@inproceedings { , title = {Mitigating circumstances in cybercrime: a position paper.}, abstract = {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.}, conference = {3rd International workshop on cybercrimes and emerging web environments (CEWE 2015), part of the 13th IEEE international conference on dependable, autonomic and secure computing (DASC 2015), co-located with the 15th IEEE international conference on comput}, doi = {10.1109/CIT/IUCC/DASC/PICOM.2015.292}, note = {INFO COMPLETE (notified by contact 08.12.2021 GB) PERMISSION GRANTED (version = AAM ; embargo = none ; licence = publisher's own ; https://conferences.ieeeauthorcenter.ieee.org/author-ethics/guidelines-and-policies/post-publication-policies 08.12.2021 GB) DOCUMENT READY (downloaded AAM from Bournemouth 08.12.2021 GB) ADDITIONAL INFO: Shamal Faily © 2015 IEEE. Personal use of this material is permitted. Permission from IEEE must be obtained for all other uses, in any current or future media, including reprinting/republishing this material for advertising or promotional purposes, creating new collective works, for resale or redistribution to servers or lists, or reuse of any copyrighted component of this work in other works.}, pages = {1972-1976}, publicationstatus = {Published}, publisher = {IEEE Computer Society}, url = {https://rgu-repository.worktribe.com/output/1446655}, keyword = {Cybercrime, Cybercriminals, Hacking, Computing law, User behaviour, Access and authorisation}, year = {2015}, author = {Ali, Raian and McAlaney, John and Faily, Shamal and Phalp, Keith and Katos, Vasilios} editor = {Wu, Yulei and Min, Geyong and Georgalas, Nektarios and Hu, Jia and Atzori, Luigi and Jin, Xiaolong and Jarvis, Stephen and Liu, Lei and Agüero Calvo, Ramón} }