Journal of Criminal Law and Criminology articles from January 2007

Journal of Criminal Law and Criminology archives from January 2007

"At light speed": attribution and response to cybercrime/terrorism/warfare.
January 1, 2007... I. INTRODUCTION The speed and anonymity of cyber attacks makes distinguishing among the actions of terrorists, criminals, and nation states difficult....(1) In October 2006, a "sensitive Commerce Department bureau"--the...

Reasonable expectations of privacy and novel search technologies: an economic approach.
January 1, 2007... I. INTRODUCTION In both the United States and Canada, the reasonable expectation of privacy test defines the scope of constitutional protection from governmental privacy intrusions. When a court decides that a person has no reasonable...

Why 2007 is not like 1984: a broader perspective on technology's effect on privacy and Fourth Amendment jurisprudence.
January 1, 2007... I. INTRODUCTION The telescreen received and transmitted simultaneously. Any sound that Winston made, above the level of a very low whisper, would be picked up by it; moreover, so long as he remained within the field of...

Criminal discovery of Internet communications under the Stored Communications Act: it's not a level playing field.
January 1, 2007... I. INTRODUCTION In the nearly twenty-one years since the Stored Communications Act (SCA) was added to Title 18 of the United States Code, online service providers of many different stripes have received tens of thousands of requests for...

Comment: virtual neighborhood watch: open source software and community policing against cybercrime.
January 1, 2007... I. INTRODUCTION One of the few constants of the Internet age is the recognition that technology and the law are not always the best dance partners. (1) From the effect of Internet file-sharing technologies on copyright law (2) to the...

Playing by all the rules: how to define and provide a "prior opportunity for cross-examination" in child sexual abuse cases after Crawford v. Washington.
January 1, 2007... I. INTRODUCTION In all criminal prosecutions, the accused shall enjoy the right... to be confronted with the witnesses against him.... (1) [A] State's interest in the physical and psychological well-being of child abuse...

Proven guilty: an examination of the penalty-free world of post-conviction DNA testing.
January 1, 2007... I. INTRODUCTION The fairy tale-like story of the innocent man wrongly accused and convicted of a crime, later freed through post-conviction DNA testing, is told every week in magazines, newspaper comments, television shows, and radio...