Computer Law Commons^™

On The Network Performance Of Digital Evidence Acquisition Of Small Scale Devices Over Public Networks, Irvin Homem, Spyridon Dosis

Annual ADFSL Conference on Digital Forensics, Security and Law

While cybercrime proliferates – becoming more complex and surreptitious on the Internet – the tools and techniques used in performing digital investigations are still largely lagging behind, effectively slowing down law enforcement agencies at large. Real-time remote acquisition of digital evidence over the Internet is still an elusive ideal in the combat against cybercrime. In this paper we briefly describe the architecture of a comprehensive proactive digital investigation system that is termed as the Live Evidence Information Aggregator (LEIA). This system aims at collecting digital evidence from potentially any device in real time over the Internet. Particular focus is made …

A Review Of Recent Case Law Related To Digital Forensics: The Current Issues, Kelly A. Cole, Shruti Gupta, Dheeraj Gurugubelli, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a new field without established models of investigation. This study uses thematic analysis to explore the different issues seen in the prosecution of digital forensic investigations. The study looks at 100 cases from different federal appellate courts to analyze the cause of the appeal. The issues are categorized into one of four categories, ‘search and seizure’, ‘data analysis’, ‘presentation’ and ‘legal issues’. The majority of the cases reviewed related to the search and seizure activity.

Keywords: Computer Investigation, Case Law, Digital Forensics, Legal Issues, and Courts

Cybercrime: A Saudi And American Perspective, Hussam M. Alkanbashi

Hussam M. Alkanbashi

Cybercrime is one of the greatest threats facing the International community. Defined as criminal activity perpetrated using computers and the internet, cybercrime has developed into a trillion dollar a year industry, affecting millions of people around the world, as well as countless businesses and the governments of every nation. With nearly 431 million victims projected in 2015, cyber related crime is one of if not the most frequent, costly and pervasive crimes worldwide. This article examines and assesses the effectiveness of Saudi and American Cyber Laws in deterring the growing global threats posed by cybercrime. The article studies cyber identity …

A New Cyber Forensic Philosophy For Digital Watermarks In The Context Of Copyright Laws, Vinod P. Bhattathiripad, Sneha Sudhakaran, Roshna K. Thalayaniyil

Annual ADFSL Conference on Digital Forensics, Security and Law

The objective of this paper is to propose a new cyber forensic philosophy for watermark in the context of copyright laws for the benefit of the forensic community and the judiciary worldwide. The paper first briefly introduces various types of watermarks, and then situates watermarks in the context of the ideaexpression dichotomy and the copyright laws. It then explains the forensic importance of watermarks and proposes a forensic philosophy for them in the context of copyright laws. Finally, the paper stresses the vital need to incorporate watermarks in the forensic tests to establish software copyright infringement and also urges the …

A Survey Of Software-Based String Matching Algorithms For Forensic Analysis, Yi-Ching Liao

Annual ADFSL Conference on Digital Forensics, Security and Law

Employing a fast string matching algorithm is essential for minimizing the overhead of extracting structured files from a raw disk image. In this paper, we summarize the concept, implementation, and main features of ten software-based string matching algorithms, and evaluate their applicability for forensic analysis. We provide comparisons between the selected software-based string matching algorithms from the perspective of forensic analysis by conducting their performance evaluation for file carving. According to the experimental results, the Shift-Or algorithm (R. Baeza-Yates & Gonnet, 1992) and the Karp-Rabin algorithm (Karp & Rabin, 1987) have the minimized search time for identifying the locations of …

Investigating Forensics Values Of Windows Jump Lists Data, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Starting with Windows 7, Microsoft introduced a new feature to the Windows Operating Systems called Jump Lists. Jump Lists stores information about user activities on the host machine. These activities may include links to the recently visited web pages, applications executed, or files processed. Computer forensics investigators may find traces of misuse in Jump Lists auto saved files. In this research, we investigate the forensics values of Jump Lists data. Specifically, we use several tools to view Jump Lists data on a virtual machine. We show that each tool reveal certain types of information about user’s activity on the host …

An Empirical Comparison Of Widely Adopted Hash Functions In Digital Forensics: Does The Programming Language And Operating System Make A Difference?, Satyendra Gurjar, Ibrahim Baggili, Frank Breitinger, Alice Fischer

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are widespread in computer sciences and have a wide range of applications such as ensuring integrity in cryptographic protocols, structuring database entries (hash tables) or identifying known files in forensic investigations. Besides their cryptographic requirements, a fundamental property of hash functions is efficient and easy computation which is especially important in digital forensics due to the large amount of data that needs to be processed when working on cases. In this paper, we correlate the runtime efficiency of common hashing algorithms (MD5, SHA-family) and their implementation. Our empirical comparison focuses on C-OpenSSL, Python, Ruby, Java on Windows and …

Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin

Annual ADFSL Conference on Digital Forensics, Security and Law

Hardware virtualization technologies play a significant role in cyber security. On the one hand these technologies enhance security levels, by designing a trusted operating system. On the other hand these technologies can be taken up into modern malware which is rather hard to detect. None of the existing methods is able to efficiently detect a hypervisor in the face of countermeasures such as time cheating, temporary self-uninstalling, memory hiding etc. New hypervisor detection methods which will be described in this paper can detect a hypervisor under these countermeasures and even count several nested ones. These novel approaches rely on the …

Network Neutrality And Consumer Demand For “Better Than Best Efforts” Traffic Management, Rob Frieden

