CM7006
Cybercrime: Context, Form,
Risk and Regulation
Assignment One
Student ID Number: K0723718
Student Name : Alexia Kasparian
Deadline for Submission: 6/01/14
Are young people vulnerable and easy targets in cyberspace?
Introduction
The following report uses Daniel Perry’s case study example to explore the various topics of cyberstalking, cyberbullying, anonymity, online grooming and the role of appropriate guardianship. According to the published material from the BBC (2013) Daniel Perry was a young seventeen year old from Dunfermline who took his own life, after blackmailers demanded thousands of pounds, having tricked him into thinking he was chatting online with an American girl. The latter topics were used in the report to support Daniel Perry’s case study. The report depicts the division of the two different tribes: the offender and the victim.
Reyns, Henson and Fisher (2011) argued that the World Wide Web has transformed the everyday routines of millions of people all over the world, and having the access to the Internet has become increasingly significant in many aspects of social life. This is evident particularly within communication and social relations with the Internet’s global distance, which provides an endless number of opportunities to meet new people. To develop personal and professional connections and encounter new social situations is now available by a single click on the keyboard. The World Wide Web presents a new universe for criminal activities. Phillips and Morrisey (2009) had related to this by noting that while there were positive aspects of expression on the Internet, it had also permitted for the developments of new angles on traditional crimes, a whole new arena of cruelty and fear.
The World Wide Web and Society’s Fears
Shariff (2008) had stated that the battle in cyberspace is always reflected in the media headlines, which appear to be giving the notion that one is reading a science fiction episode, such as Star Wars. Some of the headlines are as the following: ‘‘A gift from the devil: worry about online activities’’ (Soloyon, 2005 as cited in Shariff, 2008) and ‘‘Cyber-bullying: the Internet is the latest weapon in a bully’s arsenal’’ (Leishman, 2002 as cited in Shariff, 2008). As cited in Finch (2007) ‘‘The Internet has become a significant social laboratory, for experimenting with the constructions and reconstructions of self that characterize post-modern life. In its virtual reality, we self-fashion and self-create’’ (Turkle, 2004, p.180).
Sandywell (2010) had noted that from the outlook of network security experts, the growth of the Internet transformed everyone who had access to digital media into a possible criminal, or offender. Therefore, popular media in the UK is predominant with images of cyber folk devils and connected moral panics. Current debates and legislation relating to cyberspace have been fuelled especially by the media’s preoccupation with online grooming and paedophilia. This might suggest that society moved from an age of worry, to an era of enduring fear and global anxiety.
‘‘...deviance is created by society. I do not mean this in the way that is ordinarily understood, in which the causes of deviance are located in the social situation of the deviant or in ‘social factors’ which prompt his action. I mean, rather, that social groups create deviance by making the rules whose infraction constitutes deviance, and by applying those rules to particular persons and labelling them as outsiders. From this point of view, deviance is not a quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an offender. The deviant is one to whom the label has successfully been applied deviant behaviour is behaviour that people so label’’ (Becker, 1963 as cited in Cohen, 2011, p.5).
Cohen (2011) had stated that societies are to be subject every now and then, to periods of moral panic. This happens when a condition or episode becomes defined as a threat to the values and interests of society. The BBC (2013) reported that hundreds of children just like Daniel Perry are being cyber-harassed each year. And in most cases their cyber-harassment leads to their suicide: ‘‘seven victims have killed themselves, including a 17-year-old in the UK’’ (BBC, 2013).
Cyberstalking, Cyberbullying & the Role of Guardianship
The National Centre for the Victims of Crime (2001 as cited in Joseph, 2003) had noted that even though there is no collective characterization of cyberstalking, the term generally refers to using the Internet to harass, or threaten another person. Wykes (2007) had proceeded to say that crime, stalking and cyber are usually depicted together in western culture, often when the topic concerns about somebody famous. Such as the case of the talented opera singer Leandra Ramm, whose career was nearly damaged by a man who cyber-harassed her thousands of times, and sabotaged her career at every turn (Huffpost TV, 2012). However, that is not always the case because ordinary people get stalked too, especially young people. Cyberspace and cyberculture complicate the construction of crime that is hard to define, perceive or take legal action even in real time and space (Wykes, 2007).
