Criminal Law in Cyberspace Page 6 Two features of cyberspace, however, suggest that these burden-shifting strategies will be difficult. The first, which borrows from the New Economy jingo of Network effects, " contends that interconnectivity is an important goal that should not be sacrificed lightly. If victims and ISPs are forced to take precautionary measures-from building strong firewalls to forgoing communication with risky computer systems-it may diminish the value of the Internet. A strong public law enforcement presence necessary to prevent the Net from fragmenting into small regions accessible only to subsets of trusted users with passkeys. A second feature that limits burden-shifting arises because of the asymmetric incentives between ISPs and their users. Because an isP derives little util ity from providing access to a risky subscriber, a legal regime that places liability on an IsP for the acts of its subscribers will quickl lead the IsP to purge risky ones from its system. ISPs, as private entities, face no constitutional constraints and little public accountability, the results of ISP liability may be unfair and risk undermining the Net's benefits Third, and more generally, a host of thorny problems arise because most activities that occur cyberspace are invisible to third parties-and sometimes even to second parties, such as the very website that is being hacked In a type of space where crimes are invisible, strategies that focus on trying to prevent crime by maintaining public order, such as Broken Windows Policing, are of limited utility(though some insights can be adapted to cyberspace). Social norms cannot operate as effectively to prevent crime on the Net, for its users are not necessarily constrained by the values of realspace nor can norms sometimes be enforced as easily as they can in realspace On the other side of the ledger, the danger of overly aggressive law enforcement is multiplied in yberspace. Each new major cybercrime leads law enforcement to push for changes to the technical infrastructure to create better monitoring and tracing. If these codes are hidden in private hardware andCriminal Law in Cyberspace Page 6 Two features of cyberspace, however, suggest that these burden-shifting strategies will be difficult. The first, which borrows from the New Economy jingo of “Network effects,” contends that interconnectivity is an important goal that should not be sacrificed lightly. If victims and ISPs are forced to take precautionary measures–from building strong firewalls to forgoing communication with risky computer systems–it may diminish the value of the Internet. A strong public law enforcement presence is necessary to prevent the Net from fragmenting into small regions accessible only to subsets of trusted users with passkeys. A second feature that limits burden-shifting arises because of the asymmetric incentives between ISPs and their users. Because an ISP derives little utility from providing access to a risky subscriber, a legal regime that places liability on an ISP for the acts of its subscribers will quickly lead the ISP to purge risky ones from its system. ISPs, as private entities, face no constitutional constraints and little public accountability; the results of ISP liability may be unfair and risk undermining the Net’s benefits. Third, and more generally, a host of thorny problems arise because most activities that occur in cyberspace are invisible to third parties–and sometimes even to second parties, such as the very website that is being hacked. In a type of space where crimes are invisible, strategies that focus on trying to prevent crime by maintaining public order, such as Broken Windows Policing, are of limited utility (though some insights can be adapted to cyberspace). Social norms cannot operate as effectively to prevent crime on the Net, for its users are not necessarily constrained by the values of realspace nor can norms sometimes be enforced as easily as they can in realspace. On the other side of the ledger, the danger of overly aggressive law enforcement is multiplied in cyberspace. Each new major cybercrime leads law enforcement to push for changes to the technical infrastructure to create better monitoring and tracing. If these codes are hidden in private hardware and