정보화시대의 유비쿼터스 범죄 : 사이버범죄의 이해와 규제

Cybercrimes are different to more conventional crimes because of their mediation by networked computer technology. The mark of a true cybercrime is that it disappears once networked technology is removed from the equation. Cybercrimes have evolved generationally alongside advances in technology and are constituted by three main areas of criminal behaviour – crimes against system integrity, using computers to commit crimes and crimes relating to the computer content. Their informational, globalized and networked characteristics pose many challenges for investigative and criminal justice processes, not least their ubiquity. But the same technologies that create cybercrimes can also be used to regulate them, which gives us a useful enforcement tool. However, it is a tool that can also infringe core values when used bluntly, and the need to balance personal security with privacy needs creates new legal and political challenges. The list of new terms for crimes spawned by the internet expands each year as new digital environments are established and then exploited by criminals. Identity thefts (phishing), cyber-terrorism, information warfare, spams, denial of service attacks, hacking, cracking, hacktivism, e-frauds, auction fraud, click fraud, scams, hate crime, cyber-bullying, illegal online gambling, extreme pornography, viruses worms and Trojans, hackers and crackers are some of the new terms that are now called ‘cybercrime’. The term ‘cybercrime’ originally evolved from 1980s cyberpunk fiction which linked together the concepts of cyberspace and crime and, while there are many who would still argue that ‘cybercrime’ is just ‘computer’ or ‘electronic’ crime by another name, the term has now entered the common language and has to be made sense of if it is to be of use as an analytical concept that informs policy formation.