24. For a discussion of the importance of public confidence in the banking systems, see, e.g., Vincent Di Lorenzo, “Public Confidence and the Banking System: The Policy Basis for Continued Separation of Commercial and Investment Banking,” 35 American Law Review, (1986), pp. 647–98, at http://www.stjohns.edu/sites/ default/files/documents/law/dilorenzopublic_confidence_policy_basis.pdf. Public confidence stretches well-beyond banking and financial markets, with loss of confidence being attributed as one of the principle factors contributing to the fall of the Roman Empire. See, e.g., Edward Gibbon, The Decline and Fall of the Roman Empire, (New York: Harcourt, Brace, 1960). 25. See generally, WDR supra § 1 A, note 10, at 221 et seq. 26. Thomas Weigend, “Information Society and Penal Law: General Report,” Revue internationale de droit pénal, Vol. 84 (2013), p. 53. 27. Latin: “horror vacui”; a postulate of physics attributed to Aristotle. 28. An approximation of the notion of physics that the least energy state is preferable. 29. Francesca Spidalieri, State of the States on Cybersecurity, (Newport: Pell Center for International Relations, 2015), p. 3, at http://pellcenter.org/wp-content/ uploads/2017/02/State-of-the-StatesReport.pdf. 30. Brett Burns, “Level 85 Rogue: When Virtual Theft Merits Criminal Penalties,” University of Missouri-Kansas City Law Review, Vol. 80 (2011), p. 845f. 31. US Government Accountability Office (GAO), Public and Private Entities Face Challenges in Addressing Cyber Threats, (Washington: GAO, 2007), p. 15, at http:// www.gao.gov/new.items/d07705.pdf. 32. See, e.g., ibid., 23; CoE, Convention on Cybercrime, (23 Nov. 2001) ETS No. 185 [hereafter, “Budapest Convention”], Preamble, at https://www.coe.int/en/ web/conventions/full-list/-/conventions/ treaty/185; Philippines: Cybercrime Prevention Act of 2012, No. 10175, Ch. II, Art. 4-A, at https://www.unodc.org/ cld/en/legislation/phl/republic_act_ no._10175_cybercrime_prevention_act_ of_2012/chapter_ii/article_4-a/article_4-a. html. Page 54 | Chapter 1 | End Notes 33. David S. Wall, “Policing Cybercrimes: Situating the Public Police in Networks of Security within Cyberspace,” Police Practice & Research, Vol. 8, Issue 2 (2007), pp. 183–205. 34. Brenner, supra note 2. 35. David S. Wall, “Cybercrime as a Conduit for Criminal Activity,” in: A. Pattavina (ed.), Information Technology and the Criminal Justice System, (Beverly Hills, CA: Sage Publications, 2015), pp. 77–98. 36. Emilio Viano, “Cybercrime: A New Frontier in Criminology,” International Annals of Criminology, Vol. 44 (2006), pp. 11–22. 37. Audrey Guinchard, “Cybercrime: The Transformation of Crime in the Digital Age,” Information, Communication and Society, Vol. 11 (2008), pp. 1030–32. 38. See, e.g., Stalking Resource Center, National Center for Victims of Crime, Stalking Technology Outpaces State Laws, Stalking Resource Center Newsletter, Vol. 3, No. 2 (2003), at https://victimsofcrime. org/docs/src/stalking-technologyoutpaces-state-laws17A308005D0C. pdf?sfvrsn=2. 39. Emilio C. Viano, “§ II – Criminal Law. Special Part, Information Society and Penal Law, General Report,” Revue Internationale de Droit Pénal, Vol. 84 (2013) 3–4, p. 339. 40. USC Title 18, § 1961. However, at least six types of fraud commonly charged in conjunction with USC Title 18, § 1030 are RICO predicate offenses, as are many serious offenses likely to underlie a cybercrime (trafficking in persons, interstate transportation of stolen property, murder for hire, etc.). 41. For more information on RICO, see Charles Doyle, “RICO: A Brief Sketch,” US Congressional Research Service (CRS), No. 96-950 (18 May 2016), at https://fas. org/sgp/crs/misc/96-950.pdf. 42. Mark Gordon, “Ideas Shoot Bullets: How the RICO Act Became a Potent Weapon in the War Against Organized Crime,” Concept, Vol. 26, (2002), at https:// concept.journals.villanova.edu/article/ view/312/275. 43. Weigend, supra note 26, at 51. 44. Full list of legislation in the United States concerning cyberbulling can be found under this address: http://cyberbullying. org/bullying-laws. For a broad analysis of cyberbullying law in the United States, see Megan Rehber & Susan W. Brenner, “‘Kiddie Crime?’ The Utility of Criminal Law in Controlling Cyberbullying,” First Amendment Law Review, Vol. 8 (2009), pp. 73–78. 45. Weigend, supra note 26, at 53. 46. Ibid. at 52. 47. India: State of Tamil Nadu vs. Suhas Katti (CC No.4680/2004). 48. Allen Chein, “A Practical Look at Virtual Property,” St. John’s Law Review, Vol. 80 (2006), p. 1088f. See also Theodore J. Westbrook, “Owned: Finding a Place for Virtual World Property Rights,” Michigan State Law Review (2006), p. 779ff. 49. In the RuneScape case, the Dutch Supreme Court decided that electronic goods are equal to tangible goods: “virtual goods are goods [under Dutch law], so this is theft”; Ben Kuchera, “Dutch Court Imposes Real-World Punishment for Virtual Theft,” Ars Technica, (23 Oct. 2008), at https://arstechnica.com/ gaming/2008/10/dutch-court-imposesreal-world-punishment-for-virtual-theft/. 50. The US Dept. of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In 1998, Congress passed the Identity Theft and Assumption Deterrence Act, which created a new offense of identity theft and prohibiting “knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.” USC Title 18, § 1028 - Fraud and Related Activity in Connection with Identification Documents, Authentication Features, and Information. 51. Jonathan Clough, “Data Theft? Cybercrime and the Increasing Criminalization of Access to Data,” Criminal Law Forum, Vol. 22 (2011), pp. 145–70. 52. Alex Steel, “The True Identity of Australian Identity Theft Offences: A Measured Response or an Unjustified Status Offence?,” University of New South Wales Law Journal, Vol. 33 (2010), pp. 503–531. Table of Contents