Faculty of Education, Social Sciences and Law

School of Law

Contact Details

Professor David Wall's Publications

Books

  • Policing Cybercrime: Networked and Social Media Technologies and the Challenges for Policing, ed. by Wall DS and Williams M (Routledge, 2014)

    Cybercrime has recently experienced an ascending position in national security agendas world-wide. It has become part of the National Security Strategies of a growing number of countries, becoming a Tier One threat, above organised crime and fraud generally. Furthermore, new techno-social developments in social network media suggest that cyber-threats will continue to increase. This collection addresses the recent 'inertia' in both critical thinking and the empirical study of cybercrime and policing by adding to the literature seven interdisciplinary and critical chapters on various issues relating to the new generation of cybercrimes currently being experienced. The chapters illustrate that cybercrimes are changing in two significant ways that are asymmetrical. On the one hand cybercrime is becoming increasingly professionalised, resulting in ’specialists’ that perform complex and sophisticated attacks on computer systems and human users. On the other, the ‘hyper-connectivity’ brought about by the exponential growth in social media users has opened up opportunities to ‘non-specialist’ citizens to organise and communicate in ways that facilitate crimes on and offline. While largely distinct, these developments pose equally contrasting challenges for policing which this book addresses.

  • Wall D, Crime and Deviance in Cyberspace, The International Library of Criminology, Criminal Justice and Penology, Second Series (Aldershot: Ashgate, 2009), 1-594

    Crime and Deviance in Cyberspace presents the reader with an interesting and, at times, provocative selection of contemporary thinking about cybercrimes and their regulation. The contributions cover the years 2002-2007, during which period internet service delivery speeds increased a thousand-fold from from 56kb up to 56mb per second. When combined with advances in networked technology, these faster internet speeds not only make new digital environments easily accessible, but they also helped to give birth to a completely new generation of purely internet related cybercrimes ranging from spamming, phishing and other automated frauds, to automated crimes against the integrity of the systems and their content. In order to understand these developments, Crime and Deviance in Cyberspace introduces new cybercrime viewpoints and issues, but also a critical edge supported by some of the new research that is beginning to challenge and surpass the hitherto journalistically driven news stories that were once the sole source of information about cybercrimes.

  • Wall DS, Hunting, Shooting and Phishing: New Cybercrime challenges for CyberCanadians in the 21st Century, Eccles Lectures (British Library, 2008), 33+iiip

    Author URL [http]

    Canada is a nation that has been shaped over the past 200 years by its staple industries - hunting, fishing, agriculture and mining. The information communications technologies (ICTs) that developed to support their production and distribution, and subsequently augment them, have also played a crucial role in the formation of Canada by bridging its geographical isolation and connecting its remote communities. More recently, the networking of Canadian society via the Internet has further distorted the rules of time and space to bring together geographically and culturally distributed communities in ways that can leave them rooted in their traditions but now connected across a new framework of time and space to form a ‘CyberCanada’ – an idealised virtual nation free of the contradictions of physicality. At the heart of this CyberCanada is a new staple industry, ‘knowledge production’, which is the product of active networks that create informational capital and new forms of wealth in intellectual property. But this process is not risk free because history dictates that where wealth is produced then there are also those who wish to acquire it by means fair or foul. This paper therefore addresses the new cybercrime challenges that CyberCanadians will face in the 21st Century and beyond. It will look at the major developments in information and communications technology that are transforming our world before exploring their actual impacts upon criminal behaviour. It will then focus upon the cyber crimes themselves and before predicting where the next challenges originate. Finally, it will ponder on the digital realism of cybercrimes and the intellectual questions it creates that will need to be answered in the near future.

  • Wall DS, Cybercrime: The Transformation of Crime in the Information Age (Polity, 2007), xii,276p

    Author URL [www.polity.co.uk]

    The primary aim of this book is to contribute knowledge and understanding about the emerging subject of cybercrimes by exploring the transformation of crime and policing in the information age within the context of the shifting public discourse over security. In pursuit of this aim, the book has two key objectives. The first is to map out the substantive areas of cybercrime and therefore contribute to the production of criminological knowledge about it. The second is to understand the regulatory, legal and ‘policing’ challenges that cybercrimes pose for the criminal (and civil) justice processes within the context of an existing compliance framework, or governance assemblage. Because many of the harmful Internet behaviours raising public concern do not fall neatly within the criminal or civil codes and the means by which they are currently resolved is framed increasingly by the discourse over public safety than by law enforcement debates, the book's context is the intersection between law and criminology. Its main reference point is the ‘law in action’.

