By Anindya Datta, Lecturer, Department of sociology , Maharani Kasiswari College.
And
Dr. Anirban Banerjee, Professor and Head of the Department of Sociology,
the University of Burdwan.
(E-mail : anirban_2banerjee1961@yahoo.co.in
Abstract
Interaction through Internet and other CMC (Computer Mediated Communication) technologies have fostered a significant change in the cultural dimension of society. The distinct cult of virtual interaction has made possible a prolific emergence of object-specific global community. This new global community operates on the basis of virtual reality and thus, this virtual community poses significant theoretical and socio-political challenges attributable to a social space populated by "body-less" beings. Claims are made about the positive and transformative impacts of cyberspace on sexism and racism as individuals are able to leave their identities behind and interact on the computer free from prejudicial constraints. While there is no doubt these positive traits are part of the cyberspace revolution, numerous scholars have also focused upon the darker side of new communications technologies and the ways in which the Internet can be used to commit criminal acts and perpetuate deviant behaviours.
The intention of this article is to assess, extend, and improve our understanding of 'deviant' behaviours on the Internet. Across the globe, there are increasing legislative, technological and surveillance efforts - all seemingly aimed at deviant (and sometime benign) Internet use. Not only does the Internet pose novel challenges in affording new forms of 'deviance' that need to be understood, but it also poses a unique opportunity for social scientists to influence policy aimed at such 'deviance', investigate specific cases of 'deviant' behaviour, as well as theoretical work that discusses the notion of deviance as applied to the Internet, policy and legal implications and methodologies.
Deviance and cyber
deviance.
Deviance is
any behaviour that violates social as
well as cultural norms including
formally-enacted rules (e.g., crime) as well as informal violations of social
norms (e.g., rejecting folkways and mores)., and is usually of sufficient
severity to warrant disapproval from the majority of society. Alcoholism,
excessive gambling, being nude in public places, playing with fire, stealing,
lying, refusing to bathe, purchasing the services of prostitutes, and
cross-dressing—to name only a few—as deviant. People who engage in deviant behaviour
are referred to as deviants. Viewing deviance as a violation of social
norms, sociologists have characterized it as "any thought, feeling or
action that members of a social group judge to be a violation of their values
or rules"; "violation of the norms of a society or group";
"conduct that violates definitions of appropriate and inappropriate
conduct shared by the members of a social system"; "the departure of
certain types of behaviour from the norms of a particular society at a
particular time"; and "violation of certain types of group norms [...
where] behaviour is in a disapproved direction and of sufficient degree to
exceed the tolerance limit of the community.
Thus, deviance may better be described as a
violation of social norms which are the specific behavioural standards, ways in
which people are supposed to act, paradigms for predictable behaviour in
society. This definition can ,however, be interpreted in different ways for the
reason that social norms are different in one culture as opposed to another ;
because, they are “rules of conduct, not neutral or universal, but ever
changing; shifting as society shifts; mutable, emergent, loose, reflective of
inherent biases and interests, and highly selfish and one-sided. They vary from
class to class, and in the generational "gap." They are, in other
words, contextual”. Thus, a deviant act can be committed in one society or
culture that breaks a social norm there, but may be considered normal for
another culture and society. Some acts of deviance may be criminal acts, but
also, according to the society or culture, deviance can be strictly breaking
social norms that are intact.
Cyberdeviance
is an action that breaks Internet rules and norms; including, but not
necessarily, committing illegal acts, ranging from destroying files to
netiquette( Netiquette is the mores and norms that regulate considerate
and appropriate behaviour on the Internet.) The deviant acts commonly found in
the cyber community include profanity, harassment, vandalism, and obscenity. Perpetrators
are less committed to maintain their online reputation and less attached to the
online community. Hence, they are less likely to be involved in conventional
activity and less likely to believe and follow community rules. Moreover,
anonymity and the liminal (i.e., a quality that contributes to disinhibition in
the online community) aspects of cyber community facilitate antisocial behaviour. In short, people who are subject to weak
social bonds and whose self-control is reduced by liminality and anonymity are more
likely to commit deviant acts in cyber community. Nevertheless, these people
also are unlikely to commit more serious acts, for the weak bonds do not allow
them to be familiarized with the environment and potential victims, which in
turn confine the scale of their deviance.
