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The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig 2018 Notre Dame Law School

The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig

Journal of Legislation

No abstract provided.


The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon 2018 University of Cincinnati College of Law

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States ...


Privacy, Screened Out: Analyzing The Threat To Individual Privacy Rights And Fifth Amendment Protections In State V. Stahl, Jesse Coulon 2018 Boston College Law School

Privacy, Screened Out: Analyzing The Threat To Individual Privacy Rights And Fifth Amendment Protections In State V. Stahl, Jesse Coulon

Boston College Law Review

Courts across the United States have applied Fifth Amendment protections to passcodes, as long as those passcodes are not a foregone conclusion. In order for a court to determine that a passcode is a forgone conclusion, and thus not testimonial in nature, the prosecution must show that they knew the existence, possession, and authenticity of the evidence that would be discovered by the compelled passcode, before the passcode is compelled. The foregone conclusion doctrine was established, and had been used, to balance the need of law enforcement to gather incriminating evidence while still protecting defendants’ Fifth Amendment rights. In 2016 ...


Accessible Reliable Tax Advice, Emily Cauble 2018 DePaul University College of Law

Accessible Reliable Tax Advice, Emily Cauble

University of Michigan Journal of Law Reform

Unsophisticated taxpayers who lack financial resources are disadvantaged by a shortage of adequate tax advice. The IRS does not have the resources to answer all questions asked, and the IRS’s informal advice comes with no guarantee as to its accuracy and offers the taxpayer no protection when it is mistaken. Furthermore, non-IRS sources of advice have not sufficiently filled the void left by a lack of satisfactory IRS guidance. These biases against unsophisticated taxpayers have been noted by existing literature. This Article contributes to existing literature by proposing several novel reform measures to assist unsophisticated taxpayers.

First, with respect ...


Back Matter, 2018 Embry-Riddle Aeronautical University

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Subscription Information, 2018 Embry-Riddle Aeronautical University

Subscription Information

Journal of Digital Forensics, Security and Law

No abstract provided.


Cover, 2018 Embry-Riddle Aeronautical University

Cover

Journal of Digital Forensics, Security and Law

No abstract provided.


Front Matter, 2018 Embry-Riddle Aeronautical University

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead, 2018 Embry-Riddle Aeronautical University

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Table Of Contents, 2018 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Preface, 2018 Embry-Riddle Aeronautical University

Preface

Journal of Digital Forensics, Security and Law

No abstract provided.


Drone Forensic Analysis Using Open Source Tools, M A Hannan Bin Azhar, Thomas Edward Allen Barton, Tasmina Islam 2018 Canterbury Christ Chruch University

Drone Forensic Analysis Using Open Source Tools, M A Hannan Bin Azhar, Thomas Edward Allen Barton, Tasmina Islam

Journal of Digital Forensics, Security and Law

Carrying capabilities of drones and their easy accessibility to public have led to an increase in crimes committed using drones in recent years. For this reason, the need for forensic analysis of drones captured from the crime scenes and the devices used for these drones is also paramount. This paper presents the extraction and identification of important artefacts from the recorded flight data as well as the associated mobile devices using open source tools and some basic scripts developed to aid the analysis of two popular drone systems- the DJI Phantom 3 Professional and Parrot AR. Drone 2.0. Although ...


Testing Memory Forensics Tools For The Macintosh Os X Operating System, Charles B. Leopard, Neil C. Rowe, Michael R. McCarrin 2018 U.S. Naval Postgraduate School

Testing Memory Forensics Tools For The Macintosh Os X Operating System, Charles B. Leopard, Neil C. Rowe, Michael R. Mccarrin

Journal of Digital Forensics, Security and Law

Memory acquisition is essential to defeat anti-forensic operating-system features and investigate cyberattacks that leave little or no evidence in secondary storage. The forensic community has developed tools to acquire physical memory from Apple’s Macintosh computers, but they have not much been tested. This work tested three major OS X memory-acquisition tools. Although the tools could capture system memory accurately, the open-source tool OSXPmem appeared advantageous in size, reliability, and support for memory configurations and versions of the OS X operating system.


