IntroductionRecent two decades witnessed a swift transforming of human and social landscape due to the pervasive use of digital networks, which connect individuals, institutions, businesses and agencies spreading over the world. The growing convenience for creating, depositing, processing, transmitting, and retrieving of information increased the quantity of data in both static and dynamic processes, improved virtual communication, developed social networks, and at the same time, risks, threats and dangers have also been un-ignorable problems.Naturally, it was not strange that information systems in the background of Chinese history had been regarded as a modern instrument in an ancient territory. In fact, many countries were confronted with similar challenge at the dawn of the information age, when they were perplexed for how to benefit from the pervasive use of information systems while avoiding negative political and legal impact of unmonitored users, uncensored information, unchecked communications, uncontrolled activities and unsolicited visits. Such potentialities were also eroding footstones of the Chinese Great Wall.Additionally, migration of criminal phenomena into information systems-facilitated cyber space has attracted increasing attention due to its high pace of expansion (Li, 2008; Li, 2009). The 1997 Penal Law of China (which was usually translated as Criminal Law, but, Penal Law should be more exact translation) provided fundamental criteria and guidelines for convicting and sentencing cyber criminals. With assistance of a series of other statutory laws and administrative regulations, a legal and regulatory system has been taking shape to suppress the spread of cyber crime of multiple forms, the so-called new century's pestilence, in cyberspace. The explosion of new and pertinent laws and regulations over the past two decades reflected society's concerns on the ancient phenomenon in a modernized context, and efforts to wrestle with it. Yet, it remained uncertain whether the current approach to deter and redress cyber crime would prove to be successful.In the following sections, this article will review the process of establishing the legal framework on cyber crime in China, examine the features of Chinese laws and regulations tackling cyber crime, and analyze the policy for preventing cyber crime through control over cyber space in China. The article will also analyze the subject, the means, the mechanism and the main purpose of control over cyberspace, with review of its actual effects and defects.1. Criminalization and Penalization of Cyber CrimeThe "chance encounter" of communist China based on its ancient land and people with the information network had multiple potentialities of changing the politico-social order, which were unexpected and unprepared events in the late 20th century. According to official statistics, to the end of 2014, the number of Internet users in China reached 649 million and the number of mobile Internet
近二十年来，由于数字网络的广泛使用，人类和社会景观发生了迅速的变化，数字网络将遍布世界各地的个人、机构、企业和机构联系在一起。信息的创建、存储、处理、传输和检索日益便利，使静态和动态过程中的数据量增加，虚拟通信得到改善，社交网络得到发展，同时风险、威胁和危险也成为不容忽视的问题。中国历史背景下的信息系统被视为古代领土上的现代工具，这自然不足为奇。事实上，许多国家在信息时代开始时都面临着类似的挑战，当时它们困惑于如何从信息系统的普遍使用中获益，同时避免不受监测的用户、不受审查的信息、不受检查的通讯、不受控制的活动和未经请求的访问所产生的消极的政治和法律影响。这种潜力也侵蚀着中国长城的基石。此外，犯罪现象向信息系统支持的网络空间的迁移由于其高速扩张而引起了越来越多的关注(Li, 2008;李,2009)。1997年的《中国刑法》(通常被翻译为《刑法》，但更准确的翻译应该是《刑法》)为网络犯罪定罪量刑提供了基本的标准和准则。在一系列法律法规和行政法规的辅助下，初步形成了遏制多种形式网络犯罪在网络空间蔓延的法律法规体系，形成了“新世纪瘟疫”。在过去的二十年里，新的和相关的法律法规的爆炸式增长反映了社会在现代化背景下对这一古老现象的关注，以及与之斗争的努力。然而，目前阻止和纠正网络犯罪的方法是否成功仍不确定。在接下来的章节中，本文将回顾中国建立网络犯罪法律框架的过程，考察中国应对网络犯罪的法律法规的特点，并分析中国通过控制网络空间来预防网络犯罪的政策。文章还分析了网络空间管制的主体、手段、机制和主要目的，并对网络空间管制的实际效果和缺陷进行了评述。基于古老土地和人民的共产主义中国与信息网络的“偶遇”具有改变政治社会秩序的多重可能性，这是20世纪后期的意外和未准备事件。据官方统计，截至2014年底，中国互联网用户数达到6.49亿，移动互联网用户数达到5.57亿(中国互联网络信息中心，2015)。移动即时通讯应用稳步增长，吸引了91.2%的移动互联网用户(同上)。网络安全事故和网络犯罪案件都在持续增长(国家计算机网络应急技术小组/中国协调中心，2014)。互联网上的犯罪和罪犯种类繁多，从灾难性的到仅仅令人讨厌的都有(Icove et al.， 1995)。因此，从广义上定义，“网络犯罪”一词可以合理地涵盖各种各样的刑事犯罪、活动或问题。在中国，这个词从一开始就是一样的，发音为“电脑犯罪”。现在，更常用的术语是“网络犯罪”。然而，它从来没有一个正式的术语。中国刑法中所公布的罪行更为复杂，因为刑法本身并没有对任何罪行给予简化的名称。…
{"title":"Regulation of Cyber Space: An Analysis of Chinese Law on Cyber Crime","authors":"Xingan Li, K. Jaishankar","doi":"10.5281/ZENODO.56225","DOIUrl":"https://doi.org/10.5281/ZENODO.56225","url":null,"abstract":"IntroductionRecent two decades witnessed a swift transforming of human and social landscape due to the pervasive use of digital networks, which connect individuals, institutions, businesses and agencies spreading over the world. The growing convenience for creating, depositing, processing, transmitting, and retrieving of information increased the quantity of data in both static and dynamic processes, improved virtual communication, developed social networks, and at the same time, risks, threats and dangers have also been un-ignorable problems.Naturally, it was not strange that information systems in the background of Chinese history had been regarded as a modern instrument in an ancient territory. In fact, many countries were confronted with similar challenge at the dawn of the information age, when they were perplexed for how to benefit from the pervasive use of information systems while avoiding negative political and legal impact of unmonitored users, uncensored information, unchecked communications, uncontrolled activities and unsolicited visits. Such potentialities were also eroding footstones of the Chinese Great Wall.Additionally, migration of criminal phenomena into information systems-facilitated cyber space has attracted increasing attention due to its high pace of expansion (Li, 2008; Li, 2009). The 1997 Penal Law of China (which was usually translated as Criminal Law, but, Penal Law should be more exact translation) provided fundamental criteria and guidelines for convicting and sentencing cyber criminals. With assistance of a series of other statutory laws and administrative regulations, a legal and regulatory system has been taking shape to suppress the spread of cyber crime of multiple forms, the so-called new century's pestilence, in cyberspace. The explosion of new and pertinent laws and regulations over the past two decades reflected society's concerns on the ancient phenomenon in a modernized context, and efforts to wrestle with it. Yet, it remained uncertain whether the current approach to deter and redress cyber crime would prove to be successful.In the following sections, this article will review the process of establishing the legal framework on cyber crime in China, examine the features of Chinese laws and regulations tackling cyber crime, and analyze the policy for preventing cyber crime through control over cyber space in China. The article will also analyze the subject, the means, the mechanism and the main purpose of control over cyberspace, with review of its actual effects and defects.1. Criminalization and Penalization of Cyber CrimeThe \"chance encounter\" of communist China based on its ancient land and people with the information network had multiple potentialities of changing the politico-social order, which were unexpected and unprepared events in the late 20th century. According to official statistics, to the end of 2014, the number of Internet users in China reached 649 million and the number of mobile Internet","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"9 1","pages":"185-204"},"PeriodicalIF":1.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71091334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
R. Broadhurst, P. Grabosky, M. Alazab, Brigitte Bouhours, Steve Chon
This paper explores the nature of groups engaged in cybercrime. It briefly outlines the definition and scope of cybercrime, theoretical and empirical challenges in addressing what is known about cyber offenders, and the likely role of organized crime groups (OCG). We give examples of known cases that illustrate individual and group behaviour, and motivations of typical offenders, including state actors. Different types of cybercrime and different forms of criminal organisation are described drawing on the typology suggested by McGuire (2012). It is apparent that a wide variety of organisational structures are involved in cybercrime. Enterprise or profit-oriented activities, and especially cybercrime committed by state actors, appear to require leadership, structure, and specialisation. By contrast, protest activity tends to be less organized, with weak (if any) chain of command.