  • Crawford A, Lister SC, Wall DS, Great Expectations: Contracted Community Policing in New Earswick (York Publishing Services/Joseph Rowntree Foundation, 2003), 50 + xp

  • Wall DS, Cyberspace Crime, The International Library of Criminology, Criminal Justice and Penology (Ashgate/ Dartmouth, 2003), xxvi+582p-xxvi+582p

    Cyberspace Crime is a collection of key texts that have contributed towards, or have reflected, the various debates that have taken place over crime and the internet during that past decade. The texts are organised into three parts. The first contains a number of viewpoints and perspectives that facilitate our broader understanding of cyberspace crime/ cybercrimes. The second part addresses each of the major types of cybercrime - trespass/ hacking/cracking, thefts/ deceptions, obscenities/ pornography, violence - and illustrate their associated problems of definition and resolution. The third and final part contains a selection of texts that each deal with the impact of cyberspace crime upon specific criminal justice processes: the police and the trial process. Contents Theoretical Perspectives and Viewpoints: David S. Wall (1999) Cybercrimes: New Wine, No Bottles?; P.N. Grabosky and Russell G. Smith (2001) Digital Crime in the Twenty-First Century; Alan Norrie (2001) Dialogue and Debate: The Nature of Virtual Criminality; Wanda Capeller (2001) Not Such a Neat Net: Some Comments on Virtual Criminality; Peter N. Grabosky (2001) Virtual Criminality: Old Wine in New Bottles?; Francis Snyder (2001) Sites of Criminality and Sites of Governance; Graham Greenleaf (1998) An Endnote on Regulating Cyberspace: Architecture vs Law? Cybercrimes: Amanda Chandler (1996) The Changing Definition and Image of Hackers in Popular Discourse; Liz Duff and Simon Gardiner (1996) Computer Crime in the Global Village: Strategies for Control and Regulation - in Defence of the Hacker; Tim Jordan and Paul Taylor (1998) A Sociology of Hackers; David Mann and Mike Sutton (1998) Netcrime: More Change in the Organization of Thieving; Dorothy E. Denning (2000) Cyberterrorism: The Logic Bomb versus the Truck Bomb; David L. Speer (2000) Redefining Borders: The Challenges of Cybercrime; George Smith (1998) An Electronic Pearl Harbor? Not Likely; Hedieh Nasheri and Timothy O'Hearn (1999) The Worldwide Search for Techno-Thieves: International Competition v. International Co-operation; C. David Freedman (1999) The Extension of the Criminal Law to Protecting Confidential Commercial Information: Comments on the Issues and the Cyber-Context; Louise Ellison and Yaman Akdeniz (1998) Cyberstalking: The Regulation of Harassment on the Internet'; Matthew Williams (2000) Virtually Criminal: Discourse, Deviance and Anxiety within Virtual Communities; Nadine Strossen (2000) Cybercrimes vs. Cyberliberties; Clive Walker and Yaman Akdeniz (1998) The Governance of the Internet in Europe with Special Reference to Illegal and Harmful Content; Marty Rimm (1995) Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Descriptions, Short Stories, and Animations Downloaded 8.5 Million Times by Consumers in Over 2000 Cities in Forty Countries, Provinces, and Territories; Catharine A. MacKinnon (1995) Vindication and Resistance: A Response to the Carnegie Mellon Study of Pornography in Cyberspace; Donna L. Hoffman and Thomas P. Novak (1995) A Detailed Analysis of the Conceptual, Logical, and Methodological Flaws in the Article: 'Marketing Pornography on the Information Superhighway'; Jon Spencer (1999) Crime on the Internet: Its Presentation and Representation. Criminal Justice Processes: Marc D. Goodman (1997) Why the Police Don't Care about Computer Crime; David S. Wall (1998) Policing and the Regulation of the Internet P.K. Manning (2001) Technology's Ways: Information Technology, Crime Analysis and the Rationalizing of Policing; Janet B.L. Chan (2001) The Technological Game: How Information Technology is Transforming Police Practice; Peter Sommer (1998) Digital Footprints: Assessing Computer Evidence; Clive Walker (1996) Fundamental Rights, Fair Trials and the New Audio-Visual Sector; Name index. Reviews 'This collection provides an impressive overview of cybercrime and its control. It will be an excellent resource for teaching and for reference.' Professor Peter Grabosky, The Australian National University, Canberra, Australia 'This book offers a more than useful collection of key texts for those, who want to get beyond the too often superficial media coverage of "cybercrimes" and are eager to develop a more informed and deeper understanding of the risky landscapes of the Internet. David Wall, himself an internationally acknowledged scholar of this topic, provides a well balanced spectrum of texts, covering the most important aspects of deviance and governance in the virtual society. This compilation serves as well as an excellent starting ground for students as well as a handy reference for the legal or criminological specialist.' Dr. Detlef Nogala, Max-Planck-Institute of Foreign and International Criminal Law, Germany

  • Ryan M, Savage S, Wall DS, Policy Networks in Criminal Justice (McMillan Press, 2001), 248p

  • Wall DS, Crime and the Internet (London: Routledge, Taylor & Francis, 2001), 240p.

  • Akdeniz Y, Walker CP, Wall DS, The Internet, Law and Society (Pearson - Longman, 2000), 1, 388 + xx p

    Author URL [www.leeds.ac.uk]

    The advent of a global information society demands new understandings of the complexity of the architecture of that society and its implications for existing social institutions such as law and government. In addressing these developments, this authoritative and innovative book takes as its theme the Internet within the settings of law, politics and society. It relates and analyses their interactions and seeks to draw out the implications of “cyberspace” for law and society. It therefore has a wider and more critical agenda than existing, more technical expositions of computer or Internet law. It is about the "law in action" and not just the "law in books". It comprehends situations where action takes place in the shadow of law and where there exists a fascinating range of regulatory responses and strategies of governance. Based on original research and experience of involvement in legal and policy processes in relation to the Internet, the authors provide essential reading both as an authoritative source-book and as a critical and discursive text for anyone studying or working within the Internet’s impacts on law and society. This book comprises an ideal scholarly text for academics and students, policy-makers and practitioners.

