Digital Commons Network^™

Policing The Perils Of Online Dating: Harassment, Scams, Dark Patterns, Monopoly, And Perverse Incentives, Kevin Chamow

The University of Cincinnati Intellectual Property and Computer Law Journal

No abstract provided.

Face Card Declined: The Deepfake Threat To Biometric Security In Financial Systems, Hazel Fernandez

Washington and Lee Law Review Online

Once limited to entertainment and disinformation, deepfakes are now extending into the financial sector, where voice and facial impersonations exploit biometric authentication systems to facilitate fraudulent transactions. This evolution exposes gaps in existing legal and regulatory frameworks, raising critical questions about consumer protection and institutional safeguards. This Note argues for a reconceptualization of deepfake harms as both a privacy and a financial security issue. It examines the illusion of consent generated by synthetic impersonation and insufficient statutory protections. The analysis examines the patchwork of federal, state, and international laws governing data privacy and artificial media, highlighting the gaps that allow …

The Proactive Approach Of Artificial Intelligence In Monitoring And Analyzing Illegal Money Laundering Operations In The Virtual World, Ammar Yasser El-Bably

Journal of Police and Legal Sciences

The research dealt with the proactive method of artificial intelligence in monitoring and analyzing non-suspicious operations of money laundering in the virtual world, especially the Internet and dark web, where it dealt with the risks created for those networks and their exploitation for the benefit of terrorist and criminal organizations, money laundering, the purchase of weapons and drugs, human trafficking and financial fraud, where Internet users around the world reached 5 billion users, and the volume of money laundering crimes became 2.8 Trillion dollars, according to United Nations and International Monetary Fund statistics 2023 AI applications where algorithms, machine learning, …

Regulating Robo-Advisors In An Age Of Generative Artificial Intelligence, Daniel Schwarcz, Tom Baker, Kyle Logue

Washington and Lee Law Review

New generative artificial intelligence (“AI”) tools can increasingly engage in personalized, sustained, and natural conversations with users. This technology has the capacity to reshape the financial services industry, making customized expert financial advice broadly available to consumers. However, AI’s ability to convincingly mimic human financial advisors also creates significant risks of large-scale financial misconduct. Which of these possibilities becomes reality will depend largely on the legal and regulatory rules governing “robo-advisors” that supply fully automated financial advice to consumers.

This Article consequently critically examines this evolving regulatory landscape, arguing that current U.S. rules fail to adequately limit the risk that …

Promoting Due Diligence: The Role Of The Gramm-Leach-Bliley Act, And Information Security Standards On Financial Institutions Protecting Consumers' Non-Public Personal Information (Npi), Thomas G. Caballero

2024 Spring Honors Capstone Projects - Archive

The Graham-Leach-Bliley Act (GLBA) protects consumer financial privacy and limits what information can be disclosed by a financial institution to non-affiliated third parties. In accordance with the GLBA, the FTC is required to enforce the Privacy of Consumer Financial Information Rule. This thesis uses information from scholarly peer-reviewed articles and reports on compliance standards in storing consumer non-public data and data breaches to depict the current impact of information security compliance in the financial sector. Supported by statistics and quantitative analysis in the areas of cybersecurity laws and industry standards that promote the due diligence of compliance efforts in protecting …

Ethics Of Innovation: A Framework For Responsible Innovation Governance, Nicole Morris

SMU Science and Technology Law Review

Over the past several years, startups that once seemed destined for greatness have failed or collapsed because of fraud committed by the founders. Most notable are the Theranos and FTX business collapses, which culminated in the convictions of two infamous entrepreneurs, Elizabeth Holmes and Sam Bankman-Fired, respectively. Startup innovators are not alone when it comes to morally dubious behavior. According to Retraction Watch, nearly 5000 papers published in science & engineering journals were retracted in 2022. Research misconduct allegations eventually led to the resignation of Stanford University President Marc Tessier-Lavigne in July 2023. The research scandal at Stanford received lots …

The Present And Future Of Ai Usage In The Banking And Financial Decision-Making Processes Within The Developing Indian Economy, Dr. Shouvik Kumar Guha, Bash Savage-Mansary, Dr. Navyajyoti Samanta

Indian Journal of Law and Technology

In course of this paper, the authors have soght to examine the extent to which technology based on artificial intelligence (AI) have made inroads into the banking and financial sectors of a developing economy like India. The paper begins with providing a contextual background to the adoption of such technology in the global financial arena. It then proceeds to identify and categorise the forms of AI currently being used in the Indian financial sector and also considers the different channels of operation where such technology is in vogue. The advantages of using such technology and the future goals for integrating …

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …

Should The United States Adopt Federal Artificial Intelligence Regulation Similar To The European Union, Jean Joseph

