Cyber Victimology New Chapter
Cyber Victimology New Chapter
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K. Jaishankar
I am very happy to be invited by the Editors of this Festschrift for Prof. Dr. Marc
Groenhuijsen. Marc has travelled (and is still travelling) with me, in a journey,
which I will always cherish. Notably, he was with me when I was a PhD Student
until I became a Full Professor and he still continues to be with me as a friend, phi-
losopher and guide.
   I first met Marc in the year 2000 (when I was a PhD Student), when he visited
the Department of Criminology, University of Madras, Chennai, India. Though our
meetings on those days were short, it was always fruitful in terms of knowledge
dissemination. Though we had more online interactions, we also interacted in a few
physical meetings at some significant victimology events (SASCV Jaipur, 2011;
WSV Hague, 2012; SCS Stockholm, 2012; SASCV Kanyakumari, 2013; WSV
Perth, 2015). In 2016, I became a Full Professor of Criminology and Head of the
Department at Raksha Shakti University, Gujarat, India and met him at Jindal
Some parts of this chapter are derived from earlier publications of the author: Jaishankar, K. (2012).
Victimization in the Cyber Space: Patterns and Trends. In S. Manacorda (Ed.). Cybercriminality:
Finding a balance between freedom and security (pp. 91–106). Milan, Italy: International Scientific
and Professional Advisory Council of the United Nations Crime Prevention and Criminal Justice
Programme (ISPAC). ISBN 978-88-96410-02-8 Jaishankar, K. (2013). Cyber Victimization: New
Typology and Novel Trends of Interpersonal attacks on the Internet. In Korean Institute of
Criminology (Ed.). Information Society and Cybercrime: Challenges for Criminology and
Criminal Justice (pp.  31–47). Seoul, Korea: Korean Institute of Criminology. Research Report
Series 13-B-01.ISBN 978-89-7366-002-5. Reproduced with permission.
K. Jaishankar (*)
School of Criminology and Crime Science (Block E), Raksha Shakti University (Police and
Internal Security University), Lavad, Gandhinagar, Gujarat, India
Global University, New Delhi for the 18th International Congress on Criminology
(December, 2016) and he rejoiced my success of becoming Full Professor.
   My interactions with Marc mentioned above are only some highlights. Our inter-
actions are unfathomable, and our academic relationship continues… Marc is one of
the pillars of my success in academia and with profound pride and gratitude, I would
mention that, “Marc has made an indelible mark on my life”.
Introduction
The internet has transformed many of our lives and now more people have started
inhabiting in cyber space. However, as any technology has the possibility to be mis-
used, internet is no different. Many of the dangers, threats, and annoyances that
plague society in general can also be found on the Internet. Internet has provided an
easy platform to offenders to perform various criminal activities in novel forms.
Added with this is the nature of patterns of anonymity protection shields offered by
various websites, which has helped the perpetrators to harass the victims in much
more shrewd fashion than in the offline crime scenarios. Whereas some crimes such
as illegally accessing victim’s private data, computer and computer networks and
modifying the content, defamation, etc. are done to harm the good reputation of the
victim, some other sorts of offenses like data theft, identity theft and even cyber ter-
rorism are also done for personal gain, besides harming the reputation of the victim
(Jaishankar 2012, 2013).
   Wall (2005, revised in 2010) has pointed out that the term cyber crime does not
necessarily denote those crimes, which are recognized in the penal codes, but the
media highlight this term. Wall (2001) has divided cyber crime into four categories:
1. Cyber-trespass – crossing boundaries into other people’s property and/or causing
damage, e.g. hacking, defacement, viruses; 2. Cyber-deceptions and thefts – steal-
ing (money, property), such as credit card fraud or intellectual property violations
(a.k.a. piracy); 3. Cyber-pornography; 4. Cyber-violence  – doing psychological
harm to, or inciting physical harm against others, thereby breaching laws pertaining
to the protection of the person, such as hate speech or stalking (Jaishankar
2012, 2013).