Cyberstalking can be defined as ‘‘repeated use of the Internet, e-mail or other related digital electronic communication devices, to annoy, alarm or threaten a specific individual’’ (D’Ovidio and Doyle, 2003, p.10 as cited in Wykes, 2007). It can be asserted that there is more potential for complete strangers to stalk online rather than in the offline world, this is possibly due to the large and increasing volume of personal data stored in computers (Wykes, 2007). Phillips and Morrisey (2009) had noted that cyberstalking is also known as online harassment. Cyberstalkers use the World Wide Web to target their vulnerable victims, their harassment ranges from continual unwanted communication to threatened violence. Most cyberstalking and cyberbullying incidents might be seen opportunistic as offenders seize an opportunity to create a situation without intentionally targeting a specific individual. When these offenders are caught they usually deny that their intentions were meant to be deviant and out of control.
Grabosky (2001 as cited in Reyns, Henson and Fisher, 2011) had noted that one of the basic beliefs in criminology holds that crime can be explained by three factors: motivation, opportunity and lack of adult supervision. Joseph (2003) had argued how a chat room is a link provided by online services and available on the World Wide Web, that permits people to communicate via a computer text and a modem. Cyberstalkers can use these chat rooms to libel and endanger their vulnerable victims. Most existing regulations on cyberstalking relate only to behaviour that constitutes a direct or plausible threat and causes the victim to be fearful of his or her safety. Initially it can be difficult to detect a plausible threat, if no actual threat of violence from the cyberstalker is apparent. In addition, many cyberstalkers do not directly physically threaten their victims (Joseph, 2003). As cited in Chamley (2003); ‘‘much cyberstalking remains at the level of inducing emotional distress, fear and apprehension’’ (Ogilvie, 2000, p.3).
Cesaroni, Downing and Alvi (2012) had argued that present concerns about cyber bullying might in fact end up in a moral panic. Certainly the way in which the interest around cyberbullying has marked itself appears to complete some of the classic signs of panic, as previously described by Cohen (2011). The public policy and academic discourse surrounding cyberbullying has encouraged researchers to expand predictors and typologies of cyberbullying, and investigate the traits of the involved parties (Cesaroni, Downing and Alvi, 2012). Internet bullying has emerged as a ‘‘psychologically devastating form of social cruelty’’ (Shariff, 2005, p.470 as cited in Cesaroni, Downing and Alvi, 2012). Furthermore, according to Rigby (2003) as cited in Beran et al. (2012) the victim of harassment has significant mental as well as physical health conditions.
It might be asserted that many adults do not fully understand cyberbullying. It may appear particularly frightening to parents because it involves communication technologies with which they are not familiar with (Junoven and Gross, 2008, p.497 as cited in Cesaroni, Downing and Alvi, 2012). In addition, according to Strom and Strom (2005 as cited in Cesaroni, Downing and Alvi, 2012) the family home is no longer a safe haven for young children.
Aas (2007) had noted that the Internet depicts yet another arena for committing long-established acts of crime and deviance. Grabosky (2001 as cited in Aas, 2007) argued that virtual criminality is identical to terrestrial crime; the only difference is that it is committed through a new medium, which is a case of old wine in new bottles. ‘‘Stalking is paradoxically, both a new and an old phenomenon’’ (Nicol, 2006, p.7). Stalking has been part of the cultural consciousness and unconscious. This has been demonstrated for almost two hundred years, by its portrayal in literary texts, films and news reports (Nicol, 2006, p.7).
Best (2003 as cited in Yar, 2013, p.139) had noted, how the climb of stalking had been accompanied by the growth of what he referred to as a victim industry. This specific industry is comprised of lawyers who represent those who claim victimisation, and medical professionals and therapists who study, treat and guide victims. In addition, academics have been drafted to train people and to raise understanding about stalking and its aftermath. Shariff and Hoff (2011) had noted that school officers and teachers dispute, that they cannot possibly be expected to have full control of students’ personal computers. Due to this major problem parents are increasingly beginning to use lawsuits for failing to supervise and defend their youth.