{"title":"Organizations and Cybercrime","authors":"R. Broadhurst, P. Grabosky, M. Alazab, Brigitte Bouhours, Steve Chon","doi":"10.2139/SSRN.2345525","DOIUrl":"https://doi.org/10.2139/SSRN.2345525","url":null,"abstract":"This paper explores the nature of groups engaged in cybercrime. It briefly outlines the definition and scope of cybercrime, theoretical and empirical challenges in addressing what is known about cyber offenders, and the likely role of organized crime groups (OCG). We give examples of known cases that illustrate individual and group behaviour, and motivations of typical offenders, including state actors. Different types of cybercrime and different forms of criminal organisation are described drawing on the typology suggested by McGuire (2012). It is apparent that a wide variety of organisational structures are involved in cybercrime. Enterprise or profit-oriented activities, and especially cybercrime committed by state actors, appear to require leadership, structure, and specialisation. By contrast, protest activity tends to be less organized, with weak (if any) chain of command.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2013-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2345525","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68126537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
I have developed a theory called ‘Space Transition Theory’ in order to explain the causation of crimes in the cyberspace. I felt the need for a separate theory of cyber crimes because the general theoretical explanations were found to be inadequate 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 & Michael Pittaro, published by Prentice Hall (2008: 283-301). "Space Transition Theory” is an explanation about the nature of the behavior of the persons who bring out their conforming and non-conforming behavior in the 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. The postulates of the theory are: 1. Persons, with repressed criminal behavior (in the physical space) have a propensity to commit crime in cyberspace, which, otherwise they would not commit in physical space, due to their status and position. 2. Identity Flexibility, Dissociative Anonymity and lack of deterrence factor in the cyberspace provides the offenders the choice to commit cyber crime 3. Criminal behavior of offenders in cyberspace is likely to be imported to Physical space which, in physical space may be exported to cyberspace as well. 4. Intermittent ventures of offenders in to the cyberspace and the dynamic spatio-temporal nature of cyberspace provide the chance to escape. 5. (a) Strangers are likely to unite together in cyberspace to commit crime in the physical space. (b) Associates of physical space are likely to unite to commit crime in cyberspace. 6. Persons from closed society are more likely to commit crimes in cyberspace than persons from open society. 7. The conflict of Norms and Values of Physical Space with the Norms and Values of cyberspace may lead to cyber crimes. Since 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 explanation for the criminal behavior in the cyberspace. There is a need to test the Space Transition Theory to see if it explains cyber criminal activity (Jaishankar 2008).
{"title":"Establishing a Theory of Cyber Crimes","authors":"K. Jaishankar","doi":"10.5281/ZENODO.18792","DOIUrl":"https://doi.org/10.5281/ZENODO.18792","url":null,"abstract":"I have developed a theory called ‘Space Transition Theory’ in order to explain the causation of crimes in the cyberspace. I felt the need for a separate theory of cyber crimes because the general theoretical explanations were found to be inadequate 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 & Michael Pittaro, published by Prentice Hall (2008: 283-301). \"Space Transition Theory” is an explanation about the nature of the behavior of the persons who bring out their conforming and non-conforming behavior in the 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. The postulates of the theory are: 1. Persons, with repressed criminal behavior (in the physical space) have a propensity to commit crime in cyberspace, which, otherwise they would not commit in physical space, due to their status and position. 2. Identity Flexibility, Dissociative Anonymity and lack of deterrence factor in the cyberspace provides the offenders the choice to commit cyber crime 3. Criminal behavior of offenders in cyberspace is likely to be imported to Physical space which, in physical space may be exported to cyberspace as well. 4. Intermittent ventures of offenders in to the cyberspace and the dynamic spatio-temporal nature of cyberspace provide the chance to escape. 5. (a) Strangers are likely to unite together in cyberspace to commit crime in the physical space. (b) Associates of physical space are likely to unite to commit crime in cyberspace. 6. Persons from closed society are more likely to commit crimes in cyberspace than persons from open society. 7. The conflict of Norms and Values of Physical Space with the Norms and Values of cyberspace may lead to cyber crimes. Since 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 explanation for the criminal behavior in the cyberspace. There is a need to test the Space Transition Theory to see if it explains cyber criminal activity (Jaishankar 2008).","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":"7-9"},"PeriodicalIF":1.0,"publicationDate":"2008-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A small scale test of the integrity of Internet Web 2.0 social network sites was undertaken over several weeks in 2007. The fictional identities of four female underage children where posted on three network sites and later introduced to relay chat forums in order to explore the impact of apparent vulnerability on potential selection of Internet victims. Only one of the three social network sites in the study recognized that the postings violated child protection policies and subsequently closed down the underage postings. Two basic identities were created: one that engendered a needy and vulnerable characterization of a child while the other identity was created to represent a happy and attached child character. The number of contacts and suspicious contacts were monitored to test assumptions about child ‘vulnerability’ and risks of unwanted sexual solicitations. The characters created also included either an avatar and/or contact details. These variants of the experiment showed that the inclusion of an image or access details increased the likelihood of contacts, including suspicious contact regardless of ‘vulnerability’. This small experiment noted that although vulnerable children with additional cues maybe at more risk all children who posted details about themselves on social network sites faced the risk of contact by predators. The need for further research and better means of regulating such sites was suggested.
