Fourth Amendment Future: Remote Computer Searches and the Use of Virtual Force

24 Pages Posted: 29 Oct 2011 Last revised: 11 Apr 2015

Susan W. Brenner

University of Dayton - School of Law

Date Written: October 28, 2011

Abstract

This article examines the Fourth Amendment implications of two tactics that may become part of law enforcement’s efforts to investigate and otherwise control criminal activity. The first is the use of certain types of software, most notably Trojan horse programs, to conduct surreptitious, remote searches of computers and computer media. The other tactic is the use of “virtual force,” e.g., using Distributed Denial of Service and other attacks to shut down or otherwise disable websites that host offending content and/or activities.

Keywords: cybercrime, Fourth Amendment, Trojan horse program, Distributed Denial of Service attack

JEL Classification: K14, K42

Suggested Citation

Brenner, Susan W., Fourth Amendment Future: Remote Computer Searches and the Use of Virtual Force (October 28, 2011). Mississippi Law Journal, Vol. 81, No. 1, 2011. Available at SSRN: https://ssrn.com/abstract=1950703

Susan W. Brenner (Contact Author)

University of Dayton - School of Law ( email )

300 College Park
Dayton, OH 45469
United States
937-229-2929 (Phone)
937-229-2469 (Fax)

Paper statistics

Downloads
422
Rank
55,372
Abstract Views
2,661