Loyola University Chicago International Law Review

Artificial Intelligence (AI) promises to revolutionize our everyday lives and how we approach all sectors of the economy and society. For the laundry list of benefits this form of technology provides, there is a concern as to the ways Al can produce troubling outcomes - including racial discrimination and social inequality. The United States House of Representatives introduced the National Al Initiative Act of 2020 (NAIIA) to ensure continued US leadership in Al research and development. However, the NAIIA leaves issues concerning the risk of biases and discrimination associated with using Al systems to federal agencies and state governments. While …

Role-Reversibility, Ai, And Equitable Justice — Or: Why Mercy Cannot Be Automated, Stephen E. Henderson, Kiel Brennan-Marquez

Faculty Articles

A few years ago, we developed the concept of “role-reversibility” in AI governance: the idea that it matters whether a party exercising judgment is reciprocally vulnerable to the effects of judgment. This idea, we argued, supplies a deontic reason to maintain certain spheres of human judgment even if (or when) truly intelligent machines become demonstrably superior in every utilitarian sense. While computer science remains far from that holy grail, generative AI is raging through systems as diverse as healthcare, finance, advertising, law, and academe, making it imperative to further shore up our claim. We do so by situating role-reversibility within …

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …

Don't Bite The Bait: Phishing Attack For Internet Banking (E-Banking), Ilker Kara

Journal of Digital Forensics, Security and Law

Phishing attacks are based on obtaining desired information from users quickly and easily with the help of misdirecting, panicking, curiosity, or excitement. Most of the phishing web sites are designed on internet banking(e-banking) and the attackers can acquire financial information of misled users with the tactics and discourses they develop. Despite the increase of prevention techniques against phishing attacks day by day, an effective solution could not be found for this issue due to the human factor. Because of this reason, real phishing attack studies are essential to study and analyze the attackers’ attack techniques and strategies. This study focused …

Article Iii Standing, The Sword And The Shield: Resolving A Circuit Split In Favor Of Data Breach Plaintiffs, R. Andrew Grindstaff

William & Mary Bill of Rights Journal

The recent proliferation of data breaches is one such event requiring a rethreading of standing doctrine. The Courts of Appeal are currently split on whether to allow or deny standing for data breach plaintiffs—those persons seeking recourse from the entities that fell victim to the breach and therein lost plaintiffs’ data to an unknown third party. Standing requires plaintiffs to show some injury, and how courts approach the concept of injury in these data breach cases determines whether plaintiffs will survive the standing analysis. Despite the disparate treatment of litigants across the circuits, the Supreme Court has repeatedly punted when …

The District Of Columbia Circuit Finds Article Iii Standing Based On The Risk Of Future Identity Theft In In Re U.S. Office Of Personnel Management Data Security Breach Litigation, Briana L. Borgolini

Villanova Law Review (1956 - )

No abstract provided.

Df 2.0: An Automated, Privacy Preserving, And Efficient Digital Forensic Framework That Leverages Machine Learning For Evidence Prediction And Privacy Evaluation, Robin Verma, Jayaprakash Govindaraj Dr, Saheb Chhabra, Gaurav Gupta

Journal of Digital Forensics, Security and Law

The current state of digital forensic investigation is continuously challenged by the rapid technological changes, the increase in the use of digital devices (both the heterogeneity and the count), and the sheer volume of data that these devices could contain. Although data privacy protection is not a performance measure, however, preventing privacy violations during the digital forensic investigation, is also a big challenge. With a perception that the completeness of investigation and the data privacy preservation are incompatible with each other, the researchers have provided solutions to address the above-stated challenges that either focus on the effectiveness of the investigation …

Terms Of Service And The Computer Fraud And Abuse Act: A Trap For The Unwary?, David A. Puckett

Oklahoma Journal of Law and Technology

No abstract provided.

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws—including HIPAA …

The Money Mule: Its Discursive Construction And The Implications, Rainer Hulsse

Vanderbilt Journal of Transnational Law

The proceeds of cybercrime are typically laundered by money mules--people used by criminal organizations to interrupt the financial paper trail by transferring money for the criminals. This Article analyzes the discursive construction of the money mule in documents of national and international anti-money laundering authorities such as Financial Intelligence Units (FIUs), Europol, and the Financial Action Task Force (FATF). It shows how case study narratives, visualizations, and metaphors contribute to an understanding of the money mule as an innocent victim of organized crime networks from West Africa and Eastern Europe, supported by money remittance companies like Western Union. These constructions …

Paper Session Ii: Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota

Annual ADFSL Conference on Digital Forensics, Security and Law

With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …

Designing A Data Warehouse For Cyber Crimes, Il-Yeol Song, John D. Maguire, Ki Jung Lee, Namyoun Choi, Xiaohua Hu, Peter Chen

