CYB3RCRIM3
"Observations on technology, law and lawlessness."
Author: Susan Brenner is a law professor at the University of Dayton.
Blawg Related Categories: Criminal Justice • Internet Law • Science & Technology Law • Trials & Litigation • Evidence • University of Dayton • Law Professor
Recent Posts from CYB3RCRIM3
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Privilege and Email Strings
This post is about how the attorney-client privilege applies to emails; more precisely, it’s about how the privilege applies to a series of emails between an attorney and a client. As Wikipedia explains (and as…
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Defendant Wins on Motion to Compel
This post is about a case in which a defendant in a criminal case filed what is known as a “motion to compel.” As Wikipedia explains, a motion to compel asks a court to order…
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"Fruit of the Poisonous Tree"
As Wikipedia explains, the “fruit of the poisonous tree” is “a legal metaphor in the United States used to describe evidence gathered with the aid of information obtained illegally. The logic of the terminology is…
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Jurors Use Prosecutor's Laptop . . .
An unusual issue – or what I assume is an unusual issue – came up in Weber v. State, 971 A.2d 135 (Supreme Court of Delaware 2009). Paul Weber was charged with attempted first-degree robbery…
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Fraud on the Court
This post isn’t about a cybercrime case, as such. It is about a kind of related conduct which, in the case I’m going to talk about, involved fabricating an email. The case is Munshani v.…
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Copying as Search and Seizure
In other posts, I’ve argued that copying data is a “seizure” under the 4th Amendment. As I explained in those posts, if copying is a 4th Amendment seizure, law enforcement officers must either get a…
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Disturbing the Peace . . . Virtually
According to Wikipedia, disturbing the peace is a crime that is “generally defined as the unsettling of proper order in a public space through one's actions.” Here, for example, is how Idaho defines disturbing the…
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Terrorism or Terroristic Threat?
This post is about the Supreme Court of Michigan’s decision in People v. Osantowski, 481, Mich. 103, 748 N.W.2d 799 (2008) and the lower court decisions that brought the case to the state Supreme Court.…
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Taking the Fifth in a Civil Suit
As I assume everyone knows, the 5th Amendment to the U.S. Constitution creates what is known as the privilege against self-incrimination. The privilege derives from the part of the 5th Amendment that says no person…
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Impossibility
Impossibility is another defense someone who has been charged with a crime can claim. As Wikipedia explains, U.S. criminal law traditionally distinguished between factual and legal impossibility. Factual impossibility exists when circumstances of which the…