Referenced in: § B. Phenomenon & Dimensions of Cybercrime 1. 2. 3. The title of this section owes its inspiration to ITU’s report, International Telecommunication Union (ITU), Understanding Cybercrime: Phenomena, Challenges and Legal Response, (Geneva: ITU, 2014) [hereafter, “ITU Understanding Cybercrime”], at http://www.itu.int/ en/ITU-D/Cybersecurity/Documents/ cybercrime2014.pdf. See, e.g., Susan Brenner, “Thoughts, Witches and Crimes,” CYB3RCRIM3: Observations on Technology, Law, and Lawlessness, (6 May 2009), at http:// cyb3rcrim3.blogspot.com/2009/05/ thoughts-witches-and-crimes.html (noting that “cybercrime is merely a method crime, i.e., crime the commission of which is distinct due to the tool the perpetrator uses. […] cybercrime [can be addressed through…] traditional offenses that are revised, as necessary, to encompass the digital versions of these crimes”). From Shakespeare’s “The Tempest,” V.i, 186–189 (in which Miranda proclaims, “O wonder! / How many goodly creatures are there here! / How beauteous mankind is! O brave new world, / That has such people in’t.”), and used by Aldous Huxley in his 1931 novel by the same name (“ ‘O brave new world!’ Miranda was proclaiming the possibility of loveliness, the possibility of transforming even the nightmare into something fine and noble. ‘O brave new world!’ It was a challenge, a command.”). 4. Merriam-Webster Dictionary. 5. Black’s Law Dictionary, 2d ed. 6. Maria Konnikova, “Virtual Reality Gets Real: The Promises—and Pitfalls—of the Emerging Technology,” The Atlantic, (Oct. 2015), at http://www.theatlantic.com/ magazine/archive/2015/10/virtual-realitygets-real/403225/. 7. For a provocative fictional depiction thereof, and querying of what is “real,” see Jennifer Haley, “The Nether” (Chicago: Northwestern Univ., 2015). For a review of the play, see, e.g., Sadie Dingfelder, “‘The Nether’ at Woolly Mammoth Is a Creepy Puzzle of a Play,” Washington Post, (7 Apr. 2016), at https:// www.washingtonpost.com/express/ wp/2016/04/07/the-nether-at-woollymammoth-is-a-creepy-puzzle-of-a-play/. Page 53 | Chapter 1 | End Notes 8. See, e.g., WDR, supra § 1 A, note 10, which lays out a multitude of ways in which the internet and ICTs (mobile phones, computers and other technologies and tools) contribute to innovation, economic growth, economic and social inclusion and efficiencies, as well as attendant risks. 9. Ilia Kolochenko, “Cybercrime: The Price of Inequality,” Forbes, (16 Dec. 2016), at http://www.forbes.com/sites/ forbestechcouncil/2016/12/19/cybercrimethe-price-of-inequality/2/#1994040176db. 10. “Number of Internet Users Worldwide from 2005 to 2016 (in Millions),” Statista, at http://www.statista.com/ statistics/273018/number-of-internetusers-worldwide/. 11. See, e.g., Noah Rayman, “The World’s Top 5 Cybercrime Hotspots,” Time, (7 Aug. 2014), at http://time.com/3087768/ the-worlds-5-cybercrime-hotspots/; Craig Silverman & Lawrence Alexander, “How Teens in the Balkans Are Duping Trump Supporters with Fake News,” BuzzFeed News, (3 Nov. 2016), at https:// www.buzzfeed.com/craigsilverman/ how-macedonia-became-a-globalhub-for-pro-trump-misinfo?utm_term=. eiWv81lZY#.yrrb4qwgD. 12. “Norton Cybersecurity Insights Report 2016,” Symantec, (2016), at https:// us.norton.com/norton-cybersecurityinsights-report-global?inid=hho_norton. com_cybersecurityinsights_hero_ seeglobalrpt. 13. See also “Cyberspace Policy Review,” The White House of President Barack Obama, at https://obamawhitehouse. archives.gov/cyberreview/documents/. 14. See also “Leader of Hacking Ring Sentenced for Massive Identity Thefts from Payment Processor and US Retail Networks,” US Dept. of Justice, (26 Mar. 2010), at https://www.justice.gov/sites/ default/files/usao-nj/legacy/2014/09/02/ dojgonzalez0326rel.pdf. 15. United States v. Steven W. Chase, 5:15-CR-00015-RLV-DCK-1 (W.D.N.C. 2016). To date, reports indicate that at least 137 cases have been brought around the United States following on from the FBI sting operation. See, e.g., “The Playpen Cases: Frequently Asked Questions The Basics,” Electronic Frontier Foundation, at https://www.eff. org/pages/playpen-cases-frequentlyasked-questions#howmanycases. See also US Dept. of Justice, “Assistant Attorney General Leslie R. Caldwell Delivers Remarks Highlighting Cybercrime Enforcement at Center for Strategic and International Studies,” Office of Public Affairs, (7 Dec. 2016), at https://www.justice.gov/opa/speech/ assistant-attorney-general-leslie-rcaldwell-delivers-remarks-highlightingcybercrime. 16. See, e.g., Joseph Cox, “The FBI’s ‘Unprecedented’ Hacking Campaign Targeted over a Thousand Computers,” Motherboard, (5 Jan. 2016), at http:// motherboard.vice.com/read/the-fbisunprecedented-hacking-campaigntargeted-over-a-thousand-computers. 17. “Tor,” Tor Project, at https://torproject. org/. 18. Duly named because it uses onion routing, a technique of layered encryption for anonymous communication over a computer network. See, e.g., Joan Feigenbaum, Aaron Johnson & Paul Syverson, “A Model of Onion Routing with Provable Anonymity,” Financial Cryptography & Data Security, (30 Aug. 2006), pp. 57–71, at http://www. cs.yale.edu/homes/jf/FJS.pdf. 19. Chris Baraniuk, “Tor Launches AntiCensorship Messenger Service,” BBC News (30 Oct. 2015), at http://www.bbc. com/news/technology-34677323. 20. Ibid. 21. Ibid. 22. Parliamentary Office of Science and Technology (POST), “The Darknet and Online Anonymity,” UK Houses of Parliament, No.488 (9 Mar. 2015), at http://researchbriefings.parliament. uk/ResearchBriefing/Summary/POSTPN-488. 23. See, e.g., “What is the Law?” Information Exchange Network for Mutual Assistance in Criminal Matters and Extradition (the “Network”), (2007), at https://www.oas. org/juridico/mla/en/can/en_can_mla_ what.html. Table of Contents