IDEAS home Printed from https://ideas.repec.org/a/inm/orisre/v35y2024i3p1195-1215.html
   My bibliography  Save this article

Chilling Effect of the Enforcement of Computer Misuse Act: Evidence from Publicly Accessible Hack Forums

Author

Listed:
  • Qiu-Hong Wang

    (Department of Information Systems and Analytics, National University of Singapore, Singapore 117417)

  • Ruibin Geng

    (School of Management, Xi’an Jiaotong University, Xi’an 710049, P.R. China)

  • Seung Hyun Kim

    (School of Business, Yonsei University, Seoul 03722, Korea)

Abstract

To reduce the availability of hacking tools for use in cybersecurity offenses, many countries have enacted computer misuse acts (CMAs) that criminalize the production, distribution, and possession of such tools with criminal intent. However, the dual-use nature of cybersecurity technology complicates the legal process of recognizing such computer misuse tools and of predicting harmful intent based on mere possession. This predicament introduces the possibility of unfounded prosecution that may produce a chilling effect on the provision of techniques otherwise valuable in maintaining cybersecurity and defending against hackers. This study establishes a theoretical foundation for the potentially chilling effect of such legal enforcement by adopting theories about choice under uncertainty. Leveraging an external shock in publicly accessible online hack forums, we examined the impact of CMA enforcement on users’ contributions to cybersecurity-relevant topics that are not targeted by the law. We found that CMA enforcement reduces the quantity and the extent of relevance to cybersecurity in discussions in hack forums. We further identified the mechanisms of this chilling effect by delving into users’ heterogeneity in responding to the uncertainty of false prosecution imposed by CMA enforcement as well as users’ proactivity undertaken to alleviate such uncertainty. Our study reveals this chilling effect is not just about restraining individuals from lawful acts but also about how they refrain from acts not intended as targets of the law.

Suggested Citation

  • Qiu-Hong Wang & Ruibin Geng & Seung Hyun Kim, 2024. "Chilling Effect of the Enforcement of Computer Misuse Act: Evidence from Publicly Accessible Hack Forums," Information Systems Research, INFORMS, vol. 35(3), pages 1195-1215, September.
    • Handle: RePEc:inm:orisre:v:35:y:2024:i:3:p:1195-1215
    DOI: 10.1287/isre.2019.0346
    as

    Download full text from publisher

    File URL: http://dx.doi.org/10.1287/isre.2019.0346
    Download Restriction: no
    File URL: https://libkey.io/10.1287/isre.2019.0346?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    References listed on IDEAS

