24 Pages Posted: 29 Oct 2011 Last revised: 11 Apr 2015
Date Written: October 28, 2011
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: 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