The State of Cybercrime in Delaware

• Finnley DiBenedetto, Political Science, University of Delaware

• Troy Mix, Institute of Public Administration, University of Delaware

Cybercrime is an international issue that all states must grapple with. Limited research addresses what states can or should do to reduce the incidence and harm of cybercrime. According to FBI data, cybercrime in Delaware has been worsening with more victims and more money lost since 2016. Experts from the National Institute of Standards and Technology, Cybersecurity and Infrastructure Security Agency, and National Conference of State Legislatures generally recommend coordination among public and private entities, centralization of cybersecurity in the executive branch, and adherence to clear standards. An examination of Delaware’s laws reveal significant gaps, with the state’s last cybersecurity specific law adopted in 2018. This law addresses data breaches from external sources, such as a hacker. This was a common problem when the law was originally written in 2005. However, it does little to address the problem of cyberfraud or reporting and recourse options for victims. The law on fraud also does not specifically address cyberfraud. Delaware’s legal framework aligns with that in many other states, with adherence to expert recommendations varying significantly. Moving forward, Delaware should consider addressing the worsening problem of cybercrime with legislation to be implemented through the Department of Technology and Information.