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Blackmail

Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met. It is often damaging information, and it may be revealed to family members or associates rather than to the general public. These acts can also involve using threats of physical, mental or emotional harm, or of criminal prosecution, against the victim or someone close to the victim.[1][2] It is normally carried out for personal gain, most commonly of position, money, or property.[1][3][4][5]

Blackmail may also be considered a form of extortion.[1] Although the two are generally synonymous, extortion is the taking of personal property by threat of future harm.[6] Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace, as well as use of intimidation for purposes of collecting an unpaid debt.[7]

In many jurisdictions, blackmail is a statutory offence, often criminal, carrying punitive sanctions for convicted perpetrators. Blackmail is the name of a statutory offence in the United States, England and Wales, and Australia,[8] and has been used as a convenient way of referring to certain other offenses, but was not a term used in English law until 1968.[9]

Blackmail was originally a term from the Scottish Borders meaning payments rendered in exchange for protection from thieves and marauders.[3][7][10] The "mail" part of blackmail derives from Middle English male meaning "rent or tribute".[11] This tribute (male or reditus) was paid in goods or labour ("nigri"); hence reditus nigri, or "blackmail". Alternatively, it may be derived from two Scottish Gaelic words blathaich - to protect; and mal - tribute or payment.[citation needed]

Etymology Edit

The word blackmail is variously derived from the word for tribute (in modern terms, protection racket) paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids and other harassment. The "mail" part of blackmail derives from Middle English male, "rent, tribute".[11] This tribute was paid in goods or labour (reditus nigri, or "blackmail"); the opposite is blanche firmes or reditus albi, or "white rent" (denoting payment by silver). An alternative version is that rents in the Scottish Borders were often paid in produce of the land, called "greenmail"[citation needed] ('green rent'), suggesting "blackmail" as a counterpart paid perforce to the reivers. Alternatively, Mackay[obsolete source] derives it from two Scottish Gaelic words blathaich pronounced (the th silent) bla-ich (to protect) and mal (tribute, payment), cf. buttock mail. He notes that the practice was common in the Scottish Highlands as well as the Borders.[12] In the Irish language, the term cíos dubh, meaning "black rent", was used for similar exactions.

Objections to criminalization Edit

Some scholars have argued that blackmail should not be a crime.[13][14][15][16] Objections to the criminalization of blackmail often rest on what legal scholars call "the paradox of blackmail": it takes two separate actions that, in many cases, people are legally and morally entitled to do, and criminalizes them if done together. One American legal scholar uses the example of a person who threatens to expose a criminal act unless he is paid money. The person has committed the crime of blackmail, even though he separately has the legal right both to threaten to expose a crime and to request money from a person.[17]

This observation has been rebutted by pointing out that while drinking alcohol and driving are both legal separately, their combinations are not.[18]

Sextortion (webcam blackmail) Edit

Sextortion the rise of social media blackmail has been observed, which is popular among individuals deemed to hold power or authority in fields like politics, education, and the workplace. Sextortion, constituting a form of blackmail, is employed to exploit this power and coerce victims into providing sexual favors or explicit images in exchange for desired outcomes such as job security or academic advancement. A common instance of this is webcam blackmail/ Snapchat[19]/ Whatsapp and other Social media platforms.

"Criminals might befriend victims online by using a fake identity and then persuade them to perform sexual acts in front of their webcam, often by using an attractive woman to entice the victim to participate. These women may have been coerced into these actions using financial incentives or threats." As reported by the NCA (National Crime Agency), both men and women can be victims of this crime. This crime can be carried out by either crime groups or individuals.[20]

Cybercrime Edit

Dubai Police in the UAE stated that there have been 2,606 crimes that involve blackmail in the past three years. The reason it is so easy to commit these crimes online is the anonymity the internet gives. It is far easier and encouraging to commit crimes whenever personal identity is hidden. People have the opportunity to give in to temptation since they are anonymous and possibly commit criminal acts such as blackmailing. The ability to be anonymous encourages antisocial tendencies and the ability to spread fake news.[21] The frequency of cybercrime is astonishing. In 2023 alone, an estimated 33 billion accounts are expected to be breached,[22] translating to approximately 2,328 cybercrimes per day or 97 victims every hour. This indicates that cybercriminals are relentless in their pursuit of targets, with hacker attacks occurring every 39 seconds[23] on average.

