Numerous research studies have highlighted the exponential growth of malware attacks worldwide, posing a significant threat to society. Cybercriminals are becoming increasingly merciless and show no signs of pity towards individuals or organizations. It is evident that cyber criminals will stop at nothing to gain unauthorized access to confidential information. To effectively combat malware attacks, strict cyber laws are necessary, and the use of malware is punishable in many countries. However, the literature has not addressed whether these penalties create deterrence or not. This research article has addressed this gap. In this study, the effectiveness of criminal laws related to malware-related crimes in various jurisdictions was analyzed using the doctrinal research methodology. The cyber laws of the USA, UK, Ethiopia, Pakistan, and China were examined to determine whether the penalties imposed for these crimes are appropriate given the severity of the harm caused. The study concludes that malware penalties should take into account the creation or use of malicious code, targeting individuals or organizations, and the magnitude of consequences, regardless of whether mens rea is present or not.
Keywords: Cyber attacks; Cyber crimes; Cyber laws; Deterrence; Malware attacks; Proportionate punishments.
© 2023 The Authors. Published by Elsevier Ltd.