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CAREER COUNSELOR’S CORNER
Online crime fighters [Tom Stabile] Schools add cybercrime classes, chasing a fast-moving practice area
Orin Kerr is a bona fide cybercrime veteran.
evolving on prosecution of modem hijacking,
mends these courses as a first stab. And he
Never mind that he graduated from law
pyramid scams, consumer fraud and other
says the DOJ’s expansion of cybercriminal
school in 1997 and two years later - as a trial
online crimes.
prosecuting teams is likely to have a ripple
attorney in the U.S. Department of Justice
effect in the job market.
(DOJ) computer crime section - wrote a
“For instance, who carries the burden for
manual on cybercrime prosecution.
keeping Web sites legal and clean?” she
“Computer crime cases are sufficiently dif-
asked. “Is it the Internet service provider?
ferent from drug cases or gun cases that it’s
Now, he’s on the George Washington Univer-
Is it the individual who creates the site? Is it
worth having people who specialize in it,” he
sity Law School faculty in Washington, D.C.,
the user?
said.
Those are issues that to a certain point have
Though many state attorney general or
been litigated, but there’s no hard and fast
district attorney offices have computer crime
rule, no black letter law.”
specialists, few are large enough to have
teaching a cybercrime course and writing a casebook for the subject, which lacks one. Kerr’s fast-moving career mirrors how
dedicated units that would bring in recent
cybercrime is shooting through the profession and J.D. curriculums. He estimates the
Kerr says though the foundation is traditional
tally has jumped from two courses in 1999 to
criminal law, computer crime is clearly a
ly, says Abigail Abraham, an Illinois assistant
about 35 today, complementing the spread of
niche.
state’s attorney based in Chicago.
“The fact patterns are so different and the
Alig found that out during his job search, so
technology is so different that a lot of the
he is focusing for now on practicing intel-
legal issues change,” he said.
lectual property law in hopes of landing with
graduates. That will change slowly but sure-
computer prosecution units to DOJ satellite offices nationally. It’s still a young field, with many professors teaching as adjuncts and a limited circle of experts. Kerr says that will change.
DOJ somewhere down the road. Likewise, That novelty gives courses an air of entre-
Pratscher is hoping to eventually translate
preneurship. At the University of Dayton
her cyberlaw experience into a fraud-crack-
“I think in another two years with new case-
School of Law in Ohio, Susan Brenner’s
ing position with the Federal Trade Commis-
books out there, it makes it easier for a fac-
online cybercrime seminar asks students to
sion.
ulty member to pick up the field,” he said. “I
write a model code of computer criminal law
think within another decade, computer crime
topics. Wesly Alig, who took the seminar and
Abraham, who is also an adjunct professor
courses will expand to most law schools.”
later served as a teaching assistant before
teaching a cybercrime class at the University
graduating last year, says he and classmates
of Chicago Law School, recommends that
Students concur on cybercrime law’s
were exploring where few attorneys had gone
students interested in the specialty first build
prospects, since it differs significantly from
before.
a solid foundation of litigation and trial skills. But taking a cybercrime class now may help
traditional criminal or intellectual property law courses.
“We use the threaded discussion to study all
today’s students stand out later in their
of the different issues with each other and
careers.
Peggy Pratscher, who earned her J.D. last
with the professor and specialists she lined
year from John Marshall Law School in
up from around the world,” he said.
“I don’t think that taking a class in law school is likely to catapult you into a position today,
Chicago and is pursuing an Information Technology LL.M. there, says the cyber-
For the students who would like to pursue
but it certainly would be an expression of
fraud seminar she took plumbed how law is
cybercrime law as a career, Kerr recom-
interest,” she said.
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CAREER COUNSELOR’S CORNER
This story appeared in the January 2003 edition of The National Jurist, www.nationaljurist.com.
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