Virtual Reality and Crime
Guglielmo
Gulotta
Prof.
of Legal Psychology
University
of Turin
July
14, 2001 Passo della Mendola
1.
Virtual Reality and Crime*
By
the term “virtual” is meant the creation of a space in which one has the
impression of being immersed in a reality that is so vivid as to appear
commonplace. In this reality fragrances can be smelled, images seen and voces
heard, simply by donning a special helmet. Furthermore, even a tactile dimension
can be had by wearing a similarly special pair of gloves.
The concept of virtual reality, originally used to describe settings
wherein a person, duly outfitted and equipped, simulated certain situations, was
subsequently extended to encompass everything involving cyberspace.
Eventually, thanks to the computer, the concept came to include all types of
tele-communications.
In cyberspace, deviant behavior
takes on a new connotation. Human behavior, of which crime is a species, has
always adjusted to circumstances and situations. Once, when stagecoaches were
attacked, the women passengers, overcome by the excitement of the unexpected
event, would faint, only to be revived by smelling salts. Nowadays, they no
longer faint, nor are smelling
salts readily available. Human
behavior, in fact, co-evolves with the external environment and its attendant
technology. This is for both good and ill, in that those whose behavior runs
counter to the rules of society, or exploits and victimizes others, can well use
technology to reach their ends.
What are the advantages offered by recent technological breakthroughs for
those who would transgress? The first advantage is that anyone can get in
contact with an indiscriminate number of people all over the world (via the
so-called World Wide Web), and who obviously are total strangers. Another
advantage is that of speed and economy. In addition, the user remains anonymous,
entering and exiting without leaving too many traces. This being the situation,
it is clear how
the
attention of those intent on doing ill is readily sparked.
It bears distinguishing between electronic
crimes and crimes committed via
electronics, even if the distinction between the two is often blurred. The
former refers to crimes characterized by the use of a computer, and which would
not exist without this type of technology. Crimes fitting the latter category
refer to criminal acts that can be effected even without using a computer, but
which take on added characteristics as this modern technology, present in the
digital era, has brought about changes that make society more vulnerable while
being themselves more difficult to control (Grabosky, Smith, Dempsey, 2001).
2.
Crimes committed via electronics
The more current crimes committed via electronics include theft, for
example, by transferring money from one current account to another. There is
also such a thing as identity theft. This
occurs when someone filches the number of a credit card, passport, or personal
data. The purposes of such theft are multiple - withdrawing money, utilizing a
credit card to effect purchases, assuming another identity to escape police
detection. In terms of guardianship, it is often not enough to avoid leaving
one’s personal data on the Internet, unless one is absolutely sure that the
site is safe, using an effective anti-virus geared to avoiding outside access,
having one’s own access code, not leaving one’s name on mailing lists,
periodically requesting bank statements, etc. (Grabosky, Smith, Dempsey, 2001).
In recent years this type of offense has greatly expanded, due also to
the by now widespread use of Internet for business transactions. A practice that
has significantly enhanced the reach of those intent on acting illegally.
Victims discover what is happening to them only after weeks or months, when the
damage has been done and they find themselves with a rock-bottom bank account
and a long list of debts to honor. Catching
the offender is no simple task, and it often takes months or years if one is
lucky, otherwise the case is closed without the wrongdoer having been brought to
justice. The computer also makes it possible to engage in extorsion, games of
chance, the selling of drugs, spreading false information, copyright violation,
deceptive advertising, commerical fraud, like selling an item instead of another.
With the computer, furthermore, one so inclined can indulge in acts of slander,
offend, or produce material having a pornographic content.
There is also such a thing as Cyber
squatting, which involves appropriating another person’s name so as to
make the waters rough for web surfers who, believing they are interacting with
somebody, are actually interacting with someone else; as in the sphere of
business transactions.
Cyberstalking or harassment are other bedbugs plaguing the world of
cyberspace. Two possible categories of stalkers have been identified on the
basis of personality traits:
-
Psychopathic personalities;
-
Psychotic personalities.
The first are usually men, who however fail to manifest mental disorders,
and who act anonymously and following precipitant events. Psychotic
personalities, on the other hand, can characterize both men and women, who
attempt to contact their victims, act in the absence of precipitant events, and
are generally marked by previous delusions (Petherick).
As for the phenomenon of pedophilia,
at the convention on “Sex and Law” (Nov. 25-26, 2000) Angelo Zappalà
presented a paper showing how the considerable progress made by technology makes
it possible, in a very few minutes, to portray a human being, and therefore even
a child, in extremely realistic terms. The dummies similarly created can, via
simple commands, walk hand in hand, or make other movements. The question arises
as to whether it is possible to go to the extreme of forbidding, as we are
dealing with dummies and not real children, the sale of such material, which can
also be contrived in pedophilic terms (Zappalà, 2002).