    as
    1. Sautua, Santiago I., 2017. "Does uncertainty cause inertia in decision making? An experimental study of the role of regret aversion and indecisiveness," Journal of Economic Behavior & Organization, Elsevier, vol. 136(C), pages 1-14.
    2. Bewley, Truman F., 2011. "Knightian decision theory and econometric inferences," Journal of Economic Theory, Elsevier, vol. 146(3), pages 1134-1147, May.
    3. Gordon Burtch & Seth Carnahan & Brad N. Greenwood, 2018. "Can You Gig It? An Empirical Examination of the Gig Economy and Entrepreneurial Activity," Management Science, INFORMS, vol. 64(12), pages 5497-5520, December.
    4. Marcello Basili, 2001. "Knightian Uncertainty in Financial Markets: An Assessment," Economic Notes, Banca Monte dei Paschi di Siena SpA, vol. 30(1), pages 1-26, February.
    5. Marianne Bertrand & Esther Duflo & Sendhil Mullainathan, 2004. "How Much Should We Trust Differences-In-Differences Estimates?," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 119(1), pages 249-275.
    6. Warut Khern-am-nuai & Karthik Kannan & Hossein Ghasemkhani, 2018. "Extrinsic versus Intrinsic Rewards for Contributing Reviews in an Online Platform," Information Systems Research, INFORMS, vol. 29(4), pages 871-892, December.
    7. Meyer, Bruce D, 1995. "Natural and Quasi-experiments in Economics," Journal of Business & Economic Statistics, American Statistical Association, vol. 13(2), pages 151-161, April.
    8. David H. Autor, 2003. "Outsourcing at Will: The Contribution of Unjust Dismissal Doctrine to the Growth of Employment Outsourcing," Journal of Labor Economics, University of Chicago Press, vol. 21(1), pages 1-42, January.
    9. Ricardo J Caballero, 2010. "Sudden Financial Arrest," IMF Economic Review, Palgrave Macmillan;International Monetary Fund, vol. 58(1), pages 6-36, August.
    10. Mingfeng Lin & Henry C. Lucas & Galit Shmueli, 2013. "Research Commentary ---Too Big to Fail: Large Samples and the p -Value Problem," Information Systems Research, INFORMS, vol. 24(4), pages 906-917, December.
    11. Daniel Ellsberg, 1961. "Risk, Ambiguity, and the Savage Axioms," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 75(4), pages 643-669.
    12. Louis Kaplow, 2011. "Optimal Proof Burdens, Deterrence, and the Chilling of Desirable Behavior," American Economic Review, American Economic Association, vol. 101(3), pages 277-280, May.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Guo, Xue & Cheng, Aaron & Pavlou, Paul A., 2024. "Skill-biased technical change, again? Online gig platforms and local employment," LSE Research Online Documents on Economics 124538, London School of Economics and Political Science, LSE Library.
    2. Yuan Jin & Ho Cheung Brian Lee & Sulin Ba & Jan Stallaert, 2021. "Winning by Learning? Effect of Knowledge Sharing in Crowdsourcing Contests," Information Systems Research, INFORMS, vol. 32(3), pages 836-859, September.
    3. Lechner, Michael, 2011. "The Estimation of Causal Effects by Difference-in-Difference Methods," Foundations and Trends(R) in Econometrics, now publishers, vol. 4(3), pages 165-224, November.
    4. Gorkem Turgut Ozer & Brad N. Greenwood & Anandasivam Gopal, 2023. "Digital Multisided Platforms and Women’s Health: An Empirical Analysis of Peer-to-Peer Lending and Abortion Rates," Information Systems Research, INFORMS, vol. 34(1), pages 223-252, March.
    5. Christian Peukert & Imke Reimers, 2022. "Digitization, Prediction, and Market Efficiency: Evidence from Book Publishing Deals," Management Science, INFORMS, vol. 68(9), pages 6907-6924, September.
    6. Hongchang Wang & Eric M. Overby, 2022. "How Does Online Lending Influence Bankruptcy Filings?," Management Science, INFORMS, vol. 68(5), pages 3309-3329, May.
    7. Yang Pan & LiangFei Qiu, 2018. "Is Uber Helping or Hurting Mass Transit? An Empirical Investigation," Working Papers 18-11, NET Institute.
    8. Holm-Hadulla, Fédéric, 2020. "Fiscal equalization and the tax structure," Regional Science and Urban Economics, Elsevier, vol. 81(C).
    9. George S. Ford, 2018. "A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review," Laws, MDPI, vol. 7(4), pages 1-11, October.
    10. Juan Jose Diaz & Miguel Jaramillo, 2009. "Evaluating interventions to reduce maternal mortality: evidence from Peru's PARSalud programme," Journal of Development Effectiveness, Taylor & Francis Journals, vol. 1(4), pages 387-412.
    11. Filippini, Massimo & Geissmann, Thomas & Karplus, Valerie J. & Zhang, Da, 2020. "The productivity impacts of energy efficiency programs in developing countries: Evidence from iron and steel firms in China," China Economic Review, Elsevier, vol. 59(C).
    12. Yipu Deng & Jinyang Zheng & Warut Khern-am-nuai & Karthik Kannan, 2022. "More than the Quantity: The Value of Editorial Reviews for a User-Generated Content Platform," Management Science, INFORMS, vol. 68(9), pages 6865-6888, September.
    13. Jaehyeon Ju & Daegon Cho & Jae Kyu Lee & Jae‐Hyeon Ahn, 2021. "Can It Clean Up Your Inbox? Evidence from South Korean Anti‐spam Legislation," Production and Operations Management, Production and Operations Management Society, vol. 30(8), pages 2636-2652, August.
    14. Erdem Dogukan Yilmaz & Ivana Naumovska & Milan Miric, 2023. "Does imitation increase or decrease demand for an original product? Understanding the opposing effects of discovery and substitution," Strategic Management Journal, Wiley Blackwell, vol. 44(3), pages 639-671, March.
    15. Bilach, Thomas J. & Roche, Sean Patrick & Wawro, Gregory J., 2020. "The Effects of the Summer All Out Foot Patrol Initiative in New York City: A Difference-in-Differences Approach," SocArXiv ep4fs, Center for Open Science.
    16. Yingjie Zhang & Beibei Li & Sean Qian, 2023. "Ridesharing and Digital Resilience for Urban Anomalies: Evidence from the New York City Taxi Market," Information Systems Research, INFORMS, vol. 34(4), pages 1775-1790, December.
    17. Jaeung Sim & Daegon Cho & Youngdeok Hwang & Rahul Telang, 2022. "Frontiers: Virus Shook the Streaming Star: Estimating the COVID-19 Impact on Music Consumption," Marketing Science, INFORMS, vol. 41(1), pages 19-32, January.
    18. Villas-Boas, Sofia B, 2020. "Reduced Form Evidence on Belief Updating Under Asymmetric Information," Department of Agricultural & Resource Economics, UC Berkeley, Working Paper Series qt08c456vk, Department of Agricultural & Resource Economics, UC Berkeley.
    19. Beestermöller, Matthias, 2017. "Striking Evidence? Demand Persistence for Inter-City Buses from German Railway Strikes," Discussion Papers in Economics 31768, University of Munich, Department of Economics.
    20. Muñoz-Acevedo, Ángela & Grzybowski, Lukasz, 2023. "Impact of roaming regulation on revenues and prices of mobile operators in the EU," International Journal of Industrial Organization, Elsevier, vol. 89(C).

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:inm:orisre:v:35:y:2024:i:3:p:1195-1215. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Asher (email available below). General contact details of provider: https://edirc.repec.org/data/inforea.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.