The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: (1) substantive criminal law (i.e., the scope, structure, and limitations of the criminal laws that reach cyber-related crime); and (2) criminal procedure (i.e., the scope, structure, and limitations of the privacy laws and constitutional principles that regulate law enforcement investigations of cyber-related crime). Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as: jurisdictional issues (e.g., federal/state dynamics and international cooperation in collecting evidence); national security considerations (e.g., state-sponsored intrusions and IP theft, terrorists’ use of the internet, government surveillance); and encryption. We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. We will also examine threats that pose particularly difficult legal and policy challenges, such as foreign interference in U.S. elections and misinformation.
|Course Areas of Practice|
Research and/or analytical paper(s), 10-15 pages
Knowledge and understanding of substantive and procedural law