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Why 'Cyber Crime' Should Just Be Called 'Crime'

netzar writes "CAUSE executive director Neil Schwartzman, in a post on CircleID, urges governments and law enforcement to treat cyber crime as what it really is: 'crime': 'When someone is mugged, harassed, kidnapped or raped on a sidewalk, we don't call it "sidewalk crime" and call for new laws to regulate sidewalks. It is crime, and those who commit crimes are subject to the full force of the law. For too long, people have referred to spam in dismissive terms: just hit delete, some say, or let the filters take care of it. Others — most of us, in fact — refer to phishing, which is the first step in theft of real money from real people and institutions, as "cyber crime." It's time for that to stop... This isn't just email. This isn't a war. This isn't "cyber." This is crime.'"

37 of 368 comments (clear)

  1. As soon as they ... by Intron · · Score: 5, Insightful

    Great idea. It will happen about the same time that "white collar crimes" are treated the same as mugging or burglary.

    --
    Intron: the portion of DNA which expresses nothing useful.
    1. Re:As soon as they ... by RapmasterT · · Score: 5, Insightful

      and while we're at it can we get rid of the "hate" category of crime too? Personally I'm not much interested in someone's motivations for committing a crime, only the results and their actual actions. I'll even compromise and agree to ratchet the levels of punishment UP to the "hate crime" level for everything.

    2. Re:As soon as they ... by selven · · Score: 4, Interesting

      Personally I'm not much interested in someone's motivations for committing a crime

      So you don't care if someone's motivation for killing is self-defense?

      I don't support hate crimes either, but intent is, and should be, very important in determining the punishment for an action.

    3. Re:As soon as they ... by Intron · · Score: 4, Insightful

      Liberal as I am, Hate Crime still makes me uneasy too. So does convicting someone of conspiring to commit a crime that never actually took place.

      --
      Intron: the portion of DNA which expresses nothing useful.
    4. Re:As soon as they ... by spleen_blender · · Score: 2, Insightful

      Oh come on... you're nitpicking semantics. And love is not the opposite of hate anyway, apathy is. Which is what non- "racism motivated crime" et al. IS.

      Normal murder the person killing has apathy for the life of the other person. It is in the way of them obtaining what they want. Burglary, contract killing, gang wars, revenge, etc.

      HATE crime is committing the act not because you don't care who they are and they are an obstacle to your goal, but because THEY ARE THE GOAL.

      Can you really not see that distinction?

    5. Re:As soon as they ... by spleen_blender · · Score: 4, Insightful

      You're also ignoring the fact that hate crime has the intent of causing a chilling effect throughout a community IN ADDITION TO the direct harm caused to their target. It objectively causes more harm than normal non "hate" crime.

      You're a fucking brainiac.

    6. Re:As soon as they ... by clarkkent09 · · Score: 2, Insightful

      Come on, there is obviously a difference between intent to commit a crime and no intent. It is less easy to see a difference between murdering someone say to steal their money and murdering someone because they are homosexual.

      --
      Negative moral value of force outweighs the positive value of good intentions.
    7. Re:As soon as they ... by RyuuzakiTetsuya · · Score: 4, Interesting

      I agree. i'm a little uneasy charging someone for what amounts to a thought crime, but if you smash a synagogue's window in, vandalize the place, and spray paint swastikas all over the place or you kill a transvestite and carve "FAG" into their chest, it's *very* clear, then let's call it what it is, terrorism.

      --
      Non impediti ratione cogitationus.
    8. Re:As soon as they ... by formfeed · · Score: 4, Insightful

      can we get rid of the "hate" category of crime too?

      If a crime is not directed at only the actual victim but against a larger group of people, that intention -be it hate or the intention to intimidate- should be taken into account.

      I might not agree with how the label "hate crime" is used all the time, but it acts as a form of terrorism against minorities and should be treated as such.

    9. Re:As soon as they ... by AuMatar · · Score: 5, Interesting

      The idea behind hate crime is that its twofold.

      1)Kill your wife/parents/lover and there's a personal reason for killing that specific person. Kill for reason of skin color or religion and it's random-- anyone in that group is a possible next target. Due to this, the killer is more dangerous to the general population than a normal killer.

