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- Journal of Digital Forensics, Security and Law (9)
- Research Collection Yong Pung How School Of Law (3)
- St. Mary's Journal on Legal Malpractice & Ethics (2)
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Articles 1 - 24 of 24
Full-Text Articles in Law
An Analysis Of Technological Components In Relation To Privacy In A Smart City, Kayla Rutherford, Ben Lands, A. J. Stiles
An Analysis Of Technological Components In Relation To Privacy In A Smart City, Kayla Rutherford, Ben Lands, A. J. Stiles
James Madison Undergraduate Research Journal (JMURJ)
A smart city is an interconnection of technological components that store, process, and wirelessly transmit information to enhance the efficiency of applications and the individuals who use those applications. Over the course of the 21st century, it is expected that an overwhelming majority of the world’s population will live in urban areas and that the number of wireless devices will increase. The resulting increase in wireless data transmission means that the privacy of data will be increasingly at risk. This paper uses a holistic problem-solving approach to evaluate the security challenges posed by the technological components that make up a …
A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger
A Forensic First Look At A Pos Device: Searching For Pci Dss Data Storage Violations, Stephen Larson, James Jones, Jim Swauger
Journal of Digital Forensics, Security and Law
According to the Verizon 2018 Data Breach Investigations Report, 321 POS terminals (user devices) were involved in about 14% of the 2,216 data breaches in 2017 (Verizon, 2018). These data breaches involved standalone POS terminals as well as associated controller systems. This paper examines a standalone Point-of-Sale (POS) system which is ubiquitous in smaller retail stores and restaurants. An attempt to extract unencrypted data and identify possible violations of the Payment Card Industry Data Security Standard (PCI DSS) requirement to protect stored cardholder data were be made. Persistent storage (flash memory chips) were removed from the devices and their contents …
Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara
Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara
Journal of Digital Forensics, Security and Law
Following a series of high profile miscarriages of justice in the UK linked to questionable expert evidence, the post of the Forensic Science Regulator was created in 2008. The main objective of this role is to improve the standard of practitioner competences and forensic procedures. One of the key strategies deployed to achieve this is the push to incorporate a greater level of scientific conduct in the various fields of forensic practice. Currently there is no statutory requirement for practitioners to become accredited to continue working with the Criminal Justice System of England and Wales. However, the Forensic Science Regulator …
The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood
The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood
Publications and Research
Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …
Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai
Revisiting The Law Of Confidence In Singapore And A Proposal For A New Tort Of Misuse Of Private Information, Cheng Lim Saw, Zheng Wen Samuel Chan, Wen Min Chai
Research Collection Yong Pung How School Of Law
This article critically examines the recent Court of Appeal decision in I-Admin (Singapore) Pte Ltd v Hong Ying Ting [2020] 1 SLR 1130 and its implications for the law of confidence. The article begins by setting out the decision at first instance, and then on appeal. It argues that the Court of Appeal’s “modified approach” fails to meaningfully engage the plaintiff ’s wrongful gain interest and places the law’s emphasis primarily, if not wholly, on the plaintiff ’s wrongful loss interest. The new framework also appears to have been influenced by English jurisprudence, which has had a long but unhelpful …
Coronavirus: Pandemics, Artificial Intelligence And Personal Data: How To Manage Pandemics Using Ai And What That Means For Personal Data Protection, Warren B. Chik
Research Collection Yong Pung How School Of Law
This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.
Coronavirus: Pandemics, Artificial Intelligence And Personal Data: How To Manage Pandemics Using Ai And What That Means For Personal Data Protection, Warren B. Chik
Research Collection Yong Pung How School Of Law
This chapter discusses the hearing of essential and urgent court matters in the Singapore courts during the COVID-19 pandemic. On 27 march 2020, the Singapore judiciary notified courst users that remote hearings were to be implemented for certain types of hearings by means of video and telephone conferencing facilities. Court users were also provided with indicative lists of matters which might be considered essential and urgent.
