Spring term, Block K
Th 5:00 PM - 7:00 PM
Clinical Professor Phillip Malone
2 classroom credits LAW-92485A
2, 3, or 4 optional clinical credits LAW-98141C Fall or Spring, or 2 Winter
As cell phones, the internet and an array of personal computing devices
have become increasingly ubiquitous in our society, so have such
technologies also become either the means or the object of a wide range
of criminal activity. Many of the most challenging developments in
criminal law and procedure now arise in the context of crimes that
involve the internet or computers. This seminar will explore how
technology, and the social and cultural changes it has brought about,
challenge our traditional approaches to criminal law and procedure, in
particular core concepts such as knowledge and intent, causation, and
justification or excuse. We will approach the subject of cybercrime
from both doctrinal and policy standpoints. The seminar will review
relevant statutes including the federal Computer Fraud and Abuse Act,
the Electronic Communications Privacy Act, the Wiretap Act, and federal
anti-gambling laws, and will consider conduct such as hacking, data and
identity theft, online fraud, phishing, economic espionage, harassment
and cyberbullying, and cyberstalking. We will devote substantial
attention to electronic surveillance, search and seizure and
evidentiary issues, with an emphasis on differing expectations of
privacy in an online world, on notions of self-incrimination through
compelled disclosure of passwords or access controls, on the
difficulties of balancing privacy interests against valid law
enforcement interests and on unique authentication and admissibility
challenges posed by digital and online evidence.
Students who would like to participate in the optional clinical must
enroll through clinical registration. Clinical placements are at the
Cyberlaw clinic at the Berkman Center for Internet and Society. Please
refer to the Office of Clinical and Pro Bono Programs (http://www.law.harvard.edu/academics/clinical) for clinical registration dates and early add/drop deadlines.