Spring term, Block
K
Th 5:00 PM - 7:00 PM
Clinical Professor Phillip Malone
2 classroom credits LAW-92485A
Optional clinical: 2, 3, or 4 credits Fall or Spring, or 2 Winter, LAW-92485C
As smartphones, the internet and an array of personal computing devices have
become increasingly ubiquitous in our society, so have such technologies also
become either the means or the object of a wide range of criminal activity.
Many of the most challenging developments in criminal law and procedure now arise
in the context of crimes that involve the internet or computers.
This seminar
will explore how technology, and the social and cultural changes it has brought
about, challenge our traditional approaches to criminal law and procedure, in
particular core concepts such as knowledge and intent, causation, justification
or excuse, and jurisdiction. We will approach the subject of cybercrime from
both doctrinal and policy standpoints. We begin by analyzing the nature of
cybercrime and the ways in which it may or may not be different from
"regular" crimes, and may or may not require specialized statutes or
enforcement. We will then review relevant statutes including the federal
Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, the
Wiretap Act, and state and foreign equivalents. We will consider conduct such
as hacking, DDoS attacks and extortion, data and identity theft, phishing and
other online fraud, economic espionage, threats, harassment, cyberbullying, and
cyberstalking. We will devote substantial attention to procedural issues such
as electronic surveillance, search and seizure, and evidentiary questions, with
an emphasis on differing expectations of privacy in an online world, on notions
of self-incrimination through compelled disclosure of passwords or access
controls, on the difficulties of balancing privacy interests against valid law
enforcement interests and on unique authentication and admissibility challenges
posed by digital and online evidence. Students who would like to participate in
the optional clinical must enroll through clinical registration.
Students who would like to participate in the optional clinical must enroll
through clinical registration. Clinical placements are with the Cyberlaw Clinic
of the Berkman Center for Internet and Society. Please refer to the Office of
Clinical and Pro Bono Programs website (http://www.law.harvard.edu/academics/clinical)
for clinical registration dates, early add/drop deadlines, and other
information about the clinical.