Document Type

Dissertation (one of three articles)

Degree Name

Doctor of Juridical Science (SJD)

Publication Title

Washburn Law Journal

Award/Publication Date

2018

Advisor/Supervisor

Professor Thomas Lee

Committee Members

Professor Youngjae Lee; Professor Sean Griffith

Keywords

Global-Digital Crime, Global Regulation, Duty to Report Crime, Mutual Vertical Cooperation, Horizontal Accountability, Vertical Accountability, Proportionality to Privacy and Reputational Harm.

Abstract

Crimes in the current global-digital era increasingly defy purely domestic “duty to report crime” laws which obligate a wide range of private actors to report for crime deterrence. The characteristics of such crimes take the form of multinational networks of criminals exploiting digitalized services. Domestic laws and enforcement institutions are quite simply inadequate to deter the full-range of global-digital crimes.

Global regulations have emerged to effectuate the domestic regulations of “duty to report crime,” but this type of horizontal cooperation at the state-to-state level alone fails to ensure optimal efficiency of crime deterrence in the modern era. This paper provides rationales for this failure and recommends mutual vertical cooperation between chokepoint private actors reporting crime to the state (“bottom-up”) and the state providing the required information to the chokepoint private actors (“top-down”). It further sets out a legislative blueprint for the global regulation of a “duty to report crime” and suggests three key criteria, all of which must be met for the global regulation to be justified as feasible and legitimate: horizontal accountability, vertical accountability, and proportionality to privacy/reputational harm.

Comments

Names of supervisor and committee members provided by author via email.

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