Law Commons^™

The America Invents Act: Strategic Perspectives, Sharon Barner, Hal Wegner, Jonathan Spivey, W. Keith Robinson

SMU Science and Technology Law Review

No abstract provided.

A Hole In The Need Of Mending: Copyright And The Individual Marking Of Advertisements Published In Collective Works, Randy Gordon

SMU Science and Technology Law Review

No abstract provided.

Sharing Stupid $H*T With Friends And Followers: The First Amendment Rights Of College Athletes To Use Social Media, Mary Margaret Meg Penrose

SMU Science and Technology Law Review

No abstract provided.

Foreword: The Food Law Era, Nathan Cortez

SMU Science and Technology Law Review

No abstract provided.

An Economic Analysis Of The Law Surrounding Data Aggregation In Cyberspace, Johnathan M. H. Short

Maine Law Review

The emergence of technological advances has traditionally created new and unique legal problems. The solutions to counter these problems are often drawn from our legal traditions and adapted to an ever-modernizing world. However, as Professor Coase opined at the dawn of the communication technology revolution, “lawyers and economists should not be so overwhelmed by the emergence of new technologies as to change the existing legal and economic system without first making quite certain that this is required.” Examination and reflection, in other words, is paramount to instituting a sound legal framework to encompass developing legal problems in technology. This Article …

Desperately Seeking Solutions: Using Implementation-Based Solutions For The Troubles Of Information Privacy In The Age Of Data Mining And The Internet Society, Tal Z. Zarsky

Maine Law Review

Our personal information is constantly being recorded, stored and analyzed. Commercial entities watch our every action, storing this data and analyzing it in conjunction with information acquired from third parties. These entities use this knowledge to their benefit (and at times, our detriment) by discriminating between various customers on the basis of this personal information. At the same time, in the media market, large conglomerates can now provide specifically tailored content to individual customers on the basis of such data, thus potentially controlling their perspectives and impairing their autonomy. The expanding use of data mining applications, which enable vendors to …

Freeing The Mind: Free Software And The Death Of Proprietary Culture, Eben Moglen

Maine Law Review

The subject matter we are going to talk about is variously named and the words have some resonances of importance. I am going to use the phrase “Free Software” to describe this material, and I am going to suggest to you that the choice of words is relevant. We are talking not merely about a form of production or a system of industrial relations, but also about the beginning of a social movement with specific political goals, which will characterize not only the production of software in the twenty-first century, but the production and distribution of culture generally.

Data Protection In Nigeria: Addressing The Multifarious Challenges Of A Deficient Legal System, Roland Akindele

Journal of International Technology and Information Management

This paper provides an overview of the current state of privacy and data protection policies and regulations in Nigeria. The paper contends that the extant legal regime in Nigeria is patently inadequate to effectively protect individuals against abuse resulting from the processing of their personal data. The view is based on the critical analysis of the current legal regime in Nigeria vis-à-vis the review of some vital data privacy issues. The paper makes some recommendations for the reform of the law.

Multiple Content Adaptive Intelligent Watermarking Schemes For The Protection Of Blocks Of A Document Image, Chetan Kr Mr., S Nirmala Dr.

Journal of Digital Forensics, Security and Law

Most of the documents contain different types of information such as white space, static information and dynamic information or mix of static and dynamic information. In this paper, multiple watermarking schemes are proposed for protection of the information content. The proposed approach comprises of three phases. In Phase-1, the edges of the source document image are extracted and the edge image is decomposed into blocks of uniform size. In Phase-2, GLCM features like energy, homogeneity, contrast and correlation are extracted from each block and the blocks are classified as no-information, static, dynamic and mix of static and dynamic information content …

Varying Instructional Approaches To Physical Extraction Of Mobile Device Memory, Joan Runs Through, Gary D. Cantrell

Journal of Digital Forensics, Security and Law

Digital forensics is a multidisciplinary field encompassing both computer science and criminal justice. This action research compared demonstrated skill levels of university students enrolled in a semester course in small device forensics with 54 hours of instruction in mobile forensics with an emphasis on physical techniques such as JTAG and Chip-Off extraction against the skill levels of industry professionals who have completed an accelerated 40 hour advanced mobile forensics training covering much of the same material to include JTAG and Chip-Off extraction. Participant backgrounds were also examined to determine if those participants with a background in computer science had an …

Digital Forensic Readiness In Organizations: Issues And Challenges, Nickson Menza Karie, Simon Maina Karume Dr.

