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Abstract

Like most criminological research, much of the research on hacking has predominantly focused upon the Northern Metropolis. As a result, there is a lack of focus on cybercrime within the Global South, particularly on illegal intrusions into computer systems, more colloquially known as hacking. This article provides a critical overview of hacking in the Global South, highlighting the role of strain in this offending behaviour. In particular, the authors note the role of Australian, American, and Taiwanese immigration policies that act to block offenders’ transitions from illicit hacking to legitimate employment in technological hubs outside of the Global South. To address these blocked opportunities, this article suggests the use of innovative justice paradigms, particularly restorative justice and regulatory self-enforcement, that respond to innovation-based cybercrime while also facilitating offender movement into “white hat” employment, even in cases of technology-facilitated sexual violence.
Vol.:(0123456789)
https://doi.org/10.1007/s11417-021-09356-1
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What theHack: Reconsidering Responses toHacking
LennonYao‑ChungChang1 · JohnWhitehead2
© The Author(s), under exclusive licence to Springer Nature B.V. 2021
Abstract
Like most criminological research, much of the research on hacking has predominantly
focused upon the Northern Metropolis. As a result, there is a lack of focus on cybercrime
within the Global South, particularly on illegal intrusions into computer systems, more
colloquially known as hacking. This article provides a critical overview of hacking in the
Global South, highlighting the role of strain in this offending behaviour. In particular, the
authors note the role of Australian, American, and Taiwanese immigration policies that act
to block offenders’ transitions from illicit hacking to legitimate employment in technologi-
cal hubs outside of the Global South. To address these blocked opportunities, this article
suggests the use of innovative justice paradigms, particularly restorative justice and regula-
tory self-enforcement, that respond to innovation-based cybercrime while also facilitating
offender movement into “white hat” employment, even in cases of technology-facilitated
sexual violence.
Keywords Cybercrime· Hacking· Regulatory self-enforcement· Restorative justice·
Strain theory· Smart regulation
Introduction
The growth of the internet, and the global reliance on this infrastructure, has shifted
offending behaviour. Hacking, or an unauthorised access to computers and networks, has
transitioned previously geographic located crimes, such as fraud, theft, and even treason
(Katz, 2016), to a space without borders (Chang, 2012). The unpredictability and anonym-
ity of hacking causes a unique fear of victimisation that incorporates individuals, organisa-
tions, and nation states, and despite the difficulties of tracking or catching hackers due to its
transnational characteristics, a range of legal responses have been employed to address such
offending. For example, the Council of Europe’s Convention on Cybercrime (the Buda-
pest Convention) has suggested that illegal or unauthorised access to a computer system/
* Lennon Yao-Chung Chang
Lennon.Chang@monash.edu
John Whitehead
John.Whitehead@acap.edu.au
1 School ofSocial Sciences, Monash University, Clayton, VIC, Australia
2 Australian College ofApplied Psychology, Melbourne, VIC, Australia
Asian Journal of Criminology (2022) 17:113–126
Received: 11 August 2021 / Accepted: 2 September 2021 /Published online: 22 September 2021
Content courtesy of Springer Nature, terms of use apply. Rights reserved.
ResearchGate has not been able to resolve any citations for this publication.
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