UNIT 06:
International Aspects and Jurisdiction

Cybercrime, Cyberterrorism, and Digital Law Enforcement
NYLS CRI150 SPRING 2009
Professor K. A. Taipale (bio) (contact)

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Jump Menu: Select Class Unit Unit 00: Course Abstract/Home Page Unit 01: Overview: What is Cybercrime? Unit 02: Computer Intusion and Attack (Unauthorized Access) Unit 03: Computer Viruses, Time Bombs, Trojans, Malicious Code (Malware) Unit 04: Online Fraud and Identity Theft, Intellectual Proerty Theft; Virtual Crime Unit 05: Online Vice: Gambling; Pornography; Child Exploitation Unit 06: International Aspects and Jurisdiction Unit 07: Infrastructure and Information Security; Risk Management Unit 08: Investigating Cybercrime: Digital Evidence and Computer Forensics Unit 09: Interception, Search and Seizure, and Surveillance Unit 10: Information Warfare, Cyberterrorism, and Hacktivism Unit 11: Terrorism, Radicalization, and The War of Ideas Unit 12: Trade Secret Theft and Economic Espionage Unit 13: National Security Unit 14: Case Study: CALEA, VoIP ---------- Research Paper Information Useful Links for Defining Technical Terms Course SUBTEXT

UNIT 06:
International Aspects and Jurisdiction

PONDERABLES:

The emergence of a global information society facilitates and enhances opportunities for transnational cyber- and other crime. The divergence between global information flows and nation-state regulatory jurisdiction leads to "regulatory arbitrage" where inconsistent and incompatible regulatory regimes result in "flag of convenience" forum shopping that can lead to the lowest- (in the case of crime) or highest- (in the case of government control over civil liberties) common denominator regime asserting jurisdiction. Where does cybercrime take place and who can or should have jurisdiction? How can cybercrime across jurisdictional lines be prevented, controlled, mitigated, or responded to?

The cross-jurisdictional nature of computer network activity facilitates and shields criminals but complicates both prosecution and investigation of cybercrime.

REQUIRED READING:

CASEBOOK: David J. Loundy, COMPUTER CRIME, INFORMATION WARFARE, AND ECONOMIC ESPIONAGE, Carolina Academic Press (2003) (ISBN:0890891109):

Chapter 17, International Aspects of Computer Crime, pp. 685-736 (Susan W. Brenner, Transnational Evidence Gathering).

Russel Smith, "Investigating Cybercrime: barriers and solutions," Australian Institute of Criminology (Sep. 11, 2003).

Susan W. Brenner, "The Council of Europe's Convention on Cybercrime," pp.207-220 in Cybercrime, (Jack Balkin, et al. eds., NYU Press 2007).

Council of Europe (CoE) Convention on Cybercrime (ETS No.-185, Nov. 2001).

Council of Europe, Additional Protocol to the Convention on cybercrime, concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (ETS No. 189, Jan. 2003).

Council of Europe Convention on Cybercrime, Frequently Asked Questions and Answers, US DOJ CCIPS (Update as of Nov. 10, 2003).

Fact Sheet, "Council of Europe Convention on Cybercrime," U.S. Dept. of State (Sep. 29, 2006).

Declan McCullagh, "Senate ratifies controversial cybercrime treaty," CNET News (Aug. 4, 2006).

"U.S. Becomes Party to Council of Europe Convention on Cybercrime," BeSpacific (Sep. 29, 2006).

ADDITIONAL READING:

Tom Zeller, Jr. "LINK BY LINK; Countless Dens of Uncatchable Thieves," N.Y. Times (Apr. 3, 2006) (In the transnational, Internet-driven market for stolen financial and consumer data, some thieves are simply easier to nab than others. And while Russians and Eastern Europeans have become the top bananas in the stolen data trade, the English-speaking -- particularly American -- players are really the lowest-hanging fruit.).

CASSELL BRYAN-LOW, "How Legal Codes Can Hinder Hacker Cases: Prosecutions of Virus Writers Find Complex Issues, Soft Penalties -- but Laws May Stiffen," Wall Street Journal (Jan. 17, 2007) ("The problems [in trying hacker cases] lie in both building cases and securing stiff sentences, say legal and security experts. Prosecutors can have a hard time explaining the complex crimes to the courts. It often is difficult for law enforcers to quantify the damage caused by a virus that infects computer networks. And judges often hand down light sentences to the culprits, who typically are young, first-time offenders, among other factors.").

Nick Heath, "Fraud abroad remains 'uphill battle' for eBay," CNET News.com (Mar. 11, 2008) ("eBay is decrying the lack of interest in cybercrime by authorities in countries such as Romania, Russia, and China.")

U.S. Dept. of Justice, Computer Crime Guidance.

OPTIONAL READING:

Susan W. Brenner and Bert-Jaap Koops, Approaches to Cybercrime Jurisdiction, 4 J. of High Tech. L. 1 (2004).

OPTIONAL BACKGROUND READING:

Jack Goldsmith & Tim Wu, WHO CONTROLS THE INTERNET: Illusions of a Boderless World (Oxford 2006) (ISBN:0195152662).

James A. Lewis, CYBERSECURITY (CSIS 2003) (ISBN:0892064269).

Registered Students login to NYLS Portal for updated Reading Assignments.

Jump Menu: Select Class Unit Unit 00: Course Abstract/Home Page Unit 01: Overview: What is Cybercrime? Unit 02: Computer Intusion and Attack (Unauthorized Access) Unit 03: Computer Viruses, Time Bombs, Trojans, Malicious Code (Malware) Unit 04: Online Fraud and Identity Theft, Intellectual Proerty Theft; Virtual Crime Unit 05: Online Vice: Gambling; Pornography; Child Exploitation Unit 06: International Aspects and Jurisdiction Unit 07: Infrastructure and Information Security; Risk Management Unit 08: Investigating Cybercrime: Digital Evidence and Computer Forensics Unit 09: Interception, Search and Seizure, and Surveillance Unit 10: Information Warfare, Cyberterrorism, and Hacktivism Unit 11: Terrorism, Radicalization, and The War of Ideas Unit 12: Trade Secret Theft and Economic Espionage Unit 13: National Security Unit 14: Case Study: CALEA, VoIP ---------- Research Paper Information Useful Links for Defining Technical Terms Course Subtext

Course Outline/Class Units

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1. Overview, What is Cybercrime?
2. Computer Intrusions and Attacks (Unauthorized Access)
3. Computer Viruses, Time Bombs, Trojans, Malicious Code (Malware)
4. Online Fraud and Identity Theft; Intellectual Property Theft; Virtual Crime
5. Online Vice: Gambling; Pornography; Child Exploitation
6. International Aspects and Jurisdiction
7. Infrastructure and Information Security; Risk Management
8. Investigating Cybercrime: Digital Evidence and Computer Forensics
9. Interception, Search and Seizure, and Surveillance
10. Information Warfare, Cyberterrorism, and Hacktivism
11. Terrorism, Radicalization, and The War of Ideas
12. Trade Secret Theft and Economic Espionage
13. National Security
14. Case Study: CALEA, VoIP

Course Information

1. PAPER RESEARCH
2. USEFUL LINKS FOR DEFINING TECHNICAL TERMS
3. COURSE SUBTEXT AND OPTIONAL BACKGROUND MATERIAL

Registered Students login to NYLS Portal for updated Reading Assignments.