Category Archives: CyberCrime

Where to Prosecute Cybercrimes

By: Jacob T. Wall Selecting the appropriate venue for a criminal trial has been a matter of constitutional concern since the founding of the country. The issue is thought to be essential to the fair administration of justice and thus … Continue reading

Posted in CyberCrime | Tagged

Hacking the Internet of Things: Vulnerabilities, Dangers, and Legal Responses

By: Sara Sun Beale and Peter Berris The Internet of Things (IoT) is here and growing rapidly as consumers eagerly adopt internet-enabled devices for their utility, features, and convenience. But this dramatic expansion also exacerbates two underlying dangers in the … Continue reading

Posted in CyberCrime | Tagged

Law Firm Cybersecurity: The State of Preventative and Remedial Regulation Governing Data Breaches in the Legal Profession

By: Madelyn Tarr With the looming threat of the next hacking scandal, data protection efforts in law firms are becoming increasingly crucial in maintaining client confidentiality. This paper addresses ethical and legal issues arising with data storage and privacy in … Continue reading

Posted in CyberCrime, Media & Communications | Tagged

ICRC, NATO and the U.S. – Direct Participation in Hacktivities – Targeting Private Contractors and Civilians in Cyberspace Under International Humanitarian Law

By: Ido Kilovaty Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a … Continue reading

Posted in CyberCrime, International

Making PayPal Pay: Regulation E and its Application to Alternative Payment Services

By: Eric Pacifici In light of the growth of data breaches in both occurrence and scale, it is more important than ever for consumers to be aware of the protections afforded to them under the law regarding electronic fund transfers … Continue reading

Posted in CyberCrime

Disloyal Computer Use and the Computer Fraud and Abuse Act: Narrowing the Scope

By: Greg Pollaro Congress drafted the Computer Fraud and Abuse Act (CFAA) to protect government interest computers from malicious attacks by hackers. As computer use has expanded in the years since its enactment, the CFAA has similarly expanded to cover … Continue reading

Posted in CyberCrime

Substantially Justified? The U.S. Government’s Use of Name-Check Technologies in Naturalization Procedures

By: H. Jin Cho The U.S. Citizenship and Immigration Services relies upon the Federal Bureau of Investigation to administer the National Name Check Program, which conducts background checks on applicants for naturalization. Backlogs have led to long delays for aspiring … Continue reading

Posted in CyberCrime

Cyber Warfare and the Crime of Aggression: The Need for Individual Accountability on Tomorrow’s Battlefield

By: Jonathan A. Ophardt As cyberspace matures, the international system faces a new challenge in confronting the use of force. Non-State actors continue to grow in importance, gaining the skill and the expertise necessary to wage asymmetric warfare using non-traditional … Continue reading

Posted in CyberCrime

New Jersey’s Adult Internet Luring Statute: An Appropriate Next Step?

By: John W. Lomas Jr. New Jersey recently enacted legislation prohibiting the use of the Internet to lure or entice someone to a location with the purpose of committing a crime with or against that person or some other person. … Continue reading

Posted in CyberCrime

The Dormant Commerce Clause and State Regulation of the Internet: Are Laws Protecting Minors From Sexual Predators Constitutionally Different Than Those Protecting Minors From Sexually Explicit Materials?

By: Chin Pann Several states have enacted statutes to protect minors from harmful or obscene materials disseminated over the Internet, as well as from pedophiles seeking to use the Internet to lure them into sexual conduct. State and federal courts … Continue reading

Posted in CyberCrime

Plugging the “Phishing” Hole: Legislation Versus Technology

By: Robert Louis B. Stevenson This iBrief analyzes the Anti-Phishing Act of 2005, legislation aimed at curbing the problem of “phishing.” Phishing is the sending of fraudulent emails which appear to be from legitimate businesses and thereby fooling the recipients … Continue reading

Posted in CyberCrime

Is I-Voting I-Llegal?

By: Brett Stohs The Voting Rights Act was passed to prevent racial discrimination in all voting booths. Does the existence of a racial digital divide make Internet elections for public office merely a computer geek’s pipe dream? Or can i-voting … Continue reading

Posted in CyberCrime

Vigilantes v. Pirates: The Rumble Over Peer-To-Peer Technology Hits the House Floor

By: Christopher Fazekas Content providers are using the digital rights management technology contained in this product to protect the integrity of their content (“Secure Content”) so that their intellectual property, including copyright, in such content is not misappropriated… if you … Continue reading

Posted in CyberCrime

Protecting the Homeland by Exemption: Why the Critical Infrastructure Information Act of 2002 Will Degrade the Freedom of Information Act

By: Brett Stohs To protect against “cyberterror,” the House version of the Homeland Security Act exempts information related to the nation’s critical infrastructure from the Freedom of Information Act disclosure requirements. The proposed exemption unnecessarily threatens public access to vital … Continue reading

Posted in CyberCrime

Closed Circuit Television for Inside Your Head: Blanket Traffic Data Retention and the Emergency Anti-Terrorism Legislation

By: Caspar Bowden Caspar Bowden, Director of the Foundation for Information Policy Research (FIPR), explains the technical and legal context of unprecedented new surveillance capabilities, with particular reference to the UK’s Regulation of Investigatory Powers (RIP) Act 2000. He discusses … Continue reading

Posted in CyberCrime

Cracking the Code to Privacy: How Far Can the FBI Go?

By: Angela Murphy As the Nation continues to deal with the fallout of the events of September 11th, it must continue to decide what limits on privacy will be sacrificed in order to allow the government to tighten its security … Continue reading

Posted in CyberCrime

Policing Online Pharmacies: Bioterrorism Meets the War on Drugs

By: Mark Sweet In light of the recent terrorists attacks and the increasing threat of bioterrorism, many U.S. citizens have turned to the Internet in an attempt to gather the supplies needed to protect them and their loved ones. Central … Continue reading

Posted in CyberCrime

Liberty for Security

By: Morgan Streetman On 11 September 2001, we collectively endured the worst tragedy to touch American soil since the Civil War. In the wake of this horrible event, a national hysteria erupted. People are anxious to restore the lost security; … Continue reading

Posted in CyberCrime

Carnivore: Will It Devour Your Privacy?

By: Joseph Goodman, Angela Murphy, Morgan Streetman & Mark Sweet Perhaps you have written an e-mail that looks something like this: Download Full Article (PDF) Cite: 2001 Duke L. & Tech. Rev. 0028

Posted in CyberCrime

Virtual Las Vegas: Regulate or Prohibit?

By: Cara Franklin With online gambling becoming increasingly accessible and popular, state and federal politicians are asking themselves how to make the prohibition on online gambling effective. Nevertheless, questions still linger as to whether outright prohibition is truly the right … Continue reading

Posted in CyberCrime

Can You Yahoo!? The Internet’s Digital Fences

By: Brendon Fowler, Cara Franklin & Bob Hyde The Yahoo! auction case illustrates the problems inherent in the lack of a common Internet jurisdictional structure. This iBrief argues that the application of local law allowed France to win a victory … Continue reading

Posted in CyberCrime

Internet Securities Fraud: Old Trick, New Medium

By: Brendon Fowler, Cara Franklin & Robert Hyde Billions of securities are traded every day in public and private markets around the world. This practice is hundreds of years old and as long as securities have been traded, someone has … Continue reading

Posted in CyberCrime