This book explores the extraordinary difficulties a nation-state’s law enforcement and military face in attempting to prevent cyber-attacks. In the wake of recent assaults including the denial of service attack on Estonia in 2007 and the widespread use of the Zeus Trojan Horse software, Susan W. Brenner explores how traditional categories and procedures inherent in law enforcement and military agencies can obstruct efforts to respond to cyberthreats. Brenner argues that the use of a territorially-based system of sovereignty to combat cyberthreats is ineffective, as cyberspace erodes the import of territory. This problem is compounded by the nature of cybercrime as a continually evolving phenomenon driven by rapid and complex technological change. Following an evaluation of the efficacy of the nation-state, the book goes on to explore how individuals and corporations could be integrated into a more decentralized, distributed system of cyberthreat control. Looking at initiatives in Estonia and Sweden which have attempted to incorporate civilians into their cyber-response efforts, Brenner suggests that civilian involvement may mediate the rigid hierarchies that exist among formal agencies and increase the flexibility of any response. This book will be of great interest to students and researchers of information technological law and security studies.
As new technologies develop, terrorist groups are developing new methods of attack by using the Internet, and by using cyberspace as a battlefield, it has become increasingly difficult to discover the identity of attackers and bring them to justice. The seemingly limitless boundaries of cyberspace has allowed virtually anyone to launch an attack from a remote and anonymous location. But once these attacks occur, it raises several important questions; who should respond, and how?; how should nation-states effectively deal with a cyber-attack?; and will the United States and other nation-states be able to survive in a world where virtual boundaries are limitless? In Cyberthreats: The Emerging Fault Lines of the Nation State Susan Brenner gives a thorough explanation of how military and law enforcement personnel respond to these attacks and why bringing cyber-terrorist to justice can be difficult and sometimes impossible.
This fascinating and timely book traces the emergence and evolution of cybercrime as an increasingly intransigent threat to society. Cybercrime: Criminal Threats from Cyberspace is intended to explain two things: what cybercrime is and why the average citizen should care about it. To accomplish that task, the book offers an overview of cybercrime and an in-depth discussion of the legal and policy issues surrounding it. Enhancing her narrative with real-life stories, author Susan W. Brenner traces the rise of cybercrime from mainframe computer hacking in the 1950s to the organized, professional, and often transnational cybercrime that has become the norm in the 21st century. She explains the many different types of computer-facilitated crime, including identity theft, stalking, extortion, and the use of viruses and worms to damage computers, and outlines and analyzes the challenges cybercrime poses for law enforcement officers at the national and international levels. Finally, she considers the inherent tension between improving law enforcement's ability to pursue cybercriminals and protecting the privacy of U.S. citizens.
Precedents are decisions judges have issued in prior cases. In the common law, precedents are used to determine what the outcome of present cases should be, under the doctrine of "stare decisis, "which stipulates that new cases are resolved by applying legal rules developed in the process of deciding past cases. This volume postulates a relationship between the concept of legal precedent and the means that are used to make specific precedents available to the legal profession. The author concentrates specifically on the effect computer databases such as lexis and westlaw will have on the use of precedent in the common law. By tracing the history of law reporting, Professor Brenner demonstrates how the Anglo-American conception of precedent has altered over the past seven hundred years, and that these alterations reflect changes in the means used to distribute precedents. She explains why computers will become the primary means of disseminating precedents and describes the evolution and operation of the two on-line services that provide access to precedents by means of computer terminals and modems. These services--lexis and westlaw-- are operated by private entrepreneurs in the business of providing precedents to the legal profession. Arguing that such services will have a profound effect on the conception and use of precedent, Brenner provides an empirical study of both services to show the effects they have already had, and outlines the conception of precedent that will result from the use of computers as "law reporters." This, she believes, will be a quantitative conception in which judicial decisions will be used in a manner analogous to the use of quantitative data in scientific endeavors. This study, written with a brilliance often reserved for popular writing at its best, is unique in its application of sociology of knowledge principles to the analysis of law reporting in its examination of citations to approximately 25,000 judicial decisions. It will be of special interest to lawyers, sociologists, and policymakers.
Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.
This fascinating and timely book traces the emergence and evolution of cybercrime as an increasingly intransigent threat to society. Cybercrime: Criminal Threats from Cyberspace is intended to explain two things: what cybercrime is and why the average citizen should care about it. To accomplish that task, the book offers an overview of cybercrime and an in-depth discussion of the legal and policy issues surrounding it. Enhancing her narrative with real-life stories, author Susan W. Brenner traces the rise of cybercrime from mainframe computer hacking in the 1950s to the organized, professional, and often transnational cybercrime that has become the norm in the 21st century. She explains the many different types of computer-facilitated crime, including identity theft, stalking, extortion, and the use of viruses and worms to damage computers, and outlines and analyzes the challenges cybercrime poses for law enforcement officers at the national and international levels. Finally, she considers the inherent tension between improving law enforcement's ability to pursue cybercriminals and protecting the privacy of U.S. citizens.
This book explores the extraordinary difficulties a nation-state’s law enforcement and military face in attempting to prevent cyber-attacks. In the wake of recent assaults including the denial of service attack on Estonia in 2007 and the widespread use of the Zeus Trojan Horse software, Susan W. Brenner explores how traditional categories and procedures inherent in law enforcement and military agencies can obstruct efforts to respond to cyberthreats. Brenner argues that the use of a territorially-based system of sovereignty to combat cyberthreats is ineffective, as cyberspace erodes the import of territory. This problem is compounded by the nature of cybercrime as a continually evolving phenomenon driven by rapid and complex technological change. Following an evaluation of the efficacy of the nation-state, the book goes on to explore how individuals and corporations could be integrated into a more decentralized, distributed system of cyberthreat control. Looking at initiatives in Estonia and Sweden which have attempted to incorporate civilians into their cyber-response efforts, Brenner suggests that civilian involvement may mediate the rigid hierarchies that exist among formal agencies and increase the flexibility of any response. This book will be of great interest to students and researchers of information technological law and security studies.
Should law be technologically neutral, or should it evolve as human relationships with technology become more advanced? In Law in an Era of "Smart" Technology, Susan Brenner analyzes the complex and evolving interactions between law and technology and provides a thorough and detailed account of the law in technology at the beginning of the 21st century. Brenner draws upon recent technological advances, evaluating how developing technologies may alter how humans interact with each other and with their environment. She analyzes the development of technology as shifting from one of "use" to one of "interaction," and argues that this interchange needs us to reconceptualize our approach to legal rules, which were originally designed to prevent the "misuse" of older technologies. As technologies continue to develop over the next several decades, Brenner argues that the laws directed between human and technological relationships should remain neutral. She explains how older technologies rely on human implementation, but new "smart" technology will be completely automated. This will eventually lead to, as she explains, the ultimate progression in our relationship with technology: the fusion of human physiology and technology. Law in an Era of "Smart" Technology provides a detailed, historically-grounded explanation as to why our traditional relationship with technology is evolving and why a corresponding shift in the law is imminent and necessary.
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