48 Pages Posted: 14 Nov 2005
Cybercrime, which is rapidly increasing in frequency and in severity, requires us to rethink how we should enforce our criminal laws. The current model of reactive, police-based enforcement, with its origins in real-world urbanization, does not and cannot protect society from criminals using computer technology. This article proposes a new model of distributed security that can supplement the traditional model and allow us to deal effectively with cybercrime. The new model employs criminal sanctions, primarily fines, to induce computer users and those who provide access to cyberspace to employ reasonable security measures as deterrents. We argue that criminal sanctions are preferable in this context to civil liability, and we suggest a system of administrative regulation backed by criminal sanctions that will provide the incentives necessary to create a workable deterrent to cybercrime.
Keywords: Cybercrime, computer security, computer technology, regulation, privacy
JEL Classification: H10, H70, K14, K23, K42
Suggested Citation: Suggested Citation
Brenner, Susan W. and Clarke, Leo L., Distributed Security: A New Model of Law Enforcement. John Marshall Journal of Computer & Information Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=845085