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2.0 OBJECTIVE

This unit covers the background of the space transition theory of cybercrime, the major propositions of the space transition theory, the strengths and weaknesses of the space transition theory and the applicability of the space transition theory to cybercrime.

3.0 MAIN CONTENT

3.1 Background of the Space Transition Theory of Cybercrime

The Space Transition Theory of Cybercrime (STT) was formally established in 2008 by an Indian Criminologist, Professor Karuppannan Jaishankar. He first espoused the theory at the John Jay College of Criminal Justice, the University of New York, USA in 2007.

However, he later published the theory in the book: Crimes of the Internet, edited by Frank Schmallager and Michael Pittaro (2008) and published by Prentice Hall, USA.

3.2 Propositions of the Space Transition Theory of Cybercrime

The theory focuses on the behaviour of people who exhibit their conforming and deviant behaviour in the physical space and cyberspace. Jaishankar offers intriguing reasons why people behaviours change when they move from the physical space to the cyberspace and vice versa. The propositions of the theory are as follows (Jaishankar, 2008, pp. 293-296):

i. Persons with repressed criminal behaviour (in the physical space) have a propensity to commit crime in cyberspace, which, otherwise they would not commit in the physical space, due to their status and position.

ii. Identity flexibility, dissociative anonymity, and lack of deterrence factor in the cyberspace provide the offender the choice to commit cybercrime.

iii. Criminal behaviour of offenders in cyberspace is likely to be imported to physical space, which, in physical space may be exported to the cyberspace as well.

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iv. Intermittent venture of offenders in the cyberspace and the dynamic spatiotemporal nature of cyberspace provide the chance to escape.

v. (a) Strangers are likely to unite in cyberspace to commit crime in the physical space, (b) Associates of physical space are likely to unite to commit crime in cyberspace.

vi. Persons from closed society are more likely to commit cybercrime than persons from open society.

vii. The conflict of norms and values of physical space with the norms and values of cyberspace may lead to cybercrimes.

The space transition theory explains how some people who occupy high positions of responsibility in the society, but who are criminally minded may resort to the cyberspace in order to carry out the criminal activities that they would not commit in the physical space. This kind of scenario is made possible because the cyberspace allows internet users to be anonymous or use pseudo identities. Besides, unlike in the physical space regulation seems to be less strict in the cyberspace and as such deviants are not easily deterred.

Furthermore, the internet revolution has changed the dynamics of crime. Today, traditional criminal gangs having realized the new criminal opportunities that the internet creates, are increasingly exploiting the internet to commit some traditional crimes such as extortion, fraud, money laundering, theft and so on more efficiently and with less risk.

Their activities for example may result in cyber attacks such as distributed denial of service or may result in the physical harming of victim whom the offender first met via the social media. Also, cybercrime is not restricted by socio-temporal boundaries. Cyber criminals can launch a cyber attack within a short period of time and such attacks can affect victims in several countries of the world.

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Moreover, the internet is a veritable platform for criminal recruitment and criminal training. Therefore, people who never knew themselves before can meet, for example via social networking sites and connive to commit crime in the physical space. Similarly, people who are friends in the physical space can also connive to launch cyber attacks.

People who live in open society normally have a way of venting their feeling such as demonstration and protest. But people who live in closed society do not have such option and may resort to the cyberspace. They may be engaged in different kinds of criminal activities online such as posting hate messages in blogs or cyber terrorist attacks.

Finally, the cyberspace brings together people from different nation-states. The cyberspace has its norms and values which may not conform to the norms and values of different groups of people. The conflict of norms among the people who converge in the cyberspace may eventually lead to cybercrime.

3.3 Strengths and Weaknesses of the Space Transition Theory of Cybercrime

The space transition theory of cybercrime was the first and perhaps the only cybercrime-specific theory so far developed. The proponent of the theory Professor K. Jaishankar incidentally is the founding father of the academic discipline of cyber criminology. He was particularly interested in explaining criminal behaviour in the cyberspace and was able to demonstrate that with the seven propositions of the theory. Since its establishment in 2008, several cybercrime studies have adopted the space transition theory as their theoretical framework.

One of the shortcomings of the space transition theory is that unlike conventional criminological theories, it cannot be applied in the explanation of crime in the physical space. Danquah and Longe (2011) in their study tested the propositions of the space transition theory and found some limitations in the variety of cybercrimes committed and

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experienced in Ghana. They therefore concluded that the theory is not applicable to all categories of cybercrime.

3.4 Applicability of the Space Transition Theory of Cybercrime

The space transition theory from the outset was designed to explain crime in the cyberspace. Each of its seven propositions is tailored to the explanation of the dynamics of crime in the cyberspace. Several works on cybercrime both theoretical and empirical over the years have demonstrated support for the relevance of the theory in the explanation of crime and criminality in the cyberspace.

4.0 CONCLUSION

A wide range of criminological theories have been used in the explanation of crime in the cyberspace, albeit with some limitations. Jaishankar‟s space transition theory of cybercrime is a deviation from conventional criminological theories as it is entirely focused on cybercrimes. Jaishankar stated from the outset that his theory is intended to explain only online crimes and not traditional crimes. Over a decade after its development, the theory has shown some promise in the explanation of criminal behaviour in the cyberspace. However, more empirical studies are needed to be able to further test the efficacy of the theory in the explanation of cybercrime.

5.0 SUMMARY

This unit discussed the background of space transition theory of cybercrime, the major propositions of the theory, the strengths and weaknesses of the theory as well as its applicability to cybercrime.

6.0 TUTOR-MARKED ASSIGNMENT

Discuss the propositions of the space transition theory of cybercrime.

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7.0 REFERENCES/FURTHER READING

Danquah, P. & Longe, O.B. (2011). An empirical test of the space transition theory of cyber criminality: Investigating cybercrime causation factors in Ghana. African Journal of Computing and ICT, 4 (2), 37 – 48.

Jaishankar, K. (2008). Space transition theory of cybercrime. In Schmallagar, F, and Pittaro, M. (eds), Crimes of the Internet (pp.283 – 301). Upper Saddle River, NJ:

Prentice Hall.

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Module 5: Local, Regional and International Cyber Crime Legislations/Cyber