Cyberterrorism and the Public Safety Exception to Miranda

Authors

Mitch Snyder, Penn State Dickinson LawFollow

Abstract

Cyberattacks against U.S. targets are becoming increasingly common. To effectively combat these attacks, law enforcement officers need the tools to respond to and prevent cyberattacks before they can occur.

In recent years, hackers have launched cyberattacks against infrastructural targets such as power grids, oil and gas distribution computer systems, and telecommunications networks. Cyberattacks have also targeted U.S. government websites, including the U.S. Department of Transportation and the U.S. Department of Treasury. Recently, a cyberattack against SolarWinds, a Texas-based I.T. company, compromised the computer and network systems of federal, state, and local governments; critical infrastructure entities; and other private sector organizations.

To put law enforcement in the most effective position to combat acts of cyberterrorism, courts should adopt a broad approach when applying the Public Safety Exception to Miranda. This approach gives law enforcement the necessary tools to successfully respond to and prevent acts of Cyberterrorism while respecting the principles at the heart of the Public Safety Exception.

This Comment outlines the existing Public Safety Exception precedent, discusses its application to traditional acts of terrorism, and advocates for the adoption of a broad approach when applying the Public Safety Exception to acts of cyberterrorism.

Recommended Citation

Mitch Snyder, Cyberterrorism and the Public Safety Exception to Miranda, 126 Dick. L. Rev. 339 (2021).
Available at: https://ideas.dickinsonlaw.psu.edu/dlr/vol126/iss1/13