Marquette University Law School Faculty Blog

Is Electronic Snooping OK If You Have Good Intentions?

Post author:Bruce E. Boyden
Post published:August 6, 2013
Post category:Computer Law Public

the conversation Should journalists or security researchers be able to access your home network and change settings without your permission, or snoop on your email and web browsing traffic, in order to further their research? I would think the answer is obviously no, even if the research is legitimate. But two stories that ran last week seem to be expressing dismay at restrictions placed on journalists or security researchers by the Computer Fraud and Abuse Act that allegedly prohibit them from doing exactly that. The issue is significant because, in the wake of several controversial prosecutions (Lori Drew, Aaron Swartz, Andrew Auernheimer (a/k/a “weev”)), there is considerable pressure building to amend the CFAA. I think it would be a serious mistake to amend the CFAA, or any other electronic intrusion statute, to permit journalists or security researchers — or possibly anyone describing themselves as such, such as bloggers or hobbyists — from accessing poorly secured home networks or private communications just out of curiosity.

Here’s Forbes privacy blogger Kashmir Hill on a security flaw in a home automation system:

Welcome, August Bloggers

Post author:Michael M. O'Hear
Post published:August 1, 2013
Post category:Public

Our guest bloggers in August are Ryan Gehrke ’11 and 3L Brittney Steele. Many thanks to our July guests, Kelli Thompson ’96 and 3L Steven Elmer.

Second Chance for Juveniles: Raising the Age of Juvenile Court Jurisdiction in Wisconsin

Post author:Kelli Thompson
Post published:July 31, 2013
Post category:Criminal Law & Process Public

Under current Wisconsin law, an individual charged with a crime is under the jurisdiction of juvenile court only if he or she is younger than 17. For several years, legislation intended to increase this age to 18 has been introduced, but has not been passed by the legislature . . . yet.

This legislative session, a new effort is underway to treat children under 18 as juveniles if they have not been previously adjudicated delinquent, they have not been convicted of a crime, or they are presently charged with a non-violent offense. Research and experience has shown that harsher criminal sanctions do not break the cycle of recidivism and that the consequences of a criminal record are detrimental to the future development and success of children. Returning 17-year-olds to the juvenile justice system is more likely to have a better outcome for both the child and our society as a whole.

The biggest impediment to making this change has been the fiscal impact to counties, which pay the costs of juvenile detention. The current draft legislation seeks to mitigate the fiscal impact while beginning the process of more appropriately treating juveniles in the criminal justice system.