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Cybercrime: Digital Cops in a Networked Environment

Jack M. Balkin
James Grimmelmann
Eddan Katz
Nimrod Kozlovski
Shlomit Wagman
Tal Zarsky
Copyright Date: 2007
Published by: NYU Press
Pages: 268
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  • Book Info
    Book Description:

    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.

    eISBN: 978-0-8147-3933-4
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-vi)
  2. Table of Contents
    (pp. vii-viii)
  3. 1 Introduction
    (pp. 1-10)
    Jack M. Balkin and Nimrod Kozlovski

    As more aspects of our life move to digital networks, crime comes with them. Our lives increasingly depend on the Internet and digital networks, but these create new vulnerabilities and new ways for criminals to exploit the digital environment. Not only can many existing crimes be replicated in online environments, but novel crimes that exploit specific features of digital networks have emerged as well. With new crimes come new forms of policing and new forms of surveillance, and with these come new dangers for civil liberties. These issues are the subject of the present book.

    The shift to digital environments...

  4. PART I The New Crime Scene:: The Digital Networked Environment

    • 2 The Physics of Digital Law: Searching for Counterintuitive Analogies
      (pp. 13-36)
      Daniel E. Geer Jr.

      “Digital law” is and must be counterintuitive—an intuitive understanding of sticks and stones does not translate to digital worlds. Because our intuition about the digital sphere can so easily be wrong we need to substitute solid facts for faulty intuition. It is said that the practice of law is a search for analogies, so law is most susceptible to mistakes when the digital reality differs from our commonsense intuitions about the physical world. In this chapter, I use the neologism—“digital physics”—to describe the important features of digital spaces and the parameters they set on computer security. Some...

    • 3 Architectural Regulation and the Evolution of Social Norms
      (pp. 37-58)
      Lee Tien

      We normally think of law in terms of textual rules. The ubiquity and malleability of computer software, however, has led scholars to coin and popularize another concept, that of architectural regulation.¹ Scholars like Joel Reidenberg and Larry Lessig argue that software, or computer “code,” regulates human action as do codes of law, especially in network environments.² As Lessig puts it, software “constrain[s] some behavior (for example, electronic eavesdropping) by making other behavior possible (encryption).”³

      Code and law regulate behavior in different ways, however. While law typically regulates behavior after the fact, code or architecture regulates “more directly,” as “present constraints.”⁴...

    • 4 Where Computer Security Meets National Security
      (pp. 59-84)
      Helen Nissenbaum

      Over the course of the past decade, the mandate of computer security has grown in complexity and seriousness as information technologies have saturated society and, simultaneously, the threats have multiplied in number and sophistication.¹ Although widely publicized attacks such as denials-of-service, viruses, worms, and unauthorized break-ins create the impression that the work of computer security specialists is clear-cut, this chapter holds that the broad purpose of computer security, in fact, is ambiguous. At least two prominent conceptions of security vie for the attention and resources of experts, policy makers, and public opinion. One, focusing on individual systems and networks, has...

  5. PART II New Crimes:: Virtual Crimes of the Information Age

    • 5 Real-World Problems of Virtual Crime
      (pp. 87-104)
      Beryl A. Howell

      Theoretical debates about how best to address cybercrime have their place but, in the real world, companies and individuals are facing new harmful criminal activity that poses unique technical and investigatory challenges. There is nothing virtual about the real damage online crime can inflict offline to victims. At the same time, technology is inviting uses that may result in significant, though sometimes inadvertent, criminal and civil liability. The law is not always crystal clear about whether specific conduct is a crime and about which tools investigators may use to collect evidence identifying the scope of the criminal activity and the...