   Wall (2005, revised in 2010, p. 82) prefers to analyze cyber crime as crimes that
are mediated by computer networks and not necessarily crimes against machines.
He mapped impact of deviant behavior influenced by cyber crime from four angles:
	a.	 Crime against machines especially integrity-related crimes encourage opportu-
     nities like harmful trespass. This may further develop traditional crimes using
     computers, like phreaking and chipping; hybrid cyber crime (which are born as
     traditional crimes but are more developed due to cyber space) like cracking /
     hacking, virus attacks, hactivism, etc.; and true cyber crimes like sending spams,
     denial of services, information warfare and parasite computing.
1  Cyber Victimology: A New Sub-Discipline of the Twenty-First Century Victimology     5
crime raises conceptual complexities (Smith et al. 2004). Matt’s (2004) definition of
cyber crime gave a holistic focus on cyber crime from an offense perspective:
    Cyber crime encompasses all illegal activities where the computer, computer system, infor-
    mation net work or data is the target of the crime and those known illegal activities or
    crimes that are actively committed through or with the aid of computers, computer systems,
    information networks or data (p. 22).
    The human element of cyber crime was included by the Convention on Cyber
Crime (Council of Europe 2001). The Convention on Cyber Crime was one of the
first legislation to think in the direction of humans while most of the definitions
were concentrating on the machines (Halder and Jaishankar 2012). The Convention
on Cyber Crime (Council of Europe 2001) included offences against children and
“attacks on human emotions, banning usage of ‘improper words’ in the cyber space.
This was originally meant to prevent usage of derogatory words, which may pro-
mote terrorism, danger to national security and/or racial hatred” (Halder and
Jaishankar 2012, p. 14). The Convention on Cyber Crime also helped the law mak-
ers and the academics to change their earlier perspective on cyber crimes “i.e.,
everything is hacking or attack at e-commercial transactions. This drift helped to
include emotional attack on internet users as offense and transmuted to a more
advanced approach to look at it from individual victim’s perspective” (Halder and
Jaishankar 2012, p.  14). It was Wall’s (2008) definition of cyber crime that first
included ‘harm’ as a component. Wall (2008) explained cyber crime as “online inse-
curity and risk and it is widely used today to describe the crimes or harms that are
committed using networked technologies” (p. 862). The inclusion of ‘harm’ gave a
new focus to cyber crimes as it was inclined more to crimes against human emotions
like stalking, harassing and bullying. Even though there were many definitions of
cyber crime beyond Wall’s (2008) definition, only Halder and Jaishankar’s (2012)
definition on cyber crime had the victimization perspective:
    Offences that are committed against individuals or groups of individuals with a criminal
    motive to intentionally harm the reputation of the victim or cause physical or mental harm
    to the victim directly or indirectly, using modern telecommunication networks such as
    Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)
    (p. 15).
    The types of cyber crimes that are included in the above definition are: hacking, morphing,
    spoofing, tampering the computer sources, obscene publication, trojan attacks, phishing,
    cyber stalking, cyber pornography, cyber defamation, cyber bullying, e-mail harassment,
    cyber blackmailing, cyber threatening, cyber murder, cyber terrorism and abetment of such
    offences (Halder and Jaishankar 2012, p. 15).
As it is common with the public to think that cyber crime only means hacking (Yar
2006), it is to be noted that most of the scholars (Burgess-Proctor et al. 2010; Finn
2004; Hinduja and Patchin 2005, 2007, 2008, 2009, 2012; Landoll 2012; Li 2007;
1  Cyber Victimology: A New Sub-Discipline of the Twenty-First Century Victimology   7
Lipton 2011; Perreault 2011; Şahin et al. 2012; Sakellariou et al. 2012; Schiller and
Gradinger 2013), excluding few (Alshalan 2006; Halder and Jaishankar 2008, 2009,
2011, 2015; McQuade 2009; Ngo and Paternoster 2011; Roberts 2008, 2009), are of
the opinion, that cyber crime victimization equates to cyber bullying / cyber stalking
victimization. A Google Scholar search will also make this clearly evident. While
someone searches for cyber victims or cyber victimization in Google Scholar, the
studies shown are mostly on cyber bullying and cyber stalking/harassment.
