It is my pleasure to be sought out by law students on occasion wishing my advice on a great law journal note to write as part of their journey through law school. Last week, I was asked about the recent announcement of indictments against Chinese government employees for computer hacking. What were the tough issues that an aspiring digital lawyer could analyze?
In our exchange, we looked at various angles—international law, “minimum contacts” for criminal law enforcement, and sovereign immunity were just three. But then we confronted another question: what would be the evidence used to prove, beyond a reasonable doubt, the conduct that was the basis for the indictment?
It became quickly clear that the only evidence that was … Read More