Cyber Criminology: Exploring Internet Crimes and Criminal Behavior

© 2011 by Taylor & Francis Group, LLC

Cyber Criminology Exploring Internet Crimes and Criminal Behavior



Cyber Criminology Exploring Internet Crimes and Criminal Behavior Edited by K. Jaishankar

CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2011 by Taylor and Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U.S. Government works Printed in the United States of America on acid-free paper 10 9 8 7 6 5 4 3 2 1 International Standard Book Number: 978-1-4398-2949-3 (Hardback) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use. The authors and publishers have attempted to trace the copyright holders of all material reproduced in this publication and apologize to copyright holders if permission to publish in this form has not been obtained. If any copyright material has not been acknowledged please write and let us know so we may rectify in any future reprint. Except as permitted under U.S. Copyright Law, no part of this book may be reprinted, reproduced, transmitted, or utilized in any form by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying, microfilming, and recording, or in any information stor- age or retrieval system, without written permission from the publishers. For permission to photocopy or use material electronically from this work, please access www.copy- right.com (http://www.copyright.com/) or contact the Copyright Clearance Center, Inc. (CCC), 222 Rosewood Drive, Danvers, MA 01923, 978-750-8400. CCC is a not-for-profit organization that pro- vides licenses and registration for a variety of users. For organizations that have been granted a pho- tocopy license by the CCC, a separate system of payment has been arranged. Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. Visit the Taylor & Francis Web site at http://www.taylorandfrancis.com and the CRC Press Web site at http://www.crcpress.com

To my daughter D. J. Mriganayani who questions, put things in different perspectives, and makes me think radically



Contents Foreword xi Acknowledgments xiii Editor xv Contributors xvii Introduction: Expanding Cyber Criminology With an Avant-Garde Anthology xxvii Section I DEVIANCE AND CRIMINAL SUBCULTURE IN CYBERSPACE 1 Café Culture and Heresy of Yahooboyism 3 in Nigeria ADEBUSUYI I. ADENIRAN 2 Internet Gambling 13 HENRY N. PONTELL, GILBERT GEIS, AND GREGORY C. BROWN Section II 31 53 PERPETRATORS’ PERSPECTIVES AND OFFENDER USE OF THE INTERNET 3 Identity Construction Among Hackers ORLY TURGEMAN-GOLDSCHMIDT 4 Virtual Sex Offenders: A Clinical Perspective KIMBERLY YOUNG vii

viii Contents 5 Self-Reported Internet Child Pornography 65 Consumers: A Personality Assessment Using Bandura’s Theory of Reciprocal Determinism KATHRYN C. SEIGFRIED-SPELLAR, RICHARD W. LOVELY, AND MARCUS K. ROGERS 6 Online Social Networking and Pedophilia: 79 An Experimental Research “Sting” RODERIC BROADHURST AND KASUN JAYAWARDENA 7 Adult–Child Sex Advocacy Websites as Learning Environments for Crime 103 ROB D’OVIDIO, TYSON MITMAN, IMAANI JAMILLAH EL-BURKI, AND WESLEY SHUMAR 8 The Internet as a Terrorist’s Tool: A Social 127 Learning Perspective TINA FREIBURGER AND JEFFREY S. CRANE Section III 141 155 DIGITAL PIRACY 173 9 Value and Choice: Examining Their Roles in Digital Piracy GEORGE E. HIGGINS 10 Suing the Genie Back in the Bottle: The Failed RIAA Strategy to Deter P2P Network Users MICHAEL BACHMANN 11 Criminological Predictors of Digital Piracy: A Path Analysis WHITNEY D. GUNTER

Contents ix 12 Change of Music Piracy and Neutralization: An Examination Using Short-Term Longitudinal Data 193 GEORGE E. HIGGINS, SCOTT E. WOLFE, AND CATHERINE D. MARCUM 13 Digital File Sharing: An Examination of Neutralization and Rationalization Techniques Employed by Digital File Sharers 209 ROBERT MOORE Section IV CYBER VICTIMIZATION 14 Cyber-Routine Activities: Empirical Examination of Online Lifestyle, Digital Guardians, and Computer-Crime Victimization 229 KYUNG-SHICK CHOI 15 Adolescent Online Victimization and Constructs of Routine Activities Theory 253 CATHERINE D. MARCUM 16 Cyber Stalking: Typology, Etiology, and Victims 277 MICHAEL L. PITTARO 17 Online Social Networking and Women Victims 299 DEBARATI HALDER AND K. JAISHANKAR 18 Malware Victimization: A Routine Activities 317 Framework ADAM M. BOSSLER AND THOMAS J. HOLT

x Contents Section V LEGAL AND POLICY ISSUES OF CYBER CRIMES 19 Fatwas Chaos Ignites Cyber Vandalism: Does Islamic Criminal Law Prohibit Cyber Vandalism? 347 ALAELDIN MANSOUR MAGHAIREH 20 Cyber Bullying: Legal Obligations and 359 Educational Policy Vacuum SHAHEEN SHARIFF AND DIANNE L. HOFF 21 Human Rights Infringement in the Digital Age 393 RUSSELL G. SMITH Conclusion 411 415 K. JAISHANKAR Index

Foreword I am very pleased to be asked to write the foreword to this interesting book. I first met Dr. Jaishankar (Jai) at a conference in Bangalore in early 2009 and again some months later in November of that year when he visited the University of Leeds for 6 months on a Commonwealth Fellowship. While he was in Leeds, Jai engaged energetically in many fruitful activities, one of which was the compilation of this edited collection of chapters by interna- tional scholars. I got to know Jai during those 6 months, and we had many lively dis- cussions about cyber crime and especially the different ways that it has affected the people of the Indian subcontinent. I am very grateful to him for this knowledge because it has helped me to begin to understand just how ubiquitous the Internet has become and how this ubiquity has, in fact, begun to spiral in the new millenium. Even today, some 20 years or so since the graphic user interface made the Internet user friendly and popular, networked technologies are still becom- ing further embedded in each and every aspect of our daily lives. Even if we do not use the Internet, much of our personal information will be stored somewhere on a networked computer, so in one way or another it affects all of us. Because of this reality, the potential for our data to be used maliciously is much greater, and it therefore becomes increasingly important that we study the impacts of the Internet, especially as the freedom it brings comes at the cost of the new risks we experience. Regardless of whether you are a member of the academic community, a practitioner, a media commentator, or just someone who is interested—yes, you do exist—this book will provide you with a provocative and thoughtful collection of viewpoints upon which to develop your thoughts and strengthen your debate. So I invite you, the reader, to read on. David S. Wall, PhD Chair of Criminal Justice and Information Society School of Law University of Leeds Leeds, United Kingdom May 2010 xi



Acknowledgments From the bottom of my heart, I would like to thank Professor David S. Wall, University of Leeds, UK, for being kind in accepting my request to write a foreword for this book. My heartfelt thanks to Carolyn Spence, Patricia Roberson, Robert Sims, and Elise Weinger Halprin of CRC Press and the Taylor & Francis Group and Marc Johnston of Cadmus Communications for effectively coordinating and managing this book to print. I would like to thank the reviewers of this book: Gillian Dempsey, Gregor Urbas, Justin W. Patchin, Majid Yar, Marcus Rogers, Maura Conway, Peter Grabosky, Robert G. Morris, Russell Smith, Sameer Hinduja, and Thomas J. Holt. My special thanks are due to Susan Brenner, the chief editorial advisor of the International Journal of Cyber Criminology and Shaheen Shariff, the book review editor of the International Journal of Cyber Criminology. I sincerely thank Prapon; the Bangkok Police Department; Bessie Pang, the executive director of the Society for Policing Cyber Space; and Steve Chon and Laurent Testard, the former moderators of Virtual Forum against Cybercrime (VFAC; http://www.cybercrimeforum.org). I also thank Roderic Broadhurst, VFAC, and the Korean Institute of Criminology for being strong supporters in the development of the International Journal of Cyber Criminology. Mathew Grandy, the designer of the book cover, needs a special mention for agreeing to use his image without any fees, and I genuinely thank him for his generous nature. A. Ravishankar, the volunteer cover designer, played a vital role in making the collage design of the cover to bring out the theme of cyber criminology—my sincere thanks are due to him. My heartfelt thanks go to my research students, Sivakumar and Periyar, for their wholehearted assis- tance in the cover page design work. My earnest thanks are due to Dhruv, Samyuktha, Mili, and Megha for significantly assisting me in the editorial process. Last but not the least, I would like to express my heartfelt thanks to my wife Debarati for being a great intellectual support and for taking most of the familial responsibilities on her shoulders while I was tied up with this project. As I have completed this editing work, I hope I will now have time to support my wife. xiii