Victimization is nothing but the other side of the coin. It is like viewing from the
other side of the river. So branding only cyber bullying/stalking as victimization and
not including other types of cyber crimes in the victimization perspective is not cor-
rect. Also it is found that whenever cyber victimization is analyzed, it is only exam-
ined from an individual perspective and not from a mass or system perspective. Not
only individuals can be victimized by cyber crime but also the governments and
corporations and society as well are victimized by cyber crime. The following vic-
tim typology tries to break the conventional perception of scholars towards cyber
victimization.
    •	   Child Pornography
    •	   Victimization in the social networking sites
    •	   Identity related cyber crime
    •	   Victims of Virtual environments
    •	   Scam victims (419, Lottery and Advance Fee Fraud, Phishing, Phreaking)
    •	   Victims of Social Engineering
    •	   Victims of content theft (blogs articles etc)
	4.	 Victimless Crimes
    •	   Sexting
    •	   E-Prostitution
    •	   Sex chatting
    •	   Internet Addiction Disorder (IAD) / Online Addiction
    •	   Online Pornography
    •	   Online Gambling
There are many instances in the physical space crimes such as harassment and abuse
where the victims turn into offenders. Most of these cases pertain to children and
women, and a small body of growing literature is available on victim-offender over-
lap (Briggs 2003; Broidy et  al. 2006; Jennings et  al. 2010; Jennings et  al. 2011;
2012; Klevens et  al. 2002; Lauritsen and Laub 2007; Mustaine and Tewksbury
2000; Rumgay 2010; Shaffer 2003). Notably, online victim-offender overlap is a
modern phenomenon (Umarhathab et al. 2009) and of late we could find instances
where some victims have turned into offenders. I have come across cases which
come to our Centre for Cyber Victim Counselling (an online counseling centre and
NGO for victims of cyber crimes founded by Debarati Halder and me in 2009; more
details are at www.cybervictims.org) where there are many requests from the vic-
tims seeking our assistance to hack the offenders email accounts or social network-
ing site accounts. When we disagree citing our policy of non-interfering in others
online accounts, they tend to move to professional hackers (Halder and Jaishankar
2012). However, we have tried to change their outlook to a certain extent, online
victims try to take revenge by becoming offenders.
   In cases of money mules, who are recruited by the online offenders in the guise
of providing a legitimate job, they “receive bad checks and write good ones and as
(albeit perhaps innocent) co-conspirators are not protected” (Florêncio and Herley
2010, p. 4) by the laws of any country. Suresh and Paul (2010) assert that all money
mules are not innocent. “Contrary to popular belief, mules are not innocent people
1  Cyber Victimology: A New Sub-Discipline of the Twenty-First Century Victimology   9
tricked into illegal business. They are typically mercenary volunteers with scant
respect for the law – and for this very reason, they are turning professionals” (Suresh
and Paul 2010, p. 498). Suresh and Paul’s (2010) argument is further strengthened
by the 2011 survey of Financial Fraud Action UK (2011) and the National Fraud
Authority (NFA) among the residents of Newham in East London. This survey
found that 27 percent of victims of money mule schemes did not know that it is
illegal and 87 percent did not report to police.
It has also been found that some of the victims have precipitated (caused) their own
cyber victimization. While in physical space people tend to follow certain safety
norms, they tend to ignore the same while they are in the cyberspace. In cases of
phishing and money mules, it is the victims’ greed and innocent nature that the
cyber criminals exploit. Many internet savvy users become victims of virus attacks
because of their reckless nature of visiting pornographic sites and using torrents to
download films, songs and other files. Norton’s (2011) first ever large scale research
on cyber victimization found that 80 percent of their respondents became victims
because of watching adult materials, online. Some of the internet users are not con-
cerned about issues of privacy in social networking sites and become victims
(Halder and Jaishankar 2009). They upload photographs exhibiting their intimacy
with their girlfriends/boyfriends. Sometimes these photographs are used by black-
mailers or sometimes they are morphed for blackmailing.
