title: The need for specific penalties for hacking in criminal law.
abstract: 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.
authors.affiliation: Center for Information Security Technologies (CIST), Korea University, Seoul 136-701, Republic of Korea.
authors.forename: Sangkyo
authors.initials: S
authors.lastname: Oh
authors.affiliation: Center for Information Security Technologies (CIST), Korea University, Seoul 136-701, Republic of Korea.
authors.forename: Kyungho
authors.initials: K
authors.lastname: Lee
mesh_terms: D016494:Computer Security / Q000331:legislation & jurisprudence* / Q000592:standards; D003416:Criminal Law / Q000331:legislation & jurisprudence* / Q000592:standards; D005858:Germany; D007723:Korea; D009626:Terminology as Topic