Databases and Information Systems Commons^™

Ancient Worries And Modern Fears: Different Roots And Common Effects Of U.S. And Eu Privacy Regulation, David Thaw, Pierluigi Perri

Articles

Much legal and technical scholarship discusses the differing views of the United States and European Union toward privacy concepts and regulation. A substantial amount of effort in recent years, in both research and policy, focuses on attempting to reconcile these viewpoints searching for a common framework with a common level of protection for citizens from both sides of Atlantic. Reconciliation, we argue, misunderstands the nature of the challenge facing effective cross-border data flows. No such reconciliation can occur without abdication of some sovereign authority of nations, that would require the adoption of an international agreement with typical tools of international …

Criminalizing Hacking, Not Dating: Reconstructing The Cfaa Intent Requirement, David Thaw

Articles

Cybercrime is a growing problem in the United States and worldwide. Many questions remain unanswered as to the proper role and scope of criminal law in addressing socially-undesirable actions affecting and conducted through the use of computers and modern information technologies. This Article tackles perhaps the most exigent question in U.S. cybercrime law, the scope of activities that should be subject to criminal sanction under the Computer Fraud and Abuse Act (CFAA), the federal "anti-hacking" statute.

At the core of current CFAA debate is the question of whether private contracts, such as website "Terms of Use" or organizational "Acceptable Use …