Theories of Cyber Crime provide a framework for understanding the motivations and behaviors behind criminal activities in the digital realm. As the internet has become an integral part of our lives, cybercrime has evolved, necessitating the development of various theories to explain why individuals and groups engage in these activities. From the foundational choice theory, which posits that individuals make conscious decisions to commit crimes, to more complex theories that consider social, psychological, and structural influences, the study of cybercrime delves deep into the interplay between technology and criminal behavior. Understanding these theories is crucial for developing effective strategies to combat cybercrime in an increasingly interconnected world.
What Is Cyber Crime
The emergence of Internet technology has greatly enhanced the condition of human life. The Internet provides boundless prospects in many domains such as educational research, public and commercial transactions, industrial production, biotechnological growth, and worldwide networking. Undoubtedly, stating that the Internet is indispensable for the proper functioning of global civilisation is stating the obvious. Although there are several positives to technology, there are also some negative consequences that arise from these technical advancements. Cybercrime serves as a significant example of this phenomenon.
The word “cybercrime,” which is widely used in modern culture, originates from the nexus between criminal activities and technology. The history of cybercrime spans from the early days of computers to the complex workings of the present-day internet. It is a narrative of ingenuity, exploitation, and the development of laws.
Cybercrime is a malevolent phenomenon that arises from the increasing reliance on computers in contemporary society. Various violations may be committed via the use of communication technology. Cyber crimes can be classified into different types. The first type involves the commission of new offences using new technologies, such as cyber crimes targeting computer systems and data. The second type involves the commission of traditional offences using new technology, such as using computer networks to facilitate the commission of a cyber crime.
Definition Of Cyber Crime
There is no universally accepted definition for cybercrime. Industry professionals and researchers have proposed several definitions, and the federal government has developed several of its own. Definitions have shown variability in terms of their degree of detail and scope. Cybercrime, for example, is defined by Symantec Corporation, one of the biggest computer security organisations, as “any crime that is committed using a computer or network, or hardware device.” Regardless of the definition, the process of conceptualising cybercrime involves considering several important elements and questions. These include determining the locations of criminal acts in both the physical and digital realms, identifying the technologies used in these acts, understanding the motivations behind malicious activities, and identifying the individuals or groups responsible for carrying out these acts.
The term “cybercrime” is an umbrella term that encompasses all forms of unlawful activity and damage caused by computers, portable electronic devices (PDAs), and mobile phones that can communicate to the Internet. A definition that is marginally more technical would be ‘‘use of computers or other electronic devices via information systems such as organizational networks or the Internet to facilitate illegal behaviors’’
The National Security Presidential Directive 54/Homeland Security Presidential Directive 23 (NSPD-54/HSPD-23) provides a definition of cyberspace as “the interdependent network of information technology infrastructures, includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers in critical industries.” Cyberspace may be defined as the virtual realm where information and interpersonal exchanges take place. The U.S. Military has embraced a definition of cyberspace that aligns with the one specified in NSPD54/HSPD-23. In a 2008 memorandum from the Deputy Secretary of Defence, cyberspace was defined as a worldwide realm within the information environment that encompasses a network of interdependent information technology infrastructures, such as the Internet, telecommunications networks, computer systems, and embedded processors and controllers. The use of the term cyberspace, as specified in NSPD-54/HSPD-23, by federal law enforcement for the conceptualization of cybercrime and for the purposes of cybercrime investigations and prosecutions is uncertain.
Theories Of Cyber Crime
One way to describe a theory is as “an interrelated and testable set of propositions that explain a phenomenon.” It’s in McQuade (2006). This isn’t as hard to understand as it sounds. Theories help us understand and make sense of the world around us. Many ideas have been made over the years to try to understand things in the world and even the universe.
During the sixteenth century, individuals like Copernicus and subsequently Galileo Galilei, using a self-made telescope, demonstrated that the Earth orbits the Sun, contrary to the previous belief that the Sun revolves around the Earth. This groundbreaking scientific breakthrough revolutionized humanity’s comprehension of the solar system and sparked other innovative concepts about our planet. However, throughout Galileo’s day and for a considerable duration thereafter, explanations for the causes of crime were restricted to the decisions individuals made. The concept sometimes referred to as choice theory posits that individuals engage in criminal behaviour as a result of their conscious decision-making, and that their inclination to commit crimes can only be prevented by the certainty, promptness, and severity of punishment. Consider, for example, in this age of cybercrime, if an individual comprehends that unauthorised access to a computer system or surpassing their network privileges is illegal, and that engaging in such activities would result in prompt identification, prosecution, and severe penalties such as fines and imprisonment. Despite this knowledge, if they still opt to hack into a computer system. In such scenario, their behaviours may be elucidated via the lens of choice theory. Choice theory, first developed by Cesare Beccaria in the mid-seventeenth century, is a prominent framework for understanding the motivations behind both conventional and cybercriminal behaviour.