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Cryptography, Passwords, Privacy, And The Fifth Amendment, Gary C. Kessler, Ann M. Phillips
Journal of Digital Forensics, Security and Law
Military-grade cryptography has been widely available at no cost for personal and commercial use since the early 1990s. Since the introduction of Pretty Good Privacy (PGP), more and more people encrypt files and devices, and we are now at the point where our smartphones are encrypted by default. While this ostensibly provides users with a high degree of privacy, compelling a user to provide a password has been interpreted by some courts as a violation of our Fifth Amendment protections, becoming an often insurmountable hurdle to law enforcement lawfully executing a search warrant. This paper will explore some of the …
A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas
A Two-Stage Model For Social Network Investigations In Digital Forensics, Anne David, Sarah Morris, Gareth Appleby-Thomas
Journal of Digital Forensics, Security and Law
This paper proposes a two-stage model for identifying and contextualizing features from artefacts created as a result of social networking activity. This technique can be useful in digital investigations and is based on understanding and the deconstruction of the processes that take place prior to, during and after user activity; this includes corroborating artefacts. Digital Investigations are becoming more complex due to factors such as, the volume of data to be examined; different data formats; a wide range of sources for digital evidence; the volatility of data and the limitations of some of the standard digital forensic tools. This paper …
Should Judges Have A Duty Of Tech Competence?, John G. Browning
Should Judges Have A Duty Of Tech Competence?, John G. Browning
St. Mary's Journal on Legal Malpractice & Ethics
In an era in which lawyers are increasingly held to a higher standard of “tech competence” in their representation of clients, shouldn’t we similarly require judges to be conversant in relevant technology? Using real world examples of judicial missteps with or refusal to use technology, and drawn from actual cases and judicial disciplinary proceedings, this Article argues that in today’s Digital Age, judicial technological competence is necessary. At a time when courts themselves have proven vulnerable to cyberattacks, and when courts routinely tackle technology related issues like data privacy and the admissibility of digital evidence, Luddite judges are relics that …
What’S In The Cloud? - An Examination Of The Impact Of Cloud Storage Usage On The Browser Cache., Graeme Horsman
What’S In The Cloud? - An Examination Of The Impact Of Cloud Storage Usage On The Browser Cache., Graeme Horsman
Journal of Digital Forensics, Security and Law
Cloud storage is now a well established and popular service adopted by many individuals, often at limited or no cost. It provides users with the ability to store content on a cloud service provider’s infrastructure offering the benefit of redundancy, reliability, security, flexibility of access and the potential assumed liability of the provider for data loss within the contexts of a licensing agreement. Consequently, this form of remote storage provides a regulatory challenge as content which once resided upon a seized digital exhibit, available for scrutiny during a digital forensic investigatory, may no longer be present where attempting to acquire …
An Evaluation Of Data Erasing Tools, Andrew Jones, Isaac Afrifa
An Evaluation Of Data Erasing Tools, Andrew Jones, Isaac Afrifa
Journal of Digital Forensics, Security and Law
The permanent removal of data from media is a major area of concern mainly because of the misconception that once a file is deleted or storage media is formatted, it cannot be recovered. There has been the development of both commercial and freeware data erasing tools, which all claim complete file or disk erasure. This report analyzes the efficiency of a number of these tools in performing erasures on an electromechanical drive. It focuses on a selection of popular and modern erasing tools; taking into consideration their usability, claimed erasing standards and whether they perform complete data erasure with the …
Cybersecurity, Privacy, And Artificial Intelligence: An Examination Of Legal Issues Surrounding The European Union General Data Protection Regulation And Autonomous Network Defense, Brandon W. Jackson
Cybersecurity, Privacy, And Artificial Intelligence: An Examination Of Legal Issues Surrounding The European Union General Data Protection Regulation And Autonomous Network Defense, Brandon W. Jackson
Minnesota Journal of Law, Science & Technology
No abstract provided.
The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman
The Use Of Digital Millenium Copyright Act To Stifle Speech Through Non-Copyright Related Takedowns, Miller Freeman
Seattle Journal of Technology, Environmental & Innovation Law
In 1998, Congress passed the Digital Millennium Copyright Act. This law provided new methods of protecting copyright in online media. These protections shift the normal judicial process that would stop the publication of infringing materials to private actors: the online platforms. As a result, online platforms receive notices of infringement and issue takedowns of allegedly copyrighted works without the judicial process which normally considers the purpose of the original notice of infringement. In at least one case, discussed in detail below, this has resulted in a notice and takedown against an individual for reasons not related to the purpose of …
Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina
Regulating Personal Data Usage In Covid-19 Control Conditions, Mark Findlay, Nydia Remolina
Centre for AI & Data Governance
As the COVID-19 health pandemic ebbs and flows world-wide, governments and private companies across the globe are utilising AI-assisted surveillance, reporting, mapping and tracing technologies with the intention of slowing the spread of the virus. These technologies have capacity to amass and share personal data for community control and citizen safety motivations that empower state agencies and inveigle citizen co-operation which could only be imagined outside times of real and present personal danger. While not cavilling with the short-term necessity for these technologies and the data they control, process and share in the health regulation mission (provided that the technology …
Teaching Data Carving Using The Real World Problem Of Text Message Extraction From Unstructured Mobile Device Data Dumps, Gary D. Cantrell, Joan Runs Through
Teaching Data Carving Using The Real World Problem Of Text Message Extraction From Unstructured Mobile Device Data Dumps, Gary D. Cantrell, Joan Runs Through
Journal of Digital Forensics, Security and Law
Data carving is a technique used in data recovery to isolate and extract files based on file content without any file system guidance. It is an important part of data recovery and digital forensics, but it is also useful in teaching computer science students about file structure and binary encoding of information especially within a digital forensics program. This work demonstrates how the authors teach data carving using a real world problem they encounter in digital forensics evidence processing involving the extracting of text messages from unstructured small device binary extractions. The authors have used this problem for instruction in …
Cyber-Security Risks Of Fedwire, Mark J. Bilger
Cyber-Security Risks Of Fedwire, Mark J. Bilger
Journal of Digital Forensics, Security and Law
This paper will review the risks associated with the Federal Reserve's Fedwire network as a key resource necessary for the efficient function of the American financial system. It will examine the business model of the Fedwire system of real-time interbank transfers, the network characteristics of Fedwire, and the possibility of a successful attack on Fedwire and its potential impact on the U.S. financial system.
Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood
Geopolitics And The Digital Domain: How Cyberspace Is Impacting International Security, Georgia Wood
Independent Study Project (ISP) Collection
The digital domain is the emerging environment for which the internet and data connectivity exists. This new domain is challenging the traditional place for geopolitics to exist, and creating new challenges to international relations. The use of cyberweapons through direct cyberattacks, such as the possibility of an attack on the U.S. power grid, or misinformation campaigns, such as the one launched by Russia against the 2016 U.S. Presidential election, can expand the international threat landscape. While these new threats increase, states are widely not prepared to address the new challenges in the digital domain. This paper will use three primary …
A Comprehensive Cybersecurity Policy For The United States Government According To Cyberattacks And Exploits In The 21st Century, Diana Hallisey
A Comprehensive Cybersecurity Policy For The United States Government According To Cyberattacks And Exploits In The 21st Century, Diana Hallisey
Honors Program Contracts
Adversaries launch cyberattacks or cyber-exploits with contrasting intentions and desired outcomes. A cyberattack is a malicious attempt by a state, third party, or individual to disrupt a computer’s network; whereas, a cyber-exploit is an action that uncovers and steals “confidential” information from a computer’s data. 1 Within this research paper, the main adversary of such cyberattacks and/or exploits will be the nation-state. The victims of these cyberattacks will range from multinational corporations, such as Sony, to nuclear programs in Iran. This essay will focus on four motivations behind such cyberattacks: (1) private sector hacking (the theft of intellectual property) (2) …
Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai
Regulation Of Algorithmic Tools In The United States, Christopher S. Yoo, Alicia Lai
All Faculty Scholarship
Policymakers in the United States have just begun to address regulation of artificial intelligence technologies in recent years, gaining momentum through calls for additional research funding, piece-meal guidance, proposals, and legislation at all levels of government. This Article provides an overview of high-level federal initiatives for general artificial intelligence (AI) applications set forth by the U.S. president and responding agencies, early indications from the incoming Biden Administration, targeted federal initiatives for sector-specific AI applications, pending federal legislative proposals, and state and local initiatives. The regulation of the algorithmic ecosystem will continue to evolve as the United States continues to search …
Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega
Securing Technological Privacy: Modernizing The Texas Disciplinary Rules Of Professional Conduct To Protect Electronic Data, Ashley "Nikki" Vega
St. Mary's Journal on Legal Malpractice & Ethics
This comment explains how and why the Texas Disciplinary Rules of Professional Conduct (the “Texas Disciplinary Rules”) should be updated to reflect the modernization of technology. Lawyers must keep abreast of changes in the law and its practices; including those which are technological in nature. The American Bar Association (the “ABA”) recently amended the “technology provisions” of its Model Rules of Professional Conduct (the “Model Rules”); namely Rule 1.1 “Competence” and Rule 1.6 “Confidentiality of Information” in order to keep up with the benefits and risks associated with technology in the legal profession. Additionally, over half of all jurisdictions have …
The Cyberworld And Human Trafficking: A Double-Edged Sword, Bridget Dukes
The Cyberworld And Human Trafficking: A Double-Edged Sword, Bridget Dukes
Cybersecurity Undergraduate Research Showcase
This report examines the advantages and disadvantages associated with the growth of technology within the United States, specifically how technology, digital literacy, and cybersecurity can be used to both facilitate and combat sex trafficking and sexual exploitation on the Internet. The first part of the report addresses trafficking statistics in the United States, as well as legal intervention the country has taken against this epidemic, including an explanation of the Trafficking Victims Prevention Act and the FOSTA-SESTA bill. The second part of the report addresses the online recruitment of buyers and sellers, as well as how the use of open-source …
Hacking For Intelligence Collection In The Fight Against Terrorism: Israeli, Comparative, And International Perspectives, Asaf Lubin
Articles by Maurer Faculty
תקציר בעברית: הניסיון של המחוקק הישראלי להביא להסדרה מפורשת של סמכויות השב״כ במרחב הקיברנטי משקף מגמה רחבה יותר הניכרת בעולם לעיגון בחקיקה ראשית של הוראות בדבר פעולות פצחנות מצד גופי ביון ומודיעין ורשויות אכיפת חוק למטרות איסוף מודיעין לשם סיכול עבירות חמורות, ובייחוד עבירות טרור אם בעבר היו פעולות מסוג אלה כפופות לנהלים פנימיים ומסווגים, הרי שהדרישה לשקיפות בעידן שלאחר גילויי אדוארד סנודן מחד והשימוש הנרחב בתקיפות מחשב לביצוע פעולות חיפוש וחקירה לסיכול טרור מאידך, מציפים כעת את הדרישה להסמכה מפורשת. במאמר זה אבקש למפות הן את השדה הטכנולוגי והן את השדה המשפטי בכל האמור בתקיפות מחשבים למטרות ריגול ומעקב. …