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.

Gulotta G., Lo psicoterapeuta stratega, Milano, Franco Angeli,

         1997.

Gulotta G., Zettin M., Psicologia giuridica e responsabilità,

         Milano, Giuffrè, 1999.

Gulotta G., Elementi di psicologia giuridica e di diritto

         psicologico, Milano, Giuffrè, 2000.

Mancosu E., Il percorso decisionale dei ladri d’auto, in Gulotta         G., Zettin M., Psicologia giuridica e responsabilità, Milano,         Giuffrè, pp. 318-337, 1999.

Petherick W., Cyber-Stalking: obsessional pursuit and the

         digital criminal, www.crimelibrary.com

Roversi A., Chat line, Bologna, Il Mulino, 2001.

Scheinder J.P., Effects of cyber addiction on the family: results

         of a survey, in Cooper A., Cyber Sex. The dark side of the

         force. A special issue of the Journal Sexual Addiction &

         Compulsivity, Brunner Routledge, pp. 31-58, 2000.

Spatz Widom C., Does violence beget violence? A critical

         examination of the literature, in Psychological Bulletin,

         vol. 106, n. 1, pp. 3-28, 1989.

Zappalà A., Pedofilia e internet, in Gulotta G., Pezzati S.,

         Sessualità diritto e processo, Giuffrè, Milano, 2002.      

 



* 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.