Insinuations for Radicalization
The Internet is well
suited to support deviant lifestyles and behaviours because it is unregulated,
information is privately posted and can be obtained freely and anonymously, and
it connects individuals with others who practice the same deviant behaviour.
What is less known is the extent to which any of these types of Web sites serve
as gateways or catalysts into more active participation of a particular deviant
impulse or tendency. Cyber culture perpetuates and encourages the idea that
deviance is a social construction and what constitutes deviant behaviour may
shift, as like-minded people are able to share their experiences. It
would seem that sexual deviance, as defined in the mainstream world, is
especially up for seizing on the Internet. The availability of websites
where men can rate prostitutes serves to construct “countercultures, in which
ignominious practices are accepted as the norm and are entirely without stigma,
in which one may participate without threat to one’s ‘normal’ identity”.
In their view, the Internet has perpetuated and perhaps even enhanced the
empowerment of men who pay for sex while at the same time creating a discursive
space that perpetuates the more traditional relationship of power between the
punter and the prostitute.
Internet allows for the construction of
spaces where individuals can explore otherwise sexually deviant behaviours. The
evidence suggests that many women and men are willing to explore the
possibilities of bisexuality within an Internet environment, behaviour they
would be less likely to consider in the “real” world .Thus, not only do these behaviours
tell us something about the way the Internet allows individuals to experiment
with identity, but also support the idea that identities are complex, multifaceted,
and with the help of the Internet, not completely linked to a corporeal body.3
Various micro level and macro level
factors should be considered in the context of online deviance. The self-harm
and sexual deviance literature shows how individual characteristics (e.g.,
loneliness, psychoticism, low self-control, poor social ties) are risk factors
for online deviance, ranging from viewing soft-core pornography to engaging in
self-injury. The online hate group literature suggests that macro-level
contexts that make groups of individuals vulnerable socially, economically, and
psychologically could provide a breeding ground for recruiting individuals into
potentially violent movements, particularly for young people. This would be
especially salient in areas where there is abject, widespread poverty, war, or
some catastrophic event with long-lasting devastating effects . As fringe
groups gain more traction in terms of numbers of Web sites and contacts made
through these Web sites, individuals who would otherwise be disinhibited by
their proclivities (e.g., cutters, white supremacists) may begin to feel even
more empowered to act on their impulses and beliefs. Insofar as the Internet
serves as a forum for groups to discuss goals, disagreements, and compromises,
the open format of the Internet also permits law enforcement to monitor key
changes and divergences within groups that are suspected of illegal or violent behaviours
(Weimann, 2006). Although the Internet is a powerful tool for connecting people
and rapidly spreading information, it is doubtful that most groups would rely
solely on the Internet for communication and organization efforts. This may be
particularly true for those groups that are set up for violent ends, given the
risks for outside monitoring and sabotage. It is probable that groups are
increasingly embracing other technologies, such as text messaging through
cellular phones and Twitter. As a result, monitoring these emerging networks in
real time—in addition to Internet monitoring—may be the most effective means
for preventing extreme deviant (i.e., criminal) acts.8
A recent literature review of
the Internet’s impact on sexuality in general concluded that “sexually related
online activities have become routine in recent years for large segments of the
population in the Western world” (Dohring, 2009, p. 1089). The impact of the
Internet on the pornography industry alone is staggering. Quinn and Forsyth
(2005, p. 192) cite that in a given year, Internet pornography is a $3 billion
industry, with about 4.5 million Web sites containing pornographic content,
encompassing 25% of total search engine requests, and with more than 75 million
people accessing pornographic sites. A recent experiment yielded the conclusion
that many casual Web surfers are easily tempted by hardcore pornography.
