AI-Driven Cybercrime and Autonomous Malware: Technological Threats, Legal Challenges and the Need for a New Cybersecurity Framework

Abstract

rtificial intelligence (AI) is transforming the cyber threat landscape by enabling malware and cyber operations that are adaptive, autonomous and scalable in ways that traditional tools could not achieve. AI-driven cybercrime and autonomous malware can dynamically modify their behaviour, choose attack paths, and evade detection without continuous human supervision, thereby challenging existing technical defenses and legal frameworks that were designed around static code and human-controlled attacks. This paper argues that the convergence of AI and cybercrime requires a recalibration of international and domestic cybersecurity law, including clearer liability standards for AI-enabled offences, updated treaty frameworks, and the development of a risk-based, technology-neutral cybersecurity architecture capable of addressing autonomous threats.