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The Scientific World Journal
Volume 2014, Article ID 736738, 6 pages
Review Article

The Need for Specific Penalties for Hacking in Criminal Law

Center for Information Security Technologies (CIST), Korea University, Seoul 136-701, Republic of Korea

Received 13 April 2014; Accepted 29 May 2014; Published 16 June 2014

Academic Editor: Sang-Soo Yeo

Copyright © 2014 Sangkyo Oh and Kyungho Lee. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.


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.