Concurrent session 2a—Legal frameworks: Complicity in cyberspace—Applying doctrines of accessorial liability to online groups

Dr Gregor Urbas, Associate Professor of Law, University of Canberra

Cybercrime is often committed by groups of individuals cooperating in some manner, even though they may be located in different parts of the world or be unknown to each other except through online identities (eg screen names). In some cases, this may approximate an organised crime structure, while in others the degree of connection is more fleeting and opportunistic; that is, in some groups, central command-and-control is evident, while in others members engage as individual entrepreneurs. Some offenders also recruit unsuspecting victims (eg mules) to assist in facilitating their crimes, or take advantage of others' technological vulnerabilities (eg to create zombies and botnets). There has been some criminological analysis of cybercrime organisations. However, the applicability of traditional legal doctrines of criminal complicity to the online environment has received little legislative, prosecutorial or judicial consideration. In this presentation, we consider how such concepts as aiding and abetting, procuring, acting in concert, incitement, conspiracy and commission in company might apply to online groups of offenders. We suggest that a more explicit recognition of ‘virtual presence’ is required as the key legal element. This also assists in resolving persistent questions about jurisdiction (eg in identifying where a crime was committed).

Additional authors: This presentation is assisted by Anya Aidman and Kendra Fouracre who teach cybercrime with Dr Urbas at the University of Canberra.