      2)There was a time when white men who killed black men in the south were almost always let off, due to the prejudice of the juries. This allowed the whites to be held accountable in federal court for federal crimes, and circumvented a corrupt localized system of justice. Obviously not a good long term solution for this, but it was a necessary short term one.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    10. Re:As soon as they ... by Anonymous Coward · · Score: 2, Insightful

      ALL crime has a chilling effect in the area it happens.
      A store gets robbed or a person gets shot, and you think they people are any less traumatized because it wasn't a "hate crime" ?!

      "They just came in and started shooting, but thank god it was a hate crime!"
      Now who's the fucking brainiac.

    11. Re:As soon as they ... by stevie.f · · Score: 5, Insightful

      Problem is, here (England) a hate crime is only when the race, religion, sexual orientation or disibility of the victim is a motivating factor.

      This makes me uncomfortable, because it makes attacking someone outside of a mosque because you have a problem with their religion somehow worse than attacking someone outside a sci-fi convention because you have a problem with geeks.

      In my mind this legitimises some kinds of hate. I'd be much happier if the whole hate crime thing was done away with, at least until someone figures out how to word it so that it's fairer and doesn't elevate only certain groups to having special 'victim' status'.

    12. Re:As soon as they ... by interval1066 · · Score: 2, Insightful

      Agreed. So-called "hate-crimes" sound too much like the crime-of-the-day. Who in fact defines what exactly a hate crime is? Is the murder of a black person more heinous that the killing of an Irishman? If so, why? Seems to me that murder is murder, and calling one a "hate-crime" puts more worth on some one's life due to their race or creed, which goes completely against the principal of a blind justice system.

      --
      Python: 'And then suddenly you have a language which says "we're all stuck with whatever the whiniest coder wants".'
    13. Re:As soon as they ... by HeronBlademaster · · Score: 2, Informative

      Since I happened to stumble on it during a brief foray on google, I thought I'd mention that the FBI reported that 16.8% of hate crimes in 2008 were committed against whites, and more hate crimes were committed against Christians than against Muslims (8.7% vs 7.5%). (I lumped Catholics and Protestants together for the anti-Christian percentage; it's possibly higher depending on what exactly "Protestant" means and what groups are included in the "anti-other religion" percentage.)

      So far I've found no evidence of a law stating hate crimes are not possible against a particular group of people, while I've found references to several laws that explicitly do not mention any particular group of people.

      If you meant to say that a prosecutor would find it difficult if not impossible to convince a jury that "he hates whites" or "he hates christians" was the motive for a murder, that's a separate issue entirely, and it's possibly true, but you said "according to the law", so...

    14. Re:As soon as they ... by sumdumass · · Score: 2

      The problem with your concept is that laws don't stop murders from happening. They only prescribe penalties for committing the murder and that's only if you are caught. If someone is caught after committing a murder, they are already up for life in prison or the death penalty. We can't really make them serve two life sentences or send them through the gas chamber twice.

      So lets take this to the next logical level with assault. You say the need is because they do it over and over again. Well, what if someone is just antisocial and had problems interacting with others, they are likely to assault people over and over, shouldn't those random strangers receive the extra protection too? Or is there some benefit that should only extend to the classes defined by hate crimes?

      Well, it doesn't particularly matter what you replied with because almost all states have laws that elevate the severity of one offense to the next level if not higher with repeated convictions. In my state, if I just walked over to you and punched you in the face, it would be a misdemeanor by itself carrying 6 months and a $1000 fine (even if I continued doing it repeatedly). If I assaulted you with a weapon, it would be aggravated- a minor felony offense (4th degree or class D as some jurisdictions name it). If I assaulted you in any way that would have caused serious harm, I would get the with aggravated classification added on too. IF I did any of that within two years of each offense, the misdemeanor would automatically become a felony, the felony 4 would become a felony 3, and if it happened again within 2 years of that, they would both become a felony 1. So repeat offenders are already punished with extra penalties in a practical way.

      With this knowledge, I'm not sure why we need hate crimes at all. Nothing I have seen about the justifications to date has offered anything that there wasn't already a law covering as the excuse. Maybe it's only to gain federal jurisdiction to seek the death penalty in areas that don't have one or do not enforce it? Maybe it's because some people think the protected classes are actually special or something? either way, both are wrong.