{"title":"Online Child Sex Solicitation: Exploring the Feasibility of a Research ‘Sting’","authors":"Kasun P. Jayawardena, R. Broadhurst","doi":"10.2139/SSRN.2137390","DOIUrl":"https://doi.org/10.2139/SSRN.2137390","url":null,"abstract":"A small scale test of the integrity of Internet Web 2.0 social network sites was undertaken over several weeks in 2007. The fictional identities of four female underage children where posted on three network sites and later introduced to relay chat forums in order to explore the impact of apparent vulnerability on potential selection of Internet victims. Only one of the three social network sites in the study recognized that the postings violated child protection policies and subsequently closed down the underage postings. Two basic identities were created: one that engendered a needy and vulnerable characterization of a child while the other identity was created to represent a happy and attached child character. The number of contacts and suspicious contacts were monitored to test assumptions about child ‘vulnerability’ and risks of unwanted sexual solicitations. The characters created also included either an avatar and/or contact details. These variants of the experiment showed that the inclusion of an image or access details increased the likelihood of contacts, including suspicious contact regardless of ‘vulnerability’. This small experiment noted that although vulnerable children with additional cues maybe at more risk all children who posted details about themselves on social network sites faced the risk of contact by predators. The need for further research and better means of regulating such sites was suggested.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":"228-248"},"PeriodicalIF":1.0,"publicationDate":"2008-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2139/SSRN.2137390","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67939168","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Last November/December 2007, I was invited to two prestigious events of Cyber Criminology. The POLCYB International Summit on Policing Cyberspace, 2007, Bangkok, Thailand and the UNODC core group meeting of Experts on Identity related Crime and ISPAC Conference at Courmeyeur, Italy. I was also entrusted the task of preparing the Bangkok Declaration of the International summit on Cyberspace by the Society for the Policing of Cyberspace (POLCYB), Canada and that is published as a special paper in this issue. Hence in this editorial I would like to focus about identity related crime and its impact in the cyberspace.Identity is a holistic term to portray "an individual's comprehension of him or herself as a discrete, separate entity" (Identity, 2008, para 1). Finch (2007, pp.29-31) provides a brief typology of identity:"Identity is a complex and multi-faceted concept ... and it can be divided in to three categories: personal, social and legal. Personal identity relates to the self as experienced by the individual... social identity is the identity that is perceived by others; it is the external view of the self as viewed by others in society... Legal identity is ...the way in which an accumulation of information distinguishes one individual from all others....".The importance of identity gains greater significance in this wired era. The use of identity in the cyberspace is greater nowadays. People tend to shop, bank, sell, and have relationship in internet. In these processes their identity plays a superior role, which, however, is being misused by the miscreants. The perpetrators try to misuse the identity of a person for personal gain. This criminal misuse of identity is called identity related crime, which the United Nations Office of Drugs and Crime (UNODC), Vienna, Austria prefers to use and as a member of the core group of experts on Identity-related crime, UNODC1, I also advocate the use of this term.Koops & Leenes (2006) were the first to "propose to use the term 'identity-related crime' as an umbrella term. This covers all punishable activities having identity as a target or a principal tool." However, there is no universal definition of identity related crime, as it invariably comprises of many types of crimes such as identity theft, identity fraud, intellectual property abuse and other related crimes (UNODC, 2007a, 2007b). Though, Koops & Leenes (2006) have defined Identity-related crime, as the one that "concerns all punishable activities that have identity as a target or a principal tool", it is not recognized as a final definition of Identity related crime.Identity related cyber crime is on the rise, both in developed and developing countries. In this decade alone millions of people around the world are victimized of identity related cyber crime. The identity related cyber crime is perpetrated with ease when compared to the identity related crime in the physical space (Smith, 2007). It should be noted that the impact of identity related
{"title":"Identity Related Crime in the Cyberspace: Examining Phishing and Its Impact","authors":"K. Jaishankar","doi":"10.5281/ZENODO.18800","DOIUrl":"https://doi.org/10.5281/ZENODO.18800","url":null,"abstract":"Last November/December 2007, I was invited to two prestigious events of Cyber Criminology. The POLCYB International Summit on Policing Cyberspace, 2007, Bangkok, Thailand and the UNODC core group meeting of Experts on Identity related Crime and ISPAC Conference at Courmeyeur, Italy. I was also entrusted the task of preparing the Bangkok Declaration of the International summit on Cyberspace by the Society for the Policing of Cyberspace (POLCYB), Canada and that is published as a special paper in this issue. Hence in this editorial I would like to focus about identity related crime and its impact in the cyberspace.Identity is a holistic term to portray \"an individual's comprehension of him or herself as a discrete, separate entity\" (Identity, 2008, para 1). Finch (2007, pp.29-31) provides a brief typology of identity:\"Identity is a complex and multi-faceted concept ... and it can be divided in to three categories: personal, social and legal. Personal identity relates to the self as experienced by the individual... social identity is the identity that is perceived by others; it is the external view of the self as viewed by others in society... Legal identity is ...the way in which an accumulation of information distinguishes one individual from all others....