See also Edit

In film

Notes Edit

  1. ^ a b c Merriam-Webster's dictionary of law. Merriam-Webster. 1996. p. 53. ISBN 978-0-87779-604-6. Retrieved 23 May 2011.
  2. ^ The American Heritage® Dictionary of the English Language, 4th edition. Houghton Mifflin Harcourt Publishing Company. 2010.
  3. ^ a b "Blackmail". Merriam-Webster. from the original on 21 October 2017. Retrieved 23 May 2011.
  4. ^ Burton's Legal Thesaurus. McGraw-Hill Professional. 2006. p. 233. ISBN 978-0-07-147262-3. Retrieved 23 May 2011.
  5. ^ The encyclopedia of American law enforcement. Infobase Publishing. 2007. p. 78. ISBN 978-0-8160-6290-4. Retrieved 23 May 2011.
  6. ^ Frank Schmalleger; Daniel E. Hall; John J. Dolatowski (2009). Criminal Law Today (4th ed.). Prentice Hall. pp. 271–272. ISBN 978-0-13-504261-8.
  7. ^ a b West's encyclopedia of American law, Volume 2. West Pub. Co. 1998. pp. 569 pages. ISBN 978-0-314-20155-3. Retrieved 23 May 2011.
  8. ^ . thelaw.tas.gov.au. Archived from the original on 19 September 2016. Retrieved 18 September 2016.
  9. ^ Griew, Edward. The Theft Acts 1968 & 1978, Sweet & Maxwell: London. Fifth Edition, paperback, ISBN 0-421-35310-4, paragraph 12-01 at page 183
  10. ^ "Dictionary of the Scots Language:: SND :: black mail". from the original on 15 August 2020. Retrieved 19 June 2020.
  11. ^ a b Maeve Maddox (10 May 2011). "The Difference Between Extortion and Blackmail". from the original on 13 July 2011. Retrieved 18 July 2011.
  12. ^ Mackay, Charles; Ramsay, Allan; May, G. (1888). "Black-mail". A dictionary of Lowland Scotch, with an introductory chapter on the poetry, humour, and literary history of the Scottish language and an appendix of Scottish proverbs. London: Whittaker. pp. 10–12.
  13. ^ Lindgren (1984), p. 670: "Most crimes do not need theories to explain why the behavior is criminal. The wrongdoing is self-evident. But blackmail is unique among major crimes: no one has yet figured out why it ought to be illegal."
  14. ^ Block, Walter, "Blackmail as a Victimless Crime 8 August 2017 at the Wayback Machine," with Robert McGee, Bracton Law Journal, Vol. 31, pp. 24–28 (1999)
  15. ^ Block, Walter, "Blackmailing for Mutual Good: A Reply to Russell Hardin 19 March 2011 at the Wayback Machine," Vermont Law Review, Vol. 24, No. 1, pp. 121–141 (1999)
  16. ^ Walter Block, N. Stephan Kinsella and Hans-Hermann Hoppe (July 2000), "The Second Paradox of Blackmail", Business Ethics Quarterly, 10 (3): 593–622, doi:10.2307/3857894, JSTOR 3857894, S2CID 5684396
  17. ^ Lindgren (1984), pp. 670–71.
  18. ^ Russell Christopher: Meta-Blackmail 23 October 2015 at the Wayback Machine 94 Geo. L. J. 739 (2006). Page 744, reference 25.
  19. ^ Sextortion (webcam blackmail). (n.d.). In Blackmail. Retrieved August 8, 2023, from https://answerbob.com/how-to-report-blackmail-on-snapchat/ Blackmail (Snapchat blackmail)
  20. ^ "Sextortion (webcam blackmail) - National Crime Agency". nationalcrimeagency.gov.uk. 3 May 2023. from the original on 21 February 2020. Retrieved 21 February 2020.
  21. ^ "The internet really can bring out the worst in people". The National. 31 March 2019. from the original on 12 April 2019. Retrieved 28 April 2019.
  22. ^ https://eng.umd.edu/news/story/study-hackers-attack-every-39-seconds
  23. ^ https://eng.umd.edu/news/story/study-hackers-attack-every-39-seconds

References Edit

  • Baker, Dennis J., Glanville Williams Textbook of Criminal Law. Sweet & Maxwell: London. (2005) ISBN 978-0-414-04613-9.
  • Criminal Law Revision Committee. 8th Report. Theft and Related Offences. Cmnd. 2977
  • Griew, Edward. Theft Acts 1968 & 1978, Sweet & Maxwell: London. ISBN 978-0-421-19960-6
  • Lindgren, James (1984). "Unraveling the Paradox of Blackmail". Columbia Law Review. 84 (3): 670–717. doi:10.2307/1122502. JSTOR 1122502.
  • Ormerod, David. Smith and Hogan Criminal Law, LexisNexis: London. (2005) ISBN 978-0-406-97730-4
  • Smith, J. C. Law of Theft, LexisNexis: London. (1997) ISBN 978-0-406-89545-5

