The Need for Specific Penalties for Hacking in Criminal Law
- 주제(키워드) Hacker , CFAA , Punishment , Aaron Swartz , Criminal Law
- 발행기관 고려대학교 정보보호대학원
- 지도교수 이경호
- 발행년도 2015
- 학위수여년월 2015. 2
- 학위구분 석사
- 학과 정보보호대학원 정보보호학과
- 원문페이지 68 p
- 실제URI http://www.dcollection.net/handler/korea/000000057422
- 본문언어 영어
- 제출원본 000045828470
초록/요약
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 with the national law, then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.
more목차
1. Introduction 1
2. Penalties of countries 4
2.1 Penalties of Germany 5
2.2 Penalties of the US 6
2.3 Penalties fo China 7
3. Comparison of criminal laws 9
4. Case Studies 13
4.1 Port Scan 13
4.2 Collecting Email Addresses 16
4.3 IPhone jail breaking 16
4.4 Attempted DDoS Attack 16
5. Punishment Criteria 18
6. Conclusions 20
7. Appendices 26
