Cybercrime and the Law: Challenges, Issues, and Outcomes

UPNE
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The exponential increase in cybercrimes in the past decade has raised new issues and challenges for law and law enforcement. Based on case studies drawn from her work as a lawyer, Susan W. Brenner identifies a diverse range of cybercrimes, including crimes that target computers (viruses, worms, Trojan horse programs, malware and DDoS attacks) and crimes in which the computer itself is used as a tool (cyberstalking, cyberextortion, cybertheft, and embezzlement). Illuminating legal issues unique to investigations in a digital environment, Brenner examines both national law enforcement agencies and transnational crime, and shows how cyberspace erodes the functional and empirical differences that have long distinguished crime from terrorism and both from warfare.
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About the author

SUSAN W. BRENNER is NCR Distinguished Professor of Law & Technology, University of Dayton School of Law.
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Additional Information

Publisher
UPNE
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Published on
Dec 31, 2012
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Pages
263
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ISBN
9781555538002
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Language
English
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Genres
Computers / Security / General
Computers / Security / Viruses & Malware
Law / Computer & Internet
Law / Government / Federal
True Crime / White Collar Crime
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Content Protection
This content is DRM protected.
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Available on Android devices
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Eligible for Family Library

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Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of "stare decisis, "which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law.

By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems.

These services--lexis and westlaw-- are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as "law reporters." This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors.

This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers.

Top cybersecurity journalist Kim Zetter tells the story behind the virus that sabotaged Iran’s nuclear efforts and shows how its existence has ushered in a new age of warfare—one in which a digital attack can have the same destructive capability as a megaton bomb.
 
In January 2010, inspectors with the International Atomic Energy Agency noticed that centrifuges at an Iranian uranium enrichment plant were failing at an unprecedented rate. The cause was a complete mystery—apparently as much to the technicians replacing the centrifuges as to the inspectors observing them.
 
Then, five months later, a seemingly unrelated event occurred: A computer security firm in Belarus was called in to troubleshoot some computers in Iran that were crashing and rebooting repeatedly.
 
 At first, the firm’s programmers believed the malicious code on the machines was a simple, routine piece of malware. But as they and other experts around the world investigated, they discovered a mysterious virus of unparalleled complexity.
 
They had, they soon learned, stumbled upon the world’s first digital weapon. For Stuxnet, as it came to be known, was unlike any other virus or worm built before: Rather than simply hijacking targeted computers or stealing information from them, it escaped the digital realm to wreak actual, physical destruction on a nuclear facility. 
 
In these pages, Wired journalist Kim Zetter draws on her extensive sources and expertise to tell the story behind Stuxnet’s planning, execution, and discovery, covering its genesis in the corridors of Bush’s White House and its unleashing on systems in Iran—and telling the spectacular, unlikely tale of the security geeks who managed to unravel a sabotage campaign years in the making.
 
But Countdown to Zero Day ranges far beyond Stuxnet itself. Here, Zetter shows us how digital warfare developed in the US. She takes us inside today’s flourishing zero-day “grey markets,” in which intelligence agencies and militaries pay huge sums for the malicious code they need to carry out infiltrations and attacks. She reveals just how vulnerable many of our own critical systems are to Stuxnet-like strikes, from nation-state adversaries and anonymous hackers alike—and shows us just what might happen should our infrastructure be targeted by such an attack.
 
Propelled by Zetter’s unique knowledge and access, and filled with eye-opening explanations of the technologies involved, Countdown to Zero Day is a comprehensive and prescient portrait of a world at the edge of a new kind of war.
Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of "stare decisis, "which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law.

By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems.

These services--lexis and westlaw-- are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as "law reporters." This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors.

This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers.

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