State Cybercrime Legislation in the United States of America: A Survey

Authors

Susan W. Brenner

Abstract

In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.

Recommended Citation

Susan W. Brenner, State Cybercrime Legislation in the United States of America: A Survey, 7 Rich. J.L. & Tech 28 (2001).
Available at: https://scholarship.richmond.edu/jolt/vol7/iss3/4