September 16, 2014
The Richmond Journal of Law and Technology is proud to present the final issue of the Twentieth Volume. First published in 1995, JOLT isthe world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection oftechnology and the law. With this goal in mind, we are proud to announce the publication of the following articles.
In our first article, “Cyber Security Active Defense: Playing with Fire or Sound Risk Management,” Sean L. Harrington delves into the aggressive tactics taken by some to counter cyberattacks. Harrington describes numerous active defense tools used by individuals, governments, and corporations alike to “hack back” against potential attackers. While describing their potential value, he notes the variety of dangers presented by active defense, including potential civil and criminal liability, professional discipline, the moral dubiousness of such actions, and inevitable escalation. With these dangers in mind, Harrington concludes by describing alternatives that are designed to reduce vulnerabilities presented by active defense while providing necessary protection against cyber attacks.
In our second article, entitled “Virtual Currencies Bitcoin & WhatNow After Liberty Reserve, Silk Road, and Mt. Gox?,” Lawrence Trautman provides a detailed discussion about the regulation of virtual currencies in a rapidly evolving digital market. The article explores the link between these virtual currencies and the crimes that are perpetuated with the aid of the currencies’ anonymity feature. Trautman acknowledges that while advancements in technology create endless beneficial opportunities for improving the health and wellbeing of mankind, the challenges it poses to regulators and law makers are worthy of considerate attention.
Our final article, written by Taylor Linkous and entitled “It’s Time for Revenge Porn to Get a Taste of Its Own Medicine: An Argument for the Federal Criminalization of Revenge Porn,” is the winner of the 2014 JOLT Student Comment Competition. Linkous details the rise and spread of “revenge porn” and its negative effects. She describes civil remedies available to victims as well as federal and state criminal laws that may apply to those who create, provide, or distribute revenge porn. After evaluating these present options, she determines that they are inadequate. Instead, Linkous argues that a federal law criminalizing revenge porn is necessary to protect the rights and privacy of victims.
On behalf of the entire 2013-2014 JOLT staff, I want to thank you for your continued readership. It has been a pleasure to work with the authors throughout this volume and in addition see readers’ contributions to the discussion of these highly relevant topics. It is my sincere hope that these articles will continue to drive both discussion as well as advancements in the law and in practice. JOLT also appreciates the continuing support from the University of Richmond School of Law community, particularly the guidance we receive from our faculty advisors, Professors Chris Cotropia and Jim Gibson.
As always, your comments and suggestions are welcome at jolt.richmond.edu. I encourage you to check back often, as the JOLT staff is hard at work at new, exciting content for the coming academic year.
Benjamin R. Fox
12. Cyber Security Active Defense: Playing with Fire or Sound Risk Management by Sean L. Harrington
13. Virtual Currencies Bitcoin & WhatNow After Liberty Reserve, Silk Road, and Mt. Gox? by Lawrence Trautman