Cyber Criminology: Exploring Internet Crimes and Criminal Behavior

Human Rights Infringement in the Digital Age 407 Second, it is important for the human rights implications of new technol- ogies to be examined before (not after) they are introduced. Fox (2001, p. 268) notes the need for academics to question the use of new technologies, and Kirby (1998, p. 331) has stressed the need for ongoing and informed debate about the social implications of new technologies as well as the desirability of establishing global principles to guide the use of new technologies. The following cautionary observation of Casella (2003) is worth recalling in the present context: The longer a technology is used, the more entrenched in life it becomes. When technologies are new, or are used in newer ways … their uses are easier to mod- ify and their consequences easier to control.… If we wish to question the unin- tended consequences of these developments, now is the time to do so. (p. 92) Finally, rigorous evaluative research needs to be conducted once new technologies have been introduced in order to monitor their potential for denigration of human rights and infringements of international and national laws. The reporting requirements under international law should be taken seriously by governments, and individuals and organizations should be encouraged to report infringing practices immediately after they appear. In the capitalist marketplace, where corporate reputations are impor- tant, having a link to new technologies that infringe upon human rights may be a powerful deterrent and a useful way of ensuring that some of the more egregious developments in the digital age are avoided. At the same time, the development of technologies to protect and to enhance human rights could be a powerful marketing feature. An example would be the use of biometric user authentication technologies to protect personal identity information. Ideally, those responsible for technological innovation should work closely with human rights advocates and policymakers to prevent potential prob- lems from arising during the development phase of new technologies rather than devising solutions once problems have arisen and human rights have been infringed. References Arup, C., & Tucker, G. (1998). Information technology law and human rights. In D. Kinley (Ed.), Human rights in Australian law (pp. 243–266). Sydney, Australia: Federation Press. Australian Human Rights Commission Act of 1986 (Commonwealth). Benitez, M. A. (2002, February 27). ID card contract awarded. South China Morning Post (Hong Kong), p. 2. Bright, M. (2002). Surgical tags plan for sex offenders. The Observer. Retrieved from http://society.guardian.co.uk/children/story/0,1074,842393,00.html

408 Cyber Criminology Byrnes, A., Charlesworth, H., & McKinnon, G. (2005, October 18). Human rights implications of the Anti-Terrorism Bill 2005. Letter of advice to Mr. John Stanhope. Retrieved from http://www.chiefminister.act.gov.au/docs/_20051018.pdf Casella, R. (2003). The false allure of security technologies. Social Justice, 30, 82–93. Charter of Human Rights and Responsibilities Act 2006 (Victoria). Dunn v. Woodcock, NTSC 24 (S. Ct. of the Northern Territory, March 20, 2003). The Economist. (2002, August 15). Something to watch over you: Surveillance. The Economist. Retrieved from http://www.economist.com/node/1280634 Foucault, M. (1977). Discipline and punish: The birth of the prison (Allan Sheridan, Transl.). London, United Kingdom: Penguin Books. Fox, R. G. (1987). Dr Schwitzgebel’s machine revisited: Electronic monitoring of offenders. Australian and New Zealand Journal of Criminology, 20, 131–147. Fox, R. G. (2001). Someone to watch over us: Back to the panopticon? Criminal Justice, 1, 251–276. Human Rights Act 2004 (Australian Capital Territory). Human Rights Commission Act 2005 (Australian Capital Territory). Information Privacy Act 2000 (Victoria). Jones v. Toben, HREOCA 39 (October 5, 2000). Jones v. Toben, FCA 1150 (September 17, 2002). Jones v. Toben, FCA 354 (20 April 20, 2009). Jones v. Toben (No. 2), FCA 477 (May 13, 2009). Kirby, M. (1998). Privacy in cyberspace. University of New South Wales Law Journal, 21, 323–333. McAuliffe, W. (2002, February 5). Asylum seekers get first UK biometric ID cards. ZDNet Australia. Retrieved from http://www.zdnet.com.au/asylum-seekers- get-first-uk-biometric-id-cards-120263301.htm Painter, C. M. E. (2001). Supervised release and probation restrictions in hacker cases. U.S. Department of Justice Executive Office for United States Attorneys United States Attorneys’ USA Bulletin, 4(2). Retrieved from http://www.usdoj. gov/criminal/cybercrime/usamarch2001_7.htm People’s Daily Online. (2000, June 13). Chinese hacker sentenced to death for embez- zlement. People’s Daily Online. Retrieved from http://english1.peopledaily.com. cn/english/200006/13/eng20000613_42866.html Privacy Act 1988 (Commonwealth). Privacy Amendment (Private Sector) Act 2000 (Commonwealth). Privacy and Personal Information Protection Act 1998 (New South Wales). Privacy Directive (95/46/EC) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. Retrieved from http://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri=CELEX:31995L0046:EN:HTML Privacy and Electronic Communications Directive (2002/58/EC) Directive 2002/58/ EC of the European Parliament and of the Council of 12 July 2002 concern- ing the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic com- munications. Retrieved from http://eur-lex.europa.eu/LexUriServ/LexUriServ. do?uri=CELEX:32002L0058:EN:NOT R v. K 59 NSWLR 431; 144 A Crim R 468; NSWCCA 406 (2003).