External links Edit

blackmail, other, uses, disambiguation, confused, with, bankmail, coercion, using, threat, revealing, publicizing, either, substantially, true, false, information, about, person, people, unless, certain, demands, often, damaging, information, revealed, family,. For other uses see Blackmail disambiguation Not to be confused with Bankmail Blackmail is an act of coercion using the threat of revealing or publicizing either substantially true or false information about a person or people unless certain demands are met It is often damaging information and it may be revealed to family members or associates rather than to the general public These acts can also involve using threats of physical mental or emotional harm or of criminal prosecution against the victim or someone close to the victim 1 2 It is normally carried out for personal gain most commonly of position money or property 1 3 4 5 Blackmail may also be considered a form of extortion 1 Although the two are generally synonymous extortion is the taking of personal property by threat of future harm 6 Blackmail is the use of threat to prevent another from engaging in a lawful occupation and writing libelous letters or letters that provoke a breach of the peace as well as use of intimidation for purposes of collecting an unpaid debt 7 In many jurisdictions blackmail is a statutory offence often criminal carrying punitive sanctions for convicted perpetrators Blackmail is the name of a statutory offence in the United States England and Wales and Australia 8 and has been used as a convenient way of referring to certain other offenses but was not a term used in English law until 1968 9 Blackmail was originally a term from the Scottish Borders meaning payments rendered in exchange for protection from thieves and marauders 3 7 10 The mail part of blackmail derives from Middle English male meaning rent or tribute 11 This tribute male or reditus was paid in goods or labour nigri hence reditus nigri or blackmail Alternatively it may be derived from two Scottish Gaelic words blathaich to protect and mal tribute or payment citation needed Contents 1 Etymology 2 Objections to criminalization 3 Sextortion webcam blackmail 4 Cybercrime 5 See also 6 Notes 7 References 8 External linksEtymology EditThis section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed March 2023 Learn how and when to remove this template message The word blackmail is variously derived from the word for tribute in modern terms protection racket paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids and other harassment The mail part of blackmail derives from Middle English male rent tribute 11 This tribute was paid in goods or labour reditus nigri or blackmail the opposite is blanche firmes or reditus albi or white rent denoting payment by silver An alternative version is that rents in the Scottish Borders were often paid in produce of the land called greenmail citation needed green rent suggesting blackmail as a counterpart paid perforce to the reivers Alternatively Mackay obsolete source derives it from two Scottish Gaelic words blathaich pronounced the th silent bla ich to protect and mal tribute payment cf buttock mail He notes that the practice was common in the Scottish Highlands as well as the Borders 12 In the Irish language the term cios dubh meaning black rent was used for similar exactions Objections to criminalization EditSome scholars have argued that blackmail should not be a crime 13 14 15 16 Objections to the criminalization of blackmail often rest on what legal scholars call the paradox of blackmail it takes two separate actions that in many cases people are legally and morally entitled to do and criminalizes them if done together One American legal scholar uses the example of a person who threatens to expose a criminal act unless he is paid money The person has committed the crime of blackmail even though he separately has the legal right both to threaten to expose a crime and to request money from a person 17 This observation has been rebutted by pointing out that while drinking alcohol and driving are both legal separately their combinations are not 18 Sextortion webcam blackmail EditSextortion the rise of social media blackmail has been observed which is popular among individuals deemed to hold power or authority in fields like politics education and the workplace Sextortion constituting a form of blackmail is employed to exploit this power and coerce victims into providing sexual favors or explicit images in exchange for desired outcomes such as job security or academic advancement A common instance of this is webcam blackmail Snapchat 19 Whatsapp and other Social media platforms Criminals might befriend victims online by using a fake identity and then persuade them to perform sexual acts in front of their webcam often by using an attractive woman to entice the victim to participate These women may have been coerced into these actions using financial incentives or threats As reported by the NCA National Crime Agency both men and women can be victims of this crime This crime can be carried out by either crime groups or individuals 