Advancing Accurate & Objective Cybercrime Metrics

Cybercrime has increased dramatically in this century. Although there is broad academic consensus that a dearth of official data on crimes committed in cyberspace hampers cybercrime enforcement efforts, even the most affluent nations have not yet managed to systematically catalogue cybercrime statistics.

Through a detailed analysis of efforts to keep track of this ever-evolving area of the law, Stephen Cobb outlines a future strategy that builds on the existing machinery of crime measurement and applies it at the national, regional, and international level.

At a time when cyberthreats are escalating, Cobb sheds light on historical and contemporary examples of successful monitoring efforts to show that committing to closing the cybercrime metrics gap is critical to crime deterrence efforts everywhere.

Shaking the Rust Off the Comprehensive Nuclear-Test-Ban Treaty Ratification Process

This article provides an analysis of the benefits a Comprehensive Test-Ban Treaty and its ratification process would have on international norms, order, and the prosperity of all States involved. In a comprehensive call to action, Matsick recommends an insightful four-sided bargain by four of the largest nuclear powers that would suppress strategic fears and argues that this bargain might be more politically feasible than once believed.

The aftermath of the Second World War and the ensuing nuclear arms race that followed in the Cold War has had an array of impacts throughout the globe and on the international system.

Nuclear nonproliferation and non-testing norms were the expected solution to quash many of those same impacts from bleeding into the future. Rob Matsick focuses the reader on myriad recent developments that have put these norms under siege, and the need for a comprehensive treaty on nuclear testing to resolutely affirm and strengthen the existing legal regime.

Defining the Scope of “Possession, Custody, or Control” for Privacy Issues and the CLOUD Act

With a growing number of US companies storing their electronic data across country lines, US law enforcement agencies are left with the difficult task of trying to access electronic evidence stored outside of their physical jurisdictions.

In response, Congress passed the Clarifying Lawful Overseas Use of Data Act (Cloud Act) in 2018 to provide the US government with the power to order the production of electronic evidence that is stored outside of the US if it is within a US company’s “possession, custody, or control.”

However, the Cloud Act does not define what constitutes the “possession, custody, or control” of electronic evidence, raising concerns about the scope of US authority under the Act. Through their examination of existing domestic and international jurisprudence interpreting these terms in other legal contexts, Hemmings, Srinivasan, and Swire outline the key factors courts should balance in analyzing this pivotal phrase.

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