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Introduction and Overview of Cyber Crime and Cyber

Terrorism
Fourth Edition

Chapter 3
The Criminology of Computer Crime

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Learning Objectives (1 of 2)

3.1 Discuss the tenets of choice theory,
including routine activities theory, and its
applicability to cyber crimes.

3.2 Describe the assumptions of deterrence
theory and its utility.

3.3 Discuss the impact of personality
disorders on cyber crime.

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Learning Objectives (2 of 2)

3.4 Discuss the major social structure
theories that apply to cyber crime.

3.5 Discuss the learning and social
control theories that apply to cyber
crime.

3.6 Describe the relationship between
terrorism and political theory.
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Introduction

• A theory is an attempt to answer the question


“Why?”
•Theories in this chapter attempt to answer the
question “Why do individuals commit cyber crime?”
•Examples will demonstrate how a particular theory
can explain cyber crime.

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Choice Theory (1 of 3)

•According to choice theory, an individual commits


a crime because he or she makes a rational choice
to do so by weighing the risks and benefits of
committing the act.
–When the risks outweigh the benefits, the
person will not commit the act.
–When the risk do not outweigh the benefits, the
person will commit the act.

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Choice Theory (2 of 3)

•Choice theory became population in the 1970s for


three reasons:
–The positive school began to be questioned.
–The reported crime rate in the 1960s and 1970s
increased significantly.
–The practice of rehabilitation came under attack.

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Choice Theory (3 of 3)

•Choice theory had significant policy implications.


–Choice theorists argue that since the offender
has made a rational choice to commit the
offense, the focus should be on the offense
committed and not the offender.
–Types of choice theory policies include:
▪Mandatory sentencing
▪ "Three strikes and you're out" laws
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Routine Activities (1 of 4)

•Routine activities theory (RAT) is based on rational


choice theory.
–RAT was developed by Lawrence Cohen and
Marcus Felson.
–Cohen and Felson argue that there is always a
steady supply of offenders who are motivated to
commit crime.

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Routine Activities Theory (2 of 4)
•According to RAT, crime occurs when there is a
convergence in time and space of three factors:
–A motivated offender (e.g., a hacker)
–A suitable target (e.g., a vulnerable computer
system)
–The absence of a capable guardian (e.g., inadequate
software protection)
•All three factors must be present in order for crime to
occur.
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Routine Activities Theory (3 of 4)

•RAT is applicable to cyber crime because:


–The rapid expansion of technology has increased
the number of available targets.
–Without adequate software protection there is a
lack of capable guardians to protect people from
digital crime.
–In addition, there are motivated offenders such
as hackers, all over the world.

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Routine Activities Theory (4 of 4)

•Holt and Bossler RAT can be applied to online


harassment.
•A similar test of malicious software infection found
that spending more time online engaging in
shopping, e-mailing, and chatting did not affect the
likelihood of receiving a virus or worm.

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Deterrence Theory (1 of 4)

•Deterrence theory argues that offenders commit


crime because they make a choice to do so.
–Like rational choice theory, this choice is based
on the perceived risks and benefits of
committing the criminal act.
–If the risks outweigh the benefits, the offender
will be deterred from the criminal act.

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Deterrence Theory (2 of 4)

• There are two types of deterrence:


–General
▪General deterrence seeks to deter would-be
offenders from committing criminal acts because of
the threat of punishment.
–Specific
▪ Specific deterrence is designed to impose a sanction
on a convicted offender in order to prevent him or
her from continuing to commit criminal acts in the
future.
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Deterrence Theory (3 of 4)

•There are several assumptions of deterrence


theory:
–Individual are rational actors.
–Offenders are aware of the penalty for a
particular crime.
–Offenders view these risks as unpleasant.
–Sanctions are swift, certain, and severe.

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Deterrence Theory (4 of 4)

• Computer criminals need to believe they will get


caught, that prison will be the punishment, and that
they should fear incarceration.
–If not deterrence is unlikely to be effective.
•Example: software and music piracy.

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Moral Development and Crime (1 of 2)

•These theories contend that there are differences


between the moral beliefs of criminals and non-
criminals.
•Specifically, these theories focus on cognitive
developmental.
•Cognitive development theory assumes that
individuals develop in a sequential manner.

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Moral Development and Crime (2 of 2)
Kohlberg's six stages of moral development:
Stage 1 – Punishment and Obedience Orientation Stage – right is obedience to
power and rules and avoiding punishment;
Stage 2 –Hedonistic orientation stage – seeing one’s own needs met, taking
responsibility for oneself, and allowing others to do the same;
Stage 3 – Interpersonal Concordance Stage – right is having good intentions and
motives, and being concerned for others;
Stage 4 – Law and Order Orientation Stage – right is doing one’s duty to society
and others, and maintaining the rules of society;
Stage 5 – Social Contract, Legalistic Orientation Stage – right is based on
upholding the rules and values agreed upon by society – a social contract;
Stage 6 – Orientation to Universal Ethical Principles Stage – right is an assumed
obligation to principles such as justice and equality which apply to all individuals;
the individual recognizes the moral rightness of behavior.