  • Wall DS, Stallion M, The British Police: Forces and Chief Officers 1829 -2000 (Police History Society, 2000), 269 + iv p-269 + iv p

    Drawing upon painstakingly conducted research, this book firstly contains some short essays which discuss the development of the British police since 1829 and also some of the problems that are associated with conducting historical research into the British police forces. Secondly, it then lists each of the independent police forces that are known to have existed in Britain since the Metropolitan Police Act 1829 (see sample entry overleaf). Not only does it give important information about each force, but it also lists the chief officers of those forces from their inception, and in many cases, to their demise. Thirdly, to further assist the researcher the book also contains an alphabetical index of chief officers. Fourthly, a bibliography of British police force histories is included for those researchers who wish to further explore police history. This book will fill an important gap in the literature on police history and provide a reference point for existing and future historians of the police.

  • Wall DS, The Chief Constables of England and Wales: The socio-legal history of a criminal justice elite (Dartmouth Aldershot, 1998), 341p

    Book Description - This book is the socio-legal history of the chief constables of England and Wales, who are collectively one of the most powerful, yet little studied, elite groups in the UK. Multi-disciplinary in approach, this book gives an account of the historical development of the police organisation in which the office of chief constable developed. It also explores the governance of police management by identifying the various socio-legal processes that have shaped the selection, recruitment and appointment of chief constables since the nineteenth century. Finally, it examines the sociological impacts of those processes upon the social and professional origins of chief constables. By identifying and tracking the development of an ideology of internal recruitment, which has naturalised the assumption that police officers must have previously been police officers, this book provides an explanation of how chief constables changed from being the military-trained friends of the local aristocracy to becoming police-trained chief executives of large public sector organisations. It also demonstrates how control over the selection of chief constables was crucial in the battle between central and local government for control over the police. The analysis, therefore, has considerable bearing upon the future development of the police and also the role of chief constable. Synopsis - This is a social history of the chief constables who were in charge of the independent police forces of England and Wales between 1836 and 1996. It demonstrates that the history of the police force tends to repeat itself, and it also includes stories about colourful characters in the ranks.

  • Young R, Wall DS, Access to Criminal Justice: legal aid, lawyers and the defence of liberty (Blackstone Press, 1996), 376 +xiv p-376 +xiv p

    At a time when the legal aid system is facing a major overhaul, Access to Criminal Justice draws attention to the potential and the limits of legal aid for achieving criminal justice for defendants. In bringing together sixteen experienced writers and researchers who are prominent in this field, the book takes the reader beyond the hitherto narrow discussion over legal aid, and demonstrates its importance in defending liberty and achieving justice. By drawing on empirical research findings and socio-legal analysis, the authors explore the reasons why legally aided lawyers have failed, by and large, to turn the theories that underlie legal aid into a practical reality. The book also shows that legal aid can at least be used to ameliorate the injustice of the criminal process itself. However, to do so the potential for criminal justice within the existing system needs to be exploited to the full. This book will be useful to academics, policy-makers and practitioners.

  • Bottomley K, Coleman C, Dixon D, Gill M, Wall DS, The Impact of PACE: Policing in a Northern Force (Hull University, 1992), 198 + vi p

Journal articles

  • Wall DS, ‘Dis-organised Crime: Towards a Distributed Model of the Organization of Cybercrime’, The European Review of Organised Crime, 2.2 (2015), 71-90

    There exists a widespread and uncritical assumption that the internet and society have been brought to their knees by Mafia-driven organised crime groups. Yet, this rhetorical narrative is not supported by research into the organisation of online crime groupings which finds that the organisation of crime online follows a different logic to the organisation of crime offline, a difference which is also reflected in organised crime groupings. Such findings identify instead a “disorganised” or distributed model of organization, rather than a hierarchical command and control structure. This article maps out the logic behind the organisation of criminal behaviour online before looking critically at the organised cybercrime debates. It then draws upon a simple analysis of the structures of known cybercrime groups and three case studies to explore their organization.

  • Wall DS, ‘Policing Identity Crimes’, Policing and Society: An International Journal of Research and Policy, 23.4 (2013), 437-460

    Author URL [ssrn.com]

    Identity-related crimes pose a significant problem to both the UK economy and also its citizens because they cause estimated annual losses of around £1.5billion. Not only do identity crimes cause considerable public concern, but they also create challenges for policing them; not least, because policing responses, in the broader regulatory sense, are often over-reactive or take the form of dramatic Public Relations gestures rather than coherent policing policy. Yet, the realities of identity-related crimes are quite different from the ways that they are perceived and even more important is that fact that this difference presents many challenges for those whose job is to ‘police’ them. This article will look at what identity crimes are and at the very real problems they pose for policing them as non-routine policing activities. The article will, firstly, map out identity crimes and outline the behaviours that we understand as identity crimes and their core characteristics. It will then consider how the characteristics map onto traditional police practice and consider some of the ways that the challenges have been addressed.

