Abstract
A response to Professor Steven Koh's new article on how the U.S. makes global criminal justice policy. Prof. Fidler examines what a decade of cybercrime indictments reveals about America's approach to prosecuting foreign hackers. Three things stand out: * Beyond Attribution - These indictments aren't just about naming and shaming, or about the typical dimensions of criminal alw. They're sophisticated foreign policy tools that coordinate and moderate international sanctions and global norms. * Intertwined with Cooperation - The indictments alternately create space for and slow the tempo of international cooperation on this issue, according to U.S. interests. * Power Projection - By relying on existing criminal statutes rather than new treaties, the U.S. maintains control over the narrative and resists alternative frameworks like the UN Cybercrime Convention backed by Russia and China.
Department
Law
Publication Date
12-2025
Journal Title
Boston University Law Review
Publisher
Boston University School of Law
Document Type
Article
Recommended Citation
Mailyn Fidler, Response: Foreign Affairs Presecutions and Cybercrime, 105 BU Law Rev. 1857 (2025).
Included in
Computer Law Commons, Criminal Law Commons, International Law Commons, Science and Technology Law Commons