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Government Hacking
Mayer, Jonathan
Mayer, Jonathan
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Abstract
The United States government hacks computer systems for law enforcement purposes. As encryption and anonymization tools become more prevalent, the government will foreseeably increase its resort to malware. Law enforcement hacking poses novel puzzles for criminal procedure. Courts are just beginning to piece through the doctrine, and scholarship is scant. This Article provides the first comprehensive examination of how federal law regulates government malware.