  • Wall DS, ‘Jailhouse Frocks: Locating the public interest in policing counterfeit luxury fashion goods’, British Journal of Criminology, 50.6 (2010), 1094-1116
    DOI: 10.1093/bjc/azq048

    Author URL [ssrn.com]

    Counterfeiting raises some interesting intellectual questions for criminologists, policy makers and brand owners, not least that it differs from the types of offending that traditionally form the crime diet of the criminal justice system. Whilst it is growing in prevalence due to the enormous returns on investment, it is unlikely that the public purse will fund major anti-counterfeiting initiatives in a climate of public sector cut-backs, emphasising the need to allocate resources effectively. This article seeks to locate the public interest in policing counterfeit luxury fashion goods by separating it out from the broader debate over safety-critical counterfeits such as aircraft parts. It then maps out, what is in effect, the criminology of desire for counterfeit goods, before outlining the market incentives for counterfeiting and related criminal activity.

  • Wall DS, ‘Cybercrime and the Culture of Fear: Social Science fiction(s) and the production of knowledge about cybercrime’, Information Communications and Society, 11.6 (2008), 861-884

    Author URL [www.informaworld.com]

    This article maps out the conceptual origins of cybercrime in social science fiction and other 'faction' genres to explore the relationship between rhetoric and reality in the production of knowledge about it. It goes on to illustrate how the reporting of dystopic narratives about life in networked worlds shapes public reactions to technological change. Reactions which heighten the culture of fear about cybercrime, which in turn, shapes public expectations of online risk, the formation of law and the subsequent interpretation of justice. Finally, the article identifies and responds to the various mythologies that are currently circulating about cybercrime before identifying the various tensions in the production of criminological knowledge about it that contribute to sustaining those mythologies.

  • Wall DS, ‘Cybercrime and the culture of fear’, Information Communication and Society, 11.6 (2008), 861-884
    DOI: 10.1080/13691180802007788

    This article maps out the conceptual origins of cybercrime in social science fiction and other 'faction' genres to explore the relationship between rhetoric and reality in the production of knowledge about it. It goes on to illustrate how the reporting of dystopic narratives about life in networked worlds shapes public reactions to technological change. Reactions which heighten the culture of fear about cybercrime, which in turn, shapes public expectations of online risk, the formation of law and the subsequent interpretation of justice. Finally, the article identifies and responds to the various mythologies that are currently circulating about cybercrime before identifying the various tensions in the production of criminological knowledge about it that contribute to sustaining those mythologies.

  • Wall DS, ‘Cybercrime, Media and Insecurity: the shaping of public perceptions of cybercrime’, International Review of Law Computers and Technology, 22.1-2 (2008), 45-63

    Author URL [www.tandf.co.uk]

    All too often claims about the prevalence of cybercrimes lack clarification as to what it is that is particularly ‘cyber’ about them. Perhaps more confusing is the startling contrast between the many hundreds of thousands of incidents of cybercrime supposedly reported each year and the relatively small number of known prosecutions. This contrasting evidence exposes a large gap in our understanding of cybercrime and begs a number of important questions about the quality of the production of criminological knowledge about it. For example, how reliable and partial are the informational sources that mould our opinions about cybercrime. Do we fully understand the epistemological differences between the various legal, academic, expert and popular (lay) constructions of cybercrime? Alternatively, is the criminal justice system just woefully inefficient at bringing wrongdoers to justice? Or are there still some major questions to be answered about the conceptual basis upon which information is gathered and assumptions about cybercrime made? This article takes a critical look at the way that public perceptions of cybercrime are shaped and insecurities about it are generated. It explores the varying conceptualisations of cybercrime before identifying tensions in the production of criminological knowledge that are causing the rhetoric to be confused with reality. It then contrasts the mythology of cybercrime with what is actually going on in order to understand the reassurance gap that has opened up between public demands for Internet security and its provision.

  • Wall DS, Williams M, ‘Policing Diversity in the Digital Age: Maintaining Order in Virtual Communities’, Criminology and Criminal Justice, 7.4 (2007), 391-415
    DOI: 10.1177/1748895807082064

    Author URL [crj.sagepub.com]

    Members of ‘terrestrial’ communities are migrating in ever-increasing numbers to a new ‘Third Space’ that manifests outside traditional geographical physical boundaries. This online space consists of purely social relations where interaction and community are performed at-a-distance. The diversifying populations of these virtual villages, towns and cities now constitute very real communities. Online non-gaming spaces such as Ebay, Active Worlds and Secondlife, for example, deliberately utilise the discourse of community in an attempt to instil a sense of communal space and shared responsibility amongst their members. Whilst the majority subscribe to the rhetoric of ‘netizenship’ others find alternative means to participate online. The avocations of these few have resulted in the endemic deviance/crime problem that exits online. As a result, online communities have developed their own distinct history of control and regulation. This paper explores the ways that online social spaces maintain orderly ‘communities’. It contrasts ‘proximal’ (online) forms of governing online behaviour, such as online reputation management systems, ‘virtual’ police services and vigilante groups that employ ‘online shaming’, with ‘distal’ (offline) forms such as offline policing and criminal justice processes. The central theme of the paper is a critical account of how these, often contradicting, nodes of governance interact.