20 Cybercrime EditDubai Police in the UAE stated that there have been 2 606 crimes that involve blackmail in the past three years The reason it is so easy to commit these crimes online is the anonymity the internet gives It is far easier and encouraging to commit crimes whenever personal identity is hidden People have the opportunity to give in to temptation since they are anonymous and possibly commit criminal acts such as blackmailing The ability to be anonymous encourages antisocial tendencies and the ability to spread fake news 21 The frequency of cybercrime is astonishing In 2023 alone an estimated 33 billion accounts are expected to be breached 22 translating to approximately 2 328 cybercrimes per day or 97 victims every hour This indicates that cybercriminals are relentless in their pursuit of targets with hacker attacks occurring every 39 seconds 23 on average See also EditAbusive power and control Blind item Emotional blackmail Espionage FBI files on Elvis Presley Graymail Greenmail Loan shark Nuclear blackmail Pizzo extortion Webcam blackmail Whitemail Snapchat Blackmail In filmBlackmail 1920 film Blackmail 1929 film Psychoville British psychological horror thriller black comedy mystery television series Notes Edit a b c Merriam Webster s dictionary of law Merriam Webster 1996 p 53 ISBN 978 0 87779 604 6 Retrieved 23 May 2011 The American Heritage Dictionary of the English Language 4th edition Houghton Mifflin Harcourt Publishing Company 2010 a b Blackmail Merriam Webster Archived from the original on 21 October 2017 Retrieved 23 May 2011 Burton s Legal Thesaurus McGraw Hill Professional 2006 p 233 ISBN 978 0 07 147262 3 Retrieved 23 May 2011 The encyclopedia of American law enforcement Infobase Publishing 2007 p 78 ISBN 978 0 8160 6290 4 Retrieved 23 May 2011 Frank Schmalleger Daniel E Hall John J Dolatowski 2009 Criminal Law Today 4th ed Prentice Hall pp 271 272 ISBN 978 0 13 504261 8 a b West s encyclopedia of American law Volume 2 West Pub Co 1998 pp 569 pages ISBN 978 0 314 20155 3 Retrieved 23 May 2011 Legislation View Page thelaw tas gov au Archived from the original on 19 September 2016 Retrieved 18 September 2016 Griew Edward The Theft Acts 1968 amp 1978 Sweet amp Maxwell London Fifth Edition paperback ISBN 0 421 35310 4 paragraph 12 01 at page 183 Dictionary of the Scots Language SND black mail Archived from the original on 15 August 2020 Retrieved 19 June 2020 a b Maeve Maddox 10 May 2011 The Difference Between Extortion and Blackmail Archived from the original on 13 July 2011 Retrieved 18 July 2011 Mackay Charles Ramsay Allan May G 1888 Black mail A dictionary of Lowland Scotch with an introductory chapter on the poetry humour and literary history of the Scottish language and an appendix of Scottish proverbs London Whittaker pp 10 12 Lindgren 1984 p 670 Most crimes do not need theories to explain why the behavior is criminal The wrongdoing is self evident But blackmail is unique among major crimes no one has yet figured out why it ought to be illegal Block Walter Blackmail as a Victimless Crime Archived 8 August 2017 at the Wayback Machine with Robert McGee Bracton Law Journal Vol 31 pp 24 28 1999 Block Walter Blackmailing for Mutual Good A Reply to Russell Hardin Archived 19 March 2011 at the Wayback Machine Vermont Law Review Vol 24 No 1 pp 121 141 1999 Walter Block N Stephan Kinsella and Hans Hermann Hoppe July 2000 The Second Paradox of Blackmail Business Ethics Quarterly 10 3 593 622 doi 10 2307 3857894 JSTOR 3857894 S2CID 5684396 Lindgren 1984 pp 670 71 Russell Christopher Meta Blackmail Archived 23 October 2015 at the Wayback Machine 94 Geo L J 739 2006 Page 744 reference 25 Sextortion webcam blackmail n d In Blackmail Retrieved August 8 2023 from https answerbob com how to report blackmail on snapchat Blackmail Snapchat blackmail Sextortion webcam blackmail National Crime Agency nationalcrimeagency gov uk 3 May 2023 Archived from the original on 21 February 2020 Retrieved 21 February 2020 The internet really can bring out the worst in people The National 31 March 2019 Archived from the original on 12 April 2019 Retrieved 28 April 2019 https eng umd edu news story study hackers attack every 39 seconds https eng umd edu news story study hackers attack every 39 secondsReferences EditBaker Dennis J Glanville Williams Textbook of Criminal Law Sweet amp Maxwell London 2005 ISBN 978 0 414 04613 9 Criminal Law Revision Committee 8th Report Theft and Related Offences Cmnd 2977 Griew Edward Theft Acts 1968 amp 1978 Sweet amp Maxwell London ISBN 978 0 421 19960 6 Lindgren James 1984 Unraveling the Paradox of Blackmail Columbia Law Review 84 3 670 717 doi 10 2307 1122502 JSTOR 1122502 Ormerod David Smith and Hogan Criminal Law LexisNexis London 2005 ISBN 978 0 406 97730 4 Smith J C Law of Theft LexisNexis London 1997 ISBN 978 0 406 89545 5External links Edit Blackmail Encyclopedia Americana 1920 Chisholm Hugh ed 1911 Blackmail Encyclopaedia Britannica 11th ed Cambridge University Press Retrieved from https en wikipedia org w index php title Blackmail amp oldid 1175029134, wikipedia, wiki, book, books, library,

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