Gilberto Martins de Almeida, Fernando Bourguy, João Farrel and Diego Semeraro, members of the research institute Instituto Direlto e Tecnologia (IDTEC) and of Martins de Almeida - Advogados law firm
This article discusses the legal application of standards and frameworks as a possible approach for mitigating the increasing gap between the slow pace of legislative action and the fast evolution of cybercrime powered by generative artificial intelligence (GAI) systems.
Its purpose is to demonstrate how standards and frameworks can fill in the blanks of existing cybercrime legislation, updating this with soft law if suitable. This has proved successful over time in various contexts. This article analyses cybercrime legislation in Commonwealth countries, with particular focus on Commonwealth small states. It indicates that different countries have different national strategies, but that all Commonwealth countries take the same general approach.