Beyond Whiffle-Ball Bats: Addressing Identity Crime in an Information Economy


Erin Kenneally & John Stanley


VOL. XXVI • Spring 2009 • NO. 1 (table of contents)

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26 John Marshall J. of Comp. & Info. Law 47


The article discusses the challenges to the protection of private personal information in the age of rapid technological changes and advances with a particular focus on the explosion of Identity Theft Crime (IDC). The paper highlights the compartmentalized and imbalanced roles that the free market and law enforcement (LE) play in response to this emerging threat to privacy, the implications of this dynamic, and recommendations for improving the societal risk management of Identity Crime.

Author Footnote:

Erin Kenneally: Licensed attorney and forensic scientist who consults, researches, publishes, and speaks on prevailing and forthcoming issues at the crossroads of information technology and the law. These include evidentiary, privacy, and policy implications related to information forensics, information security, privacy technology and information risk. Ms. Kenneally is founder and CEO of Elchemy, Inc. and holds a Cyber Forensics Analyst position at the University of California San Diego. Ms. Kenneally holds Juris Doctorate and Master of Forensic Sciences degrees.

Jon Stanley: Director of Tech Law for Elchemy, Inc. and Principal of the Law Firm of Jon Stanley. His focus areas include regulatory concerns for business entities, information security, privacy, cybercrime, cyberspace insurance, and intellectual property, about which he has spoken at various national conferences including the American Bar Association, Computer Security Institute and the Annual RSA Conference. Mr Stanley earned his J.D. from the University of Maine Law School LL.M. in Information Technology and Telecommunications Law from Strathclyde Law School, UK.

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