How to punish cyber criminals: A study to investigate the target and consequence based punishments for malware attacks in UK, USA, China, Ethiopia & Pakistan.

Cyber attacks Cyber crimes Cyber laws Deterrence Malware attacks Proportionate punishments

Journal

Heliyon
ISSN: 2405-8440
Titre abrégé: Heliyon
Pays: England
ID NLM: 101672560

Informations de publication

Date de publication:
Dec 2023
Historique:
received: 18 12 2022
revised: 19 11 2023
accepted: 20 11 2023
medline: 11 12 2023
pubmed: 11 12 2023
entrez: 11 12 2023
Statut: epublish

Résumé

Numerous research studies have highlighted the exponential growth of malware attacks worldwide, posing a significant threat to society. Cybercriminals are becoming increasingly merciless and show no signs of pity towards individuals or organizations. It is evident that cyber criminals will stop at nothing to gain unauthorized access to confidential information. To effectively combat malware attacks, strict cyber laws are necessary, and the use of malware is punishable in many countries. However, the literature has not addressed whether these penalties create deterrence or not. This research article has addressed this gap. In this study, the effectiveness of criminal laws related to malware-related crimes in various jurisdictions was analyzed using the doctrinal research methodology. The cyber laws of the USA, UK, Ethiopia, Pakistan, and China were examined to determine whether the penalties imposed for these crimes are appropriate given the severity of the harm caused. The study concludes that malware penalties should take into account the creation or use of malicious code, targeting individuals or organizations, and the magnitude of consequences, regardless of whether mens rea is present or not.

Identifiants

pubmed: 38076082
doi: 10.1016/j.heliyon.2023.e22823
pii: S2405-8440(23)10031-4
pmc: PMC10709485
doi:

Types de publication

Journal Article

Langues

eng

Pagination

e22823

Informations de copyright

© 2023 The Authors. Published by Elsevier Ltd.

Déclaration de conflit d'intérêts

The authors declare that they have no known competing financial interests or personal relationships that could have appeared to influence the work reported in this paper.

Références

Sci Rep. 2023 May 17;13(1):8049
pubmed: 37198304

Auteurs

Nadia Khadam (N)

Department of Law, Fatima Jinnah Women University, Rawalpini, Pakistan.

Nasreen Anjum (N)

Department of Technical Computing and Cyber Security, University of Gloucestershire, WW103, Park Campus, Cheltenham, United Kingdom.

Abu Alam (A)

Department of Technical Computing and Cyber Security, University of Gloucestershire, WW103, Park Campus, Cheltenham, United Kingdom.

Qublai Ali Mirza (Q)

Department of Technical Computing and Cyber Security, University of Gloucestershire, WW103, Park Campus, Cheltenham, United Kingdom.

Muhammad Assam (M)

Department of Software Engineering, University of Science and Technology, Bannu, Pakistan.

Emad A A Ismail (EAA)

Department of Quantitative Analysis, College of Business Administration, King Saud University, P.O. Box 71115, Riyadh 11587, Saudi Arabia.

Mohamed R Abonazel (MR)

Department of Applied Statistics and Econometrics, Faculty of Graduate Studies for Statistical Research, Cairo University, Giza, Egypt.

Classifications MeSH