Specifically, Demetriou and Silke (2003) developed a dummy Web site which was
advertised on other sites as having free software downloads. The goal was to
see how many visitors tried to access the illegal or deviant materials linked
on the Web site (which did not work). In an 88- day period, more than half of
the Web site’s visitors (457 of the 803) tried to access the hardcore
pornographic images, although they originally entered the Web site for other
reasons.
Other studies have
attempted to understand the correlates of online consumers of pornography in
general. For example, some sociological research suggests associations of
online pornography with unhappy marriages and weak ties to religion among
adults (Stack,Wasserman, & Kern, 2004) and poor social ties to family,
school, and society among adolescents (Mesch, 2009). A psychologically based
study found that adolescent participants scoring high in psychoticism used the
Internet in deviant and defiant ways, including viewing pornography (Amiel
& Sargent, 2004). For those on the far end of the sexual deviance spectrum,
the versatility, speed, and visual medium offered by the Internet are well
suited for consumers who reach new extremes quickly (Durkin, Forsyth, &
Quinn, 2006; Quinn & Forsyth, 2005). One of the most provocative and
well-researched areas within the online sexual deviance literature is
pedophilia.Typologies of online pedophiles (e.g., Beech, Elliott, Birgden,
& Findlater, 2008; Krone, 2004;Lanning, 2001) and theories to explain the
etiology of online pedophilia (Elliott & Beech, 2009)have been proposed,
while others have examined how the Internet domain is used among communities of
pedophiles (e.g., Durkin, 1997). It is generally agreed that the Internet
connects pedophiles such that they can rapidly exchange images, locate and
groom victims,and maintain and develop networks (Beech, Elliott, Birgden, &
Findlater, 2008; Durkin, Forsyth,& Quinn, 2006). Durkin and colleagues
(2006, p. 599) note the prominent role the Internet plays in affirming and
validating identities of pedophiles, and in serving as a platform to recruit
those who have a proclivity toward pedophilia. The vast proliferation of online
child pornography indicates a fairly substantial group of consumers who are
increasingly becoming more extreme in their tastes (Beech, Elliott, Birgden,
& Findlater, 2008).
Surveillance:
Several efforts are
now directed towards the surveillance of deviant activities of members of cyber
society. Governments are very much sensitive about the issues of cyber deviance
and much of their endeavours are
directed towards bringing such issues under the purview of law. Consequently, a
bunch of Cyber laws have been enacted. The main function of Net dogs is to vigil
carefully that any such incidents should not inspire cyber people to commit
such crimes.
The surveillance primarily involves the monitoring
of data and traffic on the Internet. Under
the Communications Assistance For Law Enforcement Act in US, all phone
calls and broadband internet traffic (emails, web traffic, instant messaging,
etc.) are accessible for unimpeded real-time monitoring by Federal law
enforcement agencies. Billions of dollars per year are spent, by agencies such as the Information Awareness
Office, NSA, and the FBI, to develop, purchase, implement, and operate systems which
intercept and analyze all of these data, and extract only the information which
is useful to law enforcement and intelligence agencies.
As per the latest information
available from Wiki, “Google,
the world's most popular search engine, stores identifying information for each
web search. An IP address and the search phrase used are stored in a
database for up to 18 months. Google also scans the content of emails of
users of its Gmail webmail service, in order to create targeted advertising
based on what people are talking about in their personal email
correspondences. Google is, by far, the largest Internet advertising
agency—millions of sites place Google's advertising banners and links on their
websites, in order to earn money from visitors who click on the ads. Each page
containing Google advertisements adds, reads, and
modifies "cookies" on each visitor's computer. These
cookies track the user across all of these sites, and gather information about
their web surfing habits, keeping track of which sites they visit, and what
they do when they are on these sites. This information, along with the
information from their email accounts, and search engine histories, is stored
by Google to use for build a profile of the user to deliver better-targeted
advertising.
