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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...
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Hindawi Publishing Corporation
2014
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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. |
format | Online Article Text |
id | pubmed-4083268 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2014 |
publisher | Hindawi Publishing Corporation |
record_format | MEDLINE/PubMed |
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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