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Full-Text Articles in Law
The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse
The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse
Vanderbilt Journal of Transnational Law
The proceeds of cybercrime are typically laundered by money mules--people used by criminal organizations to interrupt the financial paper trail by transferring money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial Action Task Force (FATF). It shows how case study narratives, visualizations, and metaphors contribute to an understanding of the money mule as an innocent victim of organized crime networks from West Africa and Eastern Europe, supported by money remittance companies like Western Union. These constructions …
Applying The Law Of Proportionality To Cyber Conflict: Suggestions For Practitioners, Eric Boylan
Applying The Law Of Proportionality To Cyber Conflict: Suggestions For Practitioners, Eric Boylan
Vanderbilt Journal of Transnational Law
This Note examines the applicability of the law of armed conflict, and particularly the concept of proportionality, to cyber attacks. After exploring deviations in terminology that may lead to confusion in the field, it considers the difficulties associated with applying an area of law first implemented in the post-World War II era to technologies that have only become vitally important in recent years. Delving into some of the facets of cyber technology that make it unique as a potential battleground, this Note examines why those qualities make the law of proportionality particularly difficult to apply. Acknowledging that the law of …
Augmenting Property Law: Applying The Right To Exclude In The Augmented Reality Universe, Samuel Mallick
Augmenting Property Law: Applying The Right To Exclude In The Augmented Reality Universe, Samuel Mallick
Vanderbilt Journal of Entertainment & Technology Law
This Note considers whether and to what extent the property right to exclude applies to virtual space in the augmented reality (AR) universe. It provides an overview of AR's development and uses, as well as a review of property law concerning the right to exclude. By considering the consequences of previously proposed regulatory schemes in light of four hypothetical AR applications, this Note demonstrates that these solutions do not adequately balance the societal benefit achievable through free development of AR applications with landowners' absolute rights to exclude others from their property. This Note proposes adoption of an adjusted "open-range" common …
Hidden By Sovereign Shadows: Improving The Domestic Framework For Deterring State-Sponsored Cybercrime, Eric Blinderman, Myra Din
Hidden By Sovereign Shadows: Improving The Domestic Framework For Deterring State-Sponsored Cybercrime, Eric Blinderman, Myra Din
Vanderbilt Journal of Transnational Law
This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that the current legal framework does not have a deterrence effect on sovereign states engaged in such activity and that prosecutors who seek to apply the current framework against state sovereigns or who misattribute the source of such attacks could negatively impact US foreign policy. To remedy these defects, this Article asserts that …