Argentina and its pending subject: cybersecurity

Abstract

This paper analyzes how the rapid advancement of technology has generated new forms of criminality that go beyond the scope of the Argentine Criminal Code, revealing critical regulatory gaps. Through concrete cases and up-to-date statistics, it exposes the insufficiency of the current legal framework, the lack of preparedness, and the weakness of public policies. It also addresses the complex debate surrounding anonymity in digital networks, defending its relevance as an essential democratic guarantee for the protection of freedom of expression, especially in contexts of vulnerability and political dissent. It warns that simplistic attempts to eliminate anonymity may have negative consequences for fundamental rights.

The paper argues that criminal law must be reformed to meet the challenges of digital crime through dynamic legislation, strengthened institutions, international cooperation, and sustained public policies. However, the approach is taken from the field of criminal law and criminal policy, without aiming to cover the technical aspects specific to computer science or cybersecurity.

The sources used—normative, jurisprudential, doctrinal, and journalistic—come from public documents, reputable media outlets, academic publications, and official records.