Hierarchical Bloom Filter Trees For Approximate Matching, David Lillis, Frank Breitinger, Mark Scanlon 2018 University College Dublin

Hierarchical Bloom Filter Trees For Approximate Matching, David Lillis, Frank Breitinger, Mark Scanlon

Journal of Digital Forensics, Security and Law

Bytewise approximate matching algorithms have in recent years shown significant promise in detecting files that are similar at the byte level. This is very useful for digital forensic investigators, who are regularly faced with the problem of searching through a seized device for pertinent data. A common scenario is where an investigator is in possession of a collection of "known-illegal" files (e.g. a collection of child abuse material) and wishes to find whether copies of these are stored on the seized device. Approximate matching addresses shortcomings in traditional hashing, which can only find identical files, by also being able ...


Technological Opacity & Procedural Injustice, Seth Katsuya Endo 2018 NYU School of Law

Technological Opacity & Procedural Injustice, Seth Katsuya Endo

Boston College Law Review

From Google’s auto-correction of spelling errors to Netflix’s movie suggestions, machine-learning systems are a part of our everyday life. Both private and state actors increasingly employ such systems to make decisions that implicate individuals’ substantive rights, such as with credit scoring, government-benefit eligibility decisions, national security screening, and criminal sentencing. In turn, the rising use of machine-learning systems has led to questioning about whether they are sufficiently accurate, fair, and transparent. This Article builds on that work, focusing on how opaque technologies can subtly erode the due process norm of participation. To illuminate this issue, this Article examines ...


Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger 2018 Boston College Law School

Writing The Access Code: Enforcing Commercial Web Accessibility Without Regulations Under Title Iii Of The Americans With Disabilities Act, Daniel Sorger

Boston College Law Review

A growing number of private lawsuits allege that businesses are violating Title III of the Americans with Disabilities Act because their websites are inaccessible to disabled individuals. Courts remain divided, however, on the extent to which commercial websites are covered under Title III. Additionally, the Department of Justice has not promulgated commercial web accessibility regulations—adding further uncertainty to the private enforcement regime. This Note argues that Title III broadly covers commercial websites, but that private enforcement is not positioned to spur lasting, broad-based Title III compliance. It proposes that large-scale litigation, state attorney general action, and state laws should ...


United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko 2018 Concordia University School of Law

United States V. Hubbell: Encryption And The Discovery Of Documents, Gregory S. Sergienko

Greg Sergienko

Five years ago, in a contribution to these pages, I suggested that the Supreme Court's oldest precedents and the original intent of the framers of the Constitution precluded the use of evidence produced under a grant of immunity against the producer, even though the material produced included documents that the producer had not been compelled to write. This implied that information concealed with a cryptographic key could not be used in a criminal prosecution against someone from whom the key had been obtained under a grant of immunity. The issue, however, was doubtful given the tendency of the Court ...


Self Incrimination And Cryptographic Keys, Gregory S. Sergienko 2018 Concordia University School of Law

Self Incrimination And Cryptographic Keys, Gregory S. Sergienko

Greg Sergienko

Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key thus making the availability of the contents of those documents depend on the availability of the key. This article examines the Fourth and Fifth Amendments' protection against the compulsory production of the key and the scope of the Fifth Amendment immunity against compelled production. After analyzing these questions using prevailing Fourth and Fifth Amendment jurisprudence, I shall describe the advantages of a privacy-based approach in practical and constitutional terms. [excerpt]


Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer 2018 Duke Law

Regulating Data As Property: A New Construct For Moving Forward, Jeffrey Ritter, Anna Mayer

Duke Law & Technology Review

The global community urgently needs precise, clear rules that define ownership of data and express the attendant rights to license, transfer, use, modify, and destroy digital information assets. In response, this article proposes a new approach for regulating data as an entirely new class of property. Recently, European and Asian public officials and industries have called for data ownership principles to be developed, above and beyond current privacy and data protection laws. In addition, official policy guidances and legal proposals have been published that offer to accelerate realization of a property rights structure for digital information. But how can ownership ...


Lsat Practicum: An Application Of Human Based Computation, Seth Rivett 2018 Olivet Nazarene University

Lsat Practicum: An Application Of Human Based Computation, Seth Rivett

Student Scholarship - Computer Science

Human-based computation can be applied to solve problems too hard for a single computer. Crowdsourcing can be applied to ethical modeling by splitting ethical situations among humans. In this senior research project, the crowdsourcing method is applied to produce an ethical model for what web crawlers are allowed to do on websites. By evaluating questions about terms of use on a website, users provide context for the robots. An obstacle to this project is getting the right crowd to participate in the problem. The crowd of potential law students was selected as students typically answer questions to study for a ...


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