    15. Re:As soon as they ... by mywhitewolf · · Score: 2, Insightful

      So, you don't see a difference between, say, four guys lynching a black man just simply because he's black and ... oh, killing someone in a drunken barfight?

      i do, one is premeditated murder, the other is more than likely accidental manslaughter. reasons for a crime / excuses for crimes should only lessen the extent of punishment as required.

      hate crime shouldn't be considered the "next level" of crime because they have nothing to excuse their actions for it, its still "murder one" or whatever.

      how is me getting into a fight because you support the wrong football team any different to me getting into a fight with you because your black?

      also, in regards to self defense, I'm a firm believer in any amount of force is acceptable for any assault under self defense while the third party is still a threat. if you assault me by kicking? how do i know your not going to take it further with a stab wound after I'm on the ground or just stomping my head until I'm dead? i can attempt to defend myself but what if I'm physically smaller / weaker? your choices would be "defend myself to the letter of the law and probably get my Arse handed to me and i could end up dead" or "excessive force, and survive, hell, i didn't start it and i don't know what the person is capable of." those who start wars don't always get to decide how they end, and those who pick fights shouldn't be the ones who chose what scale it can be elevated to.

  2. Why 'Cyber Crime' Should Just Be Called 'Crime' by Yvan256 · · Score: 4, Insightful

    Because we're all fed up with the cyber-whatever headlines.

  3. Naive by loteck · · Score: 5, Insightful

    We call it cyber-crime because of the special skills and knowledge required to appropriately investigate and prosecute it. I really don't want a beat cop who makes arrests for street muggings responsible for investigating high-tech crime. Specially trained members of law enforcement will probably be required to enforce especially complex types of crime.

  4. But... but... by Qzukk · · Score: 2, Insightful

    What are our elected representatives going to do to convince us they deserve to keep being paid by our tax dollars if they can't make themselves look busy by making things illegaler?!?!

    --
    If I have been able to see further than others, it is because I bought a pair of binoculars.
  5. Call it what you want. It won't matter. by MarkvW · · Score: 4, Insightful

    Local cops generally don't care about contractual fraud unless you deliver a complete evidence package all tied up with a nice blue ribbon. They'll call it "civil" and blow you off.

    Only big cases get any attention.

    There is enough violence to keep the cops busy.

  6. Car analogy by The_mad_linguist · · Score: 3, Funny

    So, it's like saying that we shouldn't call people being shot from a car a "drive-by shooting" or someone being run over by a car a "hit-and-run"?

    Ack, this isn't working. BadAnalogyGuy, help me out here.

  7. Cyber by Prien715 · · Score: 4, Funny

    Cyber sex is sex! You can really get pregnant, not just cyber pregnant.

    Be sure to use a condom!

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    -- Political fascism requires a Fuhrer.
  8. Also Naive by betterunixthanunix · · Score: 5, Interesting

    Many modern criminal investigations require specialists. Rape, murder, arson, and so forth -- commonly investigated by specialists. Why should a crime that involves computers suddenly have a special category, when other forms of crime do not?

    --
    Palm trees and 8
    1. Re:Also Naive by _Sprocket_ · · Score: 2, Interesting

      Because cyber-crime doesn't refer to a mere specialized type of crime, but an entirely different paradigm. This new paradigm of crime not only requires completely new types of training and skill-building, it will require well-written and clear laws that don't yet exist if we're ever going to get out of the "wild west" in which we currently reside.

      New laws? Ahhh - I see. You're part of the problem.

    2. Re:Also Naive by _Sprocket_ · · Score: 2, Insightful

      How do you codify this better understanding? Write it into a law? Or do you just let each individual cop, prosecutor, judge, and jury apply their own 'better understanding'?

      Isn't that how it works now? Cop makes an arrest based on his interpretation of the law. Prosecutor decides if there is a case and then makes that case. Judge listens to the prosecutor's case and your lawyer's case, ensuring legal requirements are met and giving instructions to the jury. Jury makes a decision based on what they heard in court (and their own biases). A court ruling is given. A precedent is set. The next time this hits a court, that precedent will be referenced.

      While I appreciate the desire to improve our legal framework, the reality is that legal framework is rather ponderous and slow to catch up with the pace of technology. Laws take time to write. And they go through enough hands that your intent isn't always what gets codified. Laws are rarely cut-and-dry and often interpreted anyway. So what you end up with is a constantly out-of-date yet increasingly complex system of law full of loopholes and pitfalls that only an expert can hope to keep up with, much less understand.

  9. Crime doesn't pay by RLiegh · · Score: 2, Interesting

    But 'cyber crime' pays off in the form of increased profits, boosted ratings, legislation...

    Boogiemen are big business, as /. knows too well...

  10. Re:Now if we can get people to stop by santax · · Score: 2, Insightful

    When you are truly in an IT job, you are all of them. After you're done fixing the plumbing that is.