Human Rights Infringement in the Digital Age 409 Re Seneca College and Ontario Public Service Employees Union, Local 560, 109 L.A.C. (4th) 334, 2002 L.A.C. Lexis 160, File No. MPA/Y200927 (2002). Semple, J. (1993). Bentham’s prison: A study of the panopticon penitentiary. Oxford, United Kingdom: Clarendon Press. Smith, R. G. (2002). Electronic voting: Benefits and risks. In A. Graycar (Ed.), Trends and Issues in Crime and Criminal Justice (No. 224, pp. 1–6). Canberra, Australia: Australian Institute of Criminology. Smith, R. G., Grabosky, P., & Urbas, G. (2004). Cyber criminals on trial. Cambridge, United Kingdom: Cambridge University Press. Spigelman, J. J. (2005). The Internet and the right to a fair trial. Criminal Law Journal, 29, 331–339. Taylor, G. (2001). The Council of Europe’s Convention on Cybercrime and Australia: A civil liberties perspective. Cyber Law Research, 30. Retrieved from http:// www.austlii.edu.au/au/other/CyberLRes/2001/30 United States v. Gorshkov and Ivanov, WL 1024026 (W.D. Wash. 2001). United States v. Kevin Mitnick, No. 97-50365, WL 255343 (9th Circ. Central Ca, May 20, 1998). United States v. Mitnick, 145 F.3d 1342 (9th Circ. Central Ca, May 14, 1998). United States v. Ristine, 335 F.3d 692 (8th Circ., July 2, 2003). Weeramantry, C. G. (1983). The slumbering sentinels: Law and human rights in the wake of technology. Melbourne, Australia: Penguin Books. Weeramantry, C. G. (1990). Human rights. In J. Wallace & T. Pagone (Eds.), Rights and freedoms in Australia (pp. 240–255). Sydney, Australia: Federation Press.



Conclusion K. JAISHANKAR Internet technology and the development of cyberspace have taken society to the next level of evolution. Cyberspace has defied the boundaries and has made geography (or place) irrelevant. Cyberspace presents myriad potential opportunities for society in the new millennium. In the 1990s, a new era was ushered in, in which Internet technology reigned supreme. However, the increase in the netizens has dwarfed the technology to a mere medium. Additionally, the perpetrators who attacked machines through machines have started attacking real humans through the machines. This radical development led criminologists to address the need for a discipline to study and analyze criminal behavior in cyberspace. The crimes, offender behav- iors, and victimization that occur in cyberspace needed to be studied from a social science versus a technological perspective. Thus, cyber criminology as an academic discipline was born with the launch of the International Journal of Cyber Criminology (http://www.cybercrimejournal.com), an online open- access journal, in 2007. Since the launch of the International Journal of Cyber Criminology, the term cyber criminology has taken its academic roots in the online as well as offline academic circles (Jaishankar, 2007; Nhan & Bachmann, 2010). According to Nhan and Bachmann (2010), “Cyber criminology is slowly emerging from a niche area that is often marginalized by mainstream crimi- nology to one of high importance” (p. 175). Although cyber criminology is gaining hold within the mainstream field of criminology, the big question is, “Will it evolve as a separate discipline?” There are many such criminolo- gies that have not become separate disciplines (e.g., green criminology, bio- criminology, environmental criminology). One reason could be that in spite of their research scope, they lacked content that could be taught. However, cyber criminology has the potential to become an independent discipline because of its dynamic expansion of exceptional interdisciplinary content in teaching and research. If cyber criminology is to be established as a separate discipline, vari- ous challenges face the modern-day cyber criminologists. These challenges include (a) issues in teaching, (b) research in cyber criminology, and (c) pro- fessionalization of the discipline. 411