    In many cases of Nigerian 419 scams, the victims were very greedy and some
even have gone to the extent of selling their own houses purportedly to receive a
huge sum of money from the offender. Apart from exploiting the greedy nature of
the victims, cyber offenders also exploit the fear of the victims, especially, using
scareware (Federal Bureau of Investigation 2012). “By playing to Internet users’
fears that computers and information can be at risk, cybercrooks have been able to
gain unprecedented access to machines while making hundreds of millions of dol-
lars” (McAfee 2011, p. 7).
    Research on victims of cyber attacks of a university network by Michel Cukier
and David Maimon, both from the University of Maryland, USA, found that the
victims expose themselves to cyber attacks and they precipitate their own victimiza-
tion. Their study applied routine activity theory and found that the “campus was
more cyber-attacked during business hours than during down times like after mid-
night and on weekends” (Eddy 2011, para 3).
    Also the genuineness of some of the victims is questionable. The Norton study
(2011) argues that the anonymous nature of the internet provides an opportunity to
do illegal activities online which they might not do in the physical space. This sup-
ports my Space Transition Theory of Cyber Crimes (Jaishankar 2008). The Norton
study shows that the victims are sometimes involved in illegal activities like down-
loading music and film files without paying, plagiarism, engaging in forms of online
10                                                                       K. Jaishankar
theft, misrepresentation, and defacement. Also some victims do not request permis-
sion from others to take their photographs from social networking sites. The Norton
study found that nearly 80 percent of respondents became victims because of lack
of genuineness.
In the recent past, smartphones like iPhone and BlackBerry have created a revolu-
tion in the society. In addition to that, the introduction of new gadgets like iPad,
tablets, and Android phones has changed the dimensions of information exchange.
These mobile phones are no more mere phones; they are computers or extension of
computers (House of Commons, UK 2012, p. 13). The mobile phones have great
advantages and many a times it ensures the safety of an individual (Nasar et  al.
2007). However, these mobile phones also put individuals in danger. With the provi-
sion of Bluetooth, wireless and internet connection in these phones provides the
same chance of victimization as of the users of the computers with internet
connection.
   “The McAfee Threat Report for the third quarter of 2011 showed that mobile
phone malware had doubled since 2009 and that the majority of new malware on
mobile platforms had been targeted at Android phones” (House of Commons, UK
2012, p. 5). The Norton study (2011) found that 80 percent of the male respondents
who use mobile phones have become victims of cyber crime. Also bullying through
mobile phones has increased to a great extent (Campbell 2005; Kumar and
Jaishankar 2007; Erentaitė et al. 2012). Research on child sexual exploitation in the
UK found that the offenders initially victimize the children on the internet via com-
puters; later, they move on to mobiles, especially smartphones to victimize the chil-
dren. This methodology is also used for victimizing adults (Policy, Research &
Media 2012).
In the new millennium, there is a steep rise of children and teens using the Internet.
They are more skilful than the adults in using the internet and mobile phones. They
grasp the technology faster than adults and even become teachers of older persons
in the usage of mobile phones and the internet. However, the same knowledge of the
internet and mobile phones puts them in danger. Online predators may exploit their
curiosity to understand many things, including sex (Wolak et al. 2008) and many
children and teenagers become victim of cyber crimes. Wolak et al. (2006) study on
online victimization of youth found that youth are susceptible to victimization and
1  Cyber Victimology: A New Sub-Discipline of the Twenty-First Century Victimology   11
they become victims of online sexual solicitation. A new study in the UK found a
steep rise in online grooming for sexual exploitation since 2010. The study found
that the victims were groomed via mobile phones and social networking sites such
as Facebook, Orkut, and Twitter (Policy, Research & Media 2012).
