NCJ Number
210494
Journal
European Journal on Criminal Policy and Research Volume: 10 Issue: 4 Dated: 2004 Pages: 309-335
Date Published
2004
Length
27 pages
Annotation
After explaining and analyzing "spamming" behavior through the Internet, this article explores the boundaries between relevant law and code (technology) as governance in order to fuel and inform the debate over the embedding of cybercrime prevention policy within the code itself.
Abstract
Part I of the article conceptualizes spam as not just a nuisance for Internet users but as a crime against users, since the process of spam list-building not only involves the theft of information about the target but also the facilitation of other offenses by enabling spammers to engage with Internet users against their will. Part II examines ways of controlling spam by addressing the tension between the legal and technological tactics for countering spam. It shows that although law and attempts at its enforcement have failed to stem the prevalence of spam, technological countermeasures apparently have been effective in identifying and deleting spams en route to the recipient. Although this has reduced the amount of spam that reaches Internet users, it has not eliminated spam entirely. Moreover, the decision to intercept spam apparently is based on scientific considerations that have not been subjected to critical debate that leaves the choice about what to receive with the user. Based on the work of Lessig et al. (1999) and Greenleaf (1998), this article explores the relationship between the law, the "codes" that create the architecture of the Internet, social norms, and the opportunities created by the market. Of specific interest is the capacity of these "four modalities of constraint" to shape criminal behavior. This article argues that a multidisciplinary "digital realist" approach is required to control undesirable behavior on the Internet, an approach that engages with the transformative impacts of the Internet. 2 tables, 1 figure, and 49 references