Category «Criminal Law»

Inventing the Dark Web

This paper by Thais Sardá, Simone Natale and John Downey examines how the deep Web, i.e., Web sites that are not indexed and thus are not accessible through Web search engines, was described and represented in British newspapers. Through an extensive content analysis conducted on 833 articles about the deep Web published between 2001 and 2017 by six British newspapers, the authors demonstrate that these technologies were predominantly associated with crime, crypto markets and immoral content, while positive uses of this technology, such as protecting privacy and freedom of speech, were largely disregarded. The consistent association by the British press between the deep Web and criminal and antisocial behaviors is exemplary of a recent “apocalyptic turn” in the imaginary of the Web, whereby Web-related technologies are perceived and portrayed in more negative ways within the public sphere. The authors argue that the use of such negative concepts, definitions and associations engender distrust about uses of the deep Web, propagating user stereotypes that reflect what the authors argue to be an overall criminalization of privacy.

Subjects: Criminal Law, Cryptocurrency, Cybercrime, Cybersecurity, Financial System, KM, Legal Research, Privacy

Pete Recommends – Weekly highlights on cyber security issues, December 31, 2022

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: How to Wipe a Computer Clean of Personal Data; AI paper mills and image generation require a coordinated response from academic publishers; US House boots TikTok from government phones; and How to Use ChatGPT and Still Be a Good Person.

Subjects: AI, Congress, Criminal Law, Cryptocurrency, Cybercrime, Cybersecurity, Financial System, Privacy, Social Media

Jan. 6 committee tackled unprecedented attack with time-tested inquiry

Claire Leavitt, Assistant Professor of Government, Smith College, presents an overview of the broad investigative powers of the Congress from the 1920s to the present. The latest investigation may be its most consequential to date. After 18 months, more than 1,200 interviews and 10 public hearings that presented 70 witnesses’ testimony, the House Select Committee to Investigate the January 6 Attack released its 845-page final report late on Dec. 22, 2022. The report recommended that the Department of Justice prosecute former President Donald Trump on four criminal charges, including conspiracy and incitement of insurrection. The committee’s recommendation to prosecute a former president was unprecedented. But its investigation of the events of Jan. 6, 2021 fell squarely within Congress’ power, and added a new chapter to a centuries-long history of congressional investigations into government scandals and failures.

Subjects: Congress, Constitutional Law, Criminal Law, Election Law, Government Resources, Legal Research

Pete Recommends – Weekly highlights on cyber security issues, November 26, 2022

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: A Broken Twitter Means Broken Disaster Response; Third-party data brokers give police warrantless access to 250 million devices; House Dems say facial recognition company misrepresented its help to consumers; and Do’s and don’ts of data de-identification.

Subjects: AI, Big Data, Blockchain, Congress, Criminal Law, Cryptocurrency, Cybercrime, Cybersecurity, Employment Law, Legal Research, Privacy

No, an indictment wouldn’t end Trump’s run for the presidency – he could even campaign or serve from a jail cell

Donald Trump announced his 2024 run for the presidency on Nov. 15. In his address he railed against what he perceived as the “persecution” of himself and his family, but made scant mention of his legal woes. Confirmation of Trump’s White House bid comes at a curious time – a week after a lackluster Republican midterm performance that many blamed on him. Moreover, it comes as the former president faces multiple criminal investigations over everything from his handling of classified documents, to allegations of falsifying the value of New York properties. There is also the not-so-small matter of a Justice Department investigation into the Jan. 6 storming of the Capitol. The announcement has led some to speculate that Trump may be hoping that becoming a presidential candidate will in some way shield him from prosecution. Stefanie Lindquist, Foundation Professor of Law and Political Science, Arizona State University, answers critical questions including: does an indictment – or even a felony conviction – prevent a presidential candidate from running or serving in office?

Subjects: Constitutional Law, Criminal Law, Legal Research, United States Law

Pete Recommends – Weekly highlights on cybersecurity issues – October 30, 2022

Privacy and cybersecurity issues impact every aspect of our lives – home, work, travel, education, health and medical records – to name but a few. On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness. Four highlights from this week: Thomson Reuters collected and leaked at least 3TB of sensitive data; Criminals are starting to exploit the metaverse, says Interpol. So police are heading there too; Public Entities in Nearly Every State Use Federally-Banned Foreign Tech, Report Says; and Should you log in with Facebook or Google on other sites or apps? Short answer: No!

Subjects: AI, Big Data, Criminal Law, Cybercrime, Cybersecurity, Government Resources, Healthcare, KM, Legal Research, Privacy, Social Media

Pitching the Difficult Case: Working With Prosecutors

Jerry Lawson provides ideas and examples showing how investigators can successfully pitch difficult cases—ones that look unattractive on the surface. Lawson approaches the topic from his perspective as a former federal prosecutor and counsel to federal criminal investigators, but most of the ideas apply just as well to state and local law enforcement agencies.

Subjects: Criminal Law, Legal Profession, Legal Research

You don’t have to be a spy to violate the Espionage Act – and other crucial facts about the law Trump may have broken

Joseph Ferguson, Co-Director, National Security and Civil Rights Program, Loyola University Chicago and Thomas A. Durkin, Distinguished Practitioner in Residence, Loyola University Chicago are both attorneys who specialize in and teach national security law. While navigating the sound and fury over the Trump search, this article highlights important things to note about the Espionage Act.

Subjects: Criminal Law, Digital Archives, Government Resources, Legal Research, Public Records, United States Law

Policing Reimagined

The thesis of Albert Chang’s paper is the metaverse presents a unique opportunity for effective police reforms. Developers, data scientists, and legal sector experts working within the metaverse may be able to implement changes more efficiently than Congress as they are not subject to constitutional constraints. Chang advocates a position that the federal government should strongly consider the adoption of immersive technology to demonstrate that a more effective method of policing is possible. This paper is especially significant in light of the fact that last week Congress passed the CHIPS and Science Act which will bolster research with $290 billion in new funding.

Subjects: Blockchain, Constitutional Law, Criminal Law, Cryptocurrencies, Education, Health, Human Rights, Legal Research, Social Media, Technology Trends, United States Law