Cyberspace presents a new forum for criminal activity, including the distribution of child pornography. Law enforcement has responded with creative undercover techniques to catch on-line pedophiles and other lawbreakers. But who is policing the police? This Note applies existing entrapment law to police deception in this novel setting, discusses the current state of the law, and demonstrates that the judicially created doctrine is inadequate to curb police abuses. It suggests that legislative action is needed to modify entrapment law to accommodate the special aspects of cyberspace, and identifies the threshold issues which such legislation must address.
Caught in the Web: Entrapment in Cyberspace,
19 Hastings Comm. & Ent. L.J. 157
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol19/iss1/6