CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, December 2, 2021

Li on Cybercrime and Deterrence

Xingan Li (Tallinn University (TLU)) has posted Cybercrime and Deterrence on SSRN. Here is the abstract:
Society is undergoing automization, digitalization, spread of information, and networking, brought about by the broad adoption of information and communications technology (ICT). Information systems create not only advantages, convenience and efficiency, but also disadvantages, challenges and threats. Legislation is usually not prompt nor adequate enough to address technology-oriented social problems. The potential abuse of information systems has long been uncontrollable. Cybercrime has a deeply negative influence on the development of an information society.

Considering the routine-activity theory and the social disorganization theory, the dissertation explores the conceived challenges created by the development of an information technology confronting the traditional social-control system.
The dissertation analyses the history, definition, characteristics, and classifications of cybercrime. It advocates a definition in a broad sense, in which it identifies characteristics of cybercrime and their negative influence on the probability of detection and effectiveness of deterrence. Current legal frameworks on cybercrime, either outdated or updated, either intra-national or international, are found ineffective in combating cybercrime. The key understanding of this dissertation is that, in order for the information society to be protected and the effectiveness of legal deterrence to be guaranteed, it is imperative to eliminate legal and jurisdictional gaps between countries, and between meat space and cyberspace so as to hold the criminal subjects liable.

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