Criminal Law and Technology
- Eldar Haber & Rotem Kadosh-Nussbaum, Facial Recognition in Predictive Policing (35 Bar-Ilan Law Review, 2023)
This article examines the integration of facial recognition technologies in predictive policing, analyzing their legal foundations, accuracy limitations, and the resulting implications for privacy, discrimination, and due process. It highlights concerns about the reliability of these systems, particularly regarding biases and errors that can worsen racial profiling. The legal framework remains fragmented and often lags behind technological advances, raising critical issues for civil liberties and equitable law enforcement. Ultimately, the article urges careful regulation to address these complex risks and safeguard fundamental rights.
- Eldar Haber, The Law of the Trojan Horse, (57 UC Davis Law Review 1667, 2024)
This work reconceptualizes the classical doctrine of deception and unlawful intrusion in light of digital infiltration techniques, offering a theoretical and normative framework for criminal liability in cases of malicious code and cyber manipulation. The article explores how traditional legal concepts are challenged by cyber offenses that exploit vulnerabilities through deception, analyzing the evolving boundaries of intrusion in cyberspace. It formulates principles for assigning liability when digital actions bypass consent or protection, aiming to better align law with contemporary technological threats.
- Eldar Haber, The Criminal Metaverse, (99 Indiana Law Journal 843, 2024)
This article examines how criminal behavior, jurisdiction, and enforcement operate in immersive and virtual spaces, discussing the adaptation of criminal law to the metaverse and related technologies. It analyzes new types of offenses within digital environments, explores cross-border challenges, and addresses how legal systems must evolve to respond to acts carried out in virtual reality. The work suggests innovative regulatory approaches to protect users and maintain justice in these spaces.