\".The importance of identity gains greater significance in this wired era. The use of identity in the cyberspace is greater nowadays. People tend to shop, bank, sell, and have relationship in internet. In these processes their identity plays a superior role, which, however, is being misused by the miscreants. The perpetrators try to misuse the identity of a person for personal gain. This criminal misuse of identity is called identity related crime, which the United Nations Office of Drugs and Crime (UNODC), Vienna, Austria prefers to use and as a member of the core group of experts on Identity-related crime, UNODC1, I also advocate the use of this term.Koops & Leenes (2006) were the first to \"propose to use the term 'identity-related crime' as an umbrella term. This covers all punishable activities having identity as a target or a principal tool.\" However, there is no universal definition of identity related crime, as it invariably comprises of many types of crimes such as identity theft, identity fraud, intellectual property abuse and other related crimes (UNODC, 2007a, 2007b). Though, Koops & Leenes (2006) have defined Identity-related crime, as the one that \"concerns all punishable activities that have identity as a target or a principal tool\", it is not recognized as a final definition of Identity related crime.Identity related cyber crime is on the rise, both in developed and developing countries. In this decade alone millions of people around the world are victimized of identity related cyber crime. The identity related cyber crime is perpetrated with ease when compared to the identity related crime in the physical space (Smith, 2007). It should be noted that the impact of identity related","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"2 1","pages":"10-15"},"PeriodicalIF":1.0,"publicationDate":"2008-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Our society has come to rely on the sheer size, technological power, and lightening fast speed of the Internet to seek out immeasurable pages of information, explore the unknown, and communicate with virtually anyone, anywhere, and at anytime across the globe. Conversely, the Internet has opened windows of previously unknown criminal opportunities that not only challenge, but also transcend all physical boundaries, borders, and limitations to detect, punish, and diminish what appears to be a mounting problem of global proportion. As such, the Internet has literally become a fertile breeding ground for an entirely new and unique type of criminal offender hereafter known as the cyber stalker – an offender who uses the Internet as a tool or weapon of sorts to prey upon, harass, threaten, and generate immense fear and trepidation in its victims through sophisticated stalking tactics. This paper presents a glimpse into the deviant behaviors and tactics associated with cyber stalking crimes, legislative intervention measures, and preventative initiatives created specifically to curtail this emerging global crime.
{"title":"Cyber stalking: An Analysis of Online Harassment and Intimidation","authors":"Michael L. Pittaro","doi":"10.5281/ZENODO.18794","DOIUrl":"https://doi.org/10.5281/ZENODO.18794","url":null,"abstract":"Our society has come to rely on the sheer size, technological power, and lightening fast speed of the Internet to seek out immeasurable pages of information, explore the unknown, and communicate with virtually anyone, anywhere, and at anytime across the globe. Conversely, the Internet has opened windows of previously unknown criminal opportunities that not only challenge, but also transcend all physical boundaries, borders, and limitations to detect, punish, and diminish what appears to be a mounting problem of global proportion. As such, the Internet has literally become a fertile breeding ground for an entirely new and unique type of criminal offender hereafter known as the cyber stalker – an offender who uses the Internet as a tool or weapon of sorts to prey upon, harass, threaten, and generate immense fear and trepidation in its victims through sophisticated stalking tactics. This paper presents a glimpse into the deviant behaviors and tactics associated with cyber stalking crimes, legislative intervention measures, and preventative initiatives created specifically to curtail this emerging global crime.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"2 1","pages":"180-197"},"PeriodicalIF":1.0,"publicationDate":"2007-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046195","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Gibson’s (1984) cyberspace did not become a popular facet in American homes until the 1990s, so in the grand scheme of technology, the Internet is still considered to be in its adolescence. However, despite its young age, approximately 87% of American youth use the Internet on a regular basis (Raine, 2006). While these youth are spending substantial amounts of time online, many of them are becoming victims of criminal activity. The range of crimes committed online, otherwise known as cyber crimes, is quite substantial; however, the particular focus of this study is to examine the preventative programs and policies developed to curb the online victimization of youth (i.e., sexual solicitation, unwanted harassment, and unwanted exposure to sexual material). While several attempts at passing legislation have been unsuccessful, a few attempts by the federal government to protect America’s youth have been successfully implemented and will be reviewed. While there are only few evaluations of strategies to prevent online victimization of youth to examine, suggestions of strategies that could be applied to cyberspace based on situational-based crime prevention strategy evaluations of other parallel programs in different arenas are discussed.
