacy or time to talk at that moment, make time for them as soon as possible
  • Share your concerns about their safety.
  • Be specific in what type of help you can offer, whether it’s support, resources, a ride, or anything else.
  • Don’t blame the victim or push them into leaving before they’re ready or it’s safe.
  • If they’re in immediate danger, help them find nearby emergency resources.
  • Help them make a safety plan, which is something Operation Safe Escape or a local domestic violence advocate can assist with.
  • Encourage them to seek therapy and medical services as needed.
  • Encourage them to reach out for help, which can include:
  • Keep in mind that they might not decide to leave at that time. Accepting that can be difficult, but they may be willing to discuss their reasons with you. If those reasons include a lack of resources or support, they may be encouraged to find out those resources are available. But either way, let them know you’re available to help, you care, and that you’ll support them no matter what. Knowing people are there for them can be a real lifesaver.

    fair housing for survivors act

    OSE Supports the Fair Housing for Survivors Act of 2023

    Operation Safe Escape applauds and supports the Fair Housing for Survivors Act of 2023, a bill introduced in the US House of Representatives earlier this year. This important piece of legislation aims to provide protection for survivors of domestic violence, sexual violence, and sex trafficking under the Fair Housing Act. If passed, the bill would include survivors of domestic violence, sexual violence, and sex trafficking to the list of classes protected under the existing Fair Housing Act, helping to protect survivors from discrimination or eviction for crimes committed against them.

    The statistics are shocking and underscore the importance of this landmark legislation. Research indicates that up to 57% of homeless women, many with children, report that domestic violence was the immediate cause of their homelessness. 84% of survivors in domestic violence shelters report that they need help finding affordable permanent housing, with more than half not receiving the assistance they need. And survivors who become homeless as a result of abuse or assault are at a significantly higher risk of other forms of victimization.

    Sadly, the majority of survivors who experience sexual assault or abuse in their home do not immediately relocate to a safer environment because they lack funds or are not aware of the resources available to them. In a press release announcing the legislation, Congresswoman Wasserman Schultz said, “for far too long, survivors of domestic violence, sexual assault, and human trafficking have been forced to choose between confinement with their abusers or homelessness.” The time to act, clearly, is now.

    The bipartisan bill has 53 cosponsors, which you can view here. Don’t see your representative on the list? Click “Contact Your Member” on this page and encourage them to support H.R. 2918, the Fair Housing for Survivors Act of 2023.

    Someone you know is struggling today. Celebrate Be an Angel Day, be an angel in their life by helping them recover from abuse.

    National Be an Angel Day is TODAY!!!!!!

    Today is the 29th annual “National Be an Angel Day.” This is a day when we not only remember the people that made a difference in our own lives, but also a day where we reflect on the many ways we can help others around us. Someone you know is struggling today; how can you help?

    You can make a difference in the life of a survivor. It starts with listening.

     

    How do you recognize domestic violence?

    Abusers will generally put on a sort of “mask” in public, reserving the most obvious forms of abuse for in private. This is itself a form of manipulation, so it’s important to recognize the signs of abuse that might not be so obvious:

    • Their partner insults them in front of others, or even in public
    • They are constantly worried about upsetting their partner or making them angry
    • They keep making excuses about their partner’s behavior or minimize their comments
    • Their partner appears to be jealous and possessive, or even controls who they’re able to associate with
    • The relationship seems to be moving very quickly, and they’re pressured to make commitments early on in the relationship
    • You notice unexplained marks or injuries, such as bruises or cuts
    • They stop spending time with friends and family, or significantly reducing the time they spend with friends and family without a clear reason
    • They seem depressed or anxious, or demonstrate other personality changes
    • They have unexplained financial problems, often a symptom of financial abuse

    Don’t wait for someone close to you to tell you what’s going on. If you see something concerning, say something!

     

    Teen Dating Violence and Abuse

    Teenage relationships can often be more volatile than adult ones. It’s just as important to share information and resources with teens, especially if you have reason to suspect the relationship is abusive in any way. Some signs of abuse include:

    • Changes in behavior, such as unexplained moodiness, temper, depression, or withdrawing from friend or family groups
    • Pressure to take the relationship “to the next level,” either physically or with long-term commitments
    • Showing up unannounced and uninvited
    • The relationship is extremely volatile; they’re constantly fighting or breaking up and getting back together. The cycle is often restarted with a grand gesture by the partner, which may include expensive gifts or frequent efforts to contact them
    • New signs of body or appearance insecurity
    • The partner starts speaking for the teen, especially when discussing plans or opinions
    • They’re monitoring the teen’s devices, tracking their location, and otherwise invading their privacy
    • They are pressured to respond to text messages or other contact immediately, and become distressed when they’re not able to receive and respond to messages quickly
    • Their possessions get vandalized or destroyed by their partner
    • Unexplained or hidden injuries

     

    What can I do?

    If you know or suspect that someone close to you is in an abusive relationship, taking the next step can be hard and you may even be afraid of offending someone you care about. It’s always okay to share your concerns, and it might even save their life.

    • Tell them you’re concerned about their safety, and what specifically worries you. This can help them see that the behaviors aren’t okay and that people care
    • Be specific with how you want to help, whether you can offer resources, space, comfort, childcare, or anything else
    • Encourage them to talk to someone that can help, such as the National Domestic Violence Hotline, Operation Safe Escape, a local agency, etc
    • Encourage them to do things they used to enjoy but may have stopped doing
    • Give them your attention. Find a time when you won’t be distracted while talking
    • Don’t try to force them to do anything; it can be hard, but they might not be ready or able to make a change at that time. Let them know you’ll be there for them when they are. Also, don’t try to shame or blame them for anything that happened
    • Let them know you’ll always be there for them, whether they stay or are ready to leave

     

    Resources: 

    Make a safety plan. Note: when making a safety plan, which may include storing important documents or clothing, be careful not to give clues to the abuser. If they would notice important documents missing or see a “go bag” hidden in the home, this can escalate the abuser

    The National Domestic Violence Hotline. The Hotline offers anonymous chat, text, and other resources

    The Coalition Against Stalkerware. Not only does the Coalition do great work in combating stalkerware apps and tools, take a look at the members for even more resources

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