Criminal Law Protection of Cybersecurity Considering AI-based Cybercrime

Abstract

As the development of artificial intelligence (AI) is unfolding, cybersecurity faces the invasion of AI. AI-based cybercrime becomes a product of technological development, posing a threat to national security, public security, and the protection of citizens’ personal property rights and privacy rights. In particular, the derivation of cybercrime that follows the development of science and technology leads to a qualitative change in the patterns of cybercrimes, expanding the scope and depth of the harm caused by cybercrime, producing a series of impacts on the conviction rules of traditional criminal law in China. The defects such as the features of the principal offender being weakened, the definition of the responsibility for accessory to the principal offender not clear, the narrow scope applicable to one-sided accomplice are present. To this end, in the era where AI and cybercrime have deep integration, given the derivative trend of AI-based cybercrime, it is urgent to adjust the focus of criminal strategy against cybercrime. The horizontal docking of domestic substantive law and legal interpretation is performed to achieve a gradient balance between judicial interpretation and legislative amendment and adjust the criminal boundary in cybercrime evaluation, thereby changing the current high threshold of conviction in the cybercrime governance and late launch of punishment power.