ABSTRACT
This chapter provides a theoretical analysis of the extent to which punishment-based deterrence-orientated criminal law and enforcement might be effective in the context of cyberterrorism. It discusses that the extent to which the criminal law and criminal enforcement is able to achieve a deterrent effect in the context of cyberterrorism is uncertain at best. As such, in order to fully elucidate the extent to which the criminal law and enforcement thereof is theoretically able to deter cyberterrorism, it may be presupposed throughout this chapter that the term cyberterrorism refers to Weimann's definition. The considerable resources required to bolster deterrence - particularly measures designed to increase likelihood of apprehension - would be better utilised in a policy of target hardening. It has therefore been contended that as a policy response, resources needed to augment the deterrent effect of legal sanctions may be better targeted at technological measures designed to maintain situation which produces an unfavourable cost-benefit ratio for any potential cyberattack.
