Source:
Standford Technological Law Review 2 (2004)
On January 12, 2003, Brandon Vedas, a twenty-one-year-old computer expert from Arizona, died after taking a lethal dose of controlled substances.1 Sad as it is to know that a troubled young man took his own life, the circumstances surrounding Brandon’s apparent suicide offer a glimpse of a new and unfamiliar landscape. At the time of his death, Brandon had a captive audience, watching him through a webcam, as he ingested a lethal cocktail of drugs and alcohol in full view of a group of chat room companions. According to the chatroom transcript, some participants warned Brandon against taking too many drugs, while others actually encouraged him to take more. Brandon’s last coherent words were “I told u [sic] I was hardcore.”
Whether or not Brandon’s death was the result of undiagnosed depression, a reckless experiment gone awry, or simply an accident inspired by peer pressure remains uncertain. What his tragic death does establish, however, is the permanent impact that information and telecommunications technology (generally referred to as the “Internet”) has had on the way we interact, and its power to creep into the most intimate spheres of our existence. For better or for worse, the Internet has transformed our social landscape, and if current trends hold true, we are at the cusp of a new era facing the dark sociopolitical policy concerns of an interconnected existence. For instance, figures show online dating is rapidly becoming a fixture of single life for more than 45 million adults of all ages, backgrounds, and interests. Researchers at the University at Buffalo have developed a system that allows one person to experience the sense of touch felt by another, and transmit the sensation over the Internet. A 2003 study examining the media interests of young adults found that teens now spend more time on the Internet than watching television. A report on e-mail at work found that 98% of users with Internet access use e-mail on the job.
The Internet’s awesome power of interconnectivity has made it by far the fastest growing medium in human history. According to a 2002 report by the United Nations (“U.N.”) Conference on Trade and Development, 655 million people around the world now have Internet access. In India, Internet access increased 27.3% from 5.5 million users in 2000 to 7 million users in 2001.9 During the same time period, Internet users in South Africa increased by 27.8%, in Brazil by 60%, and in Mexico by 34%.10 A 2002 study by the U.S. Department of Commerce found that 143 million Americans (about 54% of the population) were using the Internet in September 2001—an increase of 26 million in thirteen months.
But, with increased online integration also comes a new vehicle for misconduct. Operating at a tortured pace, the legal systems of the world have only now begun to recognize the realities of the Internet’s unregulated, borderless realm. So far, only a patchwork of laws exists to protect users against emerging criminal conduct in cyberspace. According to published reports, only fifty or sixty countries have specific laws against cybercrimes. Interpol representatives estimate that more than a hundred countries have no laws on computer offences. Unfortunately, gaping holes in the law, coupled with the Internet’s global setting, create new vulnerabilities for the Internet community at large.
A joint report by the National White Collar Crime Center and the U.S. Federal Bureau of Investigation (“FBI”) found that fraud complaints in the United States arising from Internet transactions tripled in 2002 relative to the year before. The FBI’s Internet Fraud Complaint Center received 48,252 complaints in 2002; in 2001, it only received 16,775 complaints. The report also found that approximately 46% of the complaints involved auction fraud. Not surprisingly, the total monetary loss tripled from $17 million in 2001 to $54 million in 2002.
Still, the United States is not the only nation facing increased vulnerabilities in cyberspace. In the United Kingdom, law enforcement officials have found that cyber-crime incidents are doubling every eighteen months. In South Korea, the National Policy Agency reported that in 2001 cyber-offences shot up 126% from the year before, to 33,289 cases, and totaled 39,482 cases in the first eight months of 2002.
Equally unsettling is the societal impact of criminal activity that goes beyond quantifiable figures. Although the ongoing developments in the Internet’s potential hold a special promise for our future, the global presence of this new medium has introduced a host of new dangers that transcend cultural norms, national boundaries, and traditional territorial law enforcement mechanisms.
Benefiting from the confusion, many cyber-predators exploit gaps in the law, test its limits, and hide behind conflicting definitions of criminal activity. Identity predators, for example, abuse lax information-sharing policies to commit identity fraud. Cyberstalkers track their victims online, sending offensive e-mails or menacing messages using Instant Messaging technology. Spammers not only bombard users with unsolicited junk e-mail, but can also spread destructive computer viruses—like the SoBig.F virus—within messages that have misleading subject lines.
In a June 2003 message to WiredSafety.org, one cybercrime victim aptly summarized the user frustrations of an expanding, but loosely-regulated, virtual realm: I am being harassed, stalked, and my personal identity has been plastered over the Internet on a home business web page. I have contacted the Sheriff’s department, but it does not involve a large amount of money. . . . Is there anyone out there that can give me some advice?
This article will strive to shed light on the dark arts of cyberspace by examining three Internet safety policy concerns that remain largely overlooked in this virtual realm: identity theft, cyberstalking, and informational privacy invasions. Part I will discuss the gravity of the identity theft situation in the United States in light of Corporate America’s promiscuous use of the Social Security Number (“SSN”) as the primary method of identifying individuals. Part II will discuss the emerging social concerns in cyberspace involving harassment, bullying, and other scare-tactics known as cyberstalking. Part III will touch on the role informational privacy invasions play in promoting criminal activity in cyberspace. Part IV will lay out the policy challenges that lie ahead, given the rapid integration of Internet technology into the fabric of our everyday lives. In sum, this article will press the need for sound Internet policies that foster economic prosperity and secure a reasonable sense of personal safety.