Punishability of Computer Fraud in Selected Countries in Latin America and Europe

Abstract

Computer fraud poses an increasing challenge to the security of individuals and institutions worldwide. This study compares the legislation of selected Latin American and European countries, identifying three main approaches to criminalizing the fraudulent exploitation of vulnerabilities in electronic data processing systems: creating a separate offense of computer fraud; adapting and extending classic fraud definitions to include computer-related forms; andnot having a separate offense, with an emphasis on technical offenses involving interference with computer systems. The study also highlights terminological and regulatory differences that affect the effective prosecution and international cooperation in this area. The importance of dynamic regulation that incorporates technological advances, such as artificial intelligence and novel digital manipulation techniques, is emphasized.