presentation, usually to some remote, automated interface, of identifying information (e.g., a password). In the virtual setting, the cybercriminal may fraudulently induce someone to voluntarily reveal that information or use automated “keystroke logging” software to record an electronic copy of that information and relay it to the cybercriminal. While the two paradigms are relatively comparable, transitional difficulties arise at the level of law enforcement.36 For instance, police, frequently accustomed to building a physical record—a physical “paper trail”—, often have difficulty transposing that record to the electronic world and investigating on purely electronic grounds.37 Problems in conceptualization are often complicated or reinforced by laws that remain outpaced by technological developments.38 As a result, law enforcement often lags far behind the pioneers of organized crime.39 For example, in the United States, computer fraud (criminalized in 18 USC § 1030) is not yet classified as a predicate offense for racketeering under the Racketeer Influenced Corrupt Practices (RICO) Act.40 One of the most important tools to combat organized crime,41 RICO, which allows for leaders of crime syndicates to be targeted, came to prominence in the 1980s when its provisions began to be applied to combat the mafia.42 Cyberspace has allowed criminals to more “efficiently” commit crimes.43 Electronic tools and equipment, many of which are freely available on the internet, can be ordered and distributed with just one mouse-click, yet frequently affecting millions. Examples of “computerized” or “electronic” versions of traditional crimes include ICT-mediated fraud, revelation of electronically-stored secrets, forging digitally-stored data, defamation, cyberstalking, copyright violation and cyber-bullying.44 In such instances, the affected interests remain the same, with only the modus operandi differing from the traditional form.45 In many cases, cyberspace has made committing crimes so much simpler that the use of the electronic medium has eclipsed using traditional ones. For instance, today, pornography (including child pornography) is principally transmitted and distributed electronically. Indeed, such behavior has even led some legal systems to introduce special criminal prohibitions against cyber pornography, with nuanced aspects unique to cyberspace being addressed—for instance, “grooming” of children for potential sexual abuse through electronic communications has also been defined as a criminal offense in many jurisdictions.46 Where perpetrators use virtual social networks to initiate and establish physical contact in order to commit sexual offenses, they cross the line between the “traditional” crime type and the type of crime that depends on the existence of the internet. Case 1.2: State of Tamil Nadu vs. Suhas Katti (India)47 Complainant, a divorced woman, was the subject of obscene, defamatory and harassing messages that were both posted online and which were sent to her from an email account falsely opened in Complainant’s name. Defendant’s postings, which released her phone Page 19 | Chapter 1 | § B. Phenomenon & Dimensions of Cybercrime Table of Contents