Editor K. Jaishankar, PhD, is a senior assistant professor in the Department of Criminology and Criminal Justice at Manonmaniam Sundaranar University in Tirunelveli, India. From November 2009 to April 2010, he was a Commonwealth Fellow at the Centre for Criminal Justice Studies, School of Law, University of Leeds, UK. He is the founding editor-in-chief of the International Journal of Cyber Criminology (http://www.cybercrime- journal.com) and editor-in-chief of the International Journal of Criminal Justice Sciences (http://www.ijcjs.co.nr). He is the founding president of the South Asian Society of Criminology and Victimology (http://www. sascv.org) and founding executive director of the Centre for Cyber Victim Counselling (http://www.cybervictims.org). He was awarded the prestigious Commonwealth Academic Staff Fellowship, 2009–2010. He was a member of the United Nations Office on Drugs and Crime core group of experts (15-member group) on identity-related crime (2007–2008) and a member of the International Scientific and Professional Advisory Council of the United Nations working group on cyber crime, Milan, Italy. He was recently appointed as a fellow of the African Centre for Cyberlaw and Cybercrime Prevention. He was a coinvestigator of an international grant funded by the Social Science and Humanities Research Council of Canada to develop a pro- file of cyber bullying, inform the current policy vacuum, and develop guide- lines to help schools address cyber bullying. Among the recent books he has written and/or coedited are Cyber Bullying: Profile and Policy Guidelines (DOCCJ, Manonmaniam Sundaranar University, India, 2009); International Perspectives on Crime and Justice (Cambridge Scholars Publishing, UK, 2009); Trends and Issues of Victimology (Cambridge Scholars Publishing, UK, 2008); and Crime Victims and Justice: An Introduction to Restorative Principles (Serial Publications, New Delhi, 2008). He pioneered the develop- ment of the new field of cyber criminology and is the proponent of the space transition theory of cyber crimes. His areas of academic competence include cyber criminology, victimology, crime mapping, geographic information systems, communal violence, theoretical criminology, policing, and crime prevention. xv



Contributors Adebusuyi I. Adeniran is a lecturer in political sociology, research, and development ethics at the Department of Sociology and Anthropology, Obafemi Awolowo University, Ile-Ife, Nigeria. He earned a BSc in sociology from University of Ado-Ekiti, Nigeria in 1999 and a MSc in sociology from University of Lagos, Nigeria in 2005. He is currently completing his PhD in sociology at the University of Ibadan, Nigeria. He has published widely in renowned local and international journals, periodicals, books, and ency- clopedias. He is a recipient of cogent scholarship, sponsorship, and fellow- ship awards. He is a member of notable professional bodies, such as the American Sociological Association, Utopian Studies Society, Global Forum on Migration and Development, and Migration and Development in Africa Monitors. He presently functions as the African editor of Wiley-Blackwell’s Working USA: The Journal of Labour and Society and as an editor of Wiley- Blackwell’s Encyclopedia of Global Human Migration. Michael Bachmann is currently Assistant Professor of Criminal Justice at Texas Christian University, Fort Worth, TX. He received his PhD in sociol- ogy from the University of Central Florida in 2008 and his MA in social sciences from the University of Mannheim, Mannheim, Germany, in 2004. He specializes in the investigation of computer and high-tech crimes. He is the author of several book chapters and journal articles on cyber crimes. Adam M. Bossler is an assistant professor of justice studies in the Department of Political Science at Georgia Southern University in Statesboro, GA. He received his PhD in criminology and criminal justice from the University of Missouri—St. Louis in 2006. His research interests include testing the applicability of traditional criminological theories to cyber crime offending and victimization. His recent work has appeared in the Journal of Criminal Justice, Journal of Crime and Justice, Deviant Behavior, and International Journal of Cyber Criminology. Roderic Broadhurst is a professor in the School of Regulation, Justice, and Diplomacy at The Australian National University, College of Asia and the Pacific. In 1994 he received his PhD in criminal justice from the University of Western Australia and an MPhil from the University of Cambridge. He is a chief investigator and deputy director of the Australian Research Council’s Centre for Excellence in Policing and Security and leads projects on organized crime, investigations, and cyber crime. Professor Broadhurst has considerable xvii

xviii Contributors international experience and has conducted UN crime victim surveys in China and Cambodia and taught at the University of Hong Kong. He serves on the steering committee of the Virtual Forum Against Cybercrime hosted by the United Nations Office on Drugs and Crime (UNODC)/Korean Institute of Criminology. He is an associate of the Australian Institute of Criminology and founding editor of the Asian Journal of Criminology. Recent publications include edited volumes Cyber-Crime: The Challenge in Asia (The University of Hong Kong Press, 2005) with Peter Grabosky and Policing in Context: An Introduction to Police Work in Australia (Oxford University Press, 2009) with Sara Davies. Gregory (Chris) Brown joined the California State University, Fullerton (CSUF) faculty as an assistant professor of criminal justice, following a 1-year position as a full-time lecturer. In 1990, he received his PhD in social ecology from the University of California, Irvine, with an emphasis in criminology. He completed his undergraduate education at the University of California, Santa Cruz with a BA in sociology. His first teaching job was at the University of California, Santa Barbara. He next worked as an assistant professor of criminal justice at Chapman University in Orange, CA from 1991 to 1997. He also taught at the California Youth Authority in Whittier for 3 years and worked part time at CSUF. From 2003 to 2005, he taught as a full-time lecturer at California State University, Long Beach. He has taught at California State University, Fullerton in various capacities (e.g., part-time lecturer, full-time lecturer, and assistant professor since 2001). In 2003, he received a Certificate of Recognition as a volunteer for the Gang Class and Brothers Out-of-Trouble (BOOT) programs at the Fred C. Nelles Youth Correctional Facility. His teaching interests include gangs, corrections, minorities and crimes, and white-collar crime. His research interests include gang theory and practice, prisons, the death penalty, and corrections. Kyung-shick Choi is Assistant Professor of Criminal Justice at Bridgewater State College, Bridgewater, MA. He also serves as a lecturer in connection with the development of the UN virtual forum against cyber crime. He received his PhD in Criminology from Indiana University of Pennsylvania. His scholarly interests focus on the study of computer crime, theory testing, and policy evaluation via quantitative assessment. Jeffrey S. Crane is president of Simpex, a strategic international management company located in Miami, FL. Crane also holds academic appointments at the University of Miami, College of Medicine (2006–present) and Western Carolina University (2003–present); he is also a fellow at the University of Pittsburgh (2006–present), Center for National Preparedness. From June 2006 to August 2009, Dr. Crane was the executive director of John P. Murtha Institute for Homeland Security at the Indiana University of Pennsylvania, Indiana, PA.

Contributors xix Rob D’Ovidio is an assistant professor at Drexel University, Philadelphia, PA, where he teaches criminal justice and directs Drexel’s research program in computer crime and digital forensics. His research and teaching inter- ests lie in the intersection of computer technology, crime, and the criminal justice system. In the past, D’Ovidio has worked with the New York City Police Department and the Philadelphia Police Department on research projects involving computer crime. His work with the law enforcement community also includes training investigators on techniques to trace Internet communication and seize electronic evidence and cell phones. D’Ovidio is a past president of the Philadelphia/Delaware Valley chapter of the High Technology Crime Investigation Association. He is also a mem- ber of the International Association of Computer Investigative Specialists, the American Society of Criminology, and the United States Secret Service Philadelphia-Area Electronic Crimes Task Force. D’Ovidio sits on the National Governors Association’s Strategic Policy Council on Cyber and Electronic Crime. He serves as an advisor to the Pennsylvania state trea- surer on identity theft and is a consultant to BK Forensics, assisting with law enforcement outreach and the development of training curriculum. He provides regular commentary for media outlets on news stories pertaining to computer crime, Internet safety, identity theft, and surveillance. Imaani Jamillah El-Burki is a graduate student at the Department of Culture and Communication, Drexel University, Philadelphia, PA. Tina Freiburger is an assistant professor in the Department of Criminal Justice at the University of Wisconsin–Milwaukee, Milwaukee, WI. She received her PhD in criminology from Indiana University of Pennsylvania and her MA from Sam Houston State University. Her primary research areas include gender and racial disparities in sentencing, criminological theory, recidivism among sex offenders, and experiences of females in the criminal justice system. Gilbert Geis is Professor Emeritus, Department of Criminology, Law and Society, University of California, Irvine. He received his PhD in sociol- ogy from the University of Wisconsin, has been president of the American Society of Criminology, and is a recipient of its Edwin H. Sutherland Award for research achievements. Other recognition has come from the National Association of Certified Fraud Examiners (Donald Cressey Award), the American Justice Institute (Richard A. McGee Award), the Western Society of Criminology (Paul Tappan Award), and the National Organization for Victim/Witness Protection (Stephen Schafer Award). His most recent books are Criminal Justice and Moral Issues (Oxford University Press, 2006) and White-Collar and Corporate Crime (Prentice Hall, 2007). Whitney D. Gunter is a doctoral student in the Department of Sociology and Criminal Justice at the University of Delaware, Newark, DE, and a research

