Rutgers Computer & Technology Law Journal
This article argues that one consequence of the increasing proliferation of computer technology and the attendant migration of human activities, including illegal activities, into cyberspace is that the efficacy of our traditional approach to enforcing the criminal law is eroding. (1) As Section II explains, it is already apparent that the traditional model is not an effective means of dealing with cybercrime, i.e., crime the commission of which entails the use of computer technology. (2)
We are therefore seeing the emergence of an alternative approach to law enforcement, (3) one that emphasizes collaboration between the public and private sectors and the prevention of crime rather than merely reacting to it. Section III describes how this new, still-evolving model functions and explains why it emerged at this particular point in time. Section IV analyzes how this evolving approach, the operation of which is as yet limited to the commercial sector, can be extrapolated so that it encompasses individuals as well as businesses. Sections III and IV also examine the extent to which reliance upon this new model will require incorporating new doctrines into the criminal law and consider the permissibility of devising what is, in part, at least, a "criminal law for cyberspace." Finally, Section IV provides a brief conclusion.
Copyright © 2004, Rutgers Computer & Technology Law Journal
Rutgers School of Law
Place of Publication
Brenner, Susan W., "Toward a Criminal Law for Cyberspace: A New Model of Law Enforcement?" (2004). School of Law Faculty Publications. 98.