  • Wall DS, ‘Policing Cybercrimes: Situating the Public Police in Networks of Security in Cyberspace’, Police Practice and Research, 8.2 (2007), 183-205

    Author URL [www.informaworld.com]

    The internet and the criminal behaviour it transforms (cybercrime) pose considerable challenges for order maintenance and law enforcement because internet- related offending takes place within a global context while crime tends to be nationally defined. Policing cybercrime is made all the more complex by the very nature of policing and security being networked and nodal and also because within this framework the public police play only a small part in the policing of the internet. In this article it is argued that the future of the public police role in policing the internet is more than simply acquiring new knowledge and capacity, but it is about forging new relationships with the other nodes within the networks of internet security. These relationships require a range of transformations to take place in order to enhance the effectiveness and legitimacy of the nodal architecture. It will then be argued that some of the contradictions faced by 'the police' are being reconciled by the gradual reconstitution of a neo-Peelian paradigm across a global span, which brings with it a range of instrumental and normative challenges.

  • Wall DS, ‘Digital Realism and the Governance of Spam as Cybercrime’, European Journal on Criminal Policy and Research, 10.4 (2004), 309-335
    DOI: 10.1007/s10610-005-0554-8

    Spamming is a major threat to the formation of public trust in the internet and discourages broader civil participation in the emerging information society. To the individual, spams are usually little more than a nuisance, but collectively they expose internet users to a panoply of new risks whilst threatening the communications and commercial infrastructure. Spamming also raises important questions of criminological interest. On the one hand it is an example of a pure cybercrime - a harmful behaviour mediated by the internet that is the subject of criminal law, while on the other hand, it is a behaviour that has in practice been most effectively contained technologically by the manipulation of ‘code’ – but at what cost? Because there is not an agreed meaning as to what constitutes ‘online order’ that renders it simply and uncritically reducible to a set of formulae and algorithms that can be subsequently imposed (surreptitiously) by technological process. The imposition of order online, as it is offline, needs to be subject to critical discussion and also checks and balances that have their origins in the authority of law. This article deconstructs and analyses spamming behaviour, before exploring the boundaries between law and code (technology) as governance in order to inform and stimulate the debate over the embedding of cybercrime prevention policy within the code itself.

  • Levi M, Wall DS, ‘Technologies, Security, and Privacy in the Post-9/11 European Information Society’, Journal of Law and Society, 31.2 (2004), 194-220
    DOI: 10.1111/j.1467-6478.2004.00287.x

    Since 11 September 2001, many ‘hard’ and ‘soft’ security strategies have been introduced to enable more intensive surveillance and control of the movement of ‘suspect populations’: a category that has been broadened to include large swathes of ‘possible sympathisers’ previously not viewed as security risks. Suicide bombings have since generated a step-change in asymmetric threat analysis and public perceptions of risk. This article reviews some of the ways in which post 9/11 ‘security’ issues intersect with existing and emerging technologies, particularly those relating to identity, location and the domestic and work environment that will collectively form the backbone of the European Information Society. Enhanced ‘interference’ has been justified on the grounds that countries and organisations not following a surveillance-enhancing path become a threat to others via their de facto facilitation of terrorism. The article explores the complexities generated by the way that these technologies work (or do not work), sites of nationalist resistance, and formal bureaucratic roles such as those of Information Commissioners to indicate that there is not a homogeneous drift into a surveillance state. Many of the planned surveillance methods and technologies are convergence technologies which propose to bring together new and existing data sources, but are unable so to do; data quality is often poor; and the task of using the integrated data to reduce serious crime risks is also difficult. The (dys?)functional delay may also enable legal compliance models to be developed in order to protect the principles of privacy that are set out in the ECHR and the EC Data Protection Directive and broadly complied with in EU member-states. Though (moral) panics produce changes in law, the article emphasises the constraining effects of law (e.g. information exchange within Europol) when combined with bureaucratic and technological obstacles to implementation.

  • Wall DS, ‘Policing Elvis: Legal Action and the Shaping of Post-Mortem Celebrity Culture as Contested Space’, Entertainment Law, 2.3 (2003), 35-69
    DOI: 10.1080/1473098042000275774

