Jennifer Daskal describes the challenges facing law enforcement access to data across borders and examines the legal and political issues at stake in formulating clear standards for cross-border access to data. Daskal also presents possible mechanisms for establishing a framework for law enforcement access to content and non-content data in foreign jurisdictions.
In this article, Clare Sullivan posits that the 2014 hack of Sony Pictures Entertainment (“Sony Hack”) heralds the arrival of a new form of modern warfare. She argues that the current state of international law is inadequate to deal with hacks like this one, which do not cause physical damage but which nonetheless result in serious economic harm and violations of privacy. In the author’s view, a new approach is needed to ensure that countries are permitted under international law to respond to and take countermeasures against such hacks.
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.