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Mitigating Circumstances in Cybercrime: a Position Paper.

Ali, R., McAlaney, J., Faily, S., Phalp, K. T. and Katos, V., 2015. Mitigating Circumstances in Cybercrime: a Position Paper. In: CEWE 2015: 3rd International Workshop on Cybercrimes and Emerging Web Environments, 26--28 October 2015, Liverpool, UK.

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Raian_Ali_et_al_CEWE2015_Mitigating_Circumstances_in_Cybercrime[1].pdf - Accepted Version



This paper argues the need for considering mitigating circumstances in cybercrime. Mitigating circumstances are conditions which moderate the culpability of an offender of a committed offence. Our argument is based on several observations. The cyberspace introduces a new family of communication and interaction styles and designs which could facilitate, make available, deceive, and in some cases persuade, a user to commit an offence. User’s lack of awareness could be a valid mitigation when using software features introduced without a proper management of change and enough precautionary mechanisms, e.g. warning messages. The cyber behaviour of users may not be necessarily a reflection of their real character and intention. Their irrational and unconscious actions may result from their immersed and prolonged presence in a particular cyber context. Hence, the consideration of the cyberspace design, the “cyber psychological” status of an offender and their inter-relation could form a new family of mitigating circumstances inherent and unique to cybercrime. This paper elaborates on this initial argument from different perspectives including software engineering, cyber psychology, digital forensics, social responsibility and law.

Item Type:Conference or Workshop Item (Paper)
Uncontrolled Keywords:mitigating circumstances; cybercrime; cyberspace.
Group:Faculty of Science & Technology
ID Code:22517
Deposited By: Symplectic RT2
Deposited On:28 Sep 2015 14:57
Last Modified:14 Mar 2022 13:53


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