he Legal System Response to Technological Advancements
Derek Beckham

It is a well-known fact that our legal system has difficulties keeping pace with advancements in technology. By the time that a new regulation is finally approved, the crime has already evolved to the point of making the regulation obsolete. It is comparable to the FDA’s battle with designer drugs. By the time they ban a specific substance, chemists have already created a similar substance not covered under the FDA’s regulation and the cycle continues. Our lawmakers simply cannot keep pace with the current happenings in cybercrime. According to Cyber Stalking and Cyber Harassment Legislation in the United States, most “states still have substantial gaps in the creation and implementation of legislation that fills the cracks created by the incorporation of the Internet into everyday life.” [1] As technology evolves, cybercrime evolves with it.

I believe the issue can be broken down into two main parts. One, it takes lawmakers too long to pass any meaningful legislation. Two, they do not understand the constantly evolving nature of the underlying technology. To solve issue one, lawmakers would need to pass meaningful legislation targeting cybercriminals. They could do this quickly if they wanted to, but it always seems to be placed on the back burner. I think that has a lot to do with the second issue. They do not understand technology so they cannot comprehend the severity of the issue. The average age of members of the United States House of Representatives is 58. The average age of Senators is 63. These people did not grow up using these types of technologies and it does not seem like they have made the effort to learn. WE need to take the issue of cybercrime more seriously and training is crucial. Payne and Hadzhidimova recommend that we “promote the expansion of cybercrime and cybersecurity programming. From developing general education cybercrime classes to developing cybercrime majors and minors to developing certificates and degree programs, many opportunities exist for better connecting criminal justice and cybersecurity. “ [2] This type of focus would guarantee that new generations are exposed to the dangers posed by cybercriminals and are qualified to handle them effectively.

As I mentioned above, training is crucial. While younger generations will be well equipped to deal with the threat of cybercrime, the current generation of lawmakers is not. In order to respond more rapidly to advancing cyberthreats, lawmakers need to understand the threat. I do not expect any of our current senators to enroll int the Cybersecurity program at ODU. I do not think that would be an affective use of anybody’s time. What I expect them to do is to take advice from trained professionals in the industry on how to manage these threats. That is really the bare minimum and all that I can expect from them at this point.

In order to reduce the lag between meaningful legislature and cybercrime, I recommend extensive training in the subject in order to understand the severity of the threat. Not for the current lawmakers themselves but for someone that they would listen to. I am sure that some of them have advisors dedicated to cybercrime but I does not feel like their voices are heard. I would also recommend more specific laws targeting cybergangs. According to Payne, “cybergangs come together because of their expertise, communicate online, maintain online reputations, cover the entire globe, and are typically driven by profit” [3] I believe cybergangs are one of the most serious threats in regard to the damage that they can do. Most of the serious attacks we have we have seen have been credited to cybergangs. If our laws continue to lag behind their continuous advancements then there will be no limit to the damage they will be able to do.

References
Hazelwood, Steven D., and Sarah Koon-Magnim. Cyber Stalking and Cyber Harassment Legislation in the United States: A Qualitative Analysis, 2013, https://www.cybercrimejournal.com/hazelwoodkoonmagninijcc2013vol7issue2.pdf. [1]

Payne, Brian K., and Lora Hadzhidimova. “Cybersecurity and Criminal Justice: Exploring the Intersections.” Criminal Justice Studies, vol. 29, no. 2, 2016, pp. 89–91., https://doi.org/10.1080/1478601x.2016.1170283. [2]

Payne, Brian K., et al. “Using Labeling Theory as a Guide to Examine the Patterns, Characteristics, and Sanctions given to Cybercrimes.” American Journal of Criminal Justice, vol. 44, no. 2, 2018, pp. 230–247., https://doi.org/10.1007/s12103-018-9457-3. [3]