An example can be illustrated in the dilemma of David Knight, a boy from Canada, who was a victim of school bullying. Initially the bullying took place in a physical context before it transformed into a virtual form of harassment. His classmates set up a virtual site where he was depicted as a homosexual, a drug trafficker and paedophile, all of which were entirely false. The website received millions of hits where participants, contributed to the demeaning language and insults towards David. Unsupervised by school or guardians, David’s victimisation was prolonged for another six months, until he took legal action against the school board and internet provider (Shariff and Hoff, 2011). David’s dilemma is related to the case study example of this report, that of Daniel Perry, with the difference that Daniel Perry took his own life.
Clough (2010) had stated that, it is neither practical nor advantageous that police is everywhere. The role of a capable guardian must be shared with others across the community, whether it is parents keeping a very close eye on their children’s use of the internet, or system administrators sensing network disturbances. Aas (2007) had noted that, modern web-based technologies like Megan Law’s Internet site need to be clearly understood by parents and guardians for the safety and well-being of their children. The latter website is operated by the Office of the US Attorney-General, where California residents are able to attain detailed information about registered sex offenders in their community. The website’s motto is all about keeping young people safe and their parents informed.
Cyber Stalking and Cyber Bullying portrayed in Media texts
Shariff and Hoff (2011) had observed that students were increasingly victims of demeaning, threatening of explicit messages via e-mails and internet chat rooms. As cited in Shariff and Hoff (2011) Harmon (2004) observed that the Internet had provided the youth with an arsenal of weapons for social brutality. This phenomenon is defined as cyberbulling, which Pattchina and Hinduja (2006, p.152, as cited in Shariff & Hoff, 2011) define as, ‘‘wilful and repeated harm inflicted through the medium of electronic text’’. It can be asserted that cyberbullying is especially sinister because of its anonymity.
Shariff and Hoff (2011) had related cyberbullying as a modern day version of Golding’s (1954) Lord of the Flies. In the classical tale Golding had placed a small group of schoolboys on an isolated island where authority was removed, which forced the boys to ‘‘deal with the resulting vacuum’’ (as cited in Shariff & Hoff, 2011, p.360). Their very first thoughts were to look for authority figures ‘‘Where is the man with the megaphone?’’, ‘‘aren’t there any grownups at all?’’, ‘‘I don’t think so’’ ‘‘the fair boy said this solemnly, but then the delight of a realized ambition overcame him’’ (Golding, 1954, p.7). Golding’s boys harass, terrify, and ultimately end up killing each other. Piggy’s death could be seen as a result of the division of the two tribes, thus reflecting reality and how real the offender’s behaviour is towards his victim.
Shariff and Hoff (2011) proceeded to note that similarly cyberbullying places students and young people on a virtual deserted island with no adult regulation and very few rules, which permits bullying to rise to dangerous and even life threatening levels. The BBC (2013) had reported that just before Daniel Perry’s death, he was threatened by the blackmailers that: ‘‘he would be better off dead if he did not transfer the cash’’ and his video recording would have been exposed. Shariff and Hoff (2011) further discussed that in contrast with Golding’s (1954) epoch, in modern society young people are not forced to travel to a neglected island to find such a world.
Cyberspace has become a real place without regulation and without civilisation. American legislation protects technology corporations at the expense of the victims of cyber targeted, defamation and stalking. Most traits of cyberbullying are now considered to be criminal and therefore would most likely to be subject to trial (Shariff and Hoff, 2011). Cyberbully (2011) as the title suggests is a film about a teenage girl who becomes a victim to cyberbullying. Just before attempting her suicide she said: ‘‘I'm the real Taylor Hillridge. And I don't know why everybody hates me so much, or maybe I do. Because now I hate me too. I really don't see the reason of trying, or for talking, or for breathing. I'm just done. So that's it I guess. Bye’’ (Cyberbully, 2011). Similarly Daniel Perry attempted suicide just like the teenage girl in the film, with the only difference his suicide attempt was successful.
Anonymity, Online ‘‘Grooming’’ and the Constant Role of Guardianship
Clough (2010) had noted that in its infancy the Internet has pioneered society to many new terms and phenomena. One which has received substantial attention is that of online grooming. Even though it is extensively used, the term grooming is neither well-defined nor really quite understood. It may be recapitulated as the process by which a child makes friends with a possible offender. The offender attempts to gain the child’s confidence and trust, and this facilitates them to get the child to be involved in an abusive activity. While grooming is not new, the World Wide Web and other forms of electronic communication have provided offenders with plenty of opportunities to get in touch with children (Clough, 2010).