412 Conclusion Issues in Teaching Many of the universities in the United States and the United Kingdom offer criminology programs with a course in cyber crime. Recently, some universi- ties in the United Kingdom—such as Canterbury Christ Church University; University College, Dublin; and University of Bedfordshire—have started offering master of science (MSc) courses in cyber crime forensics and forensic computing. The mushrooming courses on cyber forensics prove that univer- sities are more interested in the practical investigative part of cyber crimes than the causation of cyber crimes. Although the practical part is important, neglecting the theoretical issues behind cyber crimes would not compliment a holistic understanding of cyber crimes. Hence, courses should be offered as an MSc in cyber criminology and forensics; this will enable a combination of both theoretical and practical aspects of cyber crimes. Getting quality teachers to teach cyber crimes, laws, and investigation is one of the biggest challenges in developing programs in cyber criminol- ogy. The growth of Internet science, computer science, and information technology has a great impact on the development of the cyber criminol- ogy discipline. Conventional criminologists do not seem to be adapting to the growing needs of the expanding criminological discipline—they are not learning additional disciplines such as information technology and Internet science, both of which encompass the scope of cyber criminology. Without technical knowledge, conventional criminologists cannot move beyond teaching theoretical aspects of cyber crime. On the other hand, if technocrats were to be involved in teaching cyber criminology, they may be much less concerned with teaching the fundamentals of cyber criminology. They might be more inclined to speak about the technology than about the issues behind the cause of cyber crimes. Alternatively, if lawyers were to teach cyber crimi- nology, they might focus only on cyber laws, thus leaving out other impor- tant components of cyber crimes. Such atomistic teaching by criminologists, technocrats, or lawyers will not help efforts to advance the formal discipline of cyber criminology. There is a strong need for holistic professionals who have a collective knowledge of cyber criminology, law, and forensics and who can take cyber criminology to the next level. Conventional criminology departments could offer a multidisciplinary program of cyber criminology and forensics with assistance from other departments, such as departments of computer science, law, and information technology. Those professionals who complete their degrees in cyber crimi- nology could then be further absorbed as research and teaching assistants to develop the discipline. This would create a pool of professionals who would serve as a repository, of sorts, with a blend of both theoretical and practi- cal knowledge of cyber crimes, investigation, and laws; these professionals

