edited by Stuart P. Green
Theft
claims more victims and causes greater economic injury than any other criminal
offense. Yet theft law is enigmatic, and fundamental questions about what
should count as stealing remain unresolved - especially misappropriations of
intellectual property, information, ideas, identities, and virtual property. In
"Thirteen Ways to Steal a Bicycle", Stuart Green assesses our current
legal framework at a time when our economy increasingly commodifies intangibles
and when the means of committing theft and fraud grow ever more sophisticated.
Was it theft for the editor of a technology blog to buy a prototype iPhone he
allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was
it theft for doctors to use a patient's tissue without permission in order to
harvest a valuable cell line? For an Internet activist to publish tens of
thousands of State Department documents on his Web site? In this full-scale
critique, Green reveals that the last major reforms in Anglophone theft law,
which took place almost fifty years ago, flattened moral distinctions, so that
the same punishments are now assigned to vastly different offenses.
Unreflective of community attitudes toward theft, which favor gradations in
blameworthiness according to what is stolen and under what circumstances, and
uninfluenced by advancements in criminal law theory, theft law cries out for
another reformation - and soon.