Law and Crime in CyberSpace
There are Two Major Categories of Cyber Crime:
Crime in which the computer is a target
Examples include denial of services, alteration or theft of data, theft of the computer, hacking/cracking, spamming, etc
Crime in which the computer is an instrument of crime
Examples include hate crimes on the internet, child pornography, cyber stalking, embezzlement via electronic funds transfers, identity theft, etc
Like crime in the bricks and mortar world, crime in CyberSpace needs to be regulated. It can be regulated either through self-regulation by the 'citizens' and the corporations that make up the internet or it can be regulated through external agencies. A form of self-regulation in the bricks and mortar world could be 'neighborhood watch' programs and hot lines for anonymous tips and reports. In contrast, courts, corrections, official law enforcement agencies and regulatory agencies provide the majority of law enforcement and crime control activities in the bricks and mortor world. Without these official agencies, our bricks and mortar world would likely regress to the vigilantism of the Wild Wild West.
In CyberSpace there is a debate about whether the internet should be regulated by 'bricks and mortar' laws and agencies. The aregument is that, in cyber space, there are no geographical boarders which, in turn, may make it impossible for a nation or state to legitimately regulate what is not within their boarders. While this argument might once have had merit, today's world is a much smaller planet. For example, the rapid and easy international travel, new technology that facilitates international communication has lead to large scale international trade which, in turn, has generated mechanisms of 'regulating' across national boarders. For example, i the doctrine of comity has developed in international law whereby nations will extend certain courtesies to other nations particularly by recognizing the validity and effect of their executive, legislative and judicial acts. Another example of international legal collaboration includes treaties between nations.
Currently, in the United States, the Internet consists of a hybrid regulatory system. There are official laws that regulate internet behavior, 'bricks and mortor' criminal justice agencies do get involved in sorting out disputes. For example, if a person receives death threats via email, a 'bricks and mortar' police agency will become involved. If a person embezzles money via electronic funds transfer, that person will be tried in a 'bricks and mortar' court. Similarly, there are laws that regulate internet activities such as laws against child pornography. In addition to 'bricks and mortar' regulation, the citizens and businesses on the Internet also provide regulation and 'law enforcement. For example, a person who is being cyber-stalked via email can contact their InternetServiceProvider or email provider who can take action which can include having that person's email services rescinded