Conclusion 413 would be valuable in advancing the profession as well as assisting the crimi- nal justice administration in the investigation of cyber crimes. Research in Cyber Criminology Current research in cyber criminology is highly encouraging. This book, which is a collection of selected research papers published in the International Journal of Cyber Criminology, is a good example. Articles published in the International Journal of Cyber Criminology were qualitative and quan- titative and of high quality. The installation of a new International Cyber Crime Research Centre at the Simon Frazer University and the Centre for Cybercrime Research at the University of Ontario Institute of Technology— both in Canada—provides a good base for the development of research works in cyber criminology. Research centers such the Berkman Center for Internet and Society and the Centre for Cybercrime Studies at John Jay College of Criminal Justice are dedicated to contributing to the growth of cyber crimi- nology. A cursory search on the Internet provides information about more such centers that are being developed and launched. This information gives me great hope that research in cyber criminology will be taken in an entirely new and exciting direction. Because research in cyber criminology is new, it is not devoid of its own methodological flaws. In their recent work, Nhan and Bachmann (2010) high- lighted certain methodological errors in cyber crime research. They feel that the “lack of a general definition, measurement issues, and survey problems such as bias and errors” (pp. 173) must be rectified by cyber criminologists in the future. Apart from these research issues, there is a dearth of research- ers in the field of cyber criminology. Except for a few researchers in coun- tries that include the United States, the United Kingdom, India, and Canada, there are no major researchers working in the field of cyber criminology. As pointed out earlier in the Issues in Teaching subsection, these lacunae can be overcome by creating more cyber criminologists. Research collaboration among various universities that conduct work in the field of cyber criminol- ogy can also fill this gap. Additionally, constant visits to the research centers by professionals from the industry would help in the development of research collaboration and transfer of expertise. Professionalization of the Discipline The major challenge that a new field of cyber criminology would face is the issue of the creation of jobs and the professionalization of the discipline. If cyber criminology remains a theoretical discipline, the creation of jobs

414 Conclusion would remain only at the level of theoretical research. As emphasized ear- lier, there is a need to grow cyber criminology as not only a theoretical but also a practical discipline. The amalgamation of cyber criminology, laws, and computer forensics can pave a new pathway for new jobs in the field of cyber criminology. Various universities and other bodies can create a certification program for cyber criminologists. These cyber criminologists can assist the police departments in the investigation of cyber crimes and start their own companies. Cyber criminologists also can evolve as cyber law specialists. Another significant area to which cyber criminologists can contribute is vic- tim services. Cyber criminologists can become cyber victim counselors, who would counsel individuals who have fallen prey to cyber crimes and advise corporate bodies in the prevention of cyber victimization. Cyber criminolo- gists also could act as a resource center on cyber crime victimization that would create awareness among the scholarly and lay public. I sincerely believe that the challenges discussed herein can be overcome by current and future cyber criminologists, and I see a bright prospect for the growth of cyber criminology as an independent discipline. References Jaishankar, K. (2007). Cyber criminology: Evolving a novel discipline with a new journal. International Journal of Cyber Criminology, 1(1), 1–6. 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.

Forensics & Criminal Justice Victimization through the Internet is becoming more prevalent as cyber criminals have developed more effective ways to remain anonymous. And as more personal information than ever is stored on networked computers, even the occasional or non-user is at risk. A collection of contributions from worldwide experts and emerging researchers, Cyber Criminology: Exploring Internet Crimes and Criminal Behavior explores today’s interface of computer science, Internet science, and criminology. Topics discussed include: • The growing menace of cyber crime in Nigeria • Internet gambling and digital piracy • Sexual addiction on the Internet, child pornography, and online exploitation of children • Terrorist use of the Internet • Cyber stalking and cyber bullying • The victimization of women on social networking websites • Malware victimization and hacking • The Islamic world in cyberspace and the propagation of Islamic ideology via the Internet • Human rights concerns that the digital age has created Approaching the topic from a social science perspective, the book explores methods for determining the causes of computer crime victimization by examining an individual’s lifestyle patterns. It also publishes the findings of a study conducted on college students about online victimization. Advances in information and communications technologies have created a range of new crime problems that did not exist two decades ago. Opportunities for various criminal activities to pervade the Internet have led to the growth and development of cyber criminology as a distinct discipline within the criminology framework. This volume explores all aspects of this nascent field and provides a window on the future of Internet crimes and theories behind their origins. Cover Image: Designed by Mathew Grandy, based on his winning entry of an open competition at http://www.worth1000.com. Published with permission. Collage Design work on Cover Image: A. Ravishankar, Sun Graphics, Tirunelveli, Tamil Nadu, India. K11450 ISBN: 978-1-4398-2949-3 90000 w w w. c r c p r e s s . c o m 9 781439 829493 © 2011 by Taylor & Francis Group, LLC w w w.crcp re s s .co m