Susan W. Brenner

Samuel A. McCray Chair in Law
Full-Time Faculty
School of Law

Profile

Susan W. Brenner is NCR Distinguished Professor of Law and Technology at the University of Dayton School of Law. She specializes in two distinct areas of law: grand jury practice and cyberconflict, i.e., cybercrime, cyberterrorism and cyberwarfare.

In 1996, Professor Brenner and then Assistant U.S. Attorney Gregory Lockhart published Federal Grand Jury: A Guide to Law and Practice, which was a treatise addressing the various aspects of grand jury practice in the federal system. The book went into a second edition in 2007. Professor Brenner is also the author of a law review article dealing with state grand jury practice and the chapter, “The Grand Jury Speaks,” that will appear in Grand Jury 2.0. Grand Jury 2.0, which is edited by Professor Roger Fairfax of the George Washington University School of Law, will be published by Carolina in October 2010.

Professor Brenner has spoken at numerous events, including two Interpol Cybercrime Conferences, the Middle East IT Security Conference, the American Bar Association’s National Cybercrime Conference and the Yale Law School Conference on Cybercrime. She spoke on cyberthreats and the nation-state at the Department of Homeland Security’s Global Cyber Security Conference and participated in a panel discussion of national security threats in cyberspace sponsored by the American Bar Association’s Standing Committee on Law and National Security. In 2009, she spoke at a meeting on cyberthreats organized by the U.S. Department of State Bureau of Intelligence and Research & National Intelligence Council. She has also spoken at a NATO Workshop on Cyberterrorism in Bulgaria and on terrorists’ use of the Internet at the American Society of International Law conference. She was a member of the European Union’s CTOSE project on digital evidence and served on two Department of Justice digital evidence initiatives. Professor Brenner chaired a Working Group in an American Bar Association project that developed the ITU Toolkit for Cybercrime Legislation for the United Nation’s International Telecommunications Union. She is a senior principal for Global CyberRisk, LLC.

Professor Brenner is a member of the American Academy of Forensic Sciences. She has published a number of law review articles dealing with cybercrime. In 2010, Praeger published her most recent book, Cybercrime: Criminal Threats from Cyberspace. She also writes a blog, CYB3RCRIM3.

Courses Taught

LAW 6107 Criminal Law
LAW 6112 Criminal Procedure
LAW 6215 Advanced Criminal Law
LAW 6924 Capstone: Cybercrime

Degrees

J.D., Indiana University (Bloomington), 1981
M.A., Kent State University, 1971
B.A., Southwestern Oklahoma State University, 1968

Areas Of Law

Criminal Law
Cybercrimes

Selected Publications

Research and scholarship available at SSRN »

Cybercrime and the Law: Challenges, Issues, and Outcomes (Northeastern University Press, 2012).

Cybercrime: Criminal Threats from Cyberspace (Praeger, 2010).

Cyberthreats: The Emerging Fault Lines of the Nation State (Oxford University Press, 2009).

Fantasy Crime, 11 Vanderbilt Journal of Technology and Entertainment Law 1 (2008).

Law in an Era of “Smart” Technology (Oxford University Press, 2007).

State-Sponsored Crime: The Futility of the Economic Espionage Act, 26 Houston Journal of International Law 1 (2006).

Distributed Security: Preventing Cybercrime, John Marshall Journal of Computer and Information Law (with Leo Clarke, 2006).

Law in an Era of Pervasive Technology, Widener Law Journal (2006).

Cybercrime Jurisdiction in Crime, Law and Social Change, published in Crime, Law and Social Change (2006).

Fourth Amendment Protection for Shared Privacy Rights in Stored Transactional Data, Journal of Law and Policy (with Leo L. Clarke, 2006).

Digital Evidence: Computer Simulations and Animations, Computer & Telecommunications Law Review (2005).

Requiring Protocols in Computer Search Warrants, Digital Investigation (2005).

Distributed Society: Moving Away From Reactive Law Enforcement, published in both the International Journal of Communications Property and the Yale Journal of Law and Technology (2004).

Cybercrime Metrics: Old Wine, New Bottles?, 9 Virginia Journal of Law & Technology 13 (2004).

Approaches to Cybercrime Jurisdiction, 4 Journal of High Technology Law 1 (with Bert-Jaap Koops, 2004).

Cybercrime Law: Defining Offenses, 6 Information Systems Frontiers (2004).

Toward a Criminal Law for Cyberspace: A New Model of Law Enforcement? 30 Rutgers Computer & Technology Law Journal (2004).

Toward a Criminal Law for Cyberspace: Distributed Security, 10 Boston University Journal of Science & Technology Law (2004).

Efforts to Develop Transnational Legal Standards Governing Cybercrime: The Council of Europe and the G8, 1 GCC Legal Journal 8, State of Qatar (2003).

Grand Juries: The Sword and the Shield, Case in Point: California Continuing Education for the Bar (2003).

A Survey and Assessment of National and Transnational Efforts to Harmonize Cybercrime Law, Interpol Computer Crime Manual (2003).

The Challenges of Cybercrime, United Nations Interregional Crime & Justice Research Institute Journal 14 (with Marc Goodman, 2002).

Cybercrime Statutes and Case Law, Chapter 15 in Data Privacy and Electronic Security (West Publishing 2002).

Media Expertise