xx Contributors assistant at the Center for Drug and Alcohol Studies. Her main research interests include criminological theory, research methodology, statistics, and computer crime. Debarati Halder is an advocate and legal scholar. She is the managing direc- tor of the Centre for Cyber Victim Counselling (http://www.cyber victims. org). She received her LLB from the University of Calcutta and MA in interna- tional and constitutional law from the University of Madras. She is currently working toward her PhD at the National Law School of India University, Bangalore, India. She has published many articles in peer-reviewed journals and chapters in peer-reviewed books. Her work has appeared in scholarly journals, including the Journal of Law and Religion, Murdoch University Electronic Journal of Law, ERCES Online Quarterly Review, TMC Academic Journal (Singapore), and Indian Journal of Criminology & Criminalistics and, among edited volumes, Crimes of the Internet, (Prentice Hall, 2008) and Trends and Issues of Victimology (Cambridge Scholars Publishing, 2008). Her research interests include constitutional law, international law, victim rights, and cyber crimes and laws. George E. Higgins is currently an associate professor in the Department of Justice Administration at the University of Louisville, Louisville, KY. He graduated from Kentucky State University with a BA in criminal justice in 1994, the University of Kentucky with an MA in public administration in 1996, and Indiana University of Pennsylvania with a PhD in criminology in 2001. He was on the faculty in criminal justice at West Virginia State University, Institute, WV. His research focuses on testing criminological theory and using advanced quantitative methods (e.g., structural equation modeling and Rasch models) to better understand crime and deviance (e.g., computer and cyber crimes and binge drinking) and racial and gender/sex disparities in criminal justice. Along with two graduate students, he was the recipient of the 2006 William L. Simon/Anderson Outstanding Paper Award at the Academy of Criminal Justice Sciences annual meeting in Baltimore, MD. Dianne L. Hoff is presently Associate Dean for Teacher Preparation and Professional Programs at the University of West Georgia, Carrollton, GA. Previously, she was an associate professor of educational leadership at the University of Maine, teaching education law, policy, research, and finance. Her undergraduate and MA degrees are from Indiana University, and she holds an EdD from the University of Louisville. Prior to her academic appointments, she served as a principal in large schools in Georgia and southern California. She conducts research on the social/political context of schooling—specifically the ways law, policy, and practice intersect to create discrimination challenges for schools. She is currently conducting research on contemporary legal issues that schools face, including cyber bullying,

Contributors xxi charging students for activities (pay-to-play), and appropriate accommoda- tions for students with peanut allergies. Thomas J. Holt is an assistant professor in the School of Criminal Justice at Michigan State University, specializing in computer crime, cyber crime, and technology. His research focuses on computer hacking, malware, and the role that technology and the Internet play in facilitating all manner of crime and deviance. Dr. Holt has been published in various journals includ- ing Crime and Delinquency, Deviant Behavior, and the Journal of Criminal Justice. He received his PhD from the University of Missouri—Saint Louis in December 2005. Kasun Jayavardena is a PhD student at Queensland University of Technology, Brisbane, Australia. Richard W. Lovely is currently Associate Professor and Codirector of the Master of Science in Forensic Computing Program at John Jay College of Criminal Justice, New York, NY. Lovely arrived at John Jay in 1985. He earned his PhD at Yale University and a BA from the University of Southern Florida. His primary areas of interest are cyber crime, deviance and social control, organizational responses to technology, leadership and group dynamics, and computer applications in research. In the field of criminal justice, he has done research on search and seizure law, causes of serious violence, and organi- zational innovation. His current research concerns cyber crime, geographi- cal solutions to stigma, and educational outcomes assessment. Currently he teaches seminars in criminology and data analysis. Alaeldin Mansour Maghaireh is currently a lecturer in law at the Centre for Transnational Crime Prevention (CTCP), University of Wollongong, Australia. He is an expert in Islamic criminal law and cyber crime with considerable experience in the First Instance Court in Jordan. His doc- toral research, completed in 2009 at Wollongong University, was entitled Cybercrime Investigation: A Comparative Analysis of Search for and Seizure of Digital Evidence. He also holds a graduate certificate in transnational crime prevention from Wollongong University. His primary research interests are cyber criminology, cyber terrorism, digital evidence, and Shariah law. He has published on cyber crime, Shariah law, and related legal issues. Catherine D. Marcum is an assistant professor of justice studies in the political science department at Georgia Southern University, Statesboro, GA. She graduated in December 2008 from Indiana University of Pennsylvania with a PhD in criminology. Her most recent publications are in Deviant Behavior; Criminal Justice Studies: A Critical Journal of Crime, Law, and Society; International Journal of Cyber Criminology; and Journal of Child Sexual Abuse. Tyson Mitman is a graduate student in the Department of Culture and Communication, Drexel University, Philadelphia, PA.

xxii Contributors Robert Moore is an assistant professor of criminal justice at Troy University, Troy, AL. He obtained his PhD in administration of justice from The University of Southern Mississippi in 2003. His research interests focus on cyber-related crime and deviancy. He has published two introductory books on cyber crime and is currently involved in researching deviant relationships that involve the use of Internet-based communications and websites. His publications have appeared in The American Journal of Criminal Justice, The International Journal of Cyber Criminology, The Journal of Criminal Justice and Popular Culture, and Policing: An International Journal. Michael L. Pittaro is currently the executive director of Community Preven- tion Resources of Warren County, Inc., Washington, NJ. He was formerly the executive director of the Council on Alcohol and Drug Abuse in Allentown, PA. He is an adjunct professor with Cedar Crest College’s (Allentown, PA) criminal justice department. Earlier, Pittaro was the chair of the legal stud- ies department at Lehigh Valley College. He is the author of several publica- tions, including the United States’ first and only criminal justice quick study reference guide, and has been the honored recipient of several awards for his teaching style and practice. Pittaro is coeditor of Crimes of the Internet (Prentice Hall, 2008) and a member of the International Editorial Advisory Board of the International Journal of Criminal Justice Sciences. Pittaro has nearly 20 years of professional criminal justice field experience. He holds an MA in public administration and a BA in criminal justice from Kutztown University and is currently pursuing a PhD in criminal justice from Capella University, Minneapolis, MN. Henry N. Pontell is a professor of criminology, law, and society in the School of Social Ecology and a professor of sociology in the School of Social Sciences at the University of California, Irvine. He received his PhD in sociology from Stony Brook University in 1979. His academic work has spanned such topics as social deviance, punishment and deterrence, crime seriousness, health care fraud, international financial fraud, white-collar and corporate crime, cyber crime, and identity theft. He has testified before the U.S. Senate on financial fraud, has worked closely with numerous gov- ernment agencies, including the FBI and the U.S. Secret Service, and has had his research on white-collar crime highlighted in the national and international media. He has served as president of the Western Society of Criminology and as vice-president of the American Society of Criminology and has been elected a fellow of both organizations. In 2001, he received the Donald R. Cressey Award from the Association of Certified Fraud Examiners for major lifetime contributions to fraud investigation, detec- tion, and deterrence; he also received the Albert J. Reiss, Jr. Distinguished Scholarship Award from the American Sociological Association. He has held visiting appointments at the Australian National University, the University

Contributors xxiii of Melbourne, the University of Macau, the University of Virginia, and Waseda University in Tokyo, Japan. His most recent books include Profit Without Honor: White Collar Crime and the Looting of America (4th ed., Prentice Hall, 2007) and the International Handbook of White-Collar and Corporate Crime (Springer, 2007). He is editor of the Masters Series in Criminology (Prentice Hall). Marcus K. Rogers is the director of the Cyber Forensics Program in the Department of Computer and Information Technology at Purdue University, Lafayette, IN. He received his PhD in forensic psychology from the Univer- sity of Manitoba in 2001. He is a professor, university faculty scholar, and fel- low at the Center for Education and Research in Information Assurance and Security. Dr. Rogers is the International Chair of the Law, Compliance, and Investigation Domain of the Common Body of Knowledge committee, Chair of the Ethics Committee for the Digital and Multimedia Sciences section of the American Academy of Forensic Sciences, and Chair of the Certification and Test Committee–Digital Forensics Certification Board. He is a former police officer who worked in the area of fraud and computer crime investiga- tions. Dr. Rogers is the author of books, book chapters, and journal publica- tions in the field of digital forensics and applied psychological analysis. His research interests include applied cyber forensics, psychological digital crime scene analysis, and cyber terrorism. He has authored several book chap- ters and articles in the area of computer forensics and forensic psychology. Dr. Rogers is the editor-in-chief of the Journal of Digital Forensic Practice and sits on the editorial board for several international journals. He is also a member of other various national and international committees focusing on digital forensic science and digital evidence. He is a frequent speaker at international and national information assurance and security conferences and guest lectures at various universities throughout the world. Kathryn C. Seigfried-Spellar is the cyber forensics research coordinator and a PhD research student at the Department of Computer and Information Technology, College of Technology, Purdue University, Lafayette, IN. Shaheen Shariff is an associate professor and international expert on legal issues that have emerged in relation to online social communications such as cyber bullying, free expression, privacy, libel, and criminal harassment. Her research and teaching are grounded in the study of law as it impacts edu- cational policy, pedagogy, and practice. Specifically, her work addresses the emerging policy vacuum on legal and ethical limits of online expression and the tendency of policy makers to react and overregulate as opposed to the need for increased education, dialogue, and awareness about the limits of free expression in virtual society. Her work identifies limits on student free expres- sion in school and cyberspace—such as the line between joking and cyber threats—privacy rights, cyber safety, cyber libel, and school supervision. She