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Personality Disorders
• Personality disorders
–Personality refers to the emotional and behavioral
attributes of an individual.
–Psychologists argue that certain personality characteristics
of an individual may influence crime.
• Sheldon and Glueck noted several personality characteristics
conducive to crime, including:
▪ Extroversion, Impulsivity, Lack of self-control
▪ Resentment, Suspicion of others, Destructiveness
▪ Less fearful of failure, Ambivalence toward authority
▪ Assertiveness, Feeling unappreciated
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Pedophiles and Psychological Theory
• Psychological theory has attempted to explain pedophilia.
–It is unclear why a person becomes a pedophile
– Internet has provided a huge outlet for the
dissemination of child pornography.
–Most experts agree that pedophiles develop a sexual
interest over a long period of time.
–Many pedophiles have been exposed to some type of
sexual abuse or trauma during childhood.
–Process of learning, cognitive reinforcement, and
psychological development.
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Social Structure Theories
• As originally developed social structure theories focused on why
lower-class individuals are more likely to commit crime than middle-
and upper-class individuals.
– Through the years social structure theories have been modified
and expanded to explain criminal behavioral by all classes.
– This is important in the study of digital crime because many
offenders come from the middle and upper classes.
– Traditionally, these theories focus on socioeconomic conditions
and cultural values as two prominent factors that impact crime.
– Two major subtypes of social structure theory are discussed
including strain theory and subculture theory.

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Strain Theory

–Strain theories originally saw crime as a


result of a lack of opportunity, in particular
economic opportunity.
–The most prominent strain there is the one
presented by Robert Merton.

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Merton: Strain Theory (1 of 2)

–According to Merton the cultural goal of American


society is economic success.
–This goal is reached through accepted means such as
education, occupation, and deferral of gratification.
–The lower class has less access to education and good
jobs in order to reach economic success.
–Strain theory is sometimes called blocked opportunity
theory.

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Merton: Strain Theory (2 of 2)

• Therefore, there is a discrepancy between a person’s desire


to obtain economic success and his ability to do so. These
individuals suffer from strain.
• Merton's five modes of adaptation
–Conformity
–Ritualism
–Innovation
–Retreatism
–Rebellion

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Merton: Strain Theory

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White-Collar Crime and Strain Theory

•Contemporary strain theorists have sought to


extend strain theory in order to explain the
instrumental crimes of middle- and high-class
individuals by defining what they have termed the
"relative deprivation" experienced by person of
higher economic status.
•Individuals who are already successful perceive a
goal blockage of obtaining ever-increasing wealth.

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Agnew: General Strain Theory (1 of 2)

–GST was developed by Robert Agnew.


–GST attempts to explain why individuals who
feel stress and strain in their lives are more
likely to commit crimes.
–Agnew argues that crime is due to negative
affective stages including anger, frustration,
depression, disappointment, and fear.

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Agnew: General Strain Theory (2 of 2)

•According to Agnew, negative affective states are


caused by several different sources of strain.
–The failure to achieve positively valued goals.
–The disjunction between expectations and
achievements.
–The removal of positively valued stimuli.
–The presentation of negative stimuli.
•Explains cyberbullying and stalking.
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Social Process Theory

•Social process theories focus on the relationship


between socialization and crime.
–Specifically, these theories analyze the impact of
certain factors such as peer group relationships,
family relationships, and failure in school on
crime.

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Learning Theory

–According to learning theory, individuals commit


crime, including computer crime, because they
learn the attitudes, skills, and rationalizations
necessary to commit these acts.
–Many times this learning takes place in
interaction with parents and peers.

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Sutherland: Differential Association Theory (1 of 3)

–Sutherland argued that criminal behavior is a


function of learning, not the inability to obtain
economic success.

–He presented nine formal propositions that


demonstrate that social interaction and learning
leads to criminal behavior.

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Sutherland: Differential Association Theory (2 of 3)
• The nine propositions of differential association:
1. Criminal behavior is learned.
2. Criminal behavior is learned in interaction with other persons
in a process of communication.
3. The principal part of the learning of criminal behavior occurs
with intimate personal groups.
4. When criminal behavior is learned, the learning includes (1)
techniques of committing the crime, which are sometimes very
complicated, sometimes very simple, and (2) the specific
directions of motives, drives, rationalizations, and attitudes.