In an earlier period, it was generally only with family members, or trusted friends who had private contact with children in their homes. In the modern era the Internet facilitates almost anyone to virtually communicate privately with children (Clough, 2010). As cited in Finch (2007, p.38) ‘‘It is more difficult to verify identity or sincerity online , and paradoxically, many users appear to be more trusting of those met online than those they encounter in person’’ (Rowland, 1998). Finch (2007) had noted that this ethos of trust and the illusion of knowing the other person are created by the false intimacy of virtual communications. Thus, this displays the little red riding hood syndrome, in other words, people ought to be cautious and aware of strangers.
As reported by the BBC (2013) Scott Freeman, the founder of cyberbullying charity Cybersmile told the BBC, that it was essential for parents to educate themselves and their children about the Internet, specifically about online privacy settings and the steps to take, when reporting incidents. He said, to not speak to people who you are not familiar with, and to not move from the platform, onto more private platforms (BBC, 2013).
Parents who are concerned about threats from strangers may wrongly believe that their children are safer indoors and on the computer. Clough (2010) had also noted that a 2006 survey of young internet users aged 10-17 years old found that 13 percent had received unwanted sexual demands in the year before, of which almost 40 per cent were from adults. Digital communications present virtual anonymity, and the ability to create new personae. Lack of physical communication may also ease the portrayal of fantasy, both for the predator and the victim.
‘‘A shy, troubled person may find it easy to share his pain with a faceless listener. Such effortless and rapid intimacy can be very seductive’’ (McGrath and Casey, 2002, p.86). Daniel Perry was targeted in an almost identical way. Clough (2010) had also highlighted that digital technology may also benefit the trial providing clear data of communications between the offender and the victim. In the past such communications would have probably taken place in private and been denied by the offender if exposed.
The dangers of online grooming, and the need for law-making action have been recognised for a while now. Because grooming type performances precede the commission of a sexual offense, it properly fails within the territory of unclear offences. Nevertheless, the traditional unclear offences of provocation conspiracy and attempts are generally not fitted in this context (Clough, 2010). In some jurisdictions, there can be no conspiracy where the only other part to the agreement is an intended victim of the offence. Although an offender may persuade a minor to take part in a sexual act, provocation requires the defendant to motivate another to commit an offense (Clough, 2010, p.355).
Fried (2001 as cited in Hamerton, 2013) had depicted that there is great advantage of the electronic cloak and anonymity within the virtual setting, because an interpersonal offense is transformed into an anonymous offense. Anonymity is an advantage to possible offenders, as Clough (2010) had noted that offenders may purposefully withhold their identity online by the use of proxy servers, spoofed e-mail or IP addresses, or anonymous e-mails. A great number of young people become targets for offenders because they build an unusual ethos of trust with strangers that they socialise with online. Thus this could suggest the aftermath of the ethos of trust with a wolf in sheep’s clothing.
Conclusion
To conclude this report, the report had used Daniel Perry’s case study example to explore the various topics of cyberstalking, cyberbullying, anonymity, online grooming and the role of appropriate guardianship. The report discussed about the World Wide Web and its fears, and how the emergence of the Internet had presented a new setting for criminal activities (Reyns, Henson and Fisher, 2011). It might be asserted that cyber-harassment whether it is stalking or bullying, is creating moral panics for the vulnerable victims who are targeted in cyberspace.
From the outlook of network security experts, the growth of the Internet transformed everyone who had access to digital media into a possible criminal. Therefore, popular media in the UK is predominant with images of cyber folk devils and connected moral panics, as aforementioned (Sandywell, 2010). It can be asserted that cyberspace has become a real place without regulation and civilisation (Shariff and Hoff, 2011). The report has stressed for parents and children to educate themselves about the dangers of the Internet, to learn more about privacy settings and to report when danger is evident. In other words, the report is emphasizing about the right measures to take, in order to protect vulnerable children from cyber victimisation.
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