   Alternatively, recent research found that youth and children have become more
aware of their victimization online and there is a reduction of online sexual solicita-
tion (Jones et  al. 2012). Though there may be a diminutive rise of awareness of
cyber crime among a section of children and youth in the internet, still there are
potential victims who are newer to the cyber space.
   Also, sexting, a new form of cyber crime in which a teen is both the offender as
well as the victim, has created further victimization of children online. Sexting,
though considered as a victimless crime (Jaishankar 2009a, b), brings in more
potential victims online (Ngo et al. 2017). Recent research on sexting and personal
victimization (Reyns et al. 2011) found that sexting not only makes them victims of
sexting, but it makes them victims of several forms of online victimization.
The risk taking behavior of men in the physical space and the vulnerability of
women in the physical space are the same in the cyber space. However, the patterns
of victimization in the cyber space show a differential aspect. The Norton study
(2011) suggests that men are more susceptible to victimization than women as they
take the risk of visiting pornographic sites and gambling sites and talking with
strangers. The study found that 72 percent of men have become victims compared
to 65 percent of women. “Men are also more vulnerable because nearly four times
more men than women view adult and pornographic sites, while twice as many
gamble online and go online dating” (Limsamarnphun 2011, para 4). The Norton
study also found that men between 18–31 age groups who spend more time on the
internet are vulnerable to victimization.
   When it comes to online women victims, they are more vulnerable to be a victim
of cyber crime and also the impact of victimization is more on them compared to
men. Especially women are prone to online harassment and stalking (Desai and
Jaishankar 2007). This aspect is different when compared to men as they are not that
much harassed or stalked online (Halder and Jaishankar 2012). Men become online
victims because of their risky behaviour, but women become victims because of
their mere presence online. Cyber stalking statistics (2010) of Working for Halting
Online Abuse (WHOA) shows that there is an unequal ratio of men and women
victims as well as harassers. Among 349 victims, 73% are women and 27% are
men; whereas, 44.5% of harassers were men and 36.5% of harassers were women
(Halder and Jaishankar 2012). Comparatively, fewer women than men report their
online victimization to police. Clear statistics of online victmization of women are
not available. Also the impact of victimization on women is different than men.
Cyber crimes create a deeper wound in women (Halder and Jaishankar 2008; 2012).
12                                                                                     K. Jaishankar
Halder and Jaishankar (2012) explain the impact of online victimization on women
compared with men:
     When a man’s email id or private data stored in websites and also personal computers are
     accessed and modified in an unauthorized way, he can afford to live on by informing the
     police and his acquaintances. Indeed his reputation may be marred due to misuse of the
     personal data. Unlike a woman victim, he may not be subjected to gross humiliation by the
     society as a whole; he may neither be reduced to a mere ‘sex item’ like his female counter-
     part. His victimization may be judged only from the perspective of economic losses. On the
     contrary, a woman who may have turned into a victim may be ostracized by the society.
     Unlike her male counterpart, she may not be able to take the online humiliation so easily; it
     may engulf her with the feeling of shame and hatred for herself (p. 5).
Since Wall’s categorization of cyber crimes in four sectors in 2005, trends and
typology of cyber crimes are growing. Revenge porn, vishing and smishing, vamp-
ing, etc. are some of the examples. Further, as can be seen from the ISIS example,
the concept of cyber terrorism is also undergoing gross changes. Fundamentalists
no longer restrict their terror activities to mass attacking the protected systems or
injecting a virus; they openly challenge the freedom of speech and expression laws
and basic human rights by way of depicting violent images. They have their own
websites and servers which can operate independently. They are using internet
giants like Google, Yahoo, Facebook, etc. to spread their messages to the masses.
Similarly, scammers and fraudsters are also expanding their operative mechanism
through e-corporate portals, social networking sites, etc. There is a need to restruc-
ture the profiles of types of cyber victimization on the basis of the above such under-
pinning issues (Jaishankar and Halder Forthcoming).