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Sutherland: Differential Association Theory (3 of 3)
5. The specific direction of motives and drives is learned from definitions of
legal codes as favorable or unfavorable.
6. A person becomes criminal because of an excess of definitions favorable to
violations of the law over definitions unfavorable to the violation of the law.
7. Differential associations may vary in frequency, duration, priority, and
intensity.
8. The process of learning criminal behavior by association with criminal and
anti-criminal patterns involves all the mechanisms that are involved in any
other learning.
9. While criminal behavior is an expression of general needs and values, it is
not explained by those, since noncriminal behavior is an expression of the
same needs and values.

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Akers: Social Learning Theory

• Sutherland did not explain how behavior is learned. Akers


attempts to do this with his Social Learning Theory.
• Grounded in four principle components
1. Differential association
2. Definitions
3. Differential reinforcement
4. Imitation

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Sykes and Matza: Techniques of Neutralization/Drift
Theory (1 of 2)

–Skyes and Matza argue that the process of


becoming criminal is a learning experience.
–According to the theory, most criminals hold
conventional values, norms, and beliefs, but
must learn to neutralize the values before
committing crime.
–These techniques of neutralization allow
individuals to drift into criminality and then back
into conventional behavior.
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Sykes and Matza: Techniques of Neutralization/Drift
Theory (2 of 2)

•The Five Techniques of Neutralization


1. Denial of responsibility
2. Denial of injury
3. Denial of victim
4. Condemnation of condemners
5. Appeal to higher loyalties
•This theory fits well with cyber piracy, and use of malicious
software and virus writing.
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Subcultural Theories

•A subculture is a set of values, norms, and beliefs


that differ from the dominant culture.
–The main tenet of subculture theory is that
criminals, including computer criminals, hold
values, norms, and beliefs that are in opposition
to those held in the dominant culture.
–Originally, subculture theories attempted to
explain gang formation and crime.

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Hackers and Learning Theories
•By rejecting the goals and opportunities of the
dominant culture, the hacker subculture provides
the context in which hackers situation their
actions.
•There are three consistent ideas or values that
guide hacker behavior:
–Technology
–Secrecy
–Mastery
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Virus Writers and Learning Theories

• Social structure theories are limited in their ability to


explain virus writers.
–Virus writers come from many walks of life and are
typically wealthy enough to afford the computer
machinery necessary to practice their trade.
–The reasons why virus writers write and propagate
viruses vary greatly.
–All virus writers share common learning experiences.

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Social Control Theory
• Social control theory seeks to answer the question "Why don't
individuals commit crime?"
– This theory assumes that people will violate the law.
– The answer lies in the strength of an individual's ties to
conventional individuals and society.
– Those who have close ties with their families and noncriminal
friends as well as those who possess high self-esteem are
unlikely to commit criminal acts. These individuals are bonded to
the larger society.
– Individuals who are not bonded to the larger social order are
free from constraints to violate the law.

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Gottfredson and Hirschi: Self-Control Theory

–Gottfredson and Hirschi argue that a person's tendency


to commit crime can be found in his or her level of self-
control.
▪ Self control involves a person's ability to control his
or her own behavior.
–Lack of self-control is caused by inadequate child
rearing.
–Individuals who lack self-control are more likely to view
online pornography, and piracy.

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Terrorism and Political Theory

•Terrorism is violence-or the threat of violence-


used in direct pursuit of, or in service of, a political
aim.
–Karl Marx theorized that political change could
not be achieved without conflict.
–The acts of terrorism aimed at critical
information infrastructure are new tactics used
to accomplish political change as defined by Karl
Marx.
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CLASS ACTIVITIES
• Open the class with a discussion of asking the students on their opinion of
why people commit crime. Write their responses on the white board.
– Next go through some of those responses and ask the students how each
explanation might explain cyber or computer crime.
– Students should see how some reasons might be better in explaining the
causes of computer crime verses traditional crime.
• Take a class vote: is criminal behavior a choice or is it learned?

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CLASS ACTIVITIES
Ask students to write down their habits with regards to their Phone/Computer. Questions to be answered:

1. Where do you keep your phone when you are not using it?

2. Does your Phone /Computer have a passcode to access it?

3. Do you write down your passwords in your Phone /Computer ?

4. Do you keep a virtual wallet with your credit cards or do online banking on your Phone/Computer ?

5. Do you use unsecure networks while out in public?

Now have students look at their responses and see how they apply to the three tenets of routine activities theory:

1. A motivated offender (e.g., a hacker)

2. A suitable target (e.g., a vulnerable computer system)

3. The absence of a capable guardian (e.g., inadequate software protection)

How secure are they feeling about their Phone /Computer security?

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