In high-frequency trading (HFT) fraud, a trader uses a latency arbitrage algorithm to front-run orders—not by lying, but by exploiting the microsecond differences in how exchanges process data. Is this theft? It feels like theft, but it looks like code. Similarly, an AI-generated child sexual abuse material (CSAM) may depict no real child, yet it trains on and perpetuates harm.
A stalker uses a compromised smart lock (IoT device) to unlock a victim’s front door remotely. The intrusion is physical, but the means are purely digital. Conversely, a riot incited by a disinformation campaign on Telegram has digital origins but physical outcomes (looting, arson).
Responsibility is distributed and emergent . Legal notions of mens rea (guilty mind) struggle when no single mind exists. 4. Shift Three: From Moral Transgression to Algorithmic Exploitation The old script framed crime as a violation of a moral or legal norm. The new script frames crime as the exploitation of a system’s computational logic . Offenders do not “break rules” so much as optimize loopholes . Criminality New Script
Yet, in 2025, the most damaging crimes rarely follow this script. A ransomware syndicate does not “break into” a hospital; it injects code into a vulnerability. A deepfake romance scam does not involve physical coercion; it engineers trust through synthetic identity. A non-fungible token (NFT) rug pull does not involve a weapon; it exploits smart contract logic . These acts are not aberrations or mere extensions of old crime; they constitute a new script —one that demands new theoretical tools.
The criminal act is often legally ambiguous . Exploiting a zero-day vulnerability is illegal in some jurisdictions (Computer Fraud and Abuse Act) but not clearly defined in others. The new script thus includes a legal arbitrage component: commit crime where law is slowest. 5. The New Script: A Formalized Framework We propose the following formal elements of the new crime script, in contrast to the old: In high-frequency trading (HFT) fraud, a trader uses
Criminality’s New Script: From Alleyway to Algorithm
Digital criminology, cybercrime, algorithmic offending, routine activity theory, crime script analysis, post-digital society. 1. Introduction: The Obsolete Script The traditional script of criminality is well-rehearsed. A motivated offender, driven by poverty, peer pressure, or psychopathy, encounters a suitable target (a house, a purse, a person) in the absence of a capable guardian (police, neighbors, locks). The act is physical, local, and temporally bounded: a burglary takes minutes; an assault leaves tangible evidence. This script—rooted in the Chicago School, strain theory, and routine activity theory—has dominated policy and public imagination for decades. Conversely, a riot incited by a disinformation campaign
Actor-Network Theory (Latour, 2005) becomes criminologically useful. Non-human actors (algorithms, smart contracts, blockchain validators) are actants that shape criminal outcomes. A poorly coded smart contract is not just a tool; it is a co-producer of the crime.