The United States
government often gains access to these databases, either by producing a warrant
for it, or by simply asking. The Department of Homeland Security has
openly stated that it uses data collected from consumer credit and direct
marketing agencies for augmenting the profiles of individuals that it is
monitoring.”
Wiki further provides
helpful information on the process of surveillance which may be noteworthy that
“ One common form of surveillance is to create maps of social
networks based on data from social networking sites as well as
from traffic analysis information from phone call records such as
those in the NSA call database, and internet traffic data gathered
under CALEA. These social network "maps" are
then data mined to extract useful information such as personal
interests, friendships & affiliations, wants, beliefs, thoughts, and
activities.
Many U.S. government
agencies such as the Defense Advanced Research Projects Agency (DARPA),
the National Security Agency (NSA), and the Department of Homeland
Security (DHS) are currently investing heavily in research involving
social network analysis. The intelligence community believes that the biggest
threat to the U.S. comes from decentralized, leaderless, geographically
dispersed groups. These types of threats are most easily countered by finding
important nodes in the network, and removing them.
India ranks
fifth in the world for cyber crime, according to a report last year by the
U.S.-based Internet Crime Complaint Center, a partnership between the Federal
Bureau of Investigation and the National White Collar Crime Center. In fact,
the report said that as India became home to the fourth highest number of
Internet users in the world, cyber crime has been rising at more than 50
percent per year. A striking example of such crime was the attack on computers
in the Indian prime minister's office by Chinese hackers, December 2009.
Investigators are
still coming to terms with the extent of damage caused by that attack, as the
hackers had targeted the cream of India's national security setup: National
Security Advisor M.K. Narayanan, Cabinet Secretary K.M. Chandrasekhar, the
prime minister’s special envoy Shyam Saran and deputy National Security Advisor
Shekhar Dutt. In addition, 26 others were also squarely in the crosshairs of
the hacking attempt.
The timing of the
espionage attempt led investigators to suspect the Chinese hackers of desperately
trying to access any available data on India's position at the Copenhagen
Climate Summit being held at the time. It may be noted that until Indian Prime
Minister Manmohan Singh arrived in Copenhagen on Dec. 17, Environment Minister
Jairam Ramesh and Saran were singing different tunes.
But what has
disturbed investigators most is that the Chinese hackers possibly had inside
help. The possibility of a mole within the Indian establishment helping a
foreign adversary is staring investigators in the face.
In March 2009, a
China-based cyber spy network hacked into government and private systems in 103
countries, including many Indian embassies and the headquarters of the Dalai
Lama. In May 2008, hackers from China attacked the website of India’s Ministry
of External Affairs. Despite official denials, at least one website reported
that hackers had stolen the identities and passwords of several Indian
diplomats.
In the past three
years, over 9,000 Indian websites have been at the mercy of an anti-India community.
Hackers based beyond India’s borders have become a threat for the government.
Cyber attacks from
across the border are not new to India. This happened for the first time when
India was conducting nuclear tests at Pokhran in 1998 and hackers based in
Pakistan attacked the websites of Zee News and India Today. GForce Pakistan and
Pakistani Hackerz Club took responsibility for the intrusions and left behind
threatening messages demanding that the nuclear tests be stopped.
After the terror
attacks on the Indian Parliament in December 2001 and a massive troop standoff
between India and Pakistan several hacking incidents were reported.
Pakistani hackers
also targeted the Indian website www.armyinkashmir.com, which was providing
factual information about daily events in the Kashmir Valley in 1999. Hackers
posted photographs showing Indian security forces allegedly killing Kashmiri
people and blamed the Indian government for “atrocities” there. Obviously, this
had the intended impact in the valley.
In December 2008, the
Indian Eastern Railways portal was hacked by Whackerz-Pakistan. The official
website www.easternrailway.gov.in bore a strange look. When opened, the top
scroll on the site, which normally consists of official announcements, had
unusual notes. The first note read: “Cyber war has been declared on Indian
cyberspace by Whackerz-Pakistan (24 Dec-2008).”
