CyberCrime is Not Real Crime

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Cyber Crime is Not Real Crime

If a crime doesn't result in actual physical damage or loss, can it be considered a crime? Or is any act that leaves a victim feeling violated a punishable crime? One way to look at the issue is through the approach that yes, cyber rape and other crimes are punishable. This can be argued through the fact that these crimes effect "real" life and stir up "real" emotion. It is a punishable violation because it involves actual victims and makes them feel violated. Another position is that because these violations can be avoided by the press of a button or the click of a mouse, they are in no way punishable and are more of a game than anything. The internet is something that effects most people, and anyone who logs onto it can become a victim to cyber crime. If found in the situation, users should know what exactly is at stake. In this essay I will examine both sides of the argument, and explain why I personally feel that cyber crimes cannot be prosecuted as actual crimes.

First of all, if a crime doesn't result in a physical loss, can it even be considered a crime? Theft on the web is, in actuality, the theft of an idea. If an idea is placed on the web, is it not open for everyone to see, experience, or even take? Is a rape in cyberspace really a rape if there is no physical contact? Author James Harrington says "This attempt to censor cyberspeech raises two major constitutional problems: Can the government limit access to sexually explicit information on the internet to adults who want it, and, if so, who decides what is 'offensive' and thus punishable?" (Harrington 157). It is true that these cyber crimes and their outcomes cross the line from VR to RL in the sense of emotion for many. People have been made to feel violated by other users many times, and one good example of this is shown in Julian Dibbell's essay "A Rape in Cyberspace". Criminals, such as Mr. Bungle, have their fun and log off, leaving other users in a state of victimization. These virtual criminals should be punished, but how can users defend themselves until a means of punishment is decided upon?

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