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.\...
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.
Introduction Jack M. Balkin Nimrod Kozlovski 1The New Crime Scene: The Digital Networked EnvironmentThe Physics of Digital Law: Searching for Counterintuitive Analogies Daniel E. Geer, Jr. 13Architectural Regulation and the Evolution of Social Norms Lee Tien 37Where Computer Security Meets National Security Helen Nissenbaum 59New Crimes: Virtual Crimes of the Information AgeReal-World Problems of Virtual Crime Beryl A. Howell 87New Cops: Rethinking Law Enforcement in a Digital AgeDesigning Accountable Online Policing Nimrod Kozlovski 107Counterstrike Curtis E. A. Karnow 135New Tools for Law Enforcement: Design, Technology, Control, Data Mining, and SurveillanceWhy Can't We All Get Along? How Technology, Security, and Privacy Can Coexist in the Digital Age Kim A. Taipale 151CALEA: Does One Size Still Fit All? Emily Hancock 184New Procedures: E-Prosecution, E-Jurisdiction, and E-PunishmentThe Council of Europe's Convention on Cybercrime Susan W. Brenner 207Digital Evidence and the New Criminal Procedure Orin S. Kerr 221About the Contributors 247Acknowledgments 253Index 255
\ From the Publisher“When a crime scene is in cyberspace, forget the yellow tape. Boundaries, along with evidence and procedure, need to be re-envisioned. Or, as Daniel E. Geer Jr. puts it: ‘Digital law is and must be counterintuitive’ because our intuitions about the physical world can be misleading when applied to the digital realm. Mr. Geer’s essay on the 'physics of digital law' is a fitting start to Cybercrime: Digital Cops in a Networked Environment, a collection of writings assembled by the Information Society Project, at Yale Law School.”\ -The Chronicle of Higher Education\ ,\ “The collection provides an interesting and insightful exploration of the digital environment in which cybercrimes take place and the conditions that affect their regulation. . . . A book that criminologists should read because there is much to be learned from it. . . . A good scholarly piece of work by heavyweight contributors who both individually and collectively make substantial contributions to the cybercrime debate.”\ -Surveillance & Society\ ,\ “Cybercrime is written by the leading academic experts and government officials who team together to present a state-of-the-art vision for how to detect and prevent digital crime, creating the blueprint for how to police the dangerous back alleys of the global Internet.”\ -Peter P. Swire,C. William O'Neill Professor of Law, the Ohio State University, and former Chief Counselor for Privacy, U.S. Office of Management and Budget\ “A timely and important collection of materials from highly qualified authors. Cybercrime will provide a wealth of new insights both for general readers and for those who study and teach about the legal and policy implications of the internet.”\ -David Johnson,Visiting Professor of Law, New York Law School\ \ \