xxiv Contributors has developed guidelines for school administrators, teachers, and parents regarding the extent of their legal responsibilities in addressing cyber bullying in various contexts. Her work also focuses on human rights, constitutional and tort law as they inform institutional responsibilities to provide safe and productive school and work environments, and censorship and diversity in schools. She was invited to participate on a UN panel on cyber hate chaired by Secretary General Ban Ki Moon and has served on an international advi- sory committee working with UNESCO and CIDA and the International Institute for Educational Planning to develop a toolkit for global use in draft- ing Teacher Codes of Conduct. She was also recently a panelist with the (US) First Amendment Center’s online symposium, which featured her scholar- ship on the legal implications for educational institutions in relation to policy issues around cyber bullying. She graduated with a PhD from Simon Fraser University in curriculum implementation, leadership, and policy studies. Wesley Shumar is a professor of anthropology and chair of the culture and communication department at Drexel University, Philadelphia, PA. He is a cultural anthropologist whose research focuses on virtual community, higher education, and ethnographic evaluation in education. Since 1997 he has worked as an ethnographer at the Math Forum, a virtual math educa- tion community and resource center. He is coprincipal investigator on the Virtual Math Teams project, a 5-year National Science Foundation project at the Math Forum that is investigating the dynamics of online and face-to- face collaborative problem solving and problem creation. He is also coprin- cipal investigator on Leadership Development for Technology Integration: Developing an Effective NSDL Teacher Workshop Model. This project is a 3-year NSF project to develop and refine a hybrid workshop model that sup- ports teachers to integrate National Science Digital Library (NSDL) resources and technologies into their classrooms. Russell G. Smith is currently principal criminologist and manager of the Global, Economic, and Electronic Crime Program at the Australian Institute of Criminology (AIC), having joined the AIC in January 1996 from the University of Melbourne, where he was a lecturer in criminology. He has an LLB (1980), BA (degree with honors in psychology, 1980), diploma in crimi- nology (1982), and an MA (1986)—all from the University of Melbourne. He also has a PhD (1990) from the Faculty of Laws, King’s College, University of London. He is admitted to practice as a barrister and solicitor of the Supreme Court of Victoria and the Federal Courts of Australia (1981) and as a solicitor of the Supreme Court of England and Wales (1991). He has had extensive experience in criminal justice research, including the publication of 7 authored, coauthored, or edited books; 22 reports/monographs; and more than 110 other publications. He has also given over 220 conference or seminar presentations locally and internationally. Russell’s main research

Contributors xxv interests relate to financial crime, including identity crime and money laun- dering, technology-enabled crime, professional regulation, and history. His principal books are Cyber Criminals on Trial (Cambridge University Press, 2004, jointly authored); Crime in the Professions (Ashgate Publishing, 2002, edited); Electronic Theft (Cambridge University Press, 2001, jointly authored); In Pursuit of Nursing Excellence (Oxford University Press, 1999); Health Care, Crime and Regulatory Control (Hawkins Press, 1998, edited); Crime in the Digital Age (Federation Press/Transaction Publishers, 1998, jointly authored); and Medical Discipline (Clarendon Press, Oxford, 1994). Orly Turgeman–Goldschmidt is a lecturer at the Interdisciplinary Depart- ment of Social Sciences, Bar-Ilan University, Israel. She earned her PhD in sociology and anthropology from the Hebrew University of Jerusalem. Her research interests include computer crime, hacking, digital culture, and gender differences in language. Scott E. Wolfe is a PhD student at the School of Criminology and Criminal Justice, Arizona State University, Glendale, AZ. Kimberly Young is an internationally known expert on Internet addiction and online behavior. She serves as the director of the Center for Internet Addiction Recovery (founded in 1995) and travels nationally conducting seminars on the impact of the Internet. She is the author of Caught in the Net (John Wiley & Sons, Inc., 2009), the first book to address Internet addiction and translated in six languages; Tangled in the Web (Authorhouse Library, 2001); and her most recent, Breaking Free of the Web: Catholics and Internet Addiction (St. Anthony’s Messenger Press, 2007). She is a professor at St. Bonaventure University, St. Bonaventure, NY, and has published more than 40 articles on the impact of online abuse. Her work has been featured in media outlets such as The New York Times, The London Times, USA Today, Newsweek, Time, CBS News, Fox News, Good Morning America, and ABC’s World News Tonight. In 2001 and 2004, she received the Psychology in the Media Award from the Pennsylvania Psychological Association, and in 2000 she received the Alumni Ambassador of the Year Award for Outstanding Achievement from Indiana University at Pennsylvania. She has served as an expert witness regarding her pioneer research, including the Child Online Protection Act Congressional Commission. She has been an invited lecturer at dozens of universities and conferences, including the European Union of Health and Medicine in Norway and the First International Congress on Internet Addiction in Zurich. Dr. Young serves on the editorial board of CyberPsychology & Behavior and the International Journal of Cyber Criminology and is a member of the American Psychological Association, the Pennsylvania Psychological Association, and a founding member of the International Society of Mental Health Online. She received her PsyD from Indiana University of Pennsylvania in 1994.



Introduction Expanding Cyber Criminology With an Avant-Garde Anthology K. JAISHANKAR Since 2000, cyberspace has changed the ideological perspectives of crimi- nologists (McKenzie, 1996). The paradigm shift created by the development of the Internet and its sophisticated forms of communication and its ugly offshoot, cyber crime, have broken the traditional barriers of research done by conventional criminologists (Thomas & Loader, 2000; Littlewood, 2003; Yar, 2005). New and old criminologists have quickly understood the gap in research that has occurred in the areas of cyber crime research (Nhan & Bachmann, 2010). Even though phase of research is slow in this area, it is gaining momentum (Jewkes, 2006; Mann & Sutton, 1998). There are now also a handful of edited collections and authored books on cyber crimes writ- ten by criminologists purely from criminological perspectives (Jewkes, 2006; McQuade, 2005; Schmalleger & Pittaro, 2008; Smith, Grabosky, & Urbas, 2004; Wall, 2001, 2003, 2007, 2009; Yar, 2006; Yar & Jewkes, 2010). These new developments in the field of cyber crime also opened vistas for a new disci- pline called cyber criminology. In 2007, with the launch of the International Journal of Cyber Criminology (http://www.cybercrimejournal.com), an online open access journal, cyber criminology got its academic recognition. Cyber criminology is a multi- disciplinary field that encompasses researchers from various fields such as criminology, victimology, sociology, Internet science, and computer science. I define cyber criminology as “the study of causation of crimes that occur in the cyberspace and its impact in the physical space” (Jaishankar, 2007, para 1). I academically coined the term cyber criminology for two reasons. First, the body of knowledge that deals with cyber crimes should not be con- fused with investigation and be merged with cyber forensics; second, there should be an independent discipline to study and explore cyber crimes from a social science perspective. I developed a theory to further the discipline of cyber criminology. The theory is called space transition theory, and it explains the causation of crimes in cyberspace. I felt the need for a separate theory of cyber crimes because the general theoretical explanations were found to be inadequate xxvii

xxviii Introduction as an overall explanation for the phenomenon of cyber crimes (Jaishankar, 2008). I have published this theory as a chapter in a book titled Crimes of the Internet (edited by Frank Schmalleger and Michael Pittaro and published by Prentice Hall, 2008). Space transition theory is an explanation about the nature of the behavior of the persons who bring out their conforming and nonconforming behavior in physical space and cyberspace (Jaishankar, 2008). “Space transition involves the movement of persons from one space to another (e.g., from physical space to cyberspace and vice versa). Space transition theory argues that people behave differently when they move from one space to another” (Jaishankar, 2008, p. 292). The postulates of the theory are as follows: 1. Persons with repressed criminal behavior (in physical space) have a propensity to commit crimes in cyberspace that they otherwise would not commit due to their status and position. 2. Identity flexibility, dissociative anonymity, and lack of deterrence factors in cyberspace provide the offenders with the means to com- mit cyber crime. 3. Criminal behavior of offenders in cyberspace is likely to be imported to physical space, and criminal behavior in physical space may be exported to cyberspace as well. 4. Intermittent ventures of offenders to cyberspace and the dynamic spatiotemporal nature of cyberspace give offenders an escape. 5. (a) Strangers are likely to unite together in cyberspace to commit crimes in physical space. (b) Associates in physical space are likely to unite to commit crimes in cyberspace. 6. Persons from closed societies are more likely to commit crimes in cyberspace than persons from open societies. 7. The conflict between the norms and values of physical space and the norms and values of cyberspace may lead to cyber crimes (Jaishankar, 2008, pp. 292–293). Because criminology has started viewing the emergence of cyberspace as a new locus of criminal activity, a new theory is needed to explain why cyber crime occurs. The space transition theory presented above provides an expla- nation for criminal behavior in cyberspace. There is a need to test the theory to see if it explains cyber criminal activity (Jaishankar, 2008). Apart from the theory, this book is also an effort to take cyber criminology to the next level. This book is an edited collection of chapters that focus on issues of cyber criminology. This book is divided in to five sections: Section I. Deviance and Criminal Subculture in Cyberspace; Section II. Perpetrators’ Perspectives and Offender Use of the Internet; Section III. Digital Piracy; Section IV. Cyber Victimization; and Section V. Legal and Policy Issues of Cyber Crimes. The