Journal of Digital Forensics, Security and Law

With the evolution in digital technologies, organizations have been forced to change the way they plan, develop, and enact their information technology strategies. This is because modern digital technologies do not only present new opportunities to business organizations but also a different set of issues and challenges that need to be resolved. With the rising threats of cybercrimes, for example, which have been accelerated by the emergence of new digital technologies, many organizations as well as law enforcement agencies globally are now erecting proactive measures as a way to increase their ability to respond to security incidents as well as …

Broadband Router Security: History, Challenges And Future Implications, Patryk Szewczyk, Rose Macdonald

Journal of Digital Forensics, Security and Law

Consumer grade broadband routers are integral to accessing the Internet and are primarily responsible for the reliable routing of data between networks. Despite the importance of broadband routers, security has never been at the forefront of their evolution. Consumers are often in possession of broadband routers that are rich in consumer-orientated features yet riddled with vulnerabilities that make the routers susceptible to exploitation. This amalgamation of theoretical research examines consumer grade broadband routers from the perspective of how they evolved, what makes them vulnerable, how they are targeted and the challenges concerning the application of security. The research further explores …

Evidence Verification Complications With Solid-State Drives, Ryne Teague, Michael Black

Journal of Digital Forensics, Security and Law

Solid-state drives operate on a combination of technologies that create a barrier between the physical data being written and the digital forensics investigator. This barrier prevents the application of evidence verification methods developed for magnetic disk drives because the barrier prevents the investigator from directly controlling and therefore verifying that the underlying physical data has not been manipulated. The purpose of this research is to identify a period of inactivity where the underlying physical data is not being manipulated by wear leveling or garbage collection routines such that evidence can be reliably verified with existing hashing algorithms. An experiment is …

Cover Front

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Cover Back

Journal of Digital Forensics, Security and Law

No abstract provided.

Regulating Black-Box Medicine, W. Nicholson Price Ii

Michigan Law Review

Data drive modern medicine. And our tools to analyze those data are growing ever more powerful. As health data are collected in greater and greater amounts, sophisticated algorithms based on those data can drive medical innovation, improve the process of care, and increase efficiency. Those algorithms, however, vary widely in quality. Some are accurate and powerful, while others may be riddled with errors or based on faulty science. When an opaque algorithm recommends an insulin dose to a diabetic patient, how do we know that dose is correct? Patients, providers, and insurers face substantial difficulties in identifying high-quality algorithms; they …

You Can Run But You Can't Hide: Cell Phone Tracking Data Do Not Receive Fourth Amendment Protection, Merissa Sabol

SMU Science and Technology Law Review

No abstract provided.

Vmg Salsoul, L.L.C. V. Ciccone: The Ninth Circuit Strikes A Pose, Applying The De Minimis Exception To Music Sampling, Jacob Quinn

SMU Science and Technology Law Review

No abstract provided.

Is Your Roommate A Felon? Considering The Effect Of Criminalizing Password Sharing In Nosal Ii, London Ryyanen England

SMU Science and Technology Law Review

No abstract provided.

Lost Esi Under The Federal Rules Of Civil Procedure, Jeffrey A. Parness

SMU Science and Technology Law Review

Current Issue

Volume 20, Number 1 – The Privacy, Probability, and Political Pitfalls of Universal DNA Collection

Meghan J. Ryan 20 SMU Sci. & Tech. L. Rev. 3 Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even …

The Wisdom Of Universal Dna Collection: A Reply To Professor Meghan J. Ryan, Arnold Loewy

SMU Science and Technology Law Review

No abstract provided.

