Mitigating circumstances in cybercrime: A position paper
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Editors: Wu, Y., Min, G., Georgalas, N., Hu, J., Atzori, L., Jin, X., Jarvis, S.A., Liu, L.C. and Calvo, R.A.
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Journal: Proceedings - 15th IEEE International Conference on Computer and Information Technology, CIT 2015, 14th IEEE International Conference on Ubiquitous Computing and Communications, IUCC 2015, 13th IEEE International Conference on Dependable, Autonomic and Secure Computing, DASC 2015 and 13th IEEE International Conference on Pervasive Intelligence and Computing, PICom 2015
© 2015 IEEE. This paper argues the need for considering mitigating circumstances in cybercrime. Mitigating circumstances are conditions which moderate the culpability of an offender of a committed offence. Our argument is based on several observations. The cyberspace introduces a new family of communication and interaction styles and designs which could facilitate, make available, deceive, and in some cases persuade, a user to commit an offence. User's lack of awareness could be a valid mitigation when using software features introduced without a proper management of change and enough precautionary mechanisms, e.g. warning messages. The cyber behaviour of users may not be necessarily a reflection of their real character and intention. Their irrational and unconscious actions may result from their immersed and prolonged presence in a particular cyber context. Hence, the consideration of the cyberspace design, the "cyber psychological" status of an offender and their inter-relation could form a new family of mitigating circumstances inherent and unique to cybercrime. This paper elaborates on this initial argument from different perspectives including software engineering, cyber psychology, digital forensics, social responsibility and law.
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Journal: CIT/IUCC/DASC/PICOM 2015 IEEE INTERNATIONAL CONFERENCE ON COMPUTER AND INFORMATION TECHNOLOGY - UBIQUITOUS COMPUTING AND COMMUNICATIONS - DEPENDABLE, AUTONOMIC AND SECURE COMPUTING - PERVASIVE INTELLIGENCE AND COMPUTING