  6. PART III New Cops:: Rethinking Law Enforcement in a Digital Age

    • 6 Designing Accountable Online Policing
      (pp. 107-134)
      Nimrod Kozlovski

      The transition to an information society increases dependence on communication and computation infrastructure. While the new online environment introduces great opportunities for contemporary society, it also creates unforeseen vulnerabilities and changes the types of risks we face. Our information infrastructure was designed with a particular sense of security—ensuring the survivability of the network—but has limited built-in guarantees for confidentiality and integrity of information or assurances of services’ availability. Most legal systems have amended their laws to criminalize attacks against availability, confidentiality, or integrity of information systems (which I will refer to collectively as “computer crimes”) and shaped their...

    • 7 Counterstrike
      (pp. 135-148)
      Curtis E. A. Karnow

      The Internet is a vehicle for a variety of threats, and the usual physical means of defense usually do not work. Physical locks and walls do not bar attacks. Tracking evildoers with fingerprints, eyewitness accounts, or blood samples and DNA tracing is obviously ineffective. Digital attackers often have the technological edge and seem always to be just ahead of law enforcement and technical defenses such as spam filters, firewalls, and antipiracy technologies.

      Against this background, there has been a growing interest in “self-help” mechanisms to counter Internet-mediated threats.

      For example, content providers such as record labels and movie studios have...

  7. PART IV New Tools for Law Enforcement:: Design, Technology, Control, Data Mining, and Surveillance

    • 8 Why Can’t We All Get Along? How Technology, Security, and Privacy Can Coexist in the Digital Age
      (pp. 151-183)
      Kim A. Taipale

      The public debate that pits security and privacy as dichotomous rivals to be traded one for another in a zero-sum game is based on a general misunderstanding and apprehension of technology on the one hand, and a mythology of privacy that conflates secrecy with autonomy on the other. Further, political strategies premised on outlawing particular technologies or techniques or that seek to constrain technology through laws alone are doomed ultimately to failure and will result in little security and brittle privacy protection.

      Security and privacy are not a balancing act but rather dual obligations of a liberal democracy¹ that present...

    • 9 CALEA: Does One Size Still Fit All?
      (pp. 184-204)
      Emily Hancock

      Few would disagree with the argument that lawfully authorized surveillance is vitally important to combating crime and ensuring national security. Just over ten years ago, Congress gave law enforcement authorities a tool to help ensure their ability to conduct surveillance, while also maintaining the privacy of communications in a world of rapidly advancing technology. The Communications Assistance for Law Enforcement Act (CALEA)¹ was enacted in October 1994 as a measure that Congress intended would “preserve the government’s ability [pursuant to lawful authority] to intercept communications involving advanced technologies such as digital or wireless transmission modes, or features and services such...

  8. PART V New Procedures:: E-Prosecution, E-Jurisdiction, and E-Punishment

    • 10 The Council of Europe’s Convention on Cybercrime
      (pp. 207-220)
      Susan W. Brenner

      On November 23, 2001, the Convention on Cybercrime was opened for signature in Budapest.¹ The Convention was developed to address what is perhaps the distinguishing characteristic of cybercrime: its ability to transcend national boundaries and, in so doing, to elude the grasp of local law enforcement.

      The Convention is the culmination of efforts that began decades ago, when it became apparent that computer technology could be used to engage in various types of undesirable activity. Some of this activity took the form of traditional crime; computers were, and are, used to facilitate the commission of such conventional crimes as theft,...

    • 11 Digital Evidence and the New Criminal Procedure
      (pp. 221-246)
      Orin S. Kerr

      The use of computers in criminal activity has popularized a new form of evidence: digital evidence, and should trigger new rules of criminal procedure because computer-related crimes feature new facts that will demand new law. The law of criminal procedure has evolved to regulate the mechanisms common to the investigation of physical crimes, namely, the collection of physical evidence and eyewitness testimony. Existing law is naturally tailored to law enforcement needs and the privacy threats they raise. Digital evidence is collected differently from eyewitness testimony or physical evidence. The new ways of collecting evidence are so different that the rules...

  9. About the Contributors
    (pp. 247-252)
  10. Acknowledgments
    (pp. 253-254)
  11. Index
    (pp. 255-268)