The Privacy, Probability, And Political Pitfalls Of Universal Dna Collection, Meghan J. Ryan

SMU Science and Technology Law Review

Watson and Crick’s discovery of the structure of DNA (deoxyribonucleic acid) in 1953 launched a truth-finding mission not only in science but also in the law. Just thirty years later–after the science had evolved–DNA evidence was being introduced in criminal courts. Today, DNA evidence is heavily relied on in criminal and related cases. It is routinely introduced in murder and rape cases as evidence of guilt; DNA databases have grown as even arrestees have been required to surrender DNA samples; and this evidence has been used to exonerate hundreds of convicted individuals. DNA evidence is generally revered as the “gold …

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Private Life Safety Provision In Digital Age, Olga Anatolyevna Kuznetsova, Natalia Bondarenko

Journal of Digital Forensics, Security and Law

Digital technology nowadays covers all the spheres of life of an individual and society’s activities. With this, it is not a secret that it can be used both for the benefit and to the detriment of the person. In digital age, private life is becoming most vulnerable to arbitrary interference. This article considers various violations of the rights to privacy, communication safety and inviolability of privacy security brought in by the digital revolution. The article concludes that the most important task in the sphere of private life safety is to find a balance of interests of the state, the society …

The Role Of Internet Intermediaries In Tackling Terrorism Online, Raphael Cohen-Almagor

Fordham Law Review

Gatekeeping is defined as the work of third parties “who are able to disrupt misconduct by withholding their cooperation from wrongdoers.”1 Internet intermediaries need to be far more proactive as gatekeepers than they are now. Socially responsible measures can prevent the translation of violent thoughts into violent actions. Designated monitoring mechanisms can potentially prevent such unfortunate events. This Article suggests an approach that harnesses the strengths and capabilities of the public and private sectors in offering practical solutions to pressing problems. It proposes that internet intermediaries should fight stringently against terror and further argues that a responsible gatekeeping approach is …

Terrorists Are Always Muslim But Never White: At The Intersection Of Critical Race Theory And Propaganda, Caroline Mala Corbin

Fordham Law Review

When you hear the word “terrorist,” who do you picture? Chances are, it is not a white person. In the United States, two common though false narratives about terrorists who attack America abound. We see them on television, in the movies, on the news, and, currently, in the Trump administration. The first is that “terrorists are always (brown) Muslims.” The second is that “white people are never terrorists.” Different strands of critical race theory can help us understand these two narratives. One strand examines the role of unconscious cognitive biases in the production of stereotypes, such as the stereotype of …

Entertaining Satan: Why We Tolerate Terrorist Incitement, Andrew Koppelman

Fordham Law Review

Words are dangerous. That is why governments sometimes want to suppress speech. The law of free speech reflects a settled decision that, at the time that law was adopted, the dangers were worth tolerating. But people keep dreaming up nasty new things to do with speech. Recently, the Islamic State of Iraq and Syria (ISIS) and other terrorist organizations have employed a small army of Iagos on the internet to recruit new instruments of destruction. Some of what they have posted is protected speech under present First Amendment law. In response, scholars have suggested that there should be some new …

Terrorizing Advocacy And The First Amendment: Free Expression And The Fallacy Of Mutual Exclusivity, Martin H. Redish, Matthew Fisher

Fordham Law Review

Traditional free speech doctrine is inadequate to account for modern terrorist speech. Unprotected threats and substantially protected lawful advocacy are not mutually exclusive. This Article proposes recognizing a new hybrid category of speech called “terrorizing advocacy.” This is a type of traditionally protected public advocacy of unlawful conduct that simultaneously exhibits the unprotected pathologies of a true threat. This Article explains why this new category confounds existing First Amendment doctrine and details a proposed model for how the doctrine should be reshaped.