In “Deterring Financially Motivated Cybercrime,” Zachary K. Goldman and Damon McCoy present three strategies for deterring attacks that use malicious cyber capabilities to generate a profit. Each strategy—the imposition of financial sanctions, public/private partnerships to disrupt tools of cybercrime, and activities to disrupt payment networks run by criminals who sell fraudulent goods over the Internet—is analyzed for strengths and weaknesses. The authors conclude with a discussion of the ways in which regulatory tools to combat cybercrime can overcome problems with formulating a cohesive deterrent strategy such as secrecy and attribution.
Brown presents the nuances of cyberespionage versus cyberattacks that are becoming more pervasive in the national security context. He defines the differences between the two, and proposes a method of analyzing cyberspace operations to properly categorize them. Then, using an extended hypothetical and several real-life examples, Brown illustrates how dangerous cyber operations can be, and the need to properly define them so as to respond most effectively.
The cybersecurity risks to the nation’s critical infrastructure and key resources are significant and increasing every day. While a sound legal basis exists for the government to use computer intrusion detection technology to protect its own networks, critical infrastructure and key resources, primarily owned by the private sector, are governed by a different set of constitutional principles and laws. This article explores the potential for a new cybersecurity exception to the Fourth Amendment’s warrant and individualized suspicion requirements. By viewing cybersecurity through a protective Fourth Amendment lens, as opposed to a criminal, intelligence, or military lens, fairly well established legal frameworks from the physical world can be applied to cyberspace to enable the government to use technology to identify malicious digital codes that may be attacking the nation’s critical infrastructure and key resources without running afoul of the Fourth Amendment.
The article argues that reasonable and limited digital scans at virtual checkpoints in cyberspace, which are binary and do not initially expose the contents of the communications to human review, and “cyber-Terry stops,” are a constitutional and effective way to minimize the cybersecurity risks to the nation. The article proposes that Congress consider and enact sensible new legislation that will specifically enable the government to take remedial and other protective actions in cyberspace within the constitutional framework that has enabled this nation to prosper.