Introduction xxix chapters that make up these sections deal with both empirical and theoreti- cal perspectives. Chapter 1 concentrates on the growing menace of cyber crime in Nigeria. The author aims to understand the emergence of the infamous yahooboys’ (cyber crime) subculture among youths. In this study, both the multilinear evolutionary theory and Robert Merton’s view are utilized to help analyze the yahooboys’ subculture. The study was conducted in Lagos, the commer- cial capital of Nigeria, and the research method used involved both survey research and participant observation. The findings confirmed the author’s hypothesis. According to the author, inactivity on the part of the politi- cal leadership, which has failed in giving needed direction and opportu- nities to the youths in Nigeria, has been the major factor facilitating the unwholesome utilization of the Internet platform in defrauding unsuspect- ing individuals across the globe. Moreover, poverty, unemployment, and deteriorating social standards of life have also resulted in the enhancement of the yahooboys’ subculture. The status of Internet gambling on the world scene has been notably addressed in the David and Goliath dispute between the United States and the small Caribbean islands of Antigua and Barbuda, which constitute a sin- gle nation. Chapter 2 discusses the dispute represented by the first attempt of the World Trade Organization (WTO) to examine cross-border electronic services, with the added ingredient that the behavior itself under review has at certain times and in certain places been regarded as criminal. This chapter attempts to trace the development of the WTO case, offering a view of what is regarded as the most sensible and probably the inevitable path that the trajec- tory of Internet gambling should and will take. Hacking has been an old problem but has not been studied in depth. It is a global problem and is growing at a fast pace. Hacking has been difficult to interpret due to the lack of a solid definition and vague boundaries between computer experts and hackers, as well as those characteristics that differ- entiate various types of hackers. The author of Chapter 3 has interviewed 54 hackers based on the narrative interview technique to understand their lives, behavior, and beliefs, as well as their perceptions of how society treats them. The study is based on the grounded theory, a data-driven method that produces theoretical propositions and concepts and systematically processes them. The chapter attempts to explain the different types of offenses that a hacker can commit. The author has categorized the hackers as good or bad based on the basis of the hacker’s perceptions of themselves. The author of Chapter 4 on sexual addiction on the Internet argues that Internet anonymity promotes pedophilia within the otherwise normal populace. The study aims to correlate the association of sexually compul- sive or addictive behavior with social isolation. Clinical research suggests that deviant sexual fantasies carried out online do not always originate

xxx Introduction from individuals with a preexisting disposition for deviancy, but cases document how once prosocial citizens will engage in this same behavior. Based upon a study of 22 forensic interviews, the chapter outlines a frame- work for understanding the psychology of the sex offender from a clinical perspective. The chapter outlines five stages from inception to incarcera- tion that the virtual sex offender follows. The research attempts to pro- vide insight in relation to it for use by treating professionals, academia, and the general public. New and continued research in the area of online sex offenders will also assist the courts in achieving learned, accurate, and just evaluation of such matters as they become presented with increasing frequency. Chapter 5 is an attempt to understand the psychology of the child por- nography (CP) consumer. It tries to distinguish between an Internet CP con- sumer and a non-Internet CP consumer using Bandura’s theory of reciprocal determinism. The sample was drawn from a population of Internet users via an anonymous survey through an examination of demographic, personality, and behavioral characteristics for ascertaining the existence of any discrim- inating traits or factors between the users and nonusers of Internet child pornography. Subjects were voluntarily recruited via the Internet by publi- cizing or advertising the survey using various online resources, such as chat rooms, bulletin boards, and e-mail discussion forums. The analysis has pro- vided valuable information regarding the types of individuals who utilized Internet child pornography, where there was previously a significant gap in the literature. Statistical analyses revealed a relationship between higher scores on exploitive-manipulative amoral dishonesty traits, lower scores on internal moral choice, and the viewing of child pornography. Furthermore, the study suggests women are engaging in Internet CP consumption more often than previously suggested. The author concludes that the consumption of child pornography over the Internet is likely to increase unless research- ers decide to make this area of study a priority. In Chapter 6 the authors discuss the online exploitation of children by using a novel methodology—a sting operation. This chapter provides an ini- tial exploration of the role Web 2.0 network technology may play in pro- viding access to underage victims who may be vulnerable to online sexual predators. They conclude that it is essential to empower children to police the Internet and to recognize their rapid absorption of the changes released by Web 2.0 and the relentless privatization and commercialization that is now increasingly apparent. Chapter 7 on adult-child sex advocacy websites is one of the chapters in this book that received a high rating by the reviewers of this book. In the form of a content analysis, the study tried to find out how far the sites that encourage sexual relationships between adults and children are crimi- nogenic in nature. The study also utilized various criminological theories

Introduction xxxi such as differential association theory, social learning theory, and neutraliza- tion theory. The authors found that these sites are pedophilic in nature and should be banned. The authors also believe that courts should prohibit child offenders from visiting these sites. Chapter 8 is a systematic examination of terrorist use of the Internet. The anonymous design of the Internet has made it a haven for terrorists to carry out their activities in an organized manner. This chapter seeks to pres- ent an appraisal of the existing literature on cyber terrorism vis-à-vis the social learning theory. Social learning theory asserts that individuals learn deviant behavior from significant groups. This learning specifically operates through the four main concepts of differential association, definitions, dif- ferential reinforcement, and imitation. This chapter examines the manner in which mechanisms of social learning theory is used by terrorist groups on the Internet. These methods are then examined to determine how they might be used for better purposes by antiterrorism groups. Chapter 9 examines the links between low self-control, rational choice, value, and digital piracy. Several researchers have shown that attitudes, low self-control, social learning theory, and deterrence theory explain digital piracy. No study has examined whether the rational choice theory mediated the link between low self-control and digital piracy. In addi- tion, no research in digital piracy or criminological literature has con- sidered the role of value in such an examination. This study, built on the mediating model presented by Piquero and Tibbetts (1996), reasons how the rational choice theory establishes the link between low self-control and digital piracy. It is a significant addition to the cyber criminological literature. Chapter 10 discusses the Recording Industry Association of America, which filed a lawsuit to prevent the illegal sharing of music files. Despite these legal efforts, results show that most music downloaders show little awareness of wrongdoing, and in turn the popularity of pay-to-play networks has been steadily increasing. The implications for the music and video industry as well as future research are discussed. Future studies should examine the effective- ness of efforts employed by the Motion Picture Association of America and the role that increasingly popular legal download alternatives have for the pirating of copyright-protected material. Chapter 11 addresses the issue of Internet piracy among college stu- dents. This study investigates the empirical validity of differential association and deterrence as applied to multiple forms of digital piracy. Data used in this research were collected through student surveys from two mid-Atlantic higher-education institutions, one of which is a small, private, liberal arts college, whereas the other is a moderately sized public university. This chap- ter concentrates on the fact that social interaction theories can help in radi- cally bringing down the levels of piracy. The author concludes that college

xxxii Introduction students with peers engaging in piracy and parents supportive of piracy are more likely to engage in piracy themselves. The authors of Chapter 12 discuss the issue of digital piracy. Digital piracy has two sides. First, it is governed by laws of developed nations to encourage prevention; second, less developed nations do not see this as a big issue, and laws to prevent digital piracy do not exist in an ideal manner. There are reasons for this. Less developed nations cannot afford to buy soft- ware or music that are expensive, and they feel that capitalistic nations alone should not own this software. Many sites on the Internet are found, and they give free access (hacked!) to copyrighted version of software or music. There are no laws to govern this. The study presented in Chapter 12 was conducted in a developed nation such as the United States. However, there is a need to analyze this issue in less developed nations. More than likely the results will be quite different. Chapter 13 tries to analyze digital piracy with neutralization theory. There are some earlier studies of this nature by Higgins et al., and the study presented in Chapter 13 adds to that literature. The authors found that some neutralization techniques had been adopted by their respondent during the usage of pirated software or music. As pointed out earlier, digital piracy is still an issue of debate, and not many may accept it as a crime. Chapter 14 emphasizes the causes of computer-crime victimization by examining an individual’s lifestyle patterns. The central argument revolves around creating a distinction between an individual’s actual personality vis- à-vis a virtual presence. It presents an overview of lifestyle-exposure theory and routine activities theory, how routine activities theory is merely an expan- sion of lifestyle-exposure theory, and an overview of computer crime and vic- timization. The author has substantiated his point by conducting empirical research on college students and analyzing their behavior patterns, specifi- cally by looking at where they are on the Internet, what their behaviors are on the Internet, and what they are doing to protect themselves while they are on the Internet. The purpose is to create a link between the elements of an online lifestyle and the level of computer-security protection, with the resultant lev- els of computer-crime victimization experienced by the students. Today, the benefits of the Internet are being reaped in both a positive and negative manner. The global community has become a tight-knit space for communications through the Internet. However, the Internet has also provided an easy platform for online victimization. Chapter 15 aims to create awareness on adolescent victimization online by conducting a full-fledged study on college freshmen and their experiences with online victimization. The three constructs of the routine activities theory have been utilized to create the methodology and study the data. The population for the research included all freshmen enrolled in 100-level course at a midsized univer- sity in the Northeast during the spring 2008 academic term. Surveys were