  11. In English, "x is foo crime" => "x is crime" by DragonWriter · · Score: 3, Insightful

    Others — most of us, in fact — refer to phishing, which is the first step in theft of real money from real people and institutions, as "cyber crime." It's time for that to stop...This isn't just email. This isn't a war. This isn't "cyber." This is crime.

    Should we also stop calling crime that affects property "property crime", and crime that involves violent acts "violent crime", and crime that involves criminal organizations "organized crime".

    Because, you know, all that is crime, too. In fact, as with "cyber-crime", the fact that it is crime is why it has "crime" in its name. Adding a more specific adjective to a noun doesn't negate the basic meaning of a noun.

  12. Re:gray area? by Monkeedude1212 · · Score: 2, Insightful

    What are you guys on about?

    Street crime is a loose term for criminal offences taking place in public places. It has commonly been used for the term mugging around here.

    There is a great distinction in Cyber Crime - like they mention phishing. If I had gone door to door pretending to be with your bank and requested any of your credit cards, you'd either be considered an idiot and/or I could be charged with some form of fraud. Fraud is it's own kind of Crime - it has it's own laws regarding it, why can't Cyber stuff be the same?

    I get what you're trying to say, people don't seem to take "Cyber Crime" as serious as regular crime, but they are very different, in many ways, and segregation already exists in other forms of Law.

  13. Re:Call it what you want. It won't matter. by newcastlejon · · Score: 4, Insightful

    There is enough violence to keep the cops busy.

    Don't forget all those damn kids and their "wacky baccy"!!!

    --
    If God forks the Universe every time you roll a die, he'd better have a damned good memory.
  14. Phishing / spam is a terrible example by dave562 · · Score: 3, Insightful

    There is absolutely nothing illegal about me turning to the person next to me and asking them for their banking credentials. The only difference is that if I do it in real life, they will laugh at me. If I do it on the internet, I am more likely to succeed.

    On another tangent here, the author misses the point. The real crime is that the banks make it too easy for someone other than the account holder to access the account. They make it too easy to get credit based on stolen credentials. The banks should demand token based authentication for online transactions. There are solutions that will send a one time PIN to a smart phone so a separate dongle isn't even necessary. The mechanisms for nearly bullet proof online commerce are available. The system is simply setup in a way that it is more affordable to write off fraud than it is to actively combat it.

    1. Re:Phishing / spam is a terrible example by geekoid · · Score: 2, Insightful

      You are more likely to succeed because when doing it online you can easily lie about who you are.
      If you set up a fake BofA bank branch, you could get a lot of bank credentials.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Phishing / spam is a terrible example by maxwell+demon · · Score: 2, Insightful

      There is absolutely nothing illegal about me turning to the person next to me and asking them for their banking credentials.

      If you claim that you are from his bank, I think it is.

      --
      The Tao of math: The numbers you can count are not the real numbers.
  15. How we got here by selil · · Score: 2, Interesting

    In the 1970s a court case in California during an evidence hearing had an interesting discussion. The evidence of an intellectual property case was bounced as the evidence was all digital in nature. How can you have a theft when you still possess the original? Several avenues were considered and the result were the first computer laws detailing crimes that happened on computers versus normal property thefts. Much abridged version, but this is basically a United States issue that isn't necessarily found in other countries as their property rights are considered differently. Though, the United States has managed to export many of the concerns along with the Internet. Much of this is detailed by Thomas Whiteside in a book called "Computer Capers" circa 1978,

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  16. Re:Ah, but there *is* "gun crime." by DragonWriter · · Score: 2, Insightful

    It seems to me that the distinction is then political in nature.

    All distinctions involving crime, including (perhaps most especially!) the distinction between "crime" and "not-crime", are political in nature.

  17. Don't add complexity by TiggertheMad · · Score: 4, Insightful

    It is less easy to see a difference between murdering someone say to steal their money and murdering someone because they are homosexual.

    Is there? Both cases the person is dead...Does someone who just killed a person for $5 in pocket change deserve to get less punishment, just because his motivations were different?

    In any event, the whole manslaughter/murder 1st/2nd/3rd provides more than enough granularity for sentencing purposes.

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  18. Re:gray area? by ArsonSmith · · Score: 2, Insightful

    In other places it may be grand theft auto, plus circumvention of an access control device (DMCA) with keys that have software chips in them.

    --
    Paying taxes to buy civilization is like paying a hooker to buy love.