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the greatest challenges facing modern society is the rising tide of cyber crimes. These crimes, since they rarely fit the model of conventional crimes, are difficult to investigate, hard to analyze, and difficult to prosecute. Collecting data in a unified framework is a mandatory step that will assist the investigator in sorting through the mountains of data. In this paper, we explore designing a dimensional model for a data warehouse that can be used in analyzing cyber crime data. We also present some interesting queries and the types of cyber crime analyses that can be performed based on …

Protecting Personal Information: Achieving A Balance Between User Privacy And Behavioral Targeting, Patrick Myers

University of Michigan Journal of Law Reform

Websites and mobile applications provide immeasurable benefits to both users and companies. These services often collect vast amounts of personal information from the individuals that use them, including sensitive details such as Social Security numbers, credit card information, and physical location. Personal data collection and dissemination leave users vulnerable to various threats that arise from the invasion of their privacy, particularly because users are often ignorant of the existence or extent of these practices. Current privacy law does not provide users with adequate protection from the risks attendant to the collection and dissemination of their personal information. This Note advocates …

Virtual Currencies Bitcoin & What Now After Liberty Reserve, Silk Road, And Mt. Gox?, Lawrence Trautman

Richmond Journal of Law & Technology

During 2013, the U.S. Treasury Department evoked the first use of the 2001 Patriot Act to exclude virtual currency provider Liberty Reserve from the U.S. financial system. This article will discuss: the regulation of virtual currencies, cybercrimes and payment systems, darknets, Tor and the “deep web,” Bitcoin; Liberty Reserve, Silk Road, and Mt. Gox. Virtual currencies have quickly become a reality, gaining significant traction in a very short period of time, and are evolving rapidly.

Multi-Stakeholder Case Prioritization In Digital Investigations, Joshua I. James

Journal of Digital Forensics, Security and Law

This work examines the problem of case prioritization in digital investigations for better utilization of limited criminal investigation resources. Current methods of case prioritization, as well as observed prioritization methods used in digital forensic investigation laboratories are examined. After, a multi-stakeholder approach to case prioritization is given that may help reduce reputational risk to digital forensic laboratories while improving resource allocation. A survey is given that shows differing opinions of investigation priority between Law Enforcement and the public that is used in the development of a prioritization model. Finally, an example case is given to demonstrate the practicality of the …

Automating Vendor Fraud Detection In Enterprise Systems, Kishore Singh, Peter Best, Joseph Mula

Journal of Digital Forensics, Security and Law

Fraud is a multi-billion dollar industry that continues to grow annually. Many organizations are poorly prepared to prevent and detect fraud. Fraud detection strategies are intended to quickly and efficiently identify fraudulent activities that circumvent preventative measures. In this paper, we adopt a DesignScience methodological framework to develop a model for detection of vendor fraud based on analysis of patterns or signatures identified in enterprise system audit trails. The concept is demonstrated by developing prototype software. Verification of the prototype is achieved by performing a series of experiments. Validation is achieved by independent reviews from auditing practitioners. Key findings of …

On The Development Of A Digital Forensics Curriculum, Manghui Tu, Dianxiang Xu, Samsuddin Wira, Cristian Balan, Kyle Cronin

Journal of Digital Forensics, Security and Law

Computer Crime and computer related incidents continue their prevalence and frequency, resulting in losses approaching billions of dollars. To fight against these crimes and frauds, it is urgent to develop digital forensics education programs to train a suitable workforce that can effectively investigate computer crimes and incidents. There is presently no standard to guide the design of digital forensics curriculum for an academic program. In this research, previous work on digital forensics curriculum design and existing education programs are thoroughly investigated. Both digital forensics educators and practitioners were surveyed and results were analyzed to determine the industry and law enforcement …

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese

Journal of Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

Protecting Consumers From Spyware: A Proposed Consumer Digital Trespass Act, 28 J. Marshall J. Computer & Info. L. 185 (2010), Richard G. Kunkel

UIC John Marshall Journal of Information Technology & Privacy Law

“Spyware” is a broad term used to describe software that resides on a user’s computer and monitors the user’s online behavior. Though spyware may be helpful or benign, it can also be used for malicious purposes, commonly classified as “malware”. Consumers, who lack sophistication to avoid unintentionally downloading spyware, are especially vulnerable to the threat of malware. In lieu of this threat, it is important to understand the nature and scope of spyware problems affecting consumers. The paper will discuss how common law tort theories of trespass and trespass to chattel are difficult to apply to spyware, and how a …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Defining A Forensic Audit, G. S. Smith, D. L. Crumbley

Journal of Digital Forensics, Security and Law

Disclosures about new financial frauds and scandals are continually appearing in the press. As a consequence, the accounting profession's traditional methods of monitoring corporate financial activities are under intense scrutiny. At the same time, there is recognition that principles-based GAAP from the International Accounting Standards Board will become the recognized standard in the U.S. The authors argue that these two factors will change the practices used to fight corporate malfeasance as investigators adapt the techniques of accounting into a forensic audit engagement model.