Introduction xxxiii administered to enrolled freshmen in the spring of 2008, with a focus on their frequency and types of Internet use and experiences with different types of Internet victimization. The findings of this study indicated that respondents who spent an increased amount of time using the Internet were more likely to be victimized. The purpose of this study is to bring about awareness on the dangers present online. Adolescents need to be educated about these dangers rather than being prevented from using them. The knowledge gained from this study should be utilized to create effective policies and programs that educate youth and families on how to protect themselves while online. Chapter 16 is an introduction to online harassment and intimidation, which is termed cyber stalking. In this chapter, the author discusses how the Internet has facilitated criminal activities. He states that cyber stalking is an extension of traditional stalking but is not as predictable as traditional stalking. The author gives some cases of cyber stalking and how things have become very easy for the criminal looking to harass a victim. The crime of cyber stalking is linked with mental abnormality and gives a clear picture as to why such incidents happen. The author states ways to avoid being a victim in such cases (which are suggested by the law enforcement officials) and concludes by saying that although the problem is in its infancy, it is growing rapidly. Web 2.01 has redefined the virtual life of ordinary individuals and has given ample opportunities to Internet users, including women, to exchange ideas, interact with like-minded people, and participate in the development of virtual societies per one’s own choices. Social networking websites (SNWs), a segment of Web 2.0, are very popular among Internet users. However, there is a dark side to these SNWs too. They have become havens for offenders looking to victimize women, the most vulnerable targets on the Internet after children. The authors of Chapter 17 examine the victimization of women in social networking websites, analyze the trends of such victimization from a sociological, legal, and victimological angle, and ascertain the reasons for the growth of such victimization. The authors of Chapter 18 on malware victimization have tried to ana- lyze it with Cohen and Felson’s (1979) routine activities theory (RAT). RAT is often considered a victimological theory, and many have used this theory in victimological studies. Although the authors’ application of RAT is not novel in cyber crime studies, it does bring in a new empirical approach to this theory. The authors with the college student samples have tried to bring in both victimization and perpetration patterns. Cyber crime studies from victimological perspectives are now developing, and Chapter 18 has signifi- cantly added to this growing literature. Chapter 19 explores the Islamic world in cyberspace and how the pro- pagation of Islamic ideology via the Internet has become a popular medium. In the Islamic world, the issue of hacktivism has hardly ever bothered

xxxiv Introduction religious consciences. Indeed, religious leaders refrained from condemning hacktivism and even made it appear as if it were perpetrated to defend Islam. Therefore, Islamic extremism, fanaticism, and violence have sprung up on the Internet. To tackle this problem, the author takes a look at the Shariah legal system, which is the ultimate criminal justice system in the Muslim world. In an attempt to understand this system, contemporary Muslim thought (both traditionalist and reformist) and its role in shaping a modern criminal law is studied in depth. The constructs of the Shariah legal system are studied in the chapter in reference to the above views to understand the inflexibility of the law and its inability to respond to the problem of cyber crime. This chapter urges Muslim scholars to bring about amendments in the traditional legal system to accommodate the seriousness of cyber crime and make it punishable by law. Cyber bullying is a psychologically devastating form of social cruelty among adolescents. Chapter 20 reviews the current policy vacuum of the legal obligations and expectations of schools to monitor and supervise online dis- course, while balancing student safety, education, and interaction in virtual space, which also encompasses a discussion of the institutional responses to cyber bullying. An emerging and established law is highlighted to provide guidelines to help schools reduce cyber bullying through educational means that protect students and avoid litigation. The final chapter, Chapter 21, looks at how advances in information and communications technologies have created a range of new crime problems while conversely facilitating prevention, detection, investigation, prosecu- tion, and punishment of crime. This chapter identifies the principal areas of human rights concerns that the digital age has created. The chapter concludes with the ways by which the infringement of human rights in the digital age could be prevented. They suggest that rigorous evaluative research needs to be conducted once new technologies have been introduced to monitor their potential for denigration of human rights and infringements of international and national laws. The book closes with a conclusion that discusses the future of cyber criminology. References Jaishankar, K. (2007). Cyber criminology: Evolving a novel discipline with a new journal. International Journal of Cyber Criminology, 1(1), 1−6. Jaishankar, K. (2008). Space transition theory of cyber crimes. In F. Schmalleger & M. Pittaro (Eds.), Crimes of the Internet (pp. 283−301). Upper Saddle River, NJ: Prentice Hall. Jewkes, Y. (2006). Comment on the book Cyber Crime and Society by Majid Yar, Sage Publications. Retrieved from http://www.sagepub.co.uk/booksProdDesc. nav?prodId=Book227351

Introduction xxxv Jewkes, Y. (2007). Crime online. Cullompton, United Kingdom: Willan. Jewkes, Y., & Yar, M. (2009). Handbook of Internet crime. Cullompton, United Kingdom: Willan Littlewood, A. (2003). Cyberporn and moral panic: An evaluation of press reac- tions to pornography on the internet. Library and Information Research, 27(86), 8–18. Mann, D., & Sutton, M. (1999). NetCrime. More change in the organisation of thiev- ing. British Journal of Criminology, 38(2), 201–229. McKenzie, S. (2000). Child safety on the Internet: An analysis of Victorian schools and households using the routine activity approach (Master’s thesis). Retrieved from http://www.criminology.unimelb.edu.au/research/internet/childsafety/index. html McQuade, S. C. (2005). Understanding and managing cyber crime. Upper Saddle River, NJ: Allyn & Bacon. Nhan, J., & Bachmann, M. (2010). Developments in cyber criminology. In M. Maguire & D. Okada (Eds.), Critical issues in crime and justice: Thought, policy, and practice (pp. 164–183). Thousand Oaks, CA: Sage Publications. Schmalleger, F., & Pittaro, M. (Eds.). (2008). Crimes of the Internet. Upper Saddle River, NJ: Prentice Hall. Smith, R., Grabosky, P., & Urbas, G. (2004). Cyber criminals on trial. Cambridge, United Kingdom: Cambridge University Press. Thomas, D., & Loader, B. (2000) Introduction—cyber crime: Law enforcement, security and surveillance in the information age. In D. Thomas & B. Loader (Eds.), Cyber crime: Law enforcement, security and surveillance in the informa- tion age. London, United Kingdom: Routledge. Wall, D. S. (2007). Cybercrime: The transformation of crime in the information age. Cambridge, United Kingdom: Polity. Wall, D. S. (Ed.). (2001). Crime and the Internet. London, United Kingdom: Routledge. Wall, D. S. (Ed.). (2003). Cyberspace crime. Aldershot, United Kingdom: Dartmouth/ Ashgate (Dartmouth International Library of Criminology and Penology). Wall, D. S. (Ed.). (2009). Crime and deviance in cyberspace. Aldershot, United Kingdom: Dartmouth/Ashgate (Dartmouth International Library of Criminology and Penology). Yar, M. (2005). The novelty of ‘cyber crime’: An assessment in light of routine activity theory. European Journal of Criminology, 2(4), 407–427. Yar, M. (2006). Cybercrime and society. London, United Kingdom: Sage Publications.



Deviance I and Criminal Subculture in Cyberspace



Café Culture and 1 Heresy of Yahooboyism1 in Nigeria ADEBUSUYI I. ADENIRAN Contents 3 4 Introduction 6 What Is a Café Culture? 7 The EFCC and the Struggle Against Yahooboyism in Nigeria 8 The Study’s Conceptual Framework 8 Implications of the Conceptual Framework 9 The Study Location 9 Method 10 Explanation of the Research Data 11 Discussion 11 Specific Findings of the Study 12 Recommendations and Conclusion References Introduction The advent of Internet technology has significantly improved the state of human existence. In fields as far-reaching as educational research, public administration, commercial and business transactions, industrial produc- tion and biotechnological development, and global networking, the Internet offers limitless opportunities. Indeed, affirming that global society can no longer function adequately in the absence of the Internet is an affirmation of the obvious. In spite of all of its benefits, however, the Internet is also used in a destructive, antisocial manner by individuals often referred to by such names as hackers, cyber fraudsters, web criminals, and so forth. In Nigeria—a notable haven for such criminal disposition—they are known as yahooboys. 1 Yahooboyism is a coinage by the author to represent the activity of online youth fraud- sters in Nigeria. 3

4 Cyber Criminology The Internet has altered the patterns of cultural cleavages, the process of socialization, and identifiable social institutions across varying human soci- eties. However, unlike traditional criminal groups, both males and females are involved in what has been termed yahooboyism in Nigeria, albeit with differing degrees of specialized functions. The culture of fraud and cor- ruption prevalent within larger Nigerian society is believed to have facili- tated the institutionalization of yahooboyism as a subset. But such a level of “modernization of criminality” among Nigerian youths has been enabled solely by the Internet—an intrinsically insecure space in which “nobody knows you are a dog” (Steiner, 1993). The yahooboys use the Internet as a plat- form for engaging in online fraud. Examples of the yahooboys’ objectionable engagements include selling fictitious goods/services and buying what they will not pay for (or paying in no real value); money laundering; hacking; and engaging in credit card scams, pornography, and unconventional sexuality. Ironically, the yahooboys’ criminal applications of the Internet in Nigeria can be directly linked to the failure of a political leadership (Adeniran, 2006). Out-of-school students (who are not in school because of distortions in the school calendar) and unemployed youths constitute a considerable percent- age of the yahooboys in Nigeria. Indeed, they ignorantly but proudly claim that their involvement in cybercrime is a way of getting back at such an unjust social system in a “nonviolent” way. Therefore, I center the focus of this study on investigating the roles of the failing national leadership and the insecure Internet platform in the emergence of the yahooboys phenomenon in Nigeria. What Is a Café Culture? It has been observed that a café culture is prevalent among contemporary Nigerian youths, especially those living in the cities or in semiurban settle- ments that offer easy access to modern technologies such as the Internet. Café culture is indicative of an emergent way of life in which involved youths conceive of the Internet as their “everything,” from a school (where they can practice and polish their acts of deceit) to a money-making venture (where they can fraudulently eke out a living, thereby escaping the poverty dol- drums prevalent in the country and, ultimately, government and society). In their café culture, these individuals live practically a virtual life and are more familiar with the developments via the Internet than those unfolding within their immediate “real” society. Despite being one of the most endowed countries (in terms of human and natural resources) on earth, Nigeria remains one of the poorest nations in the world, where the state of the human condition has continued to dete- riorate over the years (United Nations Development Programme, 2009). Unemployment, lack of social support, and the deteriorating condition of

