Criminal Law in Cyberspace age he probability that one will get caught 6 To the extent that cybercrimes are easier to get away with, sentences might be increased to compensate for this lower probability In addition to the probability of being caught, another variable overlooked by the"cybercrime is not different camp is the perpetration cost of engaging in crime. A bank robbery in realspace, for example, consumes tremendous criminal resources. A robber would have to hire lookouts and firepower, garner inside knowledge about the bank, and so on. Profits would be split between five, Six, or even more people. A computer theft, by contrast, involves fewer resource inputs and may even be accomplished by a single person sitting down at a computer. Because cybercrime requires fewer resources and less investment to cause a given level of harm, the law might want to approach these crimes differently These variations suggest that cyberspace is a unique medium for three reasons. First, and most importantly, the use of computers and other equipment is a cheaper means to perpetrate crime Criminal law must be concerned not only with punishing crime ex post, but with creating ex ante barriers to inexpensive ways of carrying out criminal activity. In this Article, this principle-which is generally applicable in criminal law- will be called cost deterrence. The idea is that law should strive to channel crime into outlets that are more costly to criminals. Cyberspace presents unique opportunitie for criminals to reduce their perpetration costs the probability of success achieved by a given expenditure is greater. Accordingly, the law should develop mechanisms to neutralize these efficiency advantages See gary S. Becker, Crime and Punishment: An Economic Approach, 76 J. POL. ECON. 169(1968); Cesare Beccaria On Crimes and Punishments, in ON CRIMES AND PUNISHMENTS AND OTHER WRITINGS 1, 21(Richard Bellamy ed Richard Davies et al. trans., Cambridge Univ Press 1995)(1764)Criminal Law in Cyberspace Page 4 6 See Gary S. Becker, Crime and Punishment: An Economic Approach, 76 J. POL. ECON. 169 (1968); Cesare Beccaria, On Crimes and Punishments, in ON CRIMES AND PUNISHMENTS AND OTHER WRITINGS 1, 21 (Richard Bellamy ed. & Richard Davies et al. trans., Cambridge Univ. Press 1995) (1764). the probability that one will get caught.6 To the extent that cybercrimes are easier to get away with, sentences might be increased to compensate for this lower probability. In addition to the probability of being caught, another variable overlooked by the “cybercrime is not different” camp is the perpetration cost of engaging in crime. A bank robbery in realspace, for example, consumes tremendous criminal resources. A robber would have to hire lookouts and firepower, garner inside knowledge about the bank, and so on. Profits would be split between five, six, or even more people. A computer theft, by contrast, involves fewer resource inputs and may even be accomplished by a single person sitting down at a computer. Because cybercrime requires fewer resources and less investment to cause a given level of harm, the law might want to approach these crimes differently. These variations suggest that cyberspace is a unique medium for three reasons. First, and most importantly, the use of computers and other equipment is a cheaper means to perpetrate crime. Criminal law must be concerned not only with punishing crime ex post, but with creating ex ante barriers to inexpensive ways of carrying out criminal activity. In this Article, this principle–which is generally applicable in criminal law–will be called cost deterrence. The idea is that law should strive to channel crime into outlets that are more costly to criminals. Cyberspace presents unique opportunities for criminals to reduce their perpetration costs; the probability of success achieved by a given expenditure is greater. Accordingly, the law should develop mechanisms to neutralize these efficiency advantages