{"title":"Are We Protecting Our Youth Online? An Examination of Programs Keeping Youth Safe and Analysis of Policy Vacuum","authors":"Catherine D. Marcum","doi":"10.5281/ZENODO.18795","DOIUrl":"https://doi.org/10.5281/ZENODO.18795","url":null,"abstract":"Gibson’s (1984) cyberspace did not become a popular facet in American homes until the 1990s, so in the grand scheme of technology, the Internet is still considered to be in its adolescence. However, despite its young age, approximately 87% of American youth use the Internet on a regular basis (Raine, 2006). While these youth are spending substantial amounts of time online, many of them are becoming victims of criminal activity. The range of crimes committed online, otherwise known as cyber crimes, is quite substantial; however, the particular focus of this study is to examine the preventative programs and policies developed to curb the online victimization of youth (i.e., sexual solicitation, unwanted harassment, and unwanted exposure to sexual material). While several attempts at passing legislation have been unsuccessful, a few attempts by the federal government to protect America’s youth have been successfully implemented and will be reviewed. While there are only few evaluations of strategies to prevent online victimization of youth to examine, suggestions of strategies that could be applied to cyberspace based on situational-based crime prevention strategy evaluations of other parallel programs in different arenas are discussed.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":"198-212"},"PeriodicalIF":1.0,"publicationDate":"2007-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046240","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
If you're looking for introductory text on what cyber crime is, then this is the one! But don't expect and in-depth academic text. This self-published book is very much a book for the operational practitioner. An easy to read text that provides a broad overview relating to Federal Agent Nigel Phair’s experience whilst working at the Australian High Tech Crime Centre in Canberra and as a member of the Australian Federal Police. Some comments may seem to appear rather glib, along with several assumptions, but don't be put off; the book has merit and Phair provides a good insight for the newcomer wishing to learn about the domain of cyber crime. The introduction, I presume in an effort to allay our fears, states "The Internet is not of the Wild West, as was once portrayed in American Western movies. It is just another public place and Internet users need to use real-world sensibilities when operating in the online environment." Phew, thank goodness for that! But his statement is quickly followed by a darker one of impending doom; "the communities trusting e-commerce activities, will slowly erode over time as personal users either become victims of online crime or know someone who has." He then briefly mentions ‘the profile of cyber crime criminals’ and how the hacking the counterculture has completely changed into wellorganized and hierarchical groups of criminal syndicates that have realized there is substantial money to be made by criminal activity online. A geographical overview of the cyber crime elements are presented as the only real risk from Eastern Europe, Asia and West Africa. This is just too brief. His Eastern European perspective focuses only on the Russian Mafia and one incident involving a Romanian National. Asia, primarily relates to issues in China, although Singapore and Korea do get a mention. West Africa, primarily focuses on Nigeria and Kenya; with the Nigerian activity relating to the infamous "Nigerian letters." The rest of the book addresses the cyber crime activities under the broad headings of: o Unwanted Software; o Identity Crime; o Phishing;
{"title":"Book Review of Cybercrime – The Reality of the Threat","authors":"Nicholas Chantler","doi":"10.5281/ZENODO.18798","DOIUrl":"https://doi.org/10.5281/ZENODO.18798","url":null,"abstract":"If you're looking for introductory text on what cyber crime is, then this is the one! But don't expect and in-depth academic text. This self-published book is very much a book for the operational practitioner. An easy to read text that provides a broad overview relating to Federal Agent Nigel Phair’s experience whilst working at the Australian High Tech Crime Centre in Canberra and as a member of the Australian Federal Police. Some comments may seem to appear rather glib, along with several assumptions, but don't be put off; the book has merit and Phair provides a good insight for the newcomer wishing to learn about the domain of cyber crime. The introduction, I presume in an effort to allay our fears, states \"The Internet is not of the Wild West, as was once portrayed in American Western movies. It is just another public place and Internet users need to use real-world sensibilities when operating in the online environment.\" Phew, thank goodness for that! But his statement is quickly followed by a darker one of impending doom; \"the communities trusting e-commerce activities, will slowly erode over time as personal users either become victims of online crime or know someone who has.\" He then briefly mentions ‘the profile of cyber crime criminals’ and how the hacking the counterculture has completely changed into wellorganized and hierarchical groups of criminal syndicates that have realized there is substantial money to be made by criminal activity online. A geographical overview of the cyber crime elements are presented as the only real risk from Eastern Europe, Asia and West Africa. This is just too brief. His Eastern European perspective focuses only on the Russian Mafia and one incident involving a Romanian National. Asia, primarily relates to issues in China, although Singapore and Korea do get a mention. West Africa, primarily focuses on Nigeria and Kenya; with the Nigerian activity relating to the infamous \"Nigerian letters.