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Theory and Crime: Does it Compute? Author Hutchings, Alice Published 2013 Thesis Type Thesis (PhD Doctorate) School School of Criminology and Criminal Justice DOI https://doi.org/10.25904/1912/2800 Copyright Statement The author owns the copyright in this thesis, unless stated otherwise. Downloaded from http://hdl.handle.net/10072/365227 Griffith Research Online https://research-repository.griffith.edu.au Theory and Crime: Does it Compute? Alice Hutchings Bachelor of Arts in Criminology and Criminal Justice (Hons) School of Criminology and Criminal Justice Arts, Education and Law Griffith University Submitted in fulfilment of the requirements of the degree of Doctor of Philosophy August 2012 Theory and Crime: Does it Compute? Abstract Abstract This research examines computer fraud and hacking offenders. The aim of this study is to provide a comprehensive understanding of computer crimes that compromise data and financial security, particularly hacking and computer frauds. This understanding will allow us to organise what we know about computer crime, so that it can be understood and explained. Computer crime was identified as an area that required further research, particularly in relation to offenders, which are a hard to access population. Particularly, it was noted that it is not understood why people became involved in computer crime offending. There has been a lack of theoretical examination in relation to these types of offenders. The theories that are applied in this research include differential association, social control theory, techniques of neutralisation, rational choice theory, labelling theory and structural strain theory, as well as feminist critiques of criminology. This was identified as an important area for research as there are many problems with the current crime prevention approaches and in investigating these offences. Three qualitative studies were undertaken to address and provide an in- depth view of this problem. The first study involved an analysis of court documents for matters that had gone before the judiciary, while the second consisted of interviewing law enforcement officers who investigated these types of offenders. The third study involved interviewing active and former offenders, who were identified using snowball sampling techniques. i Theory and Crime: Does it Compute? Abstract As was expected, it was found that males predominantly engage in computer crime. When females are involved, they are more likely to conduct fraud rather than hacking. A number of differences were found between offenders who only engaged in hacking and those that participated in computer fraud. Overall, hackers came from more privileged backgrounds, were more financially well off, were generally younger, had closer relationships to their parents, were better educated and were less likely to have prior engagement with the criminal justice system. Fraud was found to be predominantly motivated by financial gain, however the motivating factors for hacking were more disparate, including fun and excitement, revenge, to test skills and for a challenge. The online environment was found to offer a number of enabling factors leading to offending. For example, offenders were physically removed from their victims, alleviating feelings of guilt. Online communities allow participants to stay anonymous while communicating, learning and sharing information. Offenders were able to cross jurisdictions using the internet, which is problematic for police investigations and therefore lessens the likelihood of detection. The online environment also offers a variety of ways for offenders to anonymise their attacks. This thesis, informed by the research findings, proposes an integrated theory of computer crime offending. According to this theory there are two distinct pathways leading to offending, namely presented opportunity and associating with others. These pathways reflect the type of offending that occurs, with sole offenders, typically fraudsters, taking advantage of the presented opportunities when they have undergone some type of strain, usually economic. ii Theory and Crime: Does it Compute? Abstract Offender maintenance and desistence follow similar trajectories for both of the offence types. The integrated theory proposes that behaviour is maintained due to a low likelihood of detection, as well as the benefits available to offenders. Desistence occurred when offenders no longer receive benefits from offending or when the costs outweighed the benefits. These trajectories reflect rational choice theory. The implications for this research include recommendations for the detection and prevention or these types of offences. Recommendations include providing legitimate opportunities for those who are likely to be motivated by curiosity and skill testing, targeting potential offenders early, when they first become involved in online communities and gaming, implementing mandatory breach reporting in Australia, providing greater resources for the investigation and prosecution of computer crime offences, implementing a national computer crime reporting system, and informing businesses about how they can reduce opportunities for crime. iii Theory and Crime: Does it Compute? Statement of Originality Statement of Originality This work has not previously been submitted for a degree or diploma in any university. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made in the thesis itself. _____________________________ Alice Hutchings iv Theory and Crime: Does it Compute? Acknowledgements Acknowledgements Dear thesis, This must be the hardest letter I’ve ever had to write. After four years together I’m breaking up with you. We’ve been through both high and low times together. Along the way we have shared a lot of love and a lot of hatred, many late nights fuelled with coffee, as well as much tears and laughter. However, it is over between us, I need to move on. I will always think of you fondly. Sincerely, it is me, not you. I hope you understand. It is a pleasure to thank those who made this thesis possible. I am indebted to my supervisory team, Dr Hennessey Hayes, Associate Professor Janet Ransley, Professor Simon Bronitt and Professor Peter Grabosky. Despite their hectic schedules they were always available when required with wise words and provided me with feedback and direction. My deepest gratitude goes to all those who participated in this research and who gave up their time to talk to me, and in a way shared their lives with me. Your openness, honesty and trust were much appreciated and it is you who enabled this research to happen. I would also like to acknowledge the staff at the policing agencies who assisted me with my research applications. v Theory and Crime: Does it Compute? Acknowledgements I also thank the staff that provided me with support during my candidature, particularly Celia Dickson from the School of Criminology and Criminal Justice, and Melanie Davies, Kylie Baker and Joyce Wang from the ARC Centre of Excellence in Policing and Security (CEPS). Particular recognition goes to CEPS Police Fellow Inspector Jason Saunders, who provided me with invaluable assistance. Thank you to Paulina Piira from RegNet who assisted me while I was visiting the Australian National University to undertake data collection. I would also like to acknowledge the staff at the Australian Institute of Criminology for their support in finalising this thesis. The PhD process is a journey that cannot be undertaken without support and friendships. To those that provided me with distraction and injected laughter and humour into my life I give my deepest thanks and gratitude. Too numerous to name, they know who they are. Most will probably only read up to here, if at all, to see if they have been mentioned; so sorry to disappoint. vi Theory and Crime: Does it Compute? Table of Contents Table of Contents Chapter 1 ~ Introduction 1 Overview of research questions and design 4 Aim 5 Scope 6 Overview of the research 7 Chapter 2 ~ Computer Crime 8 Typologies of computer crime 8 White collar crime 9 Computer crimes that compromise financial security 10 Computer crimes that compromise data security 16 Organised crime 21 Cyberterrorism and cyberwarfare 23 Criminology and computer crime 24 Computer crime and the law in Australia 26 vii Theory and Crime: Does it Compute? Table of Contents Computer crime and crime prevention 34 Prevalence and economic cost 40 Conclusion 49 Chapter 3 ~ Theory and Crime 51 Theory selection 53 Sutherland’s theory of differential association 56 Hirschi’s social control theory 61 Sykes and Matza’s theory of techniques of neutralisation 64 Clarke and Cornish’s rational choice theory 69 Becker’s labelling theory 72 Merton’s structural strain theory 76 Feminist critiques of criminology 79 Theory and practice: Implications for crime prevention 83 Conclusion 87 viii Theory and Crime: Does it Compute? Table of Contents Chapter 4 ~ Research Questions and Design 89 Research questions 89 Research design 90 Study one: Analysis of court documents 91 Study two: Interviews with law enforcement officers 93 Study three: Interviews with active and former offenders 95 Ethical considerations 97 Analyses 99 Reliability, validity and reflexivity 100 Limitations of the research design 102 Development of a new theoretical model of computer crime 103 Chapter 5 ~ Demographics 105 Gender 106 Age 112 Social economic status 115 Country of origin 116 Conclusion
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