The Need for Specific Penalties for Hacking in Criminal Law

نویسندگان

  • Sangkyo Oh
  • Kyungho Lee
چکیده

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Differential Pre-Trial for Accused Patients

The proportionality of penalties with the personality and characteristics of convicts is one of the basic principles of many criminal systems. Nowadays, the pay attention to this principle is important in criminal procedure rules. Considering this issue in preliminary investigations is very important in the rules of criminal procedure. Objectives such as summoning, catching, accusing, interroga...

متن کامل

Cases of Limitations and Violations of the Principles of Moral and Criminal Law in the Study of Reasons for Crimes Against Security Based on Expediency

Background: In specific criminal law, security crimes are of special importance due to their harmful effects on the whole society and the country. One of the reasons for studying crimes against security is that the way and method of discovering and investigating the perpetrators of crimes against security is different from other crimes. The purpose of explaining the limitations and deviations f...

متن کامل

The Age of Criminal Responsibility in Children: some of Islamic Views

The age of criminal responsibility of children in the Islamic Penalties Act has been determined as religious Bulugh (puberty) Nasab. According to this, criminal authorities hold girls criminally liable and punishable at 9 complete lunar years and boys at 15 complete lunar years. Unfortunately, our legislator has set criminal responsibility of children based on sexual maturity; therefore, thousa...

متن کامل

Procedure Governing the Crimes of Legal Persons in the Preliminary Investigation Stage in Iranian and French Law

Article 143 of the Islamic Penal Code has anticipated criminal liability of legal persons. Since investigation of the crimes committed by these persons requires the existence of a criminal procedure relative to their nature, following the French law, the Code of Criminal Procedure has established rules by allocating a separate section. The specific provisions codified by the legislator in the C...

متن کامل

Cases of Limitation and Deviation from the Principles of Ethical and Criminal Law through the Study of the Cause of Crimes against Security on the Basis of Expediency

Background: In specific criminal law, security crimes are of special importance for the whole society and the country due to their harmful effects on the public. One of these cases is the study of evidence in crimes against security that the manner and method of detection and investigation of perpetrators of crimes against security is different from other crimes. The purpose of explaining the c...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

ثبت نام

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

عنوان ژورنال:

دوره 2014  شماره 

صفحات  -

تاریخ انتشار 2014