Fourth Amendment Future: Remote Computer Searches and the Use of Virtual Force

November 2011:

Abstract:
This article examines the Fourth Amendment implications of two tactics that may become part of law enforcement’s efforts to investigate and otherwise control criminal activity. The first is the use of certain types of software, most notably Trojan horse programs, to conduct surreptitious, remote searches of computers and computer media. The other tactic is the use of “virtual force,” e.g., using Distributed Denial of Service and other attacks to shut down or otherwise disable websites that host offending content and/or activities.

For the remainder of this paper: by Susan W. Brenner, University of Dayton - School of Law