Rob Frieden

This paper assesses whether and how ISPs can offer quality of service enhancements, at premium prices for full motion video, while still complying with the new rules and regulations established by the Federal Communications Commission (“FCC”) in March, 2015. The paper explains that having made the controversial decision to reclassify all forms of Internet access as a telecommunications service, the FCC increases regulatory uncertainty. In particular, the FCC has failed to identify instances where “retail ISPs,” serving residential broadband subscribers, can offer quality of service enhancements that serve real consumer wants without harming competition and the ability of most content …

The World’S Laboratory: China’S Patent Boom, It Standards And The Implications For The Global Knowledge, Christopher Mcelwain, Dennis Fernandez

Christopher McElwain

Just as China’s factories disrupted the economics of IT hardware, its research labs have the potential to disrupt the economics of the technology itself. In 2014, China’s patent office received nearly 2.4 million patent applications, 93% from domestic applicants. China has also climbed to third place in terms of international applications, with over 21,000 WIPO PCT applications. Meanwhile, China has taken an assertive role in setting technology standards, both at the national and international levels. In the past, this has included developing and promoting alternatives to important IT standards as a means of challenging perceived monopolies by certain (foreign-dominated) technologies. …

Cloud Computing, Contractibility, And Network Architecture, Christopher S. Yoo

All Faculty Scholarship

The emergence of the cloud is heightening the demands on the network in terms of bandwidth, ubiquity, reliability, latency, and route control. Unfortunately, the current architecture was not designed to offer full support for all of these services or to permit money to flow through it. Instead of modifying or adding specific services, the architecture could redesigned to make Internet services contractible by making the relevant information associated with these services both observable and verifiable. Indeed, several on-going research programs are exploring such strategies, including the NSF’s NEBULA, eXpressive Internet Architecture (XIA), ChoiceNet, and the IEEE’s Intercloud projects.

What Happens To Your Digital Assets When You Die? Law And Technology Collide In Gray Area, Marsha L. Bayless, J Keaton Grubbs, Kyle Post

Bright Ideas Conference

No abstract provided.

It Takes Time: The Need To Extend The Seal Period For Qui Tam Complaints Filed Under The False Claims Act, Joel D. Hesch

Seattle University Law Review

Each year, 10% of all federal government spending is lost due to fraud, which adds up to over $350 billion a year. Unfortunately, many well-meaning federal judges are inadvertently making it easier for wrongdoers to retain these ill-gotten gains by unnecessarily cutting short the investigative time for the government to evaluate fraud allegations brought by whistleblowers under the False Claims Act (FCA). The FCA is the federal government’s primary tool to recover funds obtained through the submission of false claims. Because the government is unable to detect most fraud cases absent the help of whistleblowers, Congress included qui tam provisions …

Antitrust Goals In Developing Countries: Policy Alternatives And Normative Choices, Dina I. Waked

Seattle University Law Review

This Article outlines the different policy alternatives that could guide antitrust enforcement in developing countries. These include efficiency- based goals (allocative, productive, economic, and dynamic efficiency) and non-efficiency-based goals (protecting small businesses; achieving international competitiveness; eradicating poverty; and promoting fairness, equality, and justice). The actual antitrust goals selected by fifty developing countries are then presented. Finally, a proposal is made with regards to what developing countries should aim at achieving with their antitrust law enforcement. This normative take is geared towards realizing dynamic efficiencies or technological progress, coupled with redistribution through antitrust rules, as the accelerators of growth and development. …

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Robert Sprague

Future Of Ai And Law, Abby Cessna

Cornell Law School J.D. Student Research Papers

Technology has already transformed the way that law is practiced. The use of computers and digital legal resources, such as LexisNexis and Westlaw have been around for decades, but these are just some of the major technological advancements that have transformed law. For instance, it was groundbreaking for a law firm as prestigious as Orrick, Herrington & Sutcliffe to have a website in the late 1990's, which was getting around 5000 visits a week. Now law firms not only have websites but also use a variety of social media services to promote their firm and services. In addition to promoting …

Ninth Circuit Nine-Plus -- Settling The Law In Internet Keyword Advertising And Trademark Use, Andrew Leahey

Andrew Leahey

No abstract provided.

Data Breaches And Privacy Law: Lawyers’ Challenges In Handling Personal Information, Charlotte Duc-Bragues

Cornell Law School J.D. Student Research Papers

Sharing personal information with a lawyer potentially represents the greatest source of vulnerability for an individual. Since the first major security breach in 2005, law firms have been pressed both by public authorities and clients to take action in order to protect confidential information from potential harmful breaches.

This paper seeks to provide an overview of the challenges faced by lawyers in handling personal information with regard to potential security breaches. The aim is to analyze this issue through the focal of privacy law; statistics on security breaches and tools to prevent this phenomenon, extensively studied in class, are given …

Information Technology And The Law - Copyright In Cyberspace, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.

Is There Anybody Out There? Analyzing The Regulation Of Children’S Privacy Online In The United States Of America And The European Union According To Eberlein Et Al. Tbgi Analytical Framework, Nachshon Goltz Mr.

Nachshon Goltz Mr.

This article analyzes the regulation of children’s privacy online, especially in the context of personal information collection as a commodity, in the United States of America and the European Union according to Eberlein et. al. Transnational Business Governance Framework. The article reviews the regulatory structure of this field in these two jurisdictions including global organizations, according to Elberlein et al components and questions. In the analysis, a map of the regulatory interactions within this global realm will be presented and discussed. Finally, conclusions are drawn and suggestions are made.