Jeremy Clarkson. Photo: Mark Thompson/Getty Images
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The neuroscience of Jeremy Clarkson

If humans can’t control themselves, they cannot be allowed the freedoms others enjoy: humans learn self-control, she says, in the same way that toddlers learn to control their bladders.

The great Jeremy Clarkson drama is, at heart, a question of neuroscience. Can our brains, formed and tweaked over millions of years, adjust to modern times? Or are we doomed to let their ancient structures rule for ever?

Perhaps it helps to compare Clarkson to Sims, the central character in Jennifer Haley’s brilliant play The Nether. Both are accused of an ongoing series of only vaguely defined transgressions. Both are largely unrepentant. They consider themselves to be beneficent figures: they provide pleasure and entertainment, albeit of a kind that is frowned on by many. Neither see grounds for criminal proceedings: it is the tenor of their lives and their general proclivities that the authorities seek to rein in.

The difference is that Sims is an entrepreneurial paedophile. In The Nether, the internet has become a fully immersive experience, gratifying all the senses. Sims has created a virtual world where customers’ avatars are free to have sex with childlike avatars – and even slay them with an axe, if they wish.

Is this wrong? It is an unsettling question for the audience, especially since the set makes the online world an immersive experience for them, too. The online children are not real; they are the online personas of consenting adults. No one is physically hurt. The uncomfortable truth is that we have no rules for how virtual adults should behave, even towards virtual children. Technology has already outrun the evolution of our morals.

Sims exploits this. His creation, he says, mitigates against people with his proclivities offending in the real world. Their brains make them do these things, he says. He is merely providing an alternative path of action. Does he have a point? The scientific literature certainly associates paedophilia with specific abnormalities in the brain. In 2003, the Archives of Neurology reported the case of a man whose brain tumour had caused him to start sexually molesting his eight-year-old stepdaughter. When the tumour was removed, his sexual interest disappeared.

This month, German researchers have reported that there is “growing evidence that paedophilia is linked to both structural and functional brain abnormalities”. One of those abnormalities is in the areas of the brain that deal with impulse control. The question is, does that make us any less inclined to condemn behaviour when those impulses are acted upon?

It seems not. The American neuroscientist and philosopher Patricia Churchland puts it like this: “An explanation is not an excuse.” If humans can’t control themselves, they cannot be allowed the freedoms others enjoy: humans learn self-control, she says, in the same way that toddlers learn to control their bladders.

This brings us back to Clarkson. Top Gear creates a virtual experience for those who have learned to control their bladders but not their impulses to do (or watch) silly or dangerous things. The programme’s appeal is often described as adolescent – and with good neuroscientific reason: in teenagers, the frontal lobes are not yet fully connected. These are the structures responsible for assessing consequences and making judgements. The Clarkson issue is about whether this half-formed physiology and the appeal of its world-view can justifiably be exploited and enjoyed by adults.

Now, though, someone has allegedly been physically hurt. The incident invokes ancient brain structures that flood us with deep-rooted but possibly anachronistic moral certitudes. We, the audience, are left in turmoil and yet utterly compelled to watch as the BBC’s moral dilemma plays out. Having had its way with Jeremy Clarkson for so long, should the corporation now control that impulse towards the axe?

Michael Brooks holds a PhD in quantum physics. He writes a weekly science column for the New Statesman, and his most recent book is At the Edge of Uncertainty: 11 Discoveries Taking Science by Surprise.

This article first appeared in the 19 March 2015 issue of the New Statesman, British politics is broken

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Marcus Hutchins: What we know so far about the arrest of the hero hacker

The 23-year old who stopped the WannaCry malware which attacked the NHS has been arrested in the US. 

In May, Marcus Hutchins - who goes by the online name Malware Tech - became a national hero after "accidentally" discovering a way to stop the WannaCry virus that had paralysed parts of the NHS.

Now, the 23-year-old darling of cyber security is facing charges of cyber crime following a bizarre turn of events that have left many baffled. So what do we know about his indictment?

Arrest

Hutchins, from Ilfracombe in Devon, was reportedly arrested by the FBI in Las Vegas on Wednesday before travelling back from cyber security conferences Black Hat and Def Con.

He is now due to appear in court in Las Vegas later today after being accused of involvement with a piece of malware used to access people's bank accounts.

"Marcus Hutchins... a citizen and resident of the United Kingdom, was arrested in the United States on 2 August, 2017, in Las Vegas, Nevada, after a grand jury in the Eastern District of Wisconsin returned a six-count indictment against Hutchins for his role in creating and distributing the Kronos banking Trojan," said the US Department of Justice.

"The charges against Hutchins, and for which he was arrested, relate to alleged conduct that occurred between in or around July 2014 and July 2015."

His court appearance comes after he was arraigned in Las Vegas yesterday. He made no statement beyond a series of one-word answers to basic questions from the judge, the Guardian reports. A public defender said Hutchins had no criminal history and had previously cooperated with federal authorities. 

The malware

Kronos, a so-called Trojan, is a kind of malware that disguises itself as legitimate software while harvesting unsuspecting victims' online banking login details and other financial data.

It emerged in July 2014 on a Russian underground forum, where it was advertised for $7,000 (£5,330), a relatively high figure at the time, according to the BBC.

Shortly after it made the news, a video demonstrating the malware was posted to YouTube allegedly by Hutchins' co-defendant, who has not been named. Hutchins later tweeted: "Anyone got a kronos sample."

His mum, Janet Hutchins, told the Press Association it is "hugely unlikely" he was involved because he spent "enormous amounts of time" fighting attacks.

Research?

Meanwhile Ryan Kalember, a security researcher from Proofpoint, told the Guardian that the actions of researchers investigating malware may sometimes look criminal.

“This could very easily be the FBI mistaking legitimate research activity with being in control of Kronos infrastructure," said Kalember. "Lots of researchers like to log in to crimeware tools and interfaces and play around.”

The indictment alleges that Hutchins created and sold Kronos on internet forums including the AlphaBay dark web market, which was shut down last month.

"Sometimes you have to at least pretend to be selling something interesting to get people to trust you,” added Kalember. “It’s not an uncommon thing for researchers to do and I don’t know if the FBI could tell the difference.”

It's a sentiment echoed by US cyber-attorney Tor Ekeland, who told Radio 4's Today Programme: "I can think of a number of examples of legitimate software that would potentially be a felony under this theory of prosecution."

Hutchins could face 40 years in jail if found guilty, Ekelend said, but he added that no victims had been named.

This article also appears on NS Tech, a new division of the New Statesman focusing on the intersection of technology and politics.

Oscar Williams is editor of the NewStatesman's sister site NSTech.