Resumen

JIMENEZ BERNALES, Luis Alberto. The Current State of Cybercrime in Peru and German Law. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.167, pp.197-219.  Epub 25-Jun-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.167.18367.

Little more than two decades since the Internet became widespread in much of the world, not only as a utility to send or receive an email or to search for some curious information, but also for the use of applications that substantially facilitate people’s lives: paying bills online, intelligent supports for multiple devices and teleworking; the dynamism in this new form of social interaction could not happen without the Internet. However, this technological evolution also implies a series of risks that in recent years has increased in Peru and the world, such as the apology to terrorism, child pornography, piracy, defamation, are an example of the risks in cyberspace that every day become more common in a post-industrial society. Given this problematic reality, the objective of this work is to highlight the risks to which legal assets are exposed, when the Internet provider does not provide any preventive mechanism (artificial intelligence system) to combat it. At the end of this study, it will be concluded that self-regulatory (compliance) measures are appropriate to control platforms as sources of danger. It will be suggested to the Peruvian legislator to establish a regulation that obliges service providers to monitor their platforms to prevent the violation of legal goods in cyberspace.

Palabras llave : cybercrime; ius puniendi; criminal policy; digital media; risk society.