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Full-Text Articles in Law
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Casualties, Susan W. Brenner, Leo L. Clarke
Susan Brenner
This article is a sequel to Civilians in Cyberwarfare: Conscripts, to be published by the Vanderbilt Journal of Transnational Law. Conscripts addresses the essential role of civilians as participants in cyberwarfare. Here, we explore the potential losses cyberwarfare might cause to civilian entities, including multi-national corporations, utilities, universities and local governments. We explain why cyberwarfare presents unique risks and requires unique executive responses. We also analyze how civilians should manage specific legal liability, political and reputational risks. Finally, we consider whether civilians can expect compensation if the federal government imposes new regulations, appropriates intellectual property, or even conscripts entire businesses …
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Civilians In Cyberwarfare: Conscripts, Susan W. Brenner, Leo L. Clarke
Susan Brenner
Civilians will play an integral role in cyberwar because civilian-owned and –operated entities will be a primary target in cyberwarfare. An attacker’s goal in cyberwar is not to capture physical territory but to erode, even destroy, the target nation’s viability as an economy and, indeed, as a sovereign entity. To do that, a cyberattacker will target the companies that own and operate aspects of the victim nation’s critical infrastructure; those civilians will need to be incorporated into a defensive cyberwarfare response structure if such a response is to be effective. We explain why the use of civilians is essential and …
Fantasy Crime, Susan Brenner
Fantasy Crime, Susan Brenner
Susan Brenner
The article "Fantasy Crime" analyzes activity in virtual worlds that would constitute a crime if it were committed in the real world. The article reviews the evolution of virtual worlds like Second Life and notes research which indicates that more and more of our lives will move into this realm. It analyzes the criminalization of virtual conduct that inflicts "harm" in the real world and virtual conduct that only inflicts "harm" in the virtual world. It explains that the first category qualifies as cybercrime and can be prosecuted under existing law. It then analyzes the necessity and propriety of criminalizing …