Café Culture and Heresy of Yahooboyism in Nigeria 5 the country overall has made the country’s youths a ready tool for the con- duct of cogent nefarious activities such as those easily attainable through the Internet. Meanwhile, technological advances such as the Internet have brought astonishing alterations to Nigeria’s institutional and cultural cleavages. Nigerian youths have accepted the Internet as a way of life with unusual speed. Specifically, the Internet has not just imprinted a potent amendment on the Nigerian culture, but it has irredeemably affected the behavioral patterns of Nigerian youths. Ostensibly, yahooboyism has emerged as a result. The phenomenon of yahooboyism could be said to represent a state of “cultural lag” within Nigerian society—that is, inferring from the concep- tualized two aspects of a culture: the technological (i.e., the material aspects such as the Internet) and the sociological (i.e., usually theoretical or ideologi- cal aspects such as norms and beliefs). The period of maladjustment when the nonmaterial culture is still struggling to adapt to new material conditions is deemed a cultural lag (Ogborn, 1922). With regard to Nigeria, the cultural lag created by the introduction of the Internet to Nigerian society has provided a platform for the emergence of the infamous café culture, which is set to unproductively alter the developmental process of the country’s youths. Within the larger social superstructure in Nigeria—especially among the political class—wealth, often ill gotten, is worshipped. In assuming political positions, leaders overemphasize the place of money. Upon assumption of office, individuals flagrantly embezzle public money. As such, the provision of services to the citizenry, such as the training of youths, is neglected. On the other hand, among most Nigerians, money from any source typically is the most potent yardstick for determining the level of existential attainment. Money—rather than a good education, scientific discovery, or solid career development—is the yardstick against which people are measured. Hence, society is exposed to youths who have been disillusioned and have not been taught the good virtue of genuine hard work. Such youth have had no trouble immersing themselves in the Internet phenomenon of yahooboyism. If, as outcomes of cogent observations suggest, the Internet continues to spread and becomes essentially ubiquitous in socioeconomic relations, then Nigerian society will indisputably become increasingly dependent on a fragile and insecure information structure. As such, our youths’ future is in avoidable jeopardy: The cultural patterns of yahooboyism are bound to be transmitted across generations if nothing concrete is done to regulate its spread and usage in Nigerian society. Of course, the Nigerian nation has been described as a largely unor- dered society in which rules are sacrificed and shame no longer exists for despiteful acts. Conspicuously, shameful acts are celebrated and success is redefined as wealth becomes more significant than the means of attain- ing it. Instant wealth, regardless of its source, is usually celebrated among

6 Cyber Criminology the Nigerian populace. In fact, it is usually equated with smartness and is rarely rebuked. In Nigeria, corrupt practices are characteristic not only of the political leadership but also of other types and levels of leadership. As such, values of integrity and honesty are despised, as there is total disregard for rules and regulations across all strata of society. For instance, at both the household and community levels, respective agents of socialization often tend to inculcate in the children and young adults the value of hard work and integrity, but most often, it is at odds with what they observe the elders themselves doing. The EFCC and the Struggle Against Yahooboyism in Nigeria The Economic and Financial Crimes Commission (EFCC) is an agency cre- ated by the Nigerian government in 2002 to champion the fight against anti- development behavior such as that being perpetrated through yahooboyism. Unfortunately, the same system that created this antigraft body has become its own greatest undoing. The EFCC began on a promising note, with the onerous assignment of ridding the country of fraudulent financial activities such as cyberfraud. This was even reflective in the vibrancy and seriousness with which the chairman of the agency at the time, Nuhu Ribadu, pursued the EFCC’s objectives. With the approach of the 2007 general elections in Nigeria, Ribadu compromised and made himself a ready tool in the hands of then-President Segun Obasanjo. Identifiable and imagined political enemies, such as Vice President Atiku Abubakar, were witch hunted through the platform of the EFCC. Thus, the vision, dignity, and goals of the EFCC became soiled in the muddy water of Nigerian politicking. Most of the cases instituted against the EFCC were convincingly won. The former head of the EFCC is now a wanted person in Nigeria, consequent upon his unceremonious removal from that position. Although the new EFCC leadership has been trying to stem the tide of yahooboys syndrome in Nigeria, they are spending a considerable amount of time on image repositioning (the entity’s image had been seriously bat- tered by years of institutional misplacement of priorities). The unfortu- nate implication of this is that the prevalent café culture has been allowed to continue, facilitating the potentiality of yahooboyism syndrome among Nigerian youths. Another major constraint in the struggle against yahooboyism in Nigeria is the lack of official control over the operations of cyber cafés in terms of monitoring and the EFCC’s lack of necessary operational equipment. Even the laws guiding the EFCC’s operations are needlessly protective of the political elite and, as such, are defective in realizing the entity’s conceptual

Café Culture and Heresy of Yahooboyism in Nigeria 7 objectives. Essentially, however, the fight against the menace of yahooboyism in Nigeria seems far from being won yet. The Study’s Conceptual Framework Robert Merton (1936) emphasized the “causal-cum-intentional termi- nology of intended and unintended consequences” (p. 894) view (hereaf- ter referred to as, simply, the Mertonian view) that is popularly associated with social sciences analysis. He identifies useful mechanisms through which the actual effects of intentions/inventions could deviate from the intended ones. Although this theory offers limited explanation vis-à-vis the possibility of how others will act in a specific situation, it is generally unambiguous in context. If this view is used to analyze the diversion cre- ated by yahooboyism in Nigeria (in terms of deviating from the original purposes and uses for the Internet platform), the claim of both intended and unintended actions is particularly relevant. Therefore, in this study, this Mertonian view will help analyze why a certain segment of Nigerians have deviated from the intended (manifest) functions of the Internet, instead using it in unintended (latent) ways (such as its integral role in yahooboyism in Nigeria). Essentially, an understanding of the relationship between acquired Internet behavior and increasing incidence of yahooboyism in Nigeria will require potently situating the related details of this development within a concise definitional framework that sufficiently links the vagaries of both concepts together. Relationship 1 reveals a conceptual framework that is useful in understanding such linkage. The conceptual framework has one superdeterminant component (i.e., Internet technology [café culture]) and three distinct factors (i.e., political, economic, and social) contributing to the growth of yahooboyism in Nigeria. Relationship 1: Conceptualization of the existing association The café culture (superdeterminant) – political factors The café culture (superdeterminant) – economic factors The café culture (superdeterminant) – social factors The solitary superdeterminant component is defined by vagaries of the Internet platform—that is, an array of applications that it has provided for use. These applications include webonomics (Internet trading), uncontrolled access, pornography, and gender switching. The distinct factors are defined by broader political, economic, and social contexts (e.g., visionless leader- ship, corrupt elite, unemployment, dysfunctional development policy, defec- tive educational system), within which the youths (yahooboys) pursue their

8 Cyber Criminology interests and their ability to take purposeful action. Although the superde- terminant component serves as the means, the distinct factors functionally affect one another—and together, they have implications for the menace of yahooboyism in Nigeria. Implications of the Conceptual Framework Sustained interaction between vagaries of Internet technology (i.e., the super determinant component and relevant distinct factors—political, eco- nomic, and social) will often lead to the growth of yahooboyism in Nigeria. The distinct factors do not just rest on the superdeterminant: Rather, both elements affect each other equally. That is, the prevalence of one necessarily facilitates the prevalence of the other. If the politics, economy, or social sys- tem continues to be distorted, the tendency is high for youths to continue engaging in the café culture. Equally, involvement in the café culture—as exemplified by nefarious Internet applications—is seen as a way of making a living. The Study Location The Lagos metropolis is made up of two parts: the Island and the Mainland (further subdivided into 20 local government areas [LGAs]). Lagos, Nigeria’s commercial capital and former seat of the federal government, was chosen as the study location because it serves as home to a large majority of Nigerians. The Lagos metropolis has nearly 20 million inhabitants and is the most pop- ulous urban center in Nigeria. It is estimated that rural-to-urban migration makes up 78% of the metropolitan population growth (Africa Atlases, 2002). As such, 12 urban blights in which housing conditions—including refuse disposal, health facilities, and access to public utilities—are very low have been identified in the metropolis. Transportation disorganization is usually a common feature because of the absence of an integrated metropolitan trans- port system. The Lagos metropolis has the single largest concentration of Nigeria’s commerce. The Lagos seaports handle more than 80% of Nigeria’s maritime trade, and the Lagos airport is the busiest in the country. Lagos has two pub- lic universities and many notable five-star hotels. With an annual popula- tion expansion of 5%, it is projected to become a megacity with an estimated 35 million inhabitants by 2020 (UN-HABITAT, 2006). Because of its cosmo- politan status, the city has the highest concentration of yahooboys in Nigeria. As such, the Lagos metropolis was deemed suitable for generating useful data for the study.

