Awaiting attack
fort.” And with little regard “Companies work to boundaries. with others,” she said, “This is a very complaWith law enforcement “essentially cybercent country,” Susan Brenner response to cybercrime, mercenaries who could said. “Europe is not. They’ve Frankian said, “there is no counterattack. But an been attacked, invaded and time for strategy or analy‘eye-for-an-eye’ could bombed by neighbors. We’ve sis. An attack can come become cyberwar.” gotten used to being bordered from anywhere. And you That’s partly because by Mexico and Canada.” don’t see it coming.” finding the target can And having a big ocean At the same time, be difficult. The hacker on each side and the world’s “cybercrime has not in the Rome Labs most powerful air force altered people’s inclinacase, Brenner pointed overhead can also bolster our tion,” Brenner wrote, “to out, “routed his attack feeling of security. rape, rob or kill in the through a North Korean Brenner does not worry, however, about the country being physireal world.” Added to nuclear facility. Hacking cally invaded but about its citizens being the victims of cyberattacks the increased quantity of back would have attacked launched by criminals, often from the security of havens in rogue states. crimes are enforcement that.” “It’s amazing how vulnerable we are,” said Aaron Wiener ’14 (picdifficulties peculiar to Frankian, in her tured above), a student this past fall in Susan Brenner’s Cybersecurity cybercrime. The police research this past term, and National Security Law class. “Security is expensive, and the threat is often aren’t involved looked at an alternative not perceived.” until well after the crime to counterattack: empowEven before entering UDSL, however, Wiener began trying to spread is committed and the trail ering the government to awareness of the threat and do something to improve defenses against it. has become cold. Evidence help companies establish “Accountants often send unsecured email and faxes,” he said, “an is fragile and volatile. And a good defense. She identity thief ’s dream come true.” the hesitancy to report cyenvisions the possibility Wiener, who was a communication major at the University of Illibercrime makes establishof an overarching federal nois, joined forces with friends who were knowledgeable about accounting patterns different. agency not only to reguing to found DocPalApp.com, an application that provides accountants What can be done? late, she said, but also “to a secure way to transmit documents. He hopes that the app having been Brenner noted that reach out to businesses, developed specifically for accountants will give it a market edge over efforts have been made financial institutions and more generic devices. by several organizations. utilities to see where they Whatever method accountants or other business people choose, “we International studies of are vulnerable, to see have to say to citizens,” Brenner said, “protect yourselves. And a lot of cybercrime have been what they need in case of businesses are coming to realize this.” done since the 1980s. The cyberattack.” Council of Europe drafted Such an approach a cybercrime treaty to may not be as grand a harmonize national laws. The United Naplan as rewriting laws in some 200 nations Some solutions offered to combat cytions passed a resolution. The G8 and other or hiring bands of mercenary hackers, but bercrime do not focus on the law. Frankian groups of nations have called for consistent as Brenner wrote, “Encouraging cybercrime this year did research on cyberdefense. The laws. prevention is not a particularly exciting option of offensive measures (“hacking But because of nations’ concerns for strategy, but it would probably make cyberback”), though illegal, has recently gained their sovereignty, it is unlikely they will criminals’ lives more difficult [and] it could momentum and is supported by U.S. cede power to a central policing agency. increase the effectiveness of law enforcecompanies who have been the victims of INTERPOL, for example, has a cybercrime ment efforts.” destructive and costly cyberattacks. initiative but focuses on supporting law enforcement at the national level. A treaty, the Convention on CyberFor further reading crime, was in 2001 presented to countries Students set up a fake social media account in the name of their assistant principal. They use for ratification. By the time of Brenner’s the account to invite children to communicate with, the children think, the assistant principal. The 2010 book, it had been signed by 46 counchildren are then bombarded with porn. tries and ratified by 20, the United States The assistant principal sues in federal court. and 19 European countries. Russia refused He loses. to sign it. And many countries aren’t just After all, the judge noted, even Facebook admitted that nearly 10 percent of its users were “dupassively opposed; some operate like the plicates, false or undesirable.” island havens for sea-going pirates of the The assistant principal “can presumably try suing in state court,” Susan Brenner wrote in her blog 1600s. Having your nation’s banking operaCYB3RCRIM3 (cyb3rcrim3.blogspot.com), where she has analyzed that case and hundreds of others in tions secret may not be something pleasdetail. ing to other nations — but it can be very Brenner, Samuel A. McCray Chair in Law, has also published several books and journal articles on profitable. cybercrime (see www.udayton.edu/directory/law/brenner_susan.php).
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DAYTON LAWYER
SPRING 2014