Criminal Law II: Cybercrime

Quick Info
(2240L.03)  Course
Instructor(s)
M. Fawcett; Adjunct Professor
Fall
3 credit(s)  3 hour(s);
Presentation
The class will be presented virtually via Zoom. Instruction will be delivered partly through lectures and partly through online classroom discussion and participation. The format of any particular class will vary depending on the subject matter. Questions are encouraged at all times. For most classes, I anticipate the following structure: (1) We will begin with a review of the weekly case studies; (2) we will engage in a collegial debate on the various legal and policy issues raised by the subject matter; and (3) I will conclude if necessary with a lecture on the class readings and law. Students should expect to speak in class and participate in the discussion.
Upper Year Research & Writing Requirement
No
Praxicum
No

Today, cybercrime is on the rise. It is everywhere. It dominates the news. Ransomware attacks. Data breaches. Online sexual violence offences. Digital hate speech. Even our social media is now flooded with conduct that is arguably criminal.
The law is playing catch up in this area, as judges, practitioners, and policymakers struggle to come to grips with how to best deal with this emerging problem. As a result, some of the most challenging and interesting developments in our legal system now arise in the context of crimes committed via the Internet and computers.
This course will explore the legal and policy challenges presented by our online digital world. No prior knowledge of the subject matter is required. We will start with the basics and then move toward an advanced study of cyber-related law and procedure, focusing on how it ought to apply in the digital world. We’ll ask: “What is cybercrime?” What types of conduct ought to be criminalized? We’ll explore some of the key variants of cyber offences that come up time and again, such as hacking and phishing, ransomware, and data theft. We’ll do a deep dive on cryptocurrency. We’ll look at the jurisdictional challenges created by crimes that occur in digital worlds. We’ll look at the ways in which cybercrime differs from traditional crimes and the challenges it poses for law enforcement. And perhaps most importantly, we will devote a significant amount of time to exploring how the criminal law and policy concepts that you learned about in first year might be adapted to apply in the cyber context. Examples of our study will include: considering our expectations of privacy in the digital age; the application of traditional search and seizure concepts to online police work such as taking over Gmail accounts or acquiring a target’s Facebook messages; the right against self-incrimination and right to counsel when it comes to compelling passwords or forced biometric scans; regulating online speech;
prohibiting ransom payments; allowing officers to pose online as sex trafficking victims to capture would-be online predators; monitoring and criminalizing the online distribution of intimate images; etc.

We’ll have a broad, discussion-based course in which we explore the unique problems posed by this emerging area of the law and how society might choose to deal with them.

Method of Evaluation: Final Exam: 60%
It is open book. You may rely upon any materials that you find appropriate.

Case Comment or Presentation (Student Choice): 30%
The assignment will require you to present or prepare a short piece of written legal commentary on a relevant topic or case of your choice. The maximum length of the paper is three single-spaced pages, excluding footnotes. The length of the presentation is a maximum of 15 minutes. Students can select the option that they prefer.

Case Studies: 10%
Each week I will post short case studies or fact patterns that touch upon the issues raised by the week’s readings. Students will pick three (x3) case studies over the course of the semester and submit a single paragraph response. Students will receive full marks for completing the assignment as prescribed. The answers will not be graded for accuracy, substance, or form.