Category Archives: Secrecy

cybercrime

Deterring Financially Motivated Cybercrime

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.

Foreign Intelligence Surveillance

Trends & Predictions in Foreign Intelligence Surveillance: The FAA & Beyond

David Kris examines recent developments in foreign intelligence surveillance, including the impact of the Snowden leaks and the rise of the Islamic State of Iraq and the Levant on public and political attitudes towards electronic surveillance. In light of these developments, Kris presents several issues that he expects will surface as the 2017 expiration date of the Foreign Intelligence Surveillance Act (FISA) Amendments Act (FAA) draws near. He also addresses the longer-term impacts that other political and technological developments will have on foreign surveillance.

Fourth Amendment

Rethinking Privacy: Fourth Amendment “Papers” and the Third-Party Doctrine

As the field of privacy and digital surveillance grows increasingly chaotic, Michael Price proposes a compelling supplement to the third-party doctrine. Eschewing the popular position that our privacy clashes are generational, Price instead reviews the history of Fourth Amendment jurisprudence to identify missteps in doctrine that have led us to the current impossible position. Along the way he wrestles with problems such as cloud storage and communications metadata, and he concludes with a framework that strikes a new balance between our storied civil liberties heritage and the “papers” of a big data society.