Applying the routine activities theory to cybercrime: A Cyber-capable guardian
 

Author:

S Mabunda
 

Summary:

Compared to terrestrial crime, cybercrime is a complex and relatively new threat to society. Over the past number of years, cybercrime has been a talking point as a menacing phenomenon which needs to be immediately address. Unfortunately, it is still inadequately understood. This article presents the evolution of the Routine Activities Theory's (RAT) third constitutive element, the capable guardian, as a strategic approach to combatting cybercrime. The article advocates for a reconceptualization of the capable guardian, transforming it into what is termed the cyber-capable guardian. The RAT is a theory in criminology created by Cohen & Felson which posits that for a successful commission of a crime, a motivated offender and a suitable target need to converge in space and time where a capable guardian is absent. The RAT thus presents the three constitutive elements to the successful commission of a crime: (1) the motivated offender; (2) the suitable target; and (3) the capable guardian.  Emphasising the imperative for countering cyber threats effectively, the article champions the integration of artificial intelligence technology, specifically machine learning, to empower this Cyber-Capable Guardian, enabling it to undertake tasks beyond human capacity. Moreover, the discussion extends to section 52 of the South African Cybercrimes Act 19 of 2020, which delineates the provision for a Designated Point of Contact (DPoC). The argument posits that establishing the DPoC as an independent agency structured akin to a private company under the Companies Act 71 of 2008, could serve as a viable capable guardian. It contends that the DPoC, with its chief mandate focused on combatting cybercrime, should   spearhead   the   development   and   operation   of   the   Cyber-Capable Guardian.

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