The scene became
grimmer after the terror attacks on Mumbai on Nov. 26, 2008. The Pakistan Cyber
Army hacked into the websites of the Indian Institute of Remote Sensing, the
Center for Transportation Research and Management, the Kendriya Vidyalaya of
Ratlam – a chain of schools run by the Indian Army – and the Oil and Natural
Gas Corporation of India. The damage took a long time to repair.
Even at the
individual level cyber attacks are on the rise in India. According to the New
Delhi police, in 2009 email hacking and cheating cases went up by 150 percent.
It is said that Nigerian gangs are very active in India, particularly during
festive seasons when massive purchases are transacted online, thanks to the
system of credit cards and online bank accounts.
The severity and magnitude of Indian
cybercrime can be anticipated from the data provided by National Crime Record
Bureau 2009 under the heading “Incidence Of Cases Registered And Number Of
Persons Arrested Under Cyber Crimes (IT Act + IPC Section) During 2009 (All-India)” which illustrates
a wide variety of Criminal activities such as Tampering
computer source documents ,Hacking with Computer Systems, Loss/damage to
computer source/utility ,Hacking ,obscene publication/transmission in
electronic form , Failure of compliance/orders of certifying Authority, To
assist in decrypting the information intercepted by Govt. Agency, Un-authorized
access/attempt to access of protected Computer system, Obtaining License or
Digital Signature Certificate by misrepresentation/suppression of fact ,Publishing
false digital Signature Certificate , Fraud Digital Signature Certificate ,
Breach of confidentiality/privacy, Destruction of electronic evidence and many other Cyber Crimes. Most of
such crimes are committed, as per record, by the age group between 18-30 years
(see tables appended below )
Indian teenagers are no less ahead than
the foreign counterparts in adopting the recent global trend which has a positive
leaning towards the subtle acts of cyber crime such as fraudulency, making
false profile/identity in such Social Networking sites as Facebook, Tweeter ,
LinkedIn etc. One of such incident may be exemplified from an article by
Karitha Shanmugam in The Telegraph, Calcutta Sunday 28th August 2011
“ in which the young teenage girl from a small town of Rajasthan was stunned
“when a relative questioned her two months ago about the links to pornographic
sites she had ostensibly posted on her Facebook(FB) account.
It was her profile all right ,complete with her photograph and her
authentic Rajsamand address, but the problem was she has never seen the links……
or the site ….. before . Her concerned father went to the police and with the
help of cyber security experts tracked down two former schoolmates.
The boys had created a fake profile of hers to put her in awkward spot
since she had stopped talking to them. The boys ,now in college, were booked
under section 67 and 67A of the Information Technology Act ,which can lead to a
jail term of three to five years and a fine of Rs.5 lakhs. “
In India cyber crime comes under both the
traditional Indian penal code and the Information Technology Act, 2000, which
was amended in 2008. And here lies the confusion. Since policing is a matter of
the state, and complaints have to be lodged with the local police, it all
depends under which law the police register a case; it so happens that for the
most part they prefer the age-hold penal code.
Local police are not
conversant with the intricacies of the nationally legislated IT Act. But once a
case is filed under the penal code, the method of investigation must follow
certain guidelines that make it extremely difficult to prove most cyber crimes,
experts say.
Even under the IT
Act, investigations in India are not easy. This is mainly due to the lack of
what is called “cyber forensics.” We know that forensic evidence is important
in normal criminal investigations. But the collection and presentation of
electronic evidence to prove cyber crimes have posed a challenge to
investigation and prosecution agencies and the judiciary.
Cyber-related
techno-legal acumen and knowledge are not well developed in India. These
require a sound working and practical knowledge of information technology as
well as relevant legal knowledge. Cyber laws, international telecommunications
laws, cyber forensics, digital evidencing and cyber security pose difficult and
sometimes hard to understand legal challenges to the courts. This explains why
there are almost no convictions of cyber criminals in India. Judges in India
must fill in this legal gap.
