While the barrage of cyberattacks around the world continues to increase, the lack of effective global cybercrime enforcement has allowed cybercriminals to operate with near impunity.
Although there have been a number of efforts to increase international cooperation on cybercrime enforcement, many of these efforts have been hindered due to the lack of capacity building among countries to provide criminal justice actors with the ability to implement and enforce these instruments.
Through an in-depth examination of the global developments in cybercrime and the major challenges to international cooperation among countries, Amy Jordan and Allison Peters provide a variety of recommendations aimed at overcoming the barriers in capacity building among nation states in order to close the global cyber enforcement gap.
Through a detailed analysis of the ways state and local government can improve their cybercrime enforcement to account for gaps in the federal system, Maggie Brunner outlines a future strategy where local governments are at the forefront of bringing cyber perpetrators to justice.
Brunner provides a clear, well-lit path for state and local governments to take on the enforcement mantle, treating cybercrime just like any other form of crime so that law enforcement can have the tools necessary at every level to prevent crimes before they take place.
Cybercrime has grown exponentially in the United States over the last few decades, operating in the shadows with significant impunity. As the complexity of crimes in the cyberspace continues to evolve, the United States must consider a whole-of-government approach in order to build a robust cybercrime enforcement framework.
The exponential growth of cybercrimes continues to wreak havoc on governments, businesses, and individuals, and there has been progress in combating these crimes, even leading to near ubiquitous recognition of the cybercrime problem.
Eileen Decker focuses the reader on the lack of understanding of these disastrous crimes as derivative of a lack of collection and analysis of accurate and comprehensive data on the subject.
This article provides an analysis of the current cybercrime data collection programs, by calling attention to their successes while highlighting their critical weaknesses, gaps, and downfalls. The author then dives into the importance of cybercrime data collection and the impact that large scale data collection has while contrasting with the detrimental impacts of insufficient data collection.
In an imperative call to action, Decker recommends an expansive modernization of cybercrime data collection that focuses on efficiency and accuracy.
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.
The US government has always been keen on its ability to protect sensitive and classified information from its enemies, yet the majority of resources have focused on military and national security information, which has left other categories of information exposed.
Capt. Christopher Dearing focuses the reader on the national security implications of personal information and the detrimental impact it possesses. This article provides an analysis of current privacy law and the information landscape, while highlighting areas where the US government has failed to keep pace to protect personal information, providing a valuable target for adversaries.
In an expansive call for action, Capt. Dearing recommends eight concrete steps that the government can take to better protect and manage personal information while developing stronger procedures to identify threats and respond to them.