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Full-Text Articles in Law
Humans And Humans+: Technological Enhancement And Criminal Responsibility, Susan W. Brenner
Humans And Humans+: Technological Enhancement And Criminal Responsibility, Susan W. Brenner
Susan Brenner
This article examines the implications our use of technological enhancements to improve our physical and/or cognitive abilities will necessarily have on the processes of imposing criminal responsibility on those who victimize others. It explains that while our use of such enhancements is still in its infancy, it is more than likely that their use will dramatically accelerate over the next century or less. The articles examines how law has historically approached the concept of a “legal person,” with reference to “normal” humans, “abnormal” humans, animals, objects, supernatural beings and juristic persons. It also reviews how two other authors have analyzed …
Cyberthreats And The Limits Of Bureaucratic Control, Susan Brenner
Cyberthreats And The Limits Of Bureaucratic Control, Susan Brenner
Susan Brenner
Cyber-Threats and the Limits of Bureaucratic Control By Susan W. Brenner This article argues that the approach the United States, like other countries, uses to control threats in real-space is ill-suited for controlling cyberthreats, i.e., cybercrime, cyberterrorism and cyberwar. It explains that because this approach evolved to deal with threat activity in a physical environment, it is predicated on a bureaucratically organized response structure. It explains why this is not an effective way of approaching cyber-threat control and examines the two federal initiatives that are intended to improve the U.S. cybersecurity: legislative proposals put forward by four U.S. Senators and …
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 …