The need for specific penalties for hacking in criminal law

Area of Science:

• Computer Science
• Law
• Cybersecurity

Background:

• The term 'hacking' lacks a precise legal definition globally.
• Ambiguous definitions lead to varied interpretations and legal side effects.
• Recent US reforms (Aaron's Law) aim to amend the Computer Fraud and Abuse Act (CFAA).

Purpose of the Study:

• To analyze and compare definitions and penalties for hacking across different countries.
• To evaluate national laws related to hacking offenses.
• To propose more specific legislation to reduce legal ambiguity and excessive punishment.

Main Methods:

• Comparative legal analysis of hacking definitions and penalties.
• Review of national legislation and literature on hacking.
• Examination of proposed amendments like Aaron's Law in the US.

Main Results:

• Significant variation in legal definitions and penalties for hacking worldwide.
• The CFAA in the US has been criticized for severe and controversial applications.
• Aaron's Law proposed to mitigate some of the CFAA's harshness.

Conclusions:

• Clearer, standardized legal definitions of hacking are needed internationally.
• Specific legislation can reduce legal controversy and prevent disproportionate sentencing.
• Harmonizing laws will improve cybersecurity governance and legal certainty.