    Celebrity cultures have their own careers during and beyond the lives of their creators. While they are shaped primarily by creativity and sustained by market forces, no sooner is celebrity created than it becomes a contested space and a power struggle ensues. This article explores the use of legal and quasi-legal actions in the shaping of celebrity culture as contested space. It draws upon an analysis of the post-mortem career of Elvis Presley to illustrate how our knowledge of Elvis has been formed by the various legal actions which assisted the passage of his name, image and likeness from the public to the private domains and also the various ‘policing’ governance strategies that have since been employed to maintain control over the use of his image. Central to the discussion is an exploration of the paradox of circulation and restriction, whereby the holder of an intellectual property right in a celebrity culture needs to circulate it in order to exploit its popularity and thus generate income streams, while simultaneously regulating the ways that the celebrity culture is consumed in order to maintain legal control over it in order to preserve those same income streams. The ‘paradox’ arises from the observation that, on the one hand, too much open circulation of a celebrity culture can lead to the development of secondary or even generic meaning that not only threatens the holder’s exclusive rights over the property, but also has the potential to demean, debase or even destroy the overall integrity of the culture. On the other hand, too much restriction through over zealous control could effectively strangle the celebrity culture by killing off sensibilities of personal ownership and affiliation. It will be argued herein that not only will the balance between circulation and restriction never be an easy fit, but it is also wrong to perceive it simply as a zero sum equation. The relationship between the two is far more complex than assumed by the traditional legalistic model because the paradox provokes conflicting interpretations of the truth, which subsequently fuels debates about the celebrity, retains public interest and ultimately keeps the celebrity culture alive. The ‘contestability’ of celebrity culture is therefore not the traditionally assumed death threat to popular culture, rather, it is an important, if not essential, aspect of the career of a posthumous celebrity cultures. This article is largely concerned with US intellectual property law, particularly the right of publicity whose origins lie in the right of privacy, however, the discussion has potential significance for European jurisdictions because of the development there of privacy rights under EU law.

  • Seago PJ, Walker CP, Wall DS, ‘The Development of the Professional Magistracy in England and Wales’, Criminal Law Review 2000, 631-651

  • Seago PJ, Fitzpatrick BJA, Walker CP, Wall DS, ‘New Courts Management and the Professionalisation of Summary Justice in England and Wales’, Criminal Law Forum 2000, 1-11

  • Wall DS, Johnstone J, ‘The Industrialisation of Legal Practice and the Rise of the New Electric Lawyer: the impact of information technology upon legal practice’, International Journal of the Sociology of Law, 25 (1997), 95-116

  • Wall DS, ‘Legal Aid, Social Policy and the Architecture of Criminal Justice’, Journal of Law and Society, 23 (1996), 549-569

  • Wall DS, ‘Putting Freemasonry into Perspective: The Centenary of the Debate over Freemasonry and Police Appointments’, Policing and Society 1994, vol 3 257-268

  • Wall DS, ‘The Ideology of Internal Recruitment: The Chief Constables of England and Wales and the Tripartite Arrangement’, British Journal of Criminology 1994, vol 34 322-338

Chapters

  • Wall DS, ‘Copyright, trolling and speculative invoicing ‘in the shadow of the law’, in The SAGE Handbook of Intellectual Property, ed. by David M and Halbert D (Sage, 2014), 607-626

    Author URL [ssrn.com]

    This article explores the phenomenon of ‘copyright trolling’, which is the (il) legal practice often referred to as ‘speculative invoicing’ that deliberately upsets or embarrasses individuals to get them to pay for material they may or may not have downloaded illegally. It looks at the policing of digital copyright in the UK, US and Germany by exploring the legal practice of copyright trolling as well as some recent examples of litigation in those countries. More specifically, it asks the question as to what extent have some intellectual property lawyers been creatively and entrepreneurially seeking to use the threat of court or exposure to embarrass defendants into making payments. It will also ask whether or not this form of litigation has actually had the effect of policing copyright under the shadow of law? The article also contributes to the emerging criminological debate over organizational crime by providing an example of how organizational and professional corruption takes place as well as detailing the process of corruption. It illustrates an aspect of the criminalization of civil space by the private sector, in this case the brutal aim is to neutralize opposition and maximize income generation whilst protecting the income stream. The first part will explore key trends in the changing business model of the music industry and outline the main issues and arguments relating to the debate over sharing music files. The second section outlines the case for file sharing. The third part looks at who the creative industries are in terms of creative assets and creative artists and at how networked technologies have changed the power relationships between the two. The fourth part contemplates what is being protected and the case against file sharing. In so doing, it evaluates what intellectual property rights are and what their purpose is. The fifth section examines the practice of speculative invoicing to ‘police’ illegal file sharing. The following part considers how speculative invoicing has turned into copyright trolling by exploring the case study of ACS: Law and also the US copyright trolling experience and seeks to draw some lessons from the UK and US experiences. The final part draws some conclusions.

  • Wall DS, ‘Micro-frauds: Virtual robberies, stings and scams in the information age’, in Corporate Hacking and Technology-Driven Crime: Social Dynamics and Implications ([n.pub.], 2010), 68-85
    DOI: 10.4018/978-1-61692-805-6.ch004

    During the past two decades, network technologies have shaped just about every aspect of our lives, not least the ways by which we are now victimized. From the criminal's point of view, networked technologies are a gift. The technologies act as a force multiplier of grand proportions, providing individual criminals with personal access to an entirely new field of 'distanciated' victims across a global span. So effective is this multiplier effect, there is no longer the compulsion to commit highly visible and risky multi-million-dollar robberies when new technologies enable offenders to commit multi-million-dollar thefts from the comfort of their own home, with a relatively high yield and little risk to themselves. From a Criminological perspective, network technologies have effectively democratized fraud. Once a 'crime of the powerful (Sutherland, 1949; Pearce, 1976; Weisburd, et al., 1991; Tombs and Whyte, 2003) that was committed by offenders who abused their privileged position in society, fraud can now be committed by all with access to the internet. This illustration highlights the way that computers can now be used to commit crimes, and this chapter will specifically focus upon the different ways that offenders can use networked computers to assist them in performing deceptions upon individual or corporate victims in to obtain an informational or pecuniary advantage. © 2011, IGI Global.

