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

Khadam, Nadia, Anjum, Nasreen ORCID: 0000-0002-7126-2177, Alam, Abu S, Ali Mirza, Qublai Khan ORCID: 0000-0003-3403-2935, Assam, Muhammad, Ismail, Emad A.A. and Abonazel, Mohamed R. (2023) How to punish cyber criminals: a study to investigate the target and consequence based punishments for malware attacks in UK, USA, China, Ethiopia & Pakistan. Heliyon, 9 (12). e22823. doi:10.1016/j.heliyon.2023.e22823

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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.

Item Type: Article
Article Type: Article
Uncontrolled Keywords: Malware attacks; Cyber crimes; Cyber attacks; Deterrence; Proportionate punishments; Cyber laws
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology. > HV7231 Criminal justice administration
Q Science > QA Mathematics > QA75 Electronic computers. Computer science
Divisions: Schools and Research Institutes > School of Business, Computing and Social Sciences
Research Priority Areas: Applied Business & Technology
Depositing User: Rhiannon Goodland
Date Deposited: 29 Nov 2023 10:07
Last Modified: 12 Dec 2023 12:30

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