Computer Law Commons^™

Robots Welcome? Ethical And Legal Considerations For Web Crawling And Scraping, Zachary Gold, Mark Latonero

Washington Journal of Law, Technology & Arts

Web crawlers are widely used software programs designed to automatically search the online universe to find and collect information. The data that crawlers provide help make sense of the vast and often chaotic nature of the Web. Crawlers find websites and content that power search engines and online marketplaces. As people and organizations put an ever-increasing amount of information online, tech companies and researchers deploy more advanced algorithms that feed on that data. Even governments and law enforcement now use crawlers to carry out their missions. Despite the ubiquity of crawlers, their use is ambiguously regulated largely by online social …

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.

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 different …

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Journal of Digital Forensics, Security and Law

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Journal of Digital Forensics, Security and Law

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Subscription Information

Journal of Digital Forensics, Security and Law

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Front Matter

Journal of Digital Forensics, Security and Law

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Back Matter

Journal of Digital Forensics, Security and Law

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Table Of Contents

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Preface

Journal of Digital Forensics, Security and Law

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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 to …

Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone

Nicole G. Iannarone

Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by pro- viding advice meeting …

The Promise And Perils Of Algorithmic Lenders’ Use Of Big Data, Matthew Adam Bruckner

Chicago-Kent Law Review

Tens of millions of Americans lack access to traditional forms of credit and must rely on payday and pawn loans instead. “Algorithmic lending 2.0” promises to enable fintech companies to lend to those excluded from traditional forms of credit. Version 2.0 algorithmic lenders claim to use Big Data and machine learning to increase credit access by making better predictions about prospective borrowers’ creditworthiness and decreasing the cost of credit. Supporters also claim that algorithmic lending 2.0 removes human bias from the financial services sector. Detractors have cast doubt on both claims, arguing that there is scant evidence that algorithmic lending …

The Rise Of Automated Investment Advice: Can Robo-Advisors Rescue The Retail Market?, Benjamin P. Edwards

Chicago-Kent Law Review

Different types of financial advisers serve the massive and widely dispersed retail investment market. In a market riddled with conflicts of interests, many advisers exploit retail customers by pitching suboptimal products, leading to lower investment returns and lower overall growth—but also to greater profits for the financial advisers collecting kickback-style commissions. New financial technology firms, commonly known as Robo-Advisers, may disrupt this market and these exploitative practices. Still, these potentially disruptive automated investment advice firms face significant regulatory risks.

New Art For The People: Art Funds & Financial Technology, Brian L. Frye

Chicago-Kent Law Review

Fine art sales have reached record levels, with the global art market achieving annual sales of over $60 billion. However, the art market is extremely risky and the most lucrative investment opportunities are typically at the high end of the market. In recent years, financial industry professionals with an interest in the art world have increasingly formed art investment funds, intended to enable smaller investors to take advantage of the opportunity to invest in the art world and diversify their portfolios. Some art funds also allow art investors to borrow against certain assets. About 45 art investment funds currently exist, …

Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin

Chicago-Kent Law Review

This Article focuses on the rise of Financial Technology, which revolutionized consumer financial service products, and challenged policymakers with regulating the rapidly evolving financial industry. In particular, it explores Regulatory Technology, also known as RegTech, which is the finance industry’s use of technology, especially information technology, in the context of regulatory monitoring, reporting and compliance. RegTech is designed to solve industry needs for a more effective and efficient way to automate corporate governance and compliance processes. Not only has FinTech proven to be a vital revenue source, especially in connection with lending or money transmission services, but it also helps …

Fintech's Double Edges, Christopher G. Bradley

Chicago-Kent Law Review

This symposium essay examines the double-edged nature of financial technologies in financial transactions, especially transactions involving consumers. There are both benefits and risks—often undiscovered or hidden at first—in each new round of financial technologies. A FinTech tool may benefit consumers and then, applied later or in a different context, threaten consumer interests; a tool that harms consumer interests may then lead to development of a tool that favors them. This double-edged nature is an important but unappreciated structural feature of financial technologies. From the perspective of consumer protection, then, FinTech can neither be fully embraced as friend nor restricted as …

Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone

Chicago-Kent Law Review

Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by pro- viding advice meeting …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd J.D., Ph.D

Chicago-Kent Law Review

Innovations in financial technology, or Fintech, has been ongoing for decades but has recently begun to accelerate. Some observers have argued that it will soon begin to outstrip the ability of regulators to keep pace. If those predictions are accurate, what would the world look like with a financial sector that cannot be effectively regulated? One possibility—drawn from public choice economics—is that rent-seeking will be inhibited or eliminated. Rent-seeking is the distortion of law and regulation for the benefit of special interests, who expend resources to guarantee those distortions in their favor. Rent-seeking is inefficient and inhibits growth and innovation, …

Zappers, Phantomware And Other Sales Suppression Software In The State Of Washington, Richard Thompson Ainsworth, Robert Chicoine

Faculty Scholarship

Electronic sales suppression (ESS) is a fraud that has been a (prominent) feature of the North American retail business since at least 1996. The first EES case in the US dates from 1981. ESS is a global problem. Depending on the jurisdiction, and the research study consulted, ESS is estimated to be present in 34% (of Canadian), 50% (of German – two studies), and 70% (of Swedish and Slovenian) businesses. It may be the case today, that “you cannot leave home without” encountering (or participating in) ESS.

The most common types of sales suppression technology are Zappers and Phantomware programming. …