Cyber Crimes
Authors: B. Marvis
Venue:  (1999)

From the Book:We live with crime and images of crime all around us. Crime evokes in most of us a deep aversion, a feeling of profound vulnerability, but it also evokes an equally deep fascination. Today, in major American cities the fear of crime is a major fact of life, some would say a disproportionate response to the realities of crime. Yet the fear of crime is real, palpable in the quickened steps and furtive glances of people walking down darkened streets. At the same time, we eagerly follow crime stories on television and in movies. We watch with a "who done it" curiosity, eager to see the illicit deed done, the investigation undertaken, the miscreant brought to justice and given his just deserts. On the streets the presence of crime is a reminder of our own vulnerability and the precariousness of our taken-for-granted rights and freedoms. On television and in the movies the crime story gives us a chance to probe our own darker motives, to ask "Is there a criminal within?" as well as to feel the collective satisfaction of seeing justice done. Fear and fascination, these two poles of our engagement with crime, are, of course, only part of the story. Crime is, after all, a major social and legal problem, not just an issue of our individual psychology. Politicians today use our fear of, and fascination with, crime for political advantage. How we respond to crime, as well as to the political uses of the crime issue, tells us a lot about who we are as a people as well as what we value and what we tolerate. Is our response compassionate or severe? Do we seek to understand or to punish, to enact an angry vengeance or to rehabilitate and welcome the criminal back into our midst? The CRIME,JUSTICE, AND PUNISHMENT series is designed to explore these themes, to ask why we are fearful and fascinated, to probe the meanings and motivations of crimes and criminals and of our responses to them, and, finally, to ask what we can learn about ourselves and the society in which we live by examining our responses to crime. Crime is always a challenge to the prevailing normative order and a test of the values and commitments of law-abiding people. It is sometimes a Raskolnikovlike act of defiance, an assertion of the unwillingness of some to live according to the rules of conduct laid out by organized society. In this sense, crime marks the limits of the law and reminds us of law's all-too-regular failures. Yet sometimes there is more desperation than defiance in criminal acts; sometimes they signal a deep pathology or need in the criminal. To confront crime is thus also to come face-to-face with the reality of social difference, of class privilege and extreme deprivation, of race and racism, of children neglected, abandoned, or abused whose response is to enact on others what they have experienced themselves. And occasionally crime, or what is labeled a criminal act, represents a call for justice, an appeal to a higher moral order against the inadequacies of existing law. Figuring out the meaning of crime and the motivations of criminals and whether crime arises from defiance, desperation, or the appeal for justice is never an easy task. The motivations and meanings of crime are as varied as are the persons who engage in criminal conduct. They are as mysterious as any of the mysteries of the human soul. Yet the desire to know the secrets of crime and the criminal is a strong one, for in that knowledge may lie one step on the road to protection, if not an assurance of one's own personal safety. Nonetheless, as strong as that desire may be, there is no available technology that can allow us to know the whys of crime with much confidence, let alone a scientific certainty. We can, however, capture something about crime by studying the defiance, desperation, and quest for justice that may be associated with it. Books in the CRIME, JUSTICE, AND PUNISHMENT series will take up that challenge. They tell stories of crime and criminals, some famous, most not, some glamorous and exciting, most mundane and commonplace. This series will, in addition, take a sober look at American criminal justice, at the procedures through which we investigate crimes and identify criminals, at the institutions in which innocence or guilt is determined. In these procedures and institutions we confront the thrill of the chase as well as the challenge of protecting the rights of those who defy our laws. It is through the efficiency and dedication of law enforcement that we might capture the criminal; it is in the rare instances of their corruption or brutality that we feel perhaps our deepest betrayal. Police, prosecutors, defense lawyers, judges, and jurors administer criminal justice and in their daily actions give substance to the guarantees of the Bill of Rights. What is an adversarial system of justice? How does it work? Why do we have it? Books in the CRIME, JUSTICE, AND PUNISHMENT series will examine the thrill of the chase as we seek to capture the criminal. They will also reveal the drama and majesty of the criminal trial as well as the day-to-day reality of a criminal justice system in which trials are the exception and negotiated pleas of guilty are the rule. When the trial is over or the plea has been entered, when we have separated the innocent from the guilty, the moment of punishment has arrived. The injunction to punish the guilty, to respond to pain inflicted by inflicting pain, is as old as civilization itself. "An eye for an eye and a tooth for a tooth" is a biblical reminder that punishment must measure pain for pain. But our response to the criminal must be better than and different from the crime itself. The biblical admonition, along with the constitutional prohibition of "cruel and unusual punishment," signals that we seek to punish justly and to be just not only in the determination of who can and should be punished, but in how we punish as well. But neither reminder tells us what to do with the wrongdoer. Do we rape the rapist, or burn the home of the arsonist? Surely justice and decency say no. But, if not, then how can and should we punish? In a world in which punishment is neither identical to the crime nor an automatic response to it, choices must be made and we must make them. Books in the CRIME, JUSTICE, AND PUNISHMENT series will examine those choices and the practices, and politics, of punishment. How do we punish and why do we punish as we do? What can we learn about the rationality and appropriateness of today's responses to crime by examining our past and its responses? What works? Is there, and can there be, a just measure of pain? CRIME, JUSTICE, AND PUNISHMENT brings together books on some of the great themes of human social life. The books in this series capture our fear and fascination with crime and examine our responses to it. They remind us of the deadly seriousness of these subjects. They bring together themes in law, literature, and popular culture to challenge us to think again, to think anew, about subjects that go to the heart of who we are and how we can and will live together. There has never been, nor will there ever be, a society without crime. As society changes, crime changes. As society develops, crime develops. New technologies bring new opportunities for criminality. This is as true in regard to computers as it has been with any other technological advance. Cyber Crimes brings to this subject a clear-eyed view of the underlying issues in the linkage of crime and computers. It points especially to the need to protect values such as security and privacy that traditionally have been enormously important in American society, and suggests that the computer has had the paradoxical impact of democratizing crime. It takes up in a convincing way the particular dangers associated with pornography and "cyber terrorism." In so doing, this book shows how a new class of criminals is drawn to computer crime and how traditional kinds of crime are adapted to new realities. It provides a stimulating series of portraits of cyber criminals, all the while raising a series of provocative questions: Are cyber crimes simply old crimes committed using a new technology? Which areas of the criminal law are most important in regard to cyber crimes? Do we need to develop new laws? Are the existing categories of criminality adequate to the new threats? Is cyber crime really just a sub-category of white-collar crime, as is suggested in the conclusion, or is there something entirely new in play? And, in the end, this book allows us to pose new questions about law enforcement, such as how are computers themselves changing the way we go about enforcing the law and dealing with cyber crimes? It is a fascinating and stark reminder of both the adaptability and ingenuity of crime and criminals.