\" The rest of the book addresses the cyber crime activities under the broad headings of: o Unwanted Software; o Identity Crime; o Phishing;","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":"249-251"},"PeriodicalIF":1.0,"publicationDate":"2007-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046343","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2003, the Recording Industry Association of America (RIAA) initiated a surge of lawsuits against peer-topeer (P2P) network users to stop them from illegally sharing music files. The main goal of this new strategy was not to dissuade individual persons from violating copyright laws, but to educate the general public about the illegality of this behavior and to deter the mass of Internet users from using the ever-emerging P2P networks to share music files (RIAA, 2003). Despite these legal efforts, the few studies conducted on online music file sharing suggest that the majority of music downloaders show little awareness of wrongdoing and that a large gap exists between the self-perception of P2P users and the deviant label assigned to them by the recording industry. This study uses recent data from the PEW Internet and American Life Project to analyze the latest shifts in the population of P2P users. Results show that the popularity of P2P networks has been steadily increasing since the sharp decline in 2003 and that the sociodemographics of file-sharing communities are changing. P2P users appear to be largely unimpressed by the legal prosecutions. Implications for the music and video industry as well as future research are discussed.
{"title":"Lesson Spurned? Reactions of Online Music Pirates to Legal Prosecutions by the RIAA","authors":"Michael Bachmann","doi":"10.5281/ZENODO.18796","DOIUrl":"https://doi.org/10.5281/ZENODO.18796","url":null,"abstract":"In 2003, the Recording Industry Association of America (RIAA) initiated a surge of lawsuits against peer-topeer (P2P) network users to stop them from illegally sharing music files. The main goal of this new strategy was not to dissuade individual persons from violating copyright laws, but to educate the general public about the illegality of this behavior and to deter the mass of Internet users from using the ever-emerging P2P networks to share music files (RIAA, 2003). Despite these legal efforts, the few studies conducted on online music file sharing suggest that the majority of music downloaders show little awareness of wrongdoing and that a large gap exists between the self-perception of P2P users and the deviant label assigned to them by the recording industry. This study uses recent data from the PEW Internet and American Life Project to analyze the latest shifts in the population of P2P users. Results show that the popularity of P2P networks has been steadily increasing since the sharp decline in 2003 and that the sociodemographics of file-sharing communities are changing. P2P users appear to be largely unimpressed by the legal prosecutions. Implications for the music and video industry as well as future research are discussed.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"1 1","pages":"213-227"},"PeriodicalIF":1.0,"publicationDate":"2007-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The book, Cybercrime: How to avoid becoming a victim, written by H. Thomas Milhorn, MD, Ph.D. sets out to educate its readers about the many different types of cyber crimes and ways in which internet users can protect themselves from becoming victims. According to the author, cyber crime is identified as “any type of activity that uses the Internet to commit a crime (p.1)”. A broad area of cyber crime is covered throughout the book with special emphasis given to defining what constitutes each type of crime, poignant examples of actual crimes, and finally, useful tips for protecting yourself from each type of crime. Indeed, there are 36 chapters in the book, covering almost every conceivable area of cyber crime, areas such cyber bullying and immigration fraud, as well as the more popular predator and credit card fraud. Appendix A provides the readers with information on how to report cyber crimes, specifically which office they should contact. Appendix B provides an essential glossary for cyber terminology. The purpose of this review is to provide readers with an overview as to what to expect from it. Milhorn is a retired professor who has penned over 150 papers (both research and education) as well as four books (three nonfiction and one fiction). He taught for the University of Mississippi Medical Center, where he was a professor of Physiology and Biophysics, as well as an associate professor of Psychiatry and Human Behavior. He holds several certifications and is educated in other areas above and beyond his medical training including: mental health counselor, addictions counseling coursework, and theology. Milhorn’s interests include web design and teaching computer classes for adult students. Although is areas of expertise are not cyber crimes, he does provide a thorough examination of the particular areas. Milhorn’s Curriculum Vitae can be found on his own webpage: http://www.milhorn1.netfirms.com/. Computers are now in every country, and are accessible by a vast majority of persons in industrialized countries. Internet-connected people must know how to protect themselves from the online dangers. Milhorn’s goal with this book is to provide a vast repository of protective measures, both for the novice and the veteran in computer use.
