网络犯罪与惩罚

Cybercrime and Punishment

Journal of Legal Studies · 2020
被引 9
ABS 3

中文导读

在Becker犯罪模型中加入主动防御的受害者,发现惩罚网络罪犯反而可能使其更努力犯罪并提高成功率,威慑可能无效甚至需要惩罚受害者。

Abstract

This paper models cybercrime by adding an active victim to the seminal Becker model of crime. The victim invests in security that may protect her from a cybercrime and, if the cybercrime is thwarted, generate evidence that can be used for prosecution. Successful crimes leave insufficient evidence for apprehension and conviction and, thus, cannot be punished. Results show that increased penalties for cybercriminals lead them to exert more effort and make cybercrimes more likely to succeed. Above a threshold they also lead victims to invest less in security. It may be impossible to deter cybercriminals by punishing them. Deterrence is possible, but not necessarily optimal, through punishing victims, such as data controllers or processors that fail to protect their networks.

网络犯罪犯罪经济学威慑理论信息安全