  • Wall D, Yar M, ‘Intellectual property crime and the Internet: Cyber-piracy and ‘stealing’ informational intangibles’, in of Internet Crime, ed. by Jewkes Y and Yar M (Cullompton: Willan, 2010), 255-273

    Author URL [www.law.leeds.ac.uk]

    The increased market values of informational property in an information age combined with relatively low levels of control that can be exerted over them simultaneously creates new opportunities and motivations for unauthorised appropriation or use - what has become known as cyber-piracy. Yet, these debates are also taking place within the context of changing cultural, social and legal meanings of intellectual property. It is a process of change that is beginning to challenge conventional orthodoxies and legal attitudes towards intellectual properties. This chapter will look at the above-mentioned tensions (and others) to critically explore what is being understood as intellectual property crime online. The first part will look at what intellectual property is, at how it is being transformed by ‘the digital’, and why it has become significant to the information economy. The second part will look at ‘virtual theft’ and specifically at how different forms of informational intangibles (virtual intellectual property online) are being appropriated and causing concern for creators and owners: intellectual property piracy of music, video and software and the theft of virtual artefacts. Part three will discuss critically some of the broader issues that are emerging in the debate over intellectual property online.

  • Wall D, ‘Criminalizing Cyberspace: The rise of the internet as a ‘crime problem’, in Handbook of Internet Crime, ed. by Jewkes Y and Yar M (Cullompton: Willan, 2010), 88-103

    Author URL [www.law.leeds.ac.uk]

    This chapter explores the rise of the Internet as both a perceived "crime problem" and also as a conduit for actual criminal activity. But this chapter is not simple a chronological jaunt through the annals of time. It tells a more complex story in which, it will be argued, the perception of the internet as a crime problem needs to be disaggregated from the Internet as a conduit for actual criminal activity. This is because the cultural life of cybercrime is quite different to its reality; however, what complicates the story even further is that we find the reality of cybercrime has been heavily shaped by its cultural life and vice versa. Not only has technology has shaped the social, but at the same time as the social has also shaped the technology.

  • Lister SC, Wall DS, ‘Deconstructing Distraction Burglary: an ageist offence’, in Ageing, Crime and Society, ed. by Wahidin A and Cain M (Willan, 2006)

    Author URL [www.willanpublishing.co.uk]

    Distraction burglary is broadly understood to be a professional crime that specifically victimises older people. It differs from more conventional forms of burglary because offenders engage with their victims. It therefore displays fairly high levels of organisation and planning and can have devastating effects upon its victims. This chapter draws upon the findings of recent research into the victimisation of older people to deconstruct distraction burglary. In three parts the chapter tells a complex, but important story, and in so doing reviews and also challenges some of the assumptions the underpin the debates over distraction burglary. In part one, our research argues that distraction burglary should be viewed as a family of offences, each variations on the theme, but displaying different modus operandi. Some of these variations are highly organised, cold and calculating patterns of offending behaviour that show the hallmarks of being culturally reproduced across generations of offenders. Others, however, appear to be carried out on-the-spur-of-the-moment and are largely opportunistic. But, to complicate the typology, distraction burglars also tend to be very reflexive to their situation. So, what may start off as a distraction sometimes ends up as an aggravated burglary (barge in). Clearly, distraction burglars are not a heterogeneous group and are therefore hard to access for research. In part two, our research also reveals that the combination of the aggravated nature of the offence and the vulnerability of its victims makes incidents of distraction burglary highly newsworthy. However, in its reportage, the media tends to construct older people as the victims, often at expense of other social groups, thus shaping the formation of remedic policy whilst at the same time reinforcing the idea of older people as potential victims and identifying opportunities for offenders. Furthermore, policy responses to distraction burglary are shaped by the impact of publicity upon a very sympathetic public. Increased public ‘knowledge’ of the issue can lead to a rise in levels of reporting by the public and also rates of recording by the police because of sensitisation towards the issue within the police service. In the case of the latter, not only are police officers themselves subject to media sensitisation, but public concerns about the offence also lead to calls for the police organisation to respond. Unfortunately, the increases in reporting and recording rates give the outward impression of rising rates of distraction burglary and the publication of the statistics becomes a newsworthy event and contributes further to the media frenzy. This chain of events creates problems for the subsequent management of public expectations of policies designed to reduce distraction burglaries, especially as it reinforces, but also ‘reifies’ the notion of older people as a coherent unit for the delivery of criminal justice policy.

  • Wall DS, ‘Surveillant Internet technologies and the growth in information capitalism: Spams and public trust in the information society’, in The New Politics of Surveillance and Visibility, ed. by Haggerty K and Ericson R (University of Toronto Press, 2006), 340-362

    One of the hallmarks of the new industrialism that underpins the information age is the valorizing of information and the subsequent growth of a new economy based upon information capital(ism), which is the accumulation of profit and wealth arising from the exchange and exploitation of informational sites of value. This chapter will explore how the ‘surveillant’ qualities of Internet technologies have facilitated the growth in information capital(ism). It will also illustrate how the medium is shaping the message, because just as this new economy has merged with, and spans across, formal (legitimate) economies to create entirely new and beneficial business opportunities, then the same processes that have given rise to it have also generated the opportunities for new forms of harmful and intrusive behaviour. Behaviours which are endangering the establishment of public trust in the technology of the information society.

