Event / Presentation Title

12TH ANNUAL ADFSL CONFERENCE ON DIGITAL FORENSICS, SECURITY AND LAW/Defining a Cyber Jurisprudence

Proposal / Submission Type

Peer Reviewed Paper

Abstract

Abstract. Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature of cyber law and its challenges, a significant body of scholarly contributions to the discussion is lacking. Focus, in the main, is on the practical aspects of cybercrime rather than the theory, philosophy and science of cyber law generally. We seek to define, as a contribution to the discussion, the jurisprudential aspects of thinking about cyber law. Specifically, we seek to develop a broad measuring stick that can be applied to cybercrime as well as to legal constructs outside of cybercrime (tort, contract, international, etc.). This paper sets the foundational starting point for the research in progress by establishing a context for cyber jurisprudence.

Keywords— cyber, crime, tort, jurisprudence, law, cyber law, cybercrime, cyber science

Comments

This is foundational paper for a research project expected to last two years and that has been in progress already for at least two years so far.

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12TH ANNUAL ADFSL CONFERENCE ON DIGITAL FORENSICS, SECURITY AND LAW/Defining a Cyber Jurisprudence

Abstract. Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature of cyber law and its challenges, a significant body of scholarly contributions to the discussion is lacking. Focus, in the main, is on the practical aspects of cybercrime rather than the theory, philosophy and science of cyber law generally. We seek to define, as a contribution to the discussion, the jurisprudential aspects of thinking about cyber law. Specifically, we seek to develop a broad measuring stick that can be applied to cybercrime as well as to legal constructs outside of cybercrime (tort, contract, international, etc.). This paper sets the foundational starting point for the research in progress by establishing a context for cyber jurisprudence.

Keywords— cyber, crime, tort, jurisprudence, law, cyber law, cybercrime, cyber science