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The Need for Specific Penalties for Hacking in Criminal Law

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...

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Detalles Bibliográficos
Autores principales: Oh, Sangkyo, Lee, Kyungho
Formato: Online Artículo Texto
Lenguaje:English
Publicado: Hindawi Publishing Corporation 2014
Materias:
Acceso en línea:https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4083268/
https://www.ncbi.nlm.nih.gov/pubmed/25032236
http://dx.doi.org/10.1155/2014/736738
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author Oh, Sangkyo
Lee, Kyungho
author_facet Oh, Sangkyo
Lee, Kyungho
author_sort Oh, Sangkyo
collection PubMed
description 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.
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spelling pubmed-40832682014-07-16 The Need for Specific Penalties for Hacking in Criminal Law Oh, Sangkyo Lee, Kyungho ScientificWorldJournal Review Article 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. Hindawi Publishing Corporation 2014 2014-06-16 /pmc/articles/PMC4083268/ /pubmed/25032236 http://dx.doi.org/10.1155/2014/736738 Text en Copyright © 2014 S. Oh and K. Lee. https://creativecommons.org/licenses/by/3.0/ This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
spellingShingle Review Article
Oh, Sangkyo
Lee, Kyungho
The Need for Specific Penalties for Hacking in Criminal Law
title The Need for Specific Penalties for Hacking in Criminal Law
title_full The Need for Specific Penalties for Hacking in Criminal Law
title_fullStr The Need for Specific Penalties for Hacking in Criminal Law
title_full_unstemmed The Need for Specific Penalties for Hacking in Criminal Law
title_short The Need for Specific Penalties for Hacking in Criminal Law
title_sort need for specific penalties for hacking in criminal law
topic Review Article
url https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4083268/
https://www.ncbi.nlm.nih.gov/pubmed/25032236
http://dx.doi.org/10.1155/2014/736738
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