Café Culture and Heresy of Yahooboyism in Nigeria 9 Method The research design combined two research methods: (a) survey research and (b) participant observation. For the purposes of this household survey, a sample size of 400 youths (ages 15–35 years) was considered appropriate, considering timeframe and financial constraints. I conducted the survey based on the existing National Population Commission (NPC) enumera- tion areas (EAs) within the Lagos metropolis. In this study, a household is defined as a dwelling unit in which one or more persons live and share living expenses. The respondents were systematically drawn from four randomly selected LGAs (i.e., Ikeja, Amuwo-Odifin, Island, and Ibeju-Lekki) of the 20 LGAs in Lagos. This assisted me in obtaining needed information on online activities of youths with varying degrees of access to the Internet (i.e., from occasional Internet users to frequent Internet users). The sample was drawn bearing in mind the variables of gender, age, education, residence, and occupation within the study population. The stratified random sampling technique that combined both randomization and stratification was used to make the sam- ple sufficiently representative of the study population. The applied research instrument was the structured interview schedule. The second method incorporated into the design was the observation of information accessible to youths on the Internet. Thus, I explored the pos- sible outcomes of contacts that are made online by youths in Nigeria. This research strategy complemented as well as assisted in cross-checking inter- viewed users of the Internet. Explanation of the Research Data Four hypotheses were tested in the study, and their outcomes are presented in the paragraphs that follow. Hypothesis 1: The Nigerian political system facilitates the prevalence of yahooboys syndrome in the country. A total of 381 responses were cross- tabulated. Although the χ2-calculated equals 23.5, at a .05 level of significance, χ2-tabulated equals 3.84. Because χ2-calculated is greater than χ2-tabulated— that is, 23.5 > 3.84—Hypothesis I is deemed valid and accepted. A corrupt and visionless political leadership was used as a measure of persistence of café culture among the youths—that is, yahooboyism being a subset of corruption in an elite group of the society. The finding equally revalidated aspects of the notion of Mertonian perspective on the “unintended conse- quences of purposive social action” (p. 894). Hypothesis 2: Poor economic condition in Nigeria enhances youths’ involve- ment in a café culture. Here, 346 responses were cross-tabulated. χ2-calculated

10 Cyber Criminology equals 7.84, whereas χ2-tabulated equals 3.84, at a .05 level of significance. Therefore, Hypothesis 2 is validly accepted, considering χ2-calculated is greater than χ2-tabulated. This discovery indicates that unfavorable eco- nomic conditions indeed have a negative impact on youths’ development. In fact, it encouraged the youths to attempt illicit activities such as yahooboy- ism for socioeconomic survival. This scenario further supported the asser- tion of the theoretical platform—that is, the use of the Internet as a medium for unwholesome “unintended” economic gains. Hypothesis 3: Decayed value system causes evolution of yahooboys syn- drome in Nigeria. A total of 317 respondents were cross-tabulated. At a .05 level of significance, χ2-tabulated equals 3.84 and χ2-calculated equals 40.0. Because χ2-calculated is greater than χ2-tabulated, Hypothesis 3 is deemed relevant and, thus, is validly accepted. Ostensibly, the prevalent value system in Nigeria places a heavy emphasis on the accumulation of riches, regard- less of their source. This ultimately encourages sustenance of yahooboys syn- drome in the country. Hypothesis 4: The EFCC has been effective in eradicating yahooboyism in Nigeria. To test this hypothesis, 312 respondents were cross-tabulated. Although χ2-tabulated equals 3.84, at a .05 level of significance, χ2-calculated equals 40.0. Therefore, Hypothesis 4 was validly accepted, considering χ2-calculated is greater than χ2-tabulated. That is, there was an existing rela- tionship between the activities of the EFCC and the uncovering of yahooboys’ nefarious activities in Nigeria. A considerable percentage of total respondents (i.e., 22%) deliberately skipped responses to the EFCC’s inquiry because, ostensibly, they feared possible involvement of the “dreaded agency” in this study or because they were disgruntled with the organization as a result of its recent involvement in Nigerian political maneuverings. However, the major- ity of those who responded (i.e., 57%) affirmed that the agency saddled with the task of eradicating yahooboyism from the country has been functional despite obvious deviation from its primary objectives. Discussion From this study, it can be deduced that the menace of yahooboyism in Nigeria has been prominent among the youths, especially those residing in the urban centers such as Lagos. Considering the results of the study’s hypotheses, inactivity on the part of the political leadership—which has failed in giving needed direction and opportunities to the youths in Nigeria—has been the major factor facilitating the unwholesome use of the Internet (café culture) in defrauding unsuspecting individuals around the world. Equally, the extent of anonymity provided by the Internet has been serving as a potent impetus for enhanced nefarious application by Nigerian youths.

Café Culture and Heresy of Yahooboyism in Nigeria 11 Specific Findings of the Study The following findings were revealed from this study: • The advent of Internet technology in Nigeria has facilitated the mod- ernization of fraudulent practices among the youths and subsequent evolution of the café culture. • Online fraud has been observed as a popularly accepted means of economic sustenance among Nigerian youths, especially those of college age. • The corruption of the political leadership has successfully enhanced the growth of yahooboys phenomenon among youths. • The value that society has placed on wealth accumulation has been a potent determinant of youths’ involvement in online fraudulent practices in Nigeria. • Unemployment was also seen as a crucial factor luring youths to yahooboyism in Nigeria. • And, more important, many Nigerian youths are aware of the existence of the EFCC and, indeed, applaud some of its activities. However, recent use of the EFCC as a political tool by the political class has substantially damaged the agency’s image and, by exten- sion, its effectiveness. Recommendations and Conclusion On the basis of the study’s findings—which emanated from the study’s reviewed text, utilized established theoretical framework, and the out- comes of the data analyses—the following suggestions should be consid- ered for policy planners, in particular, and the entire society, in general, to tackle the menace of yahooboyism that is now common among youths in Nigeria. • The Nigerian government should improve and strengthen official regulations regarding the use and applications of Internet technology to limit the propensity of unwholesome use by the country’s youth. • The Nigerian government should establish intervening socioeco- nomic measures, such as social benefits for the youths (especially the unemployed). • Adequate checks should be engendered to make official corruption unattractive and, ultimately, eliminated from Nigerian society. • Meaningful societal value reorientation should take place, whereby virtues of honesty, selflessness, and hard work—attributes formerly

12 Cyber Criminology associated with Nigerian traditional society—should be made relevant in contemporary Nigeria. • Proactive economic policies that could engender employment oppor- tunities for the youths should be encouraged. • Agencies such as the EFCC that were established to eradicate the menace of fraudulent practices should be made truly independent of various political maneuverings in the country in order to enhance their effectiveness. This chapter draws a definitive link between (a) the acceptance and prevalence of the menace of yahooboyism among youths in Nigeria and (b) the advent and acceptance of the highly unregulated Internet in the country. Ending such social incongruence in Nigeria will require a top-down and bottom-up institutional reappraisal of basic societal structures (i.e., social system, economy, and politics). Also, a functional autonomy needs to be granted to established antifraud outfits such as the EFCC in order to make them more productive and effective. References Adeniran, A. (2006, August 23). A non-dependent framework for development. Retrieved from http://www.thisdayonline.com Africa Atlases (Nigeria). (2002). Paris, France: Les Editions J.A. Merton, R. (1936). The unintended consequences of purposive social action. Ameri- can Sociological Review, 1, 894–904. Ogburn, W. F. (1922). Social change with respect to culture and original nature. New York, NY: B.W. Huebsch. Steiner, P. (1993). On the internet nobody knows you are a dog [Cartoon]. New Yorker, 69(20), 61. UN-HABITAT. (2006). State of the world’s cities report 2006/7. London, UK: Earthscan Publications, Ltd. United Nations Development Programme. (2009). Overcoming barriers: Human mobility and development [Human Development Report 2009]. New York, NY: Author.

Internet Gambling 2 HENRY N. PONTELL GILBERT GEIS GREGORY C. BROWN Contents 13 14 Introduction 15 Antigua 16 The Jay Cohen Case (2001) 17 The World Trade Organization 19 Antigua Challenges the United States 21 The Dispute Settlement Body Panel 23 The Appellate Body Ruling 24 The European Union’s Third-Party Submission 25 In the Wake of the Appellate Ruling 26 Conclusion References Introduction Now one of the fastest growing industries, legal gambling already attracts more customers than the movies. Most people see Internet gambling as a recreational and leisure activity. However, for some people, Internet gam- bling can be a trap. All of an individual’s resources and interests become focused on the next chance to gamble on the Internet. Studies indicate that approximately 5% of the U.S. population is currently experiencing prob- lems with gambling (Kossman, 2006). Internet gambling has both positive and negative aspects. For some people, gambling at home on the computer avoids feelings of discomfort about the wagering procedures at places such as blackjack tables, where many eyes—most especially, those of the dealer— are focused on gamblers’ movements. However, this “advantage” of at-home gambling also can be regarded as a disadvantage for several reasons: (a) Gambling in one’s own home can be a lonesome enterprise, (b) the travel and the glitz of the casino world can be exhilarating, and (c) the multitude of other customers at the betting venues can provide an assurance that one is participating in an exciting and respectable enterprise. These assets and 13