SELECTED THEORIES ON CRIMINALISATION OF HACKING

Abstract

Hacking or unauthorised access is criminalised in many jurisdictions, including Malaysia, Singapore, the United Kingdom, Hong Kong, and a few other countries. Hacking is the act of gaining access through the computer system or network without proper authority or exceeding the original authority given to him. Many commentators and researchers have reported on the conceptual and legal aspects of hacking. However, hacking's theoretical, conceptual, and legal aspects have remained under-researched. Therefore, this paper's primary objective is to outline the various theories, which could inform the criminalisation of hacking. The theories of routine activities, deterrence theory, social learning and self-control, general strain theory, and deviant subcultures are deliberated in this paper alongside illustrations within the context of hacking. This paper will shed light on the body of literature and contribute to a better understanding of hacking criminalisation from various theories discussed in this paper. Future research should be directed to provide empirical evidence of applying the theory to hacking criminalisation.