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2012

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Full-Text Articles in Law

Front Matter Dec 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2012

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Dec 2012

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux Dec 2012

Application Of Digital Forensic Science To Electronic Discovery In Civil Litigation, Brian Roux

University of New Orleans Theses and Dissertations

Following changes to the Federal Rules of Civil Procedure in 2006 dealing with the role of Electronically Stored Information, digital forensics is becoming necessary to the discovery process in civil litigation. The development of case law interpreting the rule changes since their enactment defines how digital forensics can be applied to the discovery process, the scope of discovery, and the duties imposed on parties. Herein, pertinent cases are examined to determine what trends exist and how they effect the field. These observations buttress case studies involving discovery failures in large corporate contexts along with insights on the technical reasons those …


Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael Dec 2012

Privacy Issues And Solutions In Social Network Sites, Xi Chen, Katina Michael

Associate Professor Katina Michael

The boom of the internet and the explosion of new technologies have brought with them new challenges and thus new connotations of privacy. Clearly, when people deal with e-government and e-business, they do not only need the right to be let alone, but also to be let in secret. Not only do they need freedom of movement, but also to be assured of the secrecy of their information. Solove [6] has critiqued traditional definitions of privacy and argued that they do not address privacy issues created by new online technologies. Austin [7] also asserts: “[w]e do need to sharpen and …


Indian Millennials: Are Microchip Implants A More Secure Technology For Identification And Access Control?, Christine Perakslis, Katina Michael Oct 2012

Indian Millennials: Are Microchip Implants A More Secure Technology For Identification And Access Control?, Christine Perakslis, Katina Michael

Associate Professor Katina Michael

This mixed methods study with a sequential explanatory strategy explored qualitatively the statistically significant quantitative findings relative to Indian respondents’ perceptions about RFID (radio frequency identification) transponders implanted into the human body. In the first analysis phase of the study, there was a significant chi-square analysis reported (χ2 = 56.64, df = 3, p = .000) relative to the perception of small business owners (N = 453) that implanted chips are a more secure form of identification and/or access control in organizations and the respondents’ country of residence. Countries under study included Australia, India, the UK and US. The country …


Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp Oct 2012

Competition In Information Technologies: Standards-Essential Patents, Non-Practicing Entities And Frand Bidding, Herbert J. Hovenkamp

All Faculty Scholarship

Standard Setting is omnipresent in networked information technologies. Virtually every cellular phone, computer, digital camera or similar device contains technologies governed by a collaboratively developed standard. If these technologies are to perform competitively, the processes by which standards are developed and implemented must be competitive. In this case attaining competitive results requires a mixture of antitrust and non-antitrust legal tools.

FRAND refers to a firm’s ex ante commitment to make its technology available at a “fair, reasonable and nondiscriminatory royalty.” The FRAND commitment results from bidding to have one’s own technology selected as a standard. Typically the FRAND commitment is …


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 Oct 2012

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.


Enhancing Public Access To Online Rulemaking Information, Cary Coglianese Oct 2012

Enhancing Public Access To Online Rulemaking Information, Cary Coglianese

All Faculty Scholarship

One of the most significant powers exercised by federal agencies is their power to make rules. Given the importance of agency rulemaking, the process by which agencies develop rules has long been subject to procedural requirements aiming to advance democratic values of openness and public participation. With the advent of the digital age, government agencies have engaged in increasing efforts to make rulemaking information available online as well as to elicit public participation via electronic means of communication. How successful are these efforts? How might they be improved? In this article, I investigate agencies’ efforts to make rulemaking information available …


Masthead Sep 2012

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter Sep 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Sep 2012

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael Aug 2012

Editorial: Social Implications Of Technology- “Il Buono, Il Brutto, Il Cattivo”, Katina Michael

Professor Katina Michael

Late last year, IEEE SSIT was invited to put together a paper for the centennial edition of Proceedings of the IEEE that was published in May 2012. The paper titled, “Social Implications of Technology: The Past, the Present, and the Future,” brought together five members of SSIT with varying backgrounds, and two intense months of collaboration and exchange of ideas. I personally felt privileged to be working with Karl D. Stephan, Emily Anesta, Laura Jacobs and M.G. Michael on this project.


Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael Aug 2012

Book Review: Handbook On Securing Cyber-Physical Critical Infrastructure: Foundations And Challenges (Written By Sajal K. Das, Krishna Kant, Nan Zhang), Katina Michael

Professor Katina Michael

This 800+ page handbook is divided into eight parts and contains thirty chapters, ideal for either an advanced undergraduate or graduate course in security. At the heart of this handbook is how we might go about managing both physical and cyber infrastructures, as they continue to become embedded and enmeshed, through advanced control systems, and new computing and communications paradigms.


“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez Jul 2012

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

IP Theory

No abstract provided.


The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz Al-Debei Jul 2012

The Value Of Government Mandated Location-Based Services In Emergencies In Australia, Anas Aloudat, Katina Michael, Roba Abbas, Mutaz Al-Debei

Associate Professor Katina Michael

The adoption of mobile technologies for emergency management has the capacity to save lives. In Australia in February 2009, the Victorian Bushfires claimed 173 lives, the worst peace-time disaster in the nation’s history. The Australian government responded swiftly to the tragedy by going to tender for mobile applications that could be used during emergencies, such as mobile alerts and location services. These applications, which are becoming increasingly accurate with the evolution of positioning techniques, have the ability to deliver personalized information direct to the citizen during crises, complementing traditional broadcasting mediums like television and radio. Indeed governments have a responsibility …


Deliberating Beyond Evidence: Lessons From Integrated Assessment Modelling, Elisa Vecchione Jul 2012

Deliberating Beyond Evidence: Lessons From Integrated Assessment Modelling, Elisa Vecchione

Elisa Vecchione

The premises of this paper rely on associating policy inertia toward action on climate change with the inadequacy of the classical ‘liability culture’ of evidence-based policy-making to deal with this global environmental challenge. To provide support to this hypothesis, the following discussion analyses the technical properties and the current policy use of Integrated Assessment Modelling (IAM) of economic-climate interactions. The paper contends that IAM is still not clarified enough as far as its potential for information-production in the framework of policy making processes is concerned, and that this fact is symptomatic of the current inability of societies to undertake the …


Front Matter Jun 2012

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen Jun 2012

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 Jun 2012

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Back Matter Jun 2012

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Location-Based Social Networking And Its Impact On Trust In Relationships, Sarah Jean Fusco, Roba Abbas, Katina Michael, Anas Aloudat May 2012

Location-Based Social Networking And Its Impact On Trust In Relationships, Sarah Jean Fusco, Roba Abbas, Katina Michael, Anas Aloudat

Professor Katina Michael

Location based social networking (LBSN) applications are part of a new suite of social networking tools. LBSN is the convergence between location based services (LBS) and online social networking (OSN). LBSN applications offer users the ability to look up the location of another “friend” remotely using a smart phone, desktop or other device, anytime and anywhere. Users invite their friends to participate in LBSN and there is a process of consent that follows. This paper explores the potential impact of LBSN upon trust in society. It looks at the willingness of individuals to share their location data with family, friends, …


Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky May 2012

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …


A Case Study Of The Challenges Of Cyber Forensics Analysis Of Digital Evidence In A Child Pornography Trial, Richard Boddington May 2012

A Case Study Of The Challenges Of Cyber Forensics Analysis Of Digital Evidence In A Child Pornography Trial, Richard Boddington

Annual ADFSL Conference on Digital Forensics, Security and Law

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious …


After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma May 2012

After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points …


Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick May 2012

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.


Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow May 2012

Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

A multi-parameter sensitivity analysis of a Bayesian network (BN) used in the digital forensic investigation of the Yahoo! email case has been performed using the principle of ‘steepest gradient’ in the parameter space of the conditional probabilities. This procedure delivers a more reliable result for the dependence of the posterior probability of the BN on the values used to populate the conditional probability tables (CPTs) of the BN. As such, this work extends our previous studies using singleparameter sensitivity analyses of BNs, with the overall aim of more deeply understanding the indicative use of BNs within the digital forensic and …


Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili May 2012

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …


Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow May 2012

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …


A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier May 2012

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …