This work is motivated by the need to address a topic of considerable social and legal relevance: cyber fraud. In an increasingly connected world, these criminal modalities pose a growing challenge for authorities and society as a whole.

Cyber scams in Argentina have risen significantly in recent years. According to data from the Specialized Fiscal Unit on Cybercrime, cybercrimes increased by 38.5% between April 2022 and March 2023 compared with the previous year.(1)

Similarly, during the period between January 1 and December 31, 2023, the CERT.ar registered a total of 379 computer incidents on its management platform, a figure that increased by 13% compared to 2022, when 335 were registered.(2,3,4,5)

This trend is exacerbated by the sophistication of the techniques used by fraudsters, who constantly seek new ways to deceive their victims.

“Fraud cases, with 288 occurrences, represent 76% of the total reported incidents, indicating that this category was the most frequently recorded computer crime during the period analyzed. The detected types included unauthorized use of resources, copyright, identity theft, and phishing.”(2,6,7,8,9)

The advancement of information and communication technologies (ICTs) has brought numerous benefits for personal, professional, economic, and commercial development; however, it has also created a new scenario for the commission of crimes: cyber frauds.(10,11)

In today's digital era, cyber scams have become an increasingly frequent and sophisticated threat. These criminal modalities, which are carried out through electronic or computer-based means, often occur through social media, dating applications, emails, and sales pages, among others, and have a significant impact on victims at both the individual and economic levels.(12,13)

Cyber scams are a type of crime committed by using information and communication technologies to deceive the victim and obtain an economic benefit, and “as in all cases of fraud, their configuration requires causing harm of a patrimonial nature to another person. The legally protected interest is patrimony in general, and what is punished are conducts that affect patrimony through the use of computer systems by the perpetrator.”(14,15,16)

Cyber scams can vary greatly in how they are committed, but new forms include the following:(17,18,19,20,21)

Social engineering: Techniques used by cybercriminals to manipulate people and obtain confidential information or access to computer systems.(22)

Phishing: Phishing is a type of cyberattack that uses emails, text messages, phone calls, or fraudulent websites to deceive people and make them share confidential data, download malware, or otherwise expose themselves to cybercrime.(23,24)

Pharming: similar to Phishing, but here there is no decoy, rather a redirection to a fake web page, with the purpose of obtaining confidential information.(25)

Ransomware: Ransomware is a type of software generally used by cybercriminals to encrypt files or computer systems. The term includes all forms of malicious code, such as viruses and computer worms. Its purpose is “to hijack information” and, in this way, to prevent one person or organization from accessing their data or devices until a sum of money has been paid as ransom, which is often in cryptocurrencies to allow the cybercriminal to hide their trace. (26)

Vishing: It is a type of social engineering scam, in which the identity of a person or company or entity is impersonated through one phone call in order to obtain sensitive information from the victim.

Malware: This refers to malicious software that installs itself on victims' devices without their consent, with the objective of stealing information, controlling the device, or extorting the victim.

Although cyber frauds are currently being investigated and penalized, the absence of a specific regulatory framework creates various difficulties: (27,28,29)

Imprecise legal classification: Existing criminal offenses do not always align perfectly with new forms of cyber fraud, which hinders their effective application.

Insufficient penalties: The penalties prescribed for cyber fraud are often lenient relative to the severity of the damage they can cause.

Lack of specialization: Many judicial departments lack a specialized body of investigators and judges for cybercrime, which can affect the quality of investigations and trials.

The analysis carried out made it possible to show that cyber scams were among the principal challenges of the XXI century in legal and social matters. The growing digitalization of everyday activities increased the opportunities for the commission of computer crimes, whose economic and personal impacts became increasingly significant. Although Argentina had legislative advances, such as Law 26.388 and its accession to the Budapest Convention, it was observed that the current regulations failed to fully encompass the complexity and diversity of the new criminal modalities.

Likewise, the lack of specific legal classification, insufficient sanctions, and limited training of judicial officials hindered the effective criminal prosecution of cybercriminals. Given this scenario, updating the legal framework, creating specialized cybercrime units, and promoting public policies aimed at prevention and digital education were considered indispensable.

In short, the study concluded that combating cyber fraud requires a comprehensive, interdisciplinary, and coordinated approach among the State, private institutions, and civil society. Only through the combination of modern legislation, international cooperation, and citizen awareness will it be possible to effectively confront this constantly evolving criminal phenomenon.