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 “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.
In his essay on domestic surveillance, Philip Heymann explores the ways in which technological advancements have changed expectations of privacy and the legal protections against government intrusion. He outlines current constitutional and other legal protections, including evolving limitations on government activity that could be considered not a “search” under the Fourth Amendment. Heymann concludes with predictions about the future balance between citizens’ demands for privacy and the government need for information.