《网络犯罪:如何避免成为受害者》这本书是由医学博士托马斯·米尔霍恩(H. Thomas Milhorn)撰写的，旨在教育读者了解许多不同类型的网络犯罪，以及互联网用户保护自己免受成为受害者的方法。根据提交人的说法，网络犯罪被定义为“利用互联网实施犯罪的任何类型的活动(第1页)”。网络犯罪的广泛领域覆盖了整个书，特别强调了定义什么构成了每一种类型的犯罪，实际犯罪的尖锐的例子，最后，保护自己免受每一种类型的犯罪的有用提示。事实上，这本书有36章，涵盖了几乎所有可以想象到的网络犯罪领域，比如网络欺凌和移民欺诈，以及更流行的捕食者和信用卡欺诈。附录A为读者提供了如何报告网络犯罪的信息，特别是他们应该联系哪个办公室。附录B提供了网络术语的基本词汇表。这篇评论的目的是为读者提供一个概述，以了解从它可以期待什么。米尔霍恩是一名退休教授，发表了150多篇论文(既有研究论文，也有教育论文)，并出版了四本书(三本非虚构类书籍和一本虚构类书籍)。他曾任教于密西西比大学医学中心，在那里他是生理学和生物物理学教授，以及精神病学和人类行为学副教授。他持有多个证书，并在他的医疗培训之外的其他领域接受教育，包括:心理健康咨询师，成瘾咨询课程和神学。米尔霍恩的兴趣包括网页设计和为成人学生教授计算机课程。虽然他的专业领域不是网络犯罪，但他确实对特定领域进行了彻底的检查。米尔霍恩的简历可以在他自己的网页上找到:http://www.milhorn1.netfirms.com/。现在每个国家都有计算机，工业化国家的绝大多数人都可以使用计算机。联网的人必须知道如何保护自己免受网络危险。米尔霍恩写这本书的目的是为电脑新手和老手提供大量的保护措施。
{"title":"Book Review of How to avoid becoming a victim","authors":"J. Bowers","doi":"10.5281/ZENODO.18799","DOIUrl":"https://doi.org/10.5281/ZENODO.18799","url":null,"abstract":"The book, Cybercrime: How to avoid becoming a victim, written by H. Thomas Milhorn, MD, Ph.D. sets out to educate its readers about the many different types of cyber crimes and ways in which internet users can protect themselves from becoming victims. According to the author, cyber crime is identified as “any type of activity that uses the Internet to commit a crime (p.1)”. A broad area of cyber crime is covered throughout the book with special emphasis given to defining what constitutes each type of crime, poignant examples of actual crimes, and finally, useful tips for protecting yourself from each type of crime. Indeed, there are 36 chapters in the book, covering almost every conceivable area of cyber crime, areas such cyber bullying and immigration fraud, as well as the more popular predator and credit card fraud. Appendix A provides the readers with information on how to report cyber crimes, specifically which office they should contact. Appendix B provides an essential glossary for cyber terminology. The purpose of this review is to provide readers with an overview as to what to expect from it. Milhorn is a retired professor who has penned over 150 papers (both research and education) as well as four books (three nonfiction and one fiction). He taught for the University of Mississippi Medical Center, where he was a professor of Physiology and Biophysics, as well as an associate professor of Psychiatry and Human Behavior. He holds several certifications and is educated in other areas above and beyond his medical training including: mental health counselor, addictions counseling coursework, and theology. Milhorn’s interests include web design and teaching computer classes for adult students. Although is areas of expertise are not cyber crimes, he does provide a thorough examination of the particular areas. Milhorn’s Curriculum Vitae can be found on his own webpage: http://www.milhorn1.netfirms.com/. Computers are now in every country, and are accessible by a vast majority of persons in industrialized countries. Internet-connected people must know how to protect themselves from the online dangers. Milhorn’s goal with this book is to provide a vast repository of protective measures, both for the novice and the veteran in computer use.","PeriodicalId":46103,"journal":{"name":"International Journal of Cyber Criminology","volume":"69 1","pages":"252-255"},"PeriodicalIF":1.0,"publicationDate":"2007-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71046628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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