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Computer Crime
Fall 2015
Version 0.99
Updated 3/26/15 to include
final Part Three assignments
Paul Ohm
Syllabus
Course Description
This course will explore the legal issues that judges, legislators, prosecutors, and defense
attorneys are confronting as they respond to the recent explosion in computer-related crime. In
particular, we will consider how crimes in cyberspace will challenge traditional approaches to the
investigation, prosecution, and defense of crime that have evolved from our experience with crimes
in physical space. Topics will include: the Fourth Amendment in cyberspace, the law of electronic
surveillance, computer hacking and other computer crimes, cyberterrorism, the First Amendment in
cyberspace, and civil liberties online.
Although much of this class involves computer and internet technology, no prior technical
background or knowledge is required. Any technology that needs to be understood will be explained
in class, and students should not hesitate to ask for other technical explanations.
Class Times and Office Hours
The class will meet every Monday and Wednesday from 2:30 PM – 3:50 PM in Room 205. I
will generally be available for office hours on Monday and Wednesdays in my office, Room 433, from
10:30 – 11:30 A.M. or at any other time by appointment. I can also be reached via e-mail at
[email protected].
Course Expectations
Grading and Exam. Grades for the course will be based on a final exam and other class
participation. Because I value class participation so much, I may increase or decrease your grade up
five points to reflect your participation.
The final exam is a six-hour, word-limited, take-home final containing a mix of issue
spotting and policy questions. Students may consult any written materials during the exam, but
students must be careful to abide by the honor code.
Participation. I expect you to be prepared to talk every class and will call on you without
prior notice. If, however, you are unable to prepare for class on a particular day for whatever
reason, please attend anyway. Send me an e-mail at least one hour before we begin or leave me a
note on the podium at the front of the room before class starts and I will not call on you that day.
You may not use this “pass” more than three times during the semester unless you talk to me in
advance about your situation. If you do not leave me a note but are unprepared or absent when I
call on you, your grade will be negatively affected.
If you find yourself especially prepared for class after finishing the reading, you can put
yourself on call by volunteering to “catch.” To do so, send me an e-mail at least one hour before we
begin, or leave me a note on the podium (highlighting the word “catch” so I don’t mistake it for a
pass) at the front of the room before class starts, and I will do my best to call on you at some point
during the class. I encourage voluntary participation as well.
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I will pass around a seating chart on Wednesday, January 14th. Please be sure you can see
the text on the screen from your chosen seat.
In-Class Technology. I do not use the chalkboard in this class. Instead, I project a computer’s
display onto the screen for use as a “virtual blackboard” Following each class, I will upload a copy of
the blackboard to the course website.
Course Materials
Required Text. We will use two primary sources, a casebook: ORIN KERR, COMPUTER CRIME
LAW (West 3d ed. 2012), and the 2015 Supplement to the casebook (ISBN 978-1634592680). The
publisher promises that the supplement will be available online on January 1st.
In addition, I will be providing supplemental materials through the course website at
paulohm.com for many classes. Some of these supplemental materials are noted in the syllabus,
below; others will be added to assignments during the semester, in which case they will be made
available and announced at least two classes prior. You are responsible for consulting the website
before beginning the reading for every class.
Course Website. Our course website is at http://paulohm.com/classes/cc15. Here, you will
find class blackboards, important announcements, supplemental readings (most of which are
mentioned in the day-by-day syllabus, below), changes to the reading, and links to other resources.
Supplemental readings will be made available at least one week prior to the assigned date. The top
part of the website will list “Latest Changes to the Site” which can be scanned to see what is
important and new. Students are advised to consult the website before every class, particularly
when a class is missed. I do not use TWEN.
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Assigned Topics and Reading
[Numbers in brackets indicate pages assigned.]
Part One: Substantive Computer Crime
Class Number/Date
1: Mon, January 12
2: Wed, January 14
Mon, January 19
3: Wed, January 21
4: Mon, January 26
5: Wed, January 28
6: Mon, February 2
7: Wed, February 4
8: Mon, February 9
9: Wed, February 11
10: Mon, February 16
Topic
Course Overview; Computer
Misuse; Property
Crime/Computer Misuse
Unauthorized Access
Statutes
No Class: MLK, Jr., Day
Unauthorized Access
Statutes Continued
Specific CFAA Crimes
Property Crime and Online
Threats
Criminal Copyright
Child Pornography
First Amendment and
Threats
First Amendment and
Obscenity and Child
Pornography
Sentencing
Assignment
1-29 [29]
29-51 and Supp/111-16 115120 [29]
51-76 [26]
76-82; 87-88 (Notes 1 and 2
only); 100-25; Supp/116 120
[36]
136-50; Supp/117-18 121-22;
201-12; Supp/121 125 [30]
168-96 [29]
267-72; 280-95 [22]
212-31; Supp/121-27 125-31
[27]
247-67; 295-304 [31]
343-57; 366-75 [26]
Part Two: Computer and Network Search and Seizure
Class Number/Date
11: Wed, February 18
12: Mon, February 23
13: Wed, February 25
14: Mon, March 2
Topic
Introduction to the Fourth
Amendment; Government
Action; Definition of Search
Exceptions: Exigent
Circumstances and Consent
More Exceptions; Search
Incident to Valid Arrest and
Riley; Searching Computers
with a Warrant: Probable
Cause and Particularity
Searching Computers with a
3
Assignment
376-400; Supp/137-39 [28]
409-410; 415-420; 424-45
[30] (Skip Trowbridge and
Al-Marri but read notes
following each)
Supp/140-53; 473-76; 486-95
[28] (Skip Adjani but read
notes following)
495-96; 501-13; Supp/153-64
15: Wed, March 4
16: Mon, March 9
17: Wed, March 11
18: Mon, March 16
19: Wed, March 18
Mon, March 23 and Wed,
March 25
20: Mon, March 30
Warrant: Physical Searches;
Computer Forensics; Border
Search Exception
The Fourth Amendment and
Computer Networks:
Analogies and Non-Content
Information
The Fourth Amendment and
Content; Introduction to the
Wiretap Act
Wiretap Exceptions; Pen
Register Act
Stored Communications Act
(Part 1)
Stored Communications Act
(Part 2)
Spring Break
[27] (Skip Hill but read notes
following)
Statutory Refresher;
Encryption and the Fourth
and Fifth Amendments
528-541 [14]
541-59; Supp/170-81 [27]
559-92 [34]
592-613; 618-32; Supp/19192 [39]
632-60 [29]
660-73 [14]
Part Three: Cross-Jurisdictional Computer Crime
Class Number/Date
21: Wed, April 1
22: Mon, April 6
23: Wed, April 8
24: Mon, April 13
Topic
National Security Law and
the Fourth Amendment
Foreign Intelligence
Surveillance Act
The Foreign Intelligence
Surveillance Act I
FISA Continued: Edward
Snowden and NSA
FISA, Edward Snowden, and
the NSA
FISA Continued: Edward
Snowden and NSA
Limits and Sources of
Federal and State Power
Assignment
788-807;
Handout 250; 267-78 [33]
788-827 [40]
Casebook 807-27 [21]
Handout 250-266 [17]
697-724 [28]
Excerpts from 674-724
(Assignment later)
Wed, April 15
25: Mon, April 20
26: Wed, April 22
During Exams
No Class
International and Foreign
computer crime
Review Session One
Review Session Two
4
724-52 [29]
Excerpts from 724-87
(Assignment later)
N/A
N/A
5