Internet content control and Net-Freedom Movement :
The internet control mechanisms
are functioning much effectively and strictly to some extent in China and Soudi
Arabia where governments play very sensitive roles in checking the contents of
the websites and routinely censor and redirect search requests to error pages
if anything found objectionable. In Vietnam bloggers who criticise the govt are,
in some cases, even arrested, and in Cuba strategies are made to delimit
internet to its national boundary.
Over the past few years, the govt.
of India has also been gradually building censorship muscle over the internet.
In 2006 it blocked “Type Pad”, the blog-hosting service and a bulk sms site.
A Right to Information plea filed by the
Bangalore based centre for internet and society leaves that the govt blocked 11
sites between 2008 and 2011. This range from sites hosting the predictable
girl-wall paper and “Kamasutra” to blog discussing freedom of speech .
Recently a growing dissatisfaction resulting from the action of Indian
govt. towards blocking internet contents which it “ deems objectionable led to
internet freedom activists to raise their voice against this new set of rules
claimed to have violated the right to freedom of speech and expression.
In a written reply, Minister of
states, information and Technology, Sachi Pilot told the Loksabha that the
recently notified rules under the Information Technology Act to regulate the
use of Internet, “don’t give any power to the govt. to regulate the content”.
Pilot added the rules did not
raise issues “pertaining to privacy and violation of freedom of speech and
expression “.
The new rules demand that the
intermediary must notify user not to publish or use information ,that is
derogatory, abusive, insulting or which violates intellectual property rights
or impacts the sovereignty of nation. The country that has 81 million internet
users, this can never be easy. ------ Source : India Super Cops now patrol the www.highway by Aashees Sharma, Hindustan Times , Tues Day August 9.2011.
Future Directions in
Research
Researchers face
numerous theoretical and methodological challenges in trying to assess the
influence of the Internet on deviant behaviour. A common denominator across
many of these studies is the fear that the Internet will generate a critical
mass of deviants, which would foster justification for socially unacceptable
forms of behaviour, strengthen the development of pathological disorders, or
encourage criminal behaviours. This could include some causal relationship
between online activity and deviant behaviour among persons who had not engaged
in these behaviours before. The challenges and gaps identified in previous
studies suggest several possible directions for future research within this
topic area. First, longitudinal research is needed to explore the potential
causal relationships between passive online behaviours leading to engage in
criminal acts. Second, identifying potential risk factors (i.e., individual,
environmental, social, and psychological characteristics) associated with
online offenders, third, ethical concerns surround researching vulnerable
populations (e.g., children) and emotionally fragile populations (e.g., self-harmer).
Ethical standards are particularly salient in light of the deception used by
many studies in this field and because so many of them lack an informed consent
process, the ability to verify mental competency, and a debriefing session.
Fourth, more theoretical work is needed across each of the areas summarized
above to situate these deviant behaviours in a larger context and to guide more
rigorous empirical research. Durkin and colleagues (2006, p. 600) have called
forth Goffman’s (1963) work on stigma to draw parallels between the Internet
and what he described as “back places,” or places where people are open about
their peculiar inclinations and depend on one another for support. Other work
has questioned the extent to which the Internet is different when it comes to
influencing sexuality, or whether the Internet is merely one of a long line of
technologies representing cyclical shifts in sexual media (Stern & Handel,
2001). Stern and Handel (2001) concluded that although the Internet is
relatively new, the concerns about its power and ability to influence social
mores and behaviours have been applied to nearly all of its technological
precursors. Lastly, as stated earlier, most of the work in these areas is
located in the province of qualitative methods so many of the studies described
above are not generalizeable. Future work in these areas will profit from
advances in Internet methods in general, which may address the issues
concerning representative populations, response rates, and identity issues.
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