Susan W. Brenner and Leo L. Clarke


VOL. XXIII • Summer 2005 • NO. 4 (table of contents)

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Cite as:

23 John Marshall J. of Comp. & Info. Law 659


This article focuses on the modern development of cybercrime and how the current law enforcement model is inadequate to prevent and enforce computer-mediated crime. Specifically the article argues that the nation-states can better control the problem of cybercrime by replacing the current law enforcement model with that of a system of “distributed” security that uses criminal sanctions to employ reasonable measures to prevent and the perpetration of cybercrime. The article begins by defining the terms “law enforcement”, “crime”, and “cybercrime” and then moves on to discuss how the current model of law enforcement, as it stands today, is inept to conquer the issue of cybercrime due to its unique composition. However, the article does not seek to completely abandon the current model of law enforcement, but instead seeks to use this model to deal with cybercriminals. Finally, the article explains how different individuals, and organizations can use this proposed model to prevent the occurrence of cybercrime.

Author Footnote:

SusanW. Brenner is an NCR Distinguished Professor of Law & Technology at the University of Dayton School of Law. Leo L. Clarke is an Associate Professor at the Thomas M. Cooley Law School.

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