Surely, of greater interest are electronic crimes, stricty speaking,
because of the new aspects they involve. Take, for example, the hackers who
utilize the most sophisticated technologies, not only to violate secrets, but
also to damage systems; or those who are constantly sending useless or unwanted
e-mail messages (a practice known as spamming), in order to jam sites. On
February 7, 2000, that is exactly what happened to Yahoo and Amazon, who
consequently were unable to offer their services, simply because someone decided
to jam their memory systems with absurd messages.
3.
Virtual reality and ordinary reality
There are also mixed forms of offense, in that events that start off as virtual can
successively be played out on the plane of reality. In fact, I can begin
bombarding a site or someone’s e-mail with the purpose of meeting that person.
In other instances, a hacker can effect his violation for the sheer intellectual
pleasure of demonstrating that nothing can stop him. And it can also be a way of
coming by secrets to be used in real life.
What are the relations between virtual and real realty? The magazine
Cyber Sex (Al Cooper, 2000), addresses the theme of betrayal within the sphere
of conjugal fidelity; that is, the behavior of someone who spends a lot of time
with his or her computer with the purpose of having a relationship with another
partner. Even in this case there are mixed forms, in that the virtual can
constitute the initial phase of a true relationship which began as an on-line
encounter, and then continued off-line. There will also be mixed forms because,
if the two masturbate while engaging in their keyboard dialogue, real reality
powerfully enters this purely platonic dialogue in electronic terms.
Jennifer Schneider (Schneider, 2000) has studied the effects of cybersex
addiction on the family. Her research was conducted on 91 women and 3 men aged
between 24 and 57, whose conjugal relationship had suffered due to virtual
betrayal. In 60.6% of the cases, sexual activity was limited to cyber sex; that
is, there were no off-line encounters. Nevertheless, results showed that:
-
22.3% of the couples separated or divorced, and that
cybersex addiction played a considerable role in their
separation;
-
68% of the couples experienced a loss of interest in
their partners (52.1% by the sex addicts, and 34%
by the other partner).
It also surfaced that partners go through three phases:
1.
The ignorance phase, wherein they are not aware of
what is going on; they feel that something is amiss in
their conjugal relationship, but are unable to identify
the problem. Suspicions start to arise toward the end
of this first phase.
2.
The revelation phase, wherein they discover, either
casually or after some research, their partner’s
activities. The emotions they feel are quite strong,
consisting first of shock and disbelief, and then of
pain, anger and confusion. Often due to shame, the
partners of these so-called addicts don’t speak with
anyone about their problem, thus ending up both
isolated and depressed. There begins a cycle of
promises made but not kept, of increasing
monitoring of the other’s activities and whereabouts,
of rows and distrust until the problem is resolved
in one way or the other.
3.
the solution phase, in which the relationship is
either accepted as it is, or is ended. Those
interviewed stated
that the suffering they
experienced was the same as if the betrayal had
been real.
It is worthwhile suggesting that betrayal via computer also has negative
effects on the children:
-
in 37.1% of cases, children lose interest in their
parents, who become less interested in their offspring;
-
in 30% of cases, children experience frequent rows
in the household;
-
in 14.3% of cases, children have either seen or come
upon pornographic material in the household, or have
seen their parents masturbate;
-
in 12.6% of cases, children are too young to show any
interest.
4.
Counter-measures
On
June 29, 2001, the European Council came up with the final draft of a convention
on cybercrime, geared to being the prime instrument in the fight against
electronic crime. The document consists of 48 articles, among which are stressed
the parts that refer to pedophilia, illegal access and interception, and
copyright and royalty violations. The full text of the convention can be visited
at: http://conventions.coe.int/Treaty/EN/projects/FinalCybercri-me.htm
5. The empirical uses of virtual
reality
Anderson
and Dill (2000) have studied the effects of videogames on aggressive behavior in
order to verify whether videogames with an especially violent content can
engender aggressive and criminal attitudes, feelings and modes of behavior in
those who engage in them. The answer was affirmative. The study was conducted on
227 people, all university students, 78 of whom were males, and 149 females, who
were asked to fill in a questionnaire. The questions asked were:
-
what videogames do you prefer?
-
What was their degree of aggressiveness?
-
What type of aggressiveness and criminal acts
were suggested as having any correlation?
The
results showed that exposure to aggressive videogames increases the degree of
personal aggressiveness over the short term, while over the long the
“player” acquires new behavioral patterns which he tends to put into
practice in everday life. The resulting risks prove to be greater than those
associated with television, as with videogames people tend to have a more active
role, and share more directly in the creation of a virtual reality. It remains
to be seen whether it was the videogames that caused the players to become
aggressive, or whether it was that, because these people had the tendency to be
aggressive, they were drawn to this type of virtual games (Spatz Widom, 1989).
