Digital Evidence and Computer Crime, 3rd Edition

Chapter 4

Cybercrime Law: A United States Perspective

Susan W. Brenner

Contents

Federal Cybercrime Law

State cybercrime law

Constitutional law

Fourth Amendment

Fifth Amendment and encryption

This chapter reviews how law in the United States deals with technologically facilitated crime, or cybercrime. As the United States is a federal system, there are two basic levels of cybercrime law: federal cybercrime law and state cybercrime law. Federal cybercrime law is a unitary, all encompassing system; it applies throughout the territorial jurisdiction of the United States of America. State cybercrime law is idiosyncratic; the cybercrime laws of each of the 50 U.S. states (plus the District of Columbia) apply only within the territorial jurisdiction ...