ABSTRACT

This chapter makes sense of some of the key issues relating to the punishment of cyber-crimes, an area that is constantly evolving alongside the technological changes. It explains how each relates to the criminal law broadly speaking before considering how different theories of punishment might best grapple with that crime. Information has never been so easy to share – or steal. Data security is a significant issue. Data breaches can happen in several ways. Online fraud is a serious offence. Fraud is one of the most commonly experienced crimes. Most jurisdictions punish it with up to ten years imprisonment. Victims can report not only losing substantial amounts of money, but can be hesitant to report these crimes out of feelings of embarrassment and low mood. Victims report being much less trusting both to others online after such an attack, but to people offline as well. Rehabilitation and restorative justice appear non-factors.