  • Wall DS, ‘The internet as a conduit for criminal activity’, in Information Technology and the Criminal Justice System ([n.pub.], 2005), 77-100
    DOI: 10.4135/9781452225708.n4

  • Wall DS, ‘The Internet as a Conduit for Criminals’, in Information Technology and the Criminal Justice System, ed. by Pattavina A (Sage (US), 2005), 77-98

    The first part will reflect upon the transformative impacts of the Internet upon social and criminal activity. The second part will map out the new criminal opportunities that give rise to, what we understand to be, cybercrimes. The third part will outline the impediments to the production of criminological knowledge about cybercrimes which pose a challenge to criminologists when trying to make sense of the divergent range of behaviours that are being called cybercrimes. The fourth part discusses the challenges for the maintenance of order and law on the Internet by arguing that on the one hand the Internet creates considerable challenges for criminal justice systems, while on the other hand, and contrary to the commonly held view, these challenges arise from a system that is characterised by order and not disorder. The fifth and final part draws some conclusions about the role of the Internet in enabling criminal activity.

  • Wall DS, ‘Introduction: Cyberspace Crime’, in Cyberspace Crime, ed. by Wall DS (Aldershot: Ashgate/Dartmouth (International Library of Criminology and Penology, 2003), xv-xxvi

  • Wall DS, ‘Mapping out Cybercrimes in a Cyberspatial Surveillant Assemblage’, in The Intensification of Surveillance: Crime terrrorism and Warfare in the Information Age, ed. by Webster F and Ball K (London: Pluto Press, 2003), 112-136

  • Wall DS, ‘Insecurity and the Policing of Cyberspace’, in Crime and Insecurity, ed. by Crawford A (Cullompton: Willan, 2002), 186-209

  • Creaton J, Starie P, Wall DS, ‘The Legal Profession and Policy Networks: an 'Advocacy Coalition' in Crisis or the regeneration of position?’, in Policy Networks in Criminal Justice, ed. by Ryan M, Savage S and Wall DS (London: Palgrave, 2001), 76-97

  • Wall DS, ‘Maintaining Law and Order on the Internet’, in Crime and The Internet, ed. by Wall DS (London: Routledge, 2001), 167-183

  • Fitzpatrick BJA, Seago PJ, Walker CP, Wall DS, ‘The Courts: New Court Management and Old Court Ideologies’, in Policy Networks in Criminal Justice, ed. by Ryan M, Savage S and Wall DS (London:Palgrave, 2001), 98-121

  • Wall DS, ‘Canadian Aboriginal Justice Circles: alternatives or compromise in the politics of criminal justice’, in Aboriginals and Other Canadians, ed. by Thornton M and Todd R (University of Ottawa Press, 2001), 161-186

  • Wall DS, ‘CyberCrimes and the Internet’, in Crime and The Internet, ed. by Wall DS (London: Routledge, 2001), 1-17

  • Wall DS, ‘Policing the Internet: maintaining order and law on the cyber-beat’, in The Internet, Law and Society, ed. by Akdeniz Y, Walker C and Wall D (Longman London, 2000), 154-174

  • Wall DS, ‘Keyholders to Criminal Justice? Solicitors and applications for legal aid’, in Access to Criminal Justice: Lawyers, Legal Aid and the pursuit of Liberty, Blackstone Press, London (Access to Criminal Justice: Lawyers, Legal Aid and the pursuit of Liberty, Blackstone Press, London, 1996), 114-136

  • Wall DS, ‘Technology and Crime: Increased capital investment in information technology and changes in victimisation patterns’, in International Year-book of Law, Computers and Technology, Carfax Publishing, Oxford (International Year-book of Law, Computers and Technology, Carfax Publishing, Oxford, 1995), 97-109

Reports

  • Lister SC, Wall DS, Bryan J, Evaluation of the Leeds Distraction Burglary Initiative, (Home Office, 2004), 0-79

    Author URL [www.homeoffice.gov.uk]

    This report evaluates the Leeds Distraction Burglary Initiative (LDBI), which was a two-year crime reduction project designed to reduce incidents of distraction burglary within the Metropolitan District of Leeds, West Yorkshire.

  • Wall DS, Levi M, Crime and Security in the Aftermath of September 11: Security, Privacy and Law Enforcement issues relating to emerging information communication technologies, (Report to the European Parliament Committee on Citizen's Freedoms and Rights, Justice and Home Affairs, Institute for Prospective Technological Studies, Joint Research Committee, European Commission, 2003)

  • Wall DS, DOT.CONS: Internet Related Frauds and Deceptions upon Individuals within the UK, ([n.pub.], 2002)

  • Fitzpatrick BJA, Seago PJ, Wall DS, New Managerialism in the Courts System, ([n.pub.], 2001)

Others

  • Wall DS, Carey M, MP3: more beats to the byte, ([n.pub.], 2001)

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