In the nineteenth century, the development of new scientific methodologies resulted in significant findings related to trait theory. These ideas claim that individuals engage in criminal behaviour because to their biological and/or psychological attributes, rather than their moral decision-making on good and wrong or adherence to society rules. The idea that an individual could have a hereditary inclination or uncontrolled urges to engage in illogical, aggressive, or dangerous behaviour is based on the principles of trait theories. Currently, the notion of “Internet addiction” is founded on the premise that individuals might get too stimulated by participating in computer games or other online activities to a degree that is detrimental to their well-being.
During the twentieth century, numerous new comprehensive theories of crime emerged. One such theory is social process theory, which suggests that individuals engage in criminal behaviour due to the influence of their upbringing, education, and socialisation within society. Crime causation is influenced by several factors, including familial and social relationships, as well as involvement in school, religious, recreational, and professional activities. Additionally, learning from others has a significant role in determining whether individuals adopt criminal lifestyles.
A contemporary illustration of implementing this theory to cybercrime may include the unauthorized reproduction of music, films, or software. Recent research indicates that teenagers often acquire knowledge on how to engage in intellectual property theft via peer-to-peer networks on the Internet, typically from their peers or family members. During the process, individuals establish a connection between this behaviour and the perception of it being typical and socially acceptable. This is just one more way that people with poor digital ethics and a lack of self-control might fall prey to criminal influence.
While social process theory attributes the responsibility of committing crimes to individuals, social structure theory posits that people engage in criminal behaviour due to the organization of society. Students from low-income households or those with subpar education, for instance, can be routinely denied the opportunity to succeed in life or make money in other ways.
Social structure theory states that as a consequence, “the system drove them to commit crime.” The desire to acquire riches and maintain a certain image may tempt some individuals to engage in identity theft or other forms of online fraud. Alternatively, the gradual disintegration of families and other societal structures, caused by cyber interactions and online transactions instead of face-to-face interactions, may lead to the emergence of criminal behaviours.
Conflict theory expands upon social structure theory by focusing on the management of money and the exercise of power in society, particularly for one’s own gain and to a certain degree for those who are required for lower-level or administrative roles in society. When it comes to understanding crime, factors such as one’s identity, social connections, occupation, and wealth have a significant role in determining their contribution to criminal activities within society. Regarding cybercrime, conflict theorists argue that those who possess significant income and influence over the utilization of computers and the Internet in society may unintentionally foster rebellion and misuse of IT equipment by others, resulting in harmful consequences.
All of the aforementioned broad theories of crime and cybercrime fail, in fact, to address the fundamental question of why criminal acts take place. Instead, it is becoming clearer to scholars that specific criminal situations need a mix of these broad ideas and their subcategories. Because of this need, an explanation for the origins of criminal behaviour known as integrated theory was developed in the 1970s. For a more comprehensive and, one can only hope, rational explanation of why individual and collective criminal acts take place, integrated theory integrates elements from several theories such as choice, trait, social process, social structure, and choice. The new Theory of Technology-Enabled Crime, Policing, and Security is significant because it offers a possible best-case scenario explanation for the reasons for the technological evolution of crime.
References
- Jaishankar (ed.), Routledge Handbook of South Asian Criminology (Routledge, 2019).
- Jaishankar (ed.), Cyber Criminology: An Exploring Internet Crimes and Criminal Behaviour (CRC Press: Taylor & Francis Group, NewYork, 2011).
- Samuel C. McQuade(ed.), Encyclopedia of Cyber Crime (Greenwood Press, London, 2009).
- Kristin M. Finklea and Catherine A. Theohary, “Cybercrime: Conceptual Issues for Congress and U.S. Law Enforcement”, Congressional Research Service, 2012, available at : chrome extension://efaidnbmnnnibpcajpcglclefindmkaj/https://ipmall.law.unh.edu/sites/default/files/hosted_resources/crs/R42547_120720.pdf (visited on 18.08.24)