Cybercrime : digital cops in a networked environment by J. M. Balkin, Katz Eddan, James Grimmelmann, Nimrod

By J. M. Balkin, Katz Eddan, James Grimmelmann, Nimrod Kozlovski, Shlomit Wagman, Tal Zarsky

The web has dramatically altered the panorama of crime and nationwide defense, developing new threats, resembling id robbery, machine viruses, and cyberattacks. additionally, simply because cybercrimes are usually now not constrained to a unmarried website or state, crime scenes themselves have replaced. as a result, legislations enforcement needs to confront those new hazards and include novel tools of prevention, in addition to produce new instruments for electronic surveillance—which can jeopardize privateness and civil liberties.

Cybercrime brings jointly top specialists in legislation, legal justice, and safety reviews to explain crime prevention and defense security within the digital age. starting from new executive specifications that facilitate spying to new equipment of electronic evidence, the booklet is vital to appreciate how felony law—and even crime itself—have been remodeled 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.

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20 Architectural regulation is also enforced differently than sanctionbacked rules. It creates a present constraint on action: no human being or social institution need impose a cost after the fact. As Lessig puts it: “Think of the constraints blocking your access to the air-conditioned home of a neighbor who is gone for the weekend. Law constrains you—if you break in, you will be trespassing. Norms constrain you as well—it is unneighborly to break into your neighbor’s house. Both of these constraints, however, would be imposed on you after you broke into the house.

165, 175 & nn. 8, 9 (1969), which found that the expectation of privacy with respect to telephone calls did exist (and hence a warrant was required for their interception). Now that telephone service is moving away from regulated utilities with defined circuits to the simple “peer to peer” connections of two parties over the Internet, Congress has responded with “CALEA,” the Communications Assistance for Law Enforcement Act of 1994, Pub. L. No. 103-414, 108 Stat. 4279, defining the existing statutory obligation of telecommunications carriers to assist law enforcement in executing electronic surveillance pursuant to court order or other lawful authorization and requiring carriers to design or modify their systems to ensure that lawfully authorized electronic surveillance can be performed.

Trust is efficient because having to prove trustworthiness in each case is so inefficient. But trust can be dangerous as well. The problem is finding a balance between the inefficiency of not trusting enough and the danger of trusting too much. ” Such transitive relationships are usually quite open; that is why they work so well. Transitive trust occurs in the digital world as well, but it is often implicit and generally quite difficult to detect. Consider the travel website again. If you provide your credit number to the travel site, you may not even question whom the site gives that information to, and even if you do, you will not be able to independently evaluate the trustworthiness of these partners.

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