COMPUTER CRIME LAW PROFESSOR KERR

Transcription

1 COMPUTER CRIME LAW PROFESSOR KERR SYLLABUS Spring 2017 I. Course Summary This course examines the legal issues raised by computer-related crime. The course coverage divides into three topics: (1) substantive criminal law, which considers the scope and structure of the criminal laws relating to computer crime; (2) criminal procedure, which examines the nature and function of the privacy laws that regulate law enforcement investigations of computer-related crime; and (3) jurisdictional issues, which evaluate how competing jurisdictions (state vs. state, federal vs. state, and U.S. vs. foreign) might work together or independently to investigate and prosecute computer-related crimes. II. Materials The course assignments are from Orin Kerr, Computer Crime Law (3d. ed. 2013) as well as the 2017 Statutory and Case Supplement to that casebook. Both books are required. The publication date for the 2017 Statutory and Case Supplement is December 31, 2016, so copies will be available by the first week of class. III. Class Policies, Office Hours, Exam During the first week, I will cold call students. Please be prepared. At the end of the first week, each student will sign up for a panel day Tuesday, Wednesday, or Thursday and will be on call on the weekly class meeting that occurs on that day. I reserve the right to adjust grades up or down for class participation. What matters is quality, not quantity. My default office hours this semester will be Wednesday 1:30 to 2:30 pm, in my office (Stuart 311) or by appointment, which you should please feel free to make. I have an open door policy for students in my classes, so feel free to stop by. The best way to get in touch with me is by okerr@law.gwu.edu. The exam will be a 3-hour open-book exam. It will likely be a mixture of multiple choice and essay. Everything we cover, in the reading and/or in class, is fair game for the exam.

2 IV. Class Assignments Here are the class assignments for the course. Assignments are from the main casebook unless noted as readings from the 2017 Supplement (designated Supplement ). Citations to statutes in parentheses immediately below the page assignments are citations to statutes you should read along with the assignment. The current statutes are found in the 2017 Supplement. Class Number Topic Assignment 1 Introduction to Computer Misuse The Property-Based Approach to Computer Misuse, and an Introduction to 18 U.S.C. 1030, the Computer Fraud and Abuse Act (18 U.S.C. 1030) 3 The Meaning of Unauthorized Access: What is Access, and What is Authorization? 31-51, Supplement (18 U.S.C. 1030) 4 More on the Meaning of Authorization : Contract and Norms-Based Approaches to Authorization 5 Access to Obtain Information and the Crime of Computer Fraud, 18 U.S.C. 1030(a)(2) and (a)(4) 6 The Computer Damage Statute, 18 U.S.C. 1030(a)(5) 7 More on 1030(a)(5), and Property Crimes to Protect Economic Interests Online 51-65, Supplement 127 to 132. (18 U.S.C. 1030) Supplement (18 USC 1030(a)(2) &(a)(4)) Supplement (18 U.S.C. 1030(a)(5)) , Supplement (18 U.S.C. 1343, 2314)

3 8 The Economic Espionage Act and Identity Theft ; Supplement (18 U.S.C. 1832, 1839, and 1028A) 9 Criminal Copyright Law 10 More on Criminal Copyright, and an Introduction to Online Threats and Harassment 11 Online Threats, Harassment, and Revenge Porn Laws (18 U.S.C. 2319, 17 U.S.C. 506 reprinted together in the supplement) 192 to the top of 204. Supplement 143 to 152. (18 U.S.C. 875, 2261A, and skim 47 U.S.C. 223) (starting at n.1) to 231. Supplement, middle of Internet Gambling Bottom of 232 to 247 (18 U.S.C. 1084) 13 Internet Obscenity (18 U.S.C. 1462, 1465) 14 Child Pornography Offenses Supplement (18 U.S.C. 2252, 2252A)

4 15 Virtual Child Pornography and First Amendment Limits (18 U.S.C. 2252A, 2256) 16 Traveler Cases and Online Entrapment (18 U.S.C. 2422, 2423) 17 Sentencing Computer Crimes under the U.S. Sentencing Guidelines, and their Application to Child Pornography Offenses Intro on p.328, Sentencing Computer Misuse Offenses, and an Introduction to the Fourth Amendment 19 Fourth Amendment Searches and Seizures of Computers 20 Exigent Circumstances and Scope of Consent for Computer Search and Seizure 21 Third Party Consent Searches of Computers and Searches Incident to Arrest 22 Computer Border Searches and Government Workplace Searches 23 Warrant Searches: Probable Cause and Particularity for Digital Evidence 24 Executing Computer Warrants and The Scope of Plain View for Computer Searches 25 Ex Ante Restrictions on Warrants, the Fifth Amendment, and the All Writs Act Supplement middle of 365 (through n.6) Supplement Supplement from bottom of 177 through Supplement 183 to top of (end of n.3); Supplement Supplement ; Supplement Bottom of 495- top of 513; Supplement 217 to top of middle of 524, Supplement 222 to top of 233.

5 26 Fourth Amendment in a Network Environment, Part I: Non-Content Information 27 Fourth Amendment in a Network Environment, Part II: Contents ; Supplement from note 1 on page 240 to middle of , Supplement middle of 243 to Introduction to the Wiretap Act , 29 The Consent Exception and the Provider Exception Supplement 253 to middle of 255. (18 U.S.C. 2510, 2511, 2515) Supplement (18 U.S.C. 2511(2)) 30 The Cybersecurity Act of 2015 and the Pen Register Statute 31 The Stored Communications Act, Part I 32 The Stored Communications Act, Part II 33 Federalism and Computer Crime Law: The Scope of Federal Authority 34 Federalism and Computer Crime Law, Part II: The Scope of State Authority 35 Computer Crimes Beyond the United States Border 36 The Microsoft Case and Mutual Legal Assistance Treaties Supplement 258 to top of 261. Bottom (skim both 6 U.S.C and 18 U.S.C ) (18 U.S.C. 2701, 2703, 2708, 2711) Supplement (18 U.S.C. 2702) , bottom of 690 (starting at n2) to 696. Supplement 265 to middle of middle of 718, 720 to middle of 723. Supplement middle of 274 to top of 277. Middle of 724-middle of 748 Supplement bottom 277 to top of 770

6 37 National Security Investigations END OF COURSE