    Further, it needs to be noted that the profiles of the victims are also changing. The
data contribution by the internet users (including government, corporate sectors and
private individuals) and internet companies allure cyber criminals to do more crimi-
nal activities. Consider the examples of Google Maps or Google Glass; the applica-
tions pose threats to privacy in numerous ways. The victims of such privacy
infringement can be either the government or the private individual or even the
corporate sectors. Also, consider the case of Wikileaks; the whistle blower has
turned into a fugitive due to his changed status as ‘criminal’. But at the same time,
his security and privacy is jeopardized due to constant virtual as well as real life
surveillance. Similarly, revenge porn victims may have to suffer due to their own
contribution of the sexted images. There is an imperative need to study the profiles
of cyber victims from this light (Jaishankar and Halder Forthcoming).
    Based on the above issues, I proposed a new sub-discipline of Victimology,
Cyber Victimology in my keynote speech at the 15th International Symposium of the
World Society of Victimology (WSV) at Perth, Western Australia held during 5–9,
July 2015. I coined the term “Cyber Victimology” and I defined cyber victimology
as “the study of forms of online victimization, its impact on victims, and responses
of society and systems” (Jaishankar 2015).
    Cyber Victimology or the Victimology of cyber crimes becomes an essential
project due to the imminent need for understanding of the subject from theoretical
as well as practical aspects. Victims’ rights in the cyber space still need to be codi-
fied in many jurisdictions. Such rights are largely governed by the privacy rights of
individuals in the real space in many jurisdictions. But this right is again not clearly
explained in many countries. Further, the right to privacy is constantly breached due
to the State’s right to surveillance. Right to privacy is also affected by the ever grow-
ing notions of freedom of speech and expression on the internet. Even though vic-
tim’s rights in the cyber space can be secured by taking up measures that are
promised by ‘right to be forgotten’, the same is still not properly explained in the
14                                                                        K. Jaishankar
Conclusion
The trends of cyber crime victimization have given a new dimension to the contem-
porary cyber victim behaviour analysis. It has changed the conventional perspective
of victimologists, criminologists, police and criminal justice officials towards cyber
crimes, criminal behaviour and victims. Moreover, the complexities involved in the
investigation of cyber crime victimization have brought a new culture among police
agencies. The cyber crime victimization has made law enforcers to be more techno
savvy than before. It has become a situation like; either learn technology or leave it
to the technocrats. Also as the criminal justice system needs to deliver justice to the
victims of cyber crimes, new laws are promulgated in almost all the countries
(Halder et al. 2013; Jaishankar and Halder Forthcoming).
    Cyber crime victims have not received the same attention by the media, criminal
justice system and academics as that of the cyber crime offenders (Wall 2005). The
reason is that the victims do not provide the kind of novelty the offenders provide.
The victims of cyber crimes are not much more unique than the victims of conven-
tional crimes, though, they have some distinctive characteristics. They may have
created a trap for themselves on the internet and hence they become engulfed in
shame, trauma as well as self-hatred. The victims cannot be bounded in any particu-
lar age group, nationality, race, religion; they can be children, teenagers, males,
females, even aged net surfers or even persons who may be oblivious of the fact that
s/he is being attacked in the internet, by fake mails. Adequate attention to these
victims from the criminal justice officials as well as victim service providers is
needed. Also research on these victims is most needed. It will help to prevent and
mitigate further victimization and provide policy directions to the governments
(Jaishankar and Halder Forthcoming). The current status of cyber crime victimiza-
tion needs to be holistically studied in detail and I believe the proposed sub-
discipline of victimology, “Cyber Victimology”, will be ready to lend a hand in this
direction.
1  Cyber Victimology: A New Sub-Discipline of the Twenty-First Century Victimology                15
Acknowledgement  I sincerely thank Prof. Dr. Debarati Halder for her inputs and constructive
criticisms that greatly enhanced the quality of this chapter.
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16                                                                                 K. Jaishankar
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