In another of my research projects (Mancosu, 1999), my intent was to
examine the reasoning processes of young delinquents, and precisely what are the
decision-making processes that are implemented during commission of a crime. The
researcher filmed parked cars in different parts of the city and at different
times. The results were shown both to young students and to youths with a police
record. Both were required to describe out loud how they would behave if they
were to steal a radio from one of the filmed automobiles. The result was that
the two groups gave different accounts as to how they would act. In this case,
creating a virtual reality was helpful in studying the decision-making processes
of offenders both from the standpoint of analysis and prevention.
6.
Trial use of virtual reality
Consequent upon the introduction of the new Criminal Procedure Code in
1989, trial procedures have replaced the inquisitorial monologue structure with
that of dialogue. In order to construct the trial reality, the parties avail
themselves of expertise stemming from a multitude of disciplines. And, in recent
years, even the computer has made its entry into the court house (Gulotta,
2000). There are two basic ways of using the device:
1.
As an electronic board. In this case, the computer is
used to represent one’s reasoning processes, in order
to reconstruct complex situations and events;
2.
as a simulation of an event to be reconstructed.
In
the latter instance, it is clear that the virtual reconstruction of an accident
or criminal event makes it possible to treat the images in a repeatable and
tridimensional manner, both by changing the perspective and the speed.
Furthermore, it also makes it possible to verify hypotheses both of prosecution
and defence.
Although
the system can offer various advantages, it is nevertheless necessary to be
mindful of the fact that:
-
the computer can be wrong;
-
the judge has to be aware of the power to persuade
that goes hand in hand with the computer and its
images.
7.
Virtual reality or simple imagination?
In
one of his books dealing with chat lines, A. Roversi (2001) describes the
“Lesbian Café”, a virtual establishment and encounter venue for women
worldwide. Here, conversation gives rise to a new reality. In fact, people talk
about how the place is furnished as if it were real. Thus, a young woman can
even be heard asking the owner why she moved an armchair next to the fireplace.
Could it be that “virtual reality” is the new way we call imagination?
The answer my lie in something that happened to me quite recently.
One morning, when entering a café, I saw that on the counter there was
an enticing wedge of cake, which I at once decided to eat. As I drew it closer
to my mouth I was aware of an extremely pleasant fragrance. Then, sinking my
spoon in the cake I heard the typical sound that a cake makes when it is being
scouped up by a spoon. Then, no sooner had I popped it into my mouth than my
palate, besides feeling the saliva
touching the cake, was further excited by the delicate texture and fragrance of
the delectable morsel. Then I slowly swallowed. How many of you, reading this,
felt their mouth water? I have done nothing but activate your senses from a
visual, acoustic and olfactory perspective, along with tickling your taste buds.
By so doing I have forced you to think in a certain way, so that your organism
would respond “as if” you actually had a piece of cake in front of you. By
using your imagination, and by describing the cake to you in a certain way, I
got you to feel ready to swallow the cake (Gulotta, 1997).
Perhaps virtual reality is nothing more than the creation of an imaginary
reality. In my case with words -
Sartre said that “words were loaded guns” - and in virtual reality not only
with words, but also through the five senses. A reality that can become the
arena for new crimes, or for old ones in new guises.
Bibliography
Anderson,
C.A., Dill, K.E., Video games and aggressive thoughts,
feelings and behavior in the laboratory and in life, Journal
of Personality and Social Psychology, 78,
4, pp. 772-790,
2000.
Computer
Crime: www.cybercrime.gov,www.cybercrimes.net
Cooper,
A., Cyber Sex. The dark side of the force.
A special
issue of the Journal Sexual Addiction & Compulsivity,
Brunner Routledge, 2000.
Grabosky
P., Smith R.G., Dempsey G., Electronic
Theft.
Unlawful acquisition in cyberspace, Cambridge
Univ.
Press, New York, 2001.
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G., Lo psicoterapeuta stratega,
Milano, Franco Angeli,
1997.
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G., Zettin M., Psicologia giuridica e
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G., Elementi di psicologia giuridica e di
diritto
psicologico,
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Giuffrè, pp. 318-337, 1999.
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W., Cyber-Stalking: obsessional pursuit
and the
digital criminal, www.crimelibrary.com
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A., Chat line, Bologna, Il Mulino,
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J.P., Effects of cyber addiction on the family: results
of a survey, in Cooper A., Cyber
Sex. The dark side of the
force.
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Widom C., Does violence beget violence? A critical
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Bulletin,
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* I am especially grateful to Carla Cristino, who organized the material of a conference I delivered at the XI Residential Seminary (entitled: Individui e gruppi nella comunicazione virtuale: rapporti, regole e devianze), held at Passo della Mendola on July 14-16, 2001, under the auspices of Milan’s Catholic University of the Sacred Heart.