This chapter examines several ways that the United States takes advantage of international law’s permissiveness and ambiguity to extend its criminal law, along with digitally based investigations, beyond US borders. The international law of jurisdiction opens the door to several strategies for defining domestic criminal law that enable its application to criminal conduct outside US territory, even for conduct with only marginal connections on US interests. The chapter aims first to identify with some precision how the US can employ – or exploit – international law’s territorial premises and ambiguities to reach conduct committed in other states’ territories. All states can pursue this goal through choices in drafting statutory offence elements. But the United States has additional advantages because it can also expand its jurisdictional ambit by leveraging the transnational nature of digital infrastructure and its singularly large domestic economy. The chapter then assesses some effects and implications of these US policies for other states as well as for criminal actors. Conclusions are mixed. Determining whether extraterritorial investigations and law enforcement serves only one state’s parochial interests, as opposed to many states’ common interests or shared norms, depends greatly on contextual details, contested assessments of efficacy, and trade-offs among competing values. Sometimes US policies serve broadly shared interests; in other instances, they can be counterproductive or show insufficient regard for other states’ interests.
This Essay expounds on the outsized role of private law in governing ownership of new technologies and data. As scholars lament gaps between law and...
The history of public policy is littered with failures to solve large-scale social problems using interventions derived from behavioral science...
Large language models (LLMs) now perform extremely well on many natural language processing tasks. Their ability to convert legal texts to data may...
Privacy is a key issue in AI regulation, especially in a sensitive area such as healthcare. The United States (US) has taken a sectoral approach to...
The 2024 edition of Selected Intellectual Property, Internet, and Information Law, Statutes, Regulations, and Treaties, edited by Professors Sharon K...
Fifty years ago, federal and state lawmakers called for the regulation of a criminal justice “databank” connecting federal, state, and local agencies...
The use of autonomy to initiate force, which states may begin to view as necessary to protect against hypersonic attacks and other forms of ‘hyperwar...
In an era of supposed great equality, women are still falling behind in the workplace. Even with more women in the workforce than in decades past...
Countries hit by unexpected crises often look to their overseas diasporas for assistance. Some countries have tapped into this generosity of their...
This chapter provides an overview of computational text analysis techniques used to study judicial behavior and decision-making. As legal texts become...
The Law of the Police, Second Edition provides materials and analysis for law school classes on policing and the law. It offers a resource for...
Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...
A crucial first step in addressing intimate-image abuse is its proper conceptualization. Intimate-image abuse amounts to a violation of intimate...
This chapter studies political corruption and its many relationships to the law of democracy. It begins with bribery laws, which forbid officials from...
On January 1, 2022, the most radical change to the American jury in at least thirty-five years occurred in Arizona: peremptory strikes, long a feature...
There is concern that present-biased agents incur too much debt because of its deferred costs – concern that has influenced regulation of consumer...
Lenders are perfectly free to decide for themselves whether, when, how, to whom and on what terms they will extend credit to a sovereign borrower. But...
False information causes harm, threatening individuals, groups, and society. Many people struggle to judge the veracity of the information around them...