Law Commons^™

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Cyberattacks And The Covert Action Statute: Toward A Domestic Legal Framework For Offensive Cyberoperations, Aaron P. Brecher

Michigan Law Review

Cyberattacks are capable of penetrating and disabling vital national infrastructure, causing catastrophic economic harms, and approximating the effects of war, all from remote locations and without the use of conventional weapons. They can be nearly impossible to attribute definitively to their sources and require relatively few resources to launch. The United States is vulnerable to cyberattacks but also uniquely capable of carrying out cyberattacks of its own. To do so effectively, the United States requires a legal regime that is well suited to cyberattacks' unique attributes and that preserves executive discretion while inducing the executive branch to coordinate with Congress. …

Playing The Mysterious Game Of Online Love: Examining An Emerging Trend Of Limiting § 230 Immunity Of The Communications Decency Act And The Effects On E-Dating Websites, Matthew Altenberg

Pace Law Review

No abstract provided.

Beware Of The Highwayman On The Information Superhighway: A Balanced Proposal To Protect Copyrights Within The National Information Infrastructure, Chandra Gehri Spencer

Pepperdine Law Review

No abstract provided.

Wet Footprints? Digital Watermarks: A Trail To The Copyright Infringer On The Internet, Rosemarie F. Jones

Pepperdine Law Review

No abstract provided.

Commercial Access Contracts And The Internet: Does The Uniform Computer Information Transactions Act Clear The Air With Regard To Liabilities When An On-Line Access System Fails?, Morgan Stewart

Pepperdine Law Review

No abstract provided.

Internet-Based Fans: Why The Entertainment Industries Cannot Depend On Traditional Copyright Protections , Thomas C. Inkel

Pepperdine Law Review

No abstract provided.

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A Modest Proposal For Human Limitations On Cyberdiscovery, Richard Esenberg

Florida Law Review

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery rules that seek the perfection of preserving and producing all potentially pertinent information have become the enemy of the good. This article calls for a more pragmatic—and modest—approach.

The Protection Of Consumers’ Rights And The Application Of Criminal Law In The Unlawful Operation Of Services And Content Service Applications, Edmon Makarim

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as setf orth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper presents an algorithm for comparing large numbers of traces to each other and identifying and presenting groups of traces with similar features. It is applied to forensic analysis in which groups of similar traces are automatically identified and presented so that attribution and other related claims may be asserted, and independently confirmed or refuted. The approach of this paper is to identify an approximate algorithm that will find a large subset of greatest common factor similar groups of arbitrary factors in far less time and space than an exact algorithm using examiner-provided selection criteria for factor definition.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield

Canadian Journal of Law and Technology

Patent-Eligible Subject-Matter in Canada

The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …

Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim

Canadian Journal of Law and Technology

As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.

This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …

A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff

Canadian Journal of Law and Technology

He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.

— George Orwell, 1984

On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …

Understanding The Internet As A Human Right, Michael Karanicolas

Canadian Journal of Law and Technology

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …

The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson

Canadian Journal of Law and Technology

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …

An End To End-To-End? A Review Essay Of Barbara Van Schewick’S Internet Architecture And Innovation, Adam Candeub

Federal Communications Law Journal

Amidst much controversy, the FCC released its landmark "network neutrality" order in December 2010. This regulation prohibits Internet service providers, such as Verizon or Comcast, from discriminating in favor of traffic or content that they own or with which they are affiliated. Professor Barbara van Schewick's recently published book, Internet Architecture and Innovation, could not be timelier. Employing a variety of economic and technical arguments, van Schewick defends the type of regulation the FCC passed as necessary to preserve the Internet's potential for innovation. My central critique of Internet Architecture is its deployment of economic theories on one side of …

Privacy Rights Left Behind At The Border: The Exhaustive, Exploratory Searches Effectuated In United States V. Cotterman, Aaron Mcknight

BYU Law Review

No abstract provided.

Double-Clicking On Fourth Amendment Protection: Encryption Creates A Reasonable Expectation Of Privacy, Sean J. Edgett

Pepperdine Law Review

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.