Cybercrime: Digital Cops in a Networked Environment (Ex Machina: Law, Technology, and Society)
Format: PDF / Kindle (mobi) / ePub
The Internet has dramatically altered the landscape of crime and national security, creating new threats, such as identity theft, computer viruses, and cyberattacks. Moreover, because cybercrimes are often not limited to a single site or nation, crime scenes themselves have changed. Consequently, law enforcement must confront these new dangers and embrace novel methods of prevention, as well as produce new tools for digital surveillance—which can jeopardize privacy and civil liberties.
Cybercrime brings together leading experts in law, criminal justice, and security studies to describe crime prevention and security protection in the electronic age. Ranging from new government requirements that facilitate spying to new methods of digital proof, the book is essential to understand how criminal law—and even crime itself—have been transformed in our networked world.
Contributors: Jack M. Balkin, Susan W. Brenner, Daniel E. Geer, Jr., James Grimmelmann, Emily Hancock, Beryl A. Howell, Curtis E.A. Karnow, Eddan Katz, Orin S. Kerr, Nimrod Kozlovski, Helen Nissenbaum, Kim A. Taipale, Lee Tien, Shlomit Wagman, and Tal Zarsky.
one-to-one and many-tomany interactive communication, as well as one-to-many broadcast communication. Even prior to the attacks of September 11, 2001, the media played up government worries over the dangerous potential of the Net. In February 2001, for example, USA Today published a widely cited article claiming that government officials feared Al-Qaeda was using steganography, a cryptographic method for concealing secret information within another message or digital image, to convey instructions
abatement. Abatement includes “removing . . . or . . . destroying the thing which constitutes the nuisance” as long as there is no “breach of the peace” or “unnecessary injury.”13 For example, one can break down doors, smash locks, or tear down a fence if it is reasonably necessary to abate the nuisance (and if the other elements discussed below are met). “Breach of the peace” is an elastic notion, usually connoting actual or threatened violence or disturbance, sometimes bad language, public
nudity, demonstrations peaceful and otherwise; and so on. I read the abatement statutes in their traditional context, where one might enter the 146 c u r t i s e . a . k a r n o w property of another to turn off water, put out a fire, or remove smelly detritus. Forswearing a “breach of the peace” suggests such entry without causing a noticeable fuss or threatening force. Assuming an accurate counterstrike, the “no breach of the peace” condition should not interfere with the use of nuisance
Technological Society (1964); Neil Postman, Technopoly: The Surrender of Culture to Technology (1993); Technology, Pessimism, and Postmodernism (Yaron Ezrahi et al. eds. 1994). 13. See, e.g., Heather Mac Donald, What We Don’t Know Can Hurt Us, 14 City Journal (Spring 2004). 14. See Robert C. Post, Three Concepts of Privacy, 89 Geo. L.J. 2087, 2087 (2001); Judith Jarvis Thomson, The Right to Privacy, 4 Phil. & Pub. Aff. 295–314 (1975). 15. See Taipale, supra note 3, at 49–58 (for an overview of
of designing wiretap capabilities to their ratebase. As a result, law enforcement in the early 1990s (and even today) faced challenges because of insufficient technical expertise and funds to adapt to the new technologies. Law enforcement also had to compete with the other demands placed on carriers by their customers—demands for reliable and inexpensive service with all the available bells and whistles. 184 CALEA: Does One Size Still Fit All? 185 So while technology was making electronic