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Violent Victimization in Cyberspace: an Analysis of Place, Conduct, Perception, and Law

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Violent Victimization in Cyberspace: an Analysis of Place, Conduct, Perception, and Law Violent Victimization in Cyberspace: An Analysis of Place, Conduct, Perception, and Law by Hilary Kim Morden B.A. (Hons), University of the Fraser Valley, 2010 Thesis submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts IN THE SCHOOL OF CRIMINOLOGY FACULTY OF ARTS AND SOCIAL SCIENCES © Hilary Kim Morden 2012 SIMON FRASER UNIVERSITY Summer 2012 All rights reserved. However, in accordance with the Copyright Act of Canada, this work may be reproduced, without authorization, under the conditions for “Fair Dealing.” Therefore, limited reproduction of this work for the purposes of private study, research, criticism, review and news reporting is likely to be in accordance with the law, particularly if cited appropriately. Approval Name: Hilary Kim Morden Degree: Master of Arts (School of Criminology) Title of Thesis: Violent Victimization in Cyberspace: An Analysis of Place, Conduct, Perception, and Law Examining Committee: Chair: Dr. William Glackman, Associate Director Graduate Programs Dr. Brian Burtch Senior Supervisor Professor, School of Criminology Dr. Sara Smyth Supervisor Assistant Professor, School of Criminology Dr. Gregory Urbas External Examiner Senior Lecturer, Department of Law Australian National University Date Defended/Approved: July 13, 2012 ii Partial Copyright Licence iii Abstract The anonymity, affordability, and accessibility of the Internet can shelter individuals who perpetrate violent acts online. In Canada, some of these acts are prosecuted under existing criminal law statutes (e.g., cyber-stalking, under harassment, s. 264, and cyber- bullying, under intimidation, s. 423[1]). However, it is unclear whether victims of other online behaviours such as cyber-rape and organized griefing have any established legal recourse. Examples of virtual violence in social networking sites, immersive games, and metaverses are critically examined against the backdrop of cyberspace as place, psychology of the constructed persona, and violations of trust online. These examples are then discussed with reference to current criminological theory and relevant Canadian and American legislation Keywords: cyber-stalking, cyber-bullying, cyber-rape, cyber-assault, online victimization, Internet violence, victims, perpetrators iv Dedication For Granny Evelyn Fingarson, who always saw the bright side and for whom the words “this cannot be done” were meaningless. You taught me well. v Acknowledgements In my attempt to “capture Niagara Falls in a test tube” I am immensely grateful to my supervisors, Dr. Brian Burtch and Dr. Sara Smyth for guiding me from a loose collection of thoughts and ideas to a more coherent, structured, and forceful argument. I would also like to thank my external examiner, Dr. Gregor Urbas, for asking the hard questions, and Yolanda Koscielski, Liason Librarian (Criminology, Computing Science, and Engineering Science) for her unflagging willingness to help me find the answers to my obscure and sometimes incomprehensible research questions. This thesis was supported by research funding from the Canadian Federal Government through the Social Sciences and Research Council (SSHRC) and an entrance scholarship from the Modelling of Complex Social Systems (MoCSSy) at Simon Fraser University. Most importantly, I am thankful for the blessings of my husband, Michael, and our children, Lawrence and Grant, and all the friends and colleagues who gave me the space and time to gather my thoughts and unending encouragement when the task seemed too daunting to complete. vi Table of Contents Approval ............................................................................................................................. ii Partial Copyright Licence .................................................................................................. iii Abstract ............................................................................................................................. iv Dedication .......................................................................................................................... v Acknowledgements ........................................................................................................... vi Table of Contents ............................................................................................................. vii Glossary ............................................................................................................................ ix 1. Introduction .............................................................................................................. 1 1.1. Structure of Thesis ................................................................................................... 2 1.2. Methodology ............................................................................................................ 3 1.3. History of Networked Communications .................................................................... 4 2. Perception of Place and Self in Cyberspace ......................................................... 7 2.1. Metaphorical Perception of Place ............................................................................ 7 2.2. Cognitive Perception ................................................................................................ 9 2.3. The Metaverse ....................................................................................................... 11 2.4. The Immersive Role Playing Game ....................................................................... 14 2.5. The Social Network ................................................................................................ 19 2.6. The Constructed Self ............................................................................................. 22 2.7. The Constructed Self in Metaverses and Immersive Games ................................. 25 2.8. The Constructed Self in Social Networks ............................................................... 27 2.9. Conclusion ............................................................................................................. 28 3. Trust ........................................................................................................................ 31 3.1. Functions of Trust .................................................................................................. 31 3.2. Principles of Trust .................................................................................................. 32 3.3. Trust in Cyberspace ............................................................................................... 33 3.4. Trust in Metaverses ............................................................................................... 33 3.4.1. History and Reputation ............................................................................... 34 3.4.2. Inference Based on Personal Characteristics ............................................ 34 3.4.3. Mutuality and Reciprocity ........................................................................... 35 3.4.4. Role fulfillment ............................................................................................ 36 3.4.5. Contextual Factors ..................................................................................... 36 3.5. Trust in Immersive Games ..................................................................................... 37 3.5.1. History and reputation ................................................................................ 37 3.5.2. Inference Based on Personal Characteristics ............................................ 38 3.5.3. Mutuality and Reciprocity ........................................................................... 38 3.5.4. Role fulfillment ............................................................................................ 39 3.5.5. Contextual Factors ..................................................................................... 39 3.6. Trust in Social Networks ........................................................................................ 40 3.6.1. History and Reputation ............................................................................... 41 3.6.2. Inferences Based on Personal Characteristics .......................................... 42 3.6.3. Mutuality and Reciprocity ........................................................................... 43 vii 3.6.4. Role Fulfillment ........................................................................................... 43 3.6.5. Contextual Factors ..................................................................................... 43 4. Virtual Violent Victimization .................................................................................. 46 4.1. Rape ...................................................................................................................... 47 4.2. Harassment and Stalking ....................................................................................... 58 4.3. Violent Assault ....................................................................................................... 74 5. Criminological Theory, Discussion, Recommendations, and Conclusions ......................................................................................................... 80 5.1. Criminological Theory ............................................................................................ 80 5.1.1. Psychological Theory – The Disinhibitory Effect
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