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Nebraska Transcript (University Of Nebraska College Of Law), Volume 49, Number 2, Fall 2016

Nebraska Transcript

3 Dean’s Message

4 Faculty Notes: Jack M. Beard, Kristen M. Blankley, Eve M. Brank, Richard F. Duncan, Eric Berger, Justin (Gus) Hurwitz, Richard A. Leiter, Brian D. Lepard, Colleen E. Medill, Richard E. Moberly, Sandra B. Placzek, Stefanie S. Pearlman, Harvey S. Perlman, Matthew P. Schaefer, Anthony B. Schutz, Brett C. Stohs, Ryan P. Sullivan, Jessica A. Shoemaker, Adam Thimmesch, Frans G. von der Dunk

9 Professor Kristen Blankley receives tenure

10 Blankley - A Uniform Theory of Federal Court Jurisdiction Under the Federal Arbitration Act

12 ‘Smile that it happened:’ The Larry Berger era— By Professor Steve Willborn …

The Impact Of Low Self-Control On Online Harassment: Interaction With Opportunity., Hyunin Baek, Michael M. Losavio, George E. Higgins

Journal of Digital Forensics, Security and Law

Developing Internet technology has increased the rates of youth online harassment. This study examines online harassment from adolescents with low self-control and the moderating effect of opportunity. The data used in this study were collected by the Korea Institute of Criminology in 2009. The total sample size was 1,091. The results indicated that low self-control, opportunity, and gender have a significant influence on online harassment. However, these results differed according to gender; for males, low self-control significantly impacted online harassment; for females, however, only low self-control significantly impacted online harassment. Furthermore, the interaction between low self-control and opportunity did not …

A Legal Examination Of Revenge Pornography And Cyber-Harassment, Thomas Lonardo, Tricia Martland, Doug White

Journal of Digital Forensics, Security and Law

This paper examines the current state of the statutes in the United States as they relate to cyber-harassment in the context of "revenge porn". Revenge porn refers to websites which cater to those wishing to exploit, harass, or otherwise antagonize their ex partners using pornographic images and videos which were obtained during their relationships. The paper provide examples and illustrations as well as a summary of current statute in the United States. The paper additionally explores some of the various legal remedies available to victims of revenge pornography.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Special Issue On Cyberharassment Investigation: Advances And Trends, Joanne Bryce, Virginia N. L. Franqueira, Andrew Marrington

Journal of Digital Forensics, Security and Law

Empirical and anecdotal evidence indicates that cyberharassment is more prevalent as the use of social media becomes increasingly widespread, making geography and physical proximity irrelevant. Cyberharassment can take different forms (e.g., cyberbullying, cyberstalking, cybertrolling), and be motivated by the objectives of inflicting distress, exercising control, impersonation, and defamation. Little is currently known about the modus operandi of offenders and their psychological characteristics. Investigation of these behaviours is particularly challenging because it involves digital evidence distributed across the devices of both alleged offenders and victims, as well as online service providers, sometimes over an extended period of time. This special issue …

Differentiating Cyberbullies And Internet Trolls By Personality Characteristics And Self-Esteem, Lauren A. Zezulka, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Cyberbullying and internet trolling are both forms of online aggression or cyberharassment; however, research has yet to assess the prevalence of these behaviors in relationship to one another. In addition, the current study was the first to investigate whether individual differences and self-esteem discerned between self-reported cyberbullies and/or internet trolls (i.e., Never engaged in either, Cyberbully-only, Troll-only, Both Cyberbully and Troll). Of 308 respondents solicited from Mechanical Turk, 70 engaged in cyberbullying behaviors, 20 engaged in only trolling behaviors, 129 self-reported both behaviors, and 89 self-reported neither behavior. Results yielded low self-esteem, low conscientiousness, and low internal moral values for …

Toward Online Linguistic Surveillance Of Threatening Messages, Brian H. Spitzberg, Jean Mark Gawron

Journal of Digital Forensics, Security and Law

Threats are communicative acts, but it is not always obvious what they communicate or when they communicate imminent credible and serious risk. This paper proposes a research- and theory-based set of over 20 potential linguistic risk indicators that may discriminate credible from non-credible threats within online threat message corpora. Two prongs are proposed: (1) Using expert and layperson ratings to validate subjective scales in relation to annotated known risk messages, and (2) Using the resulting annotated corpora for automated machine learning with computational linguistic analyses to classify non-threats, false threats, and credible threats. Rating scales are proposed, existing threat corpora …

A Tale Of Two Clinics: Similarities And Differences In Evidence Of The Clinic Effect On The Development Of Law Students' Ethical And Altruistic Professional Identities, Jonel Newman, Donald Nicolson

Buffalo Public Interest Law Journal

No abstract provided.

Down But Not Out! How Law School Clinics Can Help Bridge The Small Claims Court Access To Justice Gap, Rebecca Nieman

Buffalo Public Interest Law Journal

No abstract provided.

Trending @ Rwu Law: Michael Bowden's Post: Come & Celebrate Roger On The Block 08/31/2016, Michael Bowden

Law School Blogs

No abstract provided.

Puzzling Out Law's Person, David A. Wishart

Indiana Journal of Global Legal Studies

How is the person to be conceptualized in law? Is it subject or object, what is its ontology and teleology? These are old questions, but ones newly raised by changing ideas of the province of the state, technology, and the extension of legality. Examples include the protection of the fetus in utero; contractualization of relationships, including those of welfare; the regulation of intimacy; the idea of government business; interventions in the business of the firm; and challenges to legal entitihood as constructing personhood. Much discussion of these is incommensurable in terms of place, culture, and discipline. This article ventures a …

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …

Identifying Criminals’ Risk Preferences, Murat C. Mungan, Jonathan Klick

Faculty Scholarship

There is a 250-year-old presumption in the criminology and law enforcement literature that people are deterred more by increases in the certainty rather than increases in the severity of legal sanctions. We call this presumption the Certainty Aversion Presumption (CAP). Simple criminal decision-making models suggest that criminals must be risk seeking if they behave consistently with CAP. This implication leads to disturbing interpretations, such as criminals being categorically different from law-abiding people, who often display risk-averse behavior while making financial decisions. Moreover, policy discussions that incorrectly rely on criminals’ risk attitudes implied by CAP are ill informed, and may therefore …

How To Make The Jailhouse Rock: An Evaluation Of Effective Music Therapy Methods Among Juvenile Offenders, Katelyn Rose Tomasello

Music

No abstract provided.

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

Sim Card Forensics: Digital Evidence, Nada Ibrahim, Nuha Al Naqbi, Farkhund Iqbal, Omar Alfandi

Annual ADFSL Conference on Digital Forensics, Security and Law

With the rapid evolution of the smartphone industry, mobile device forensics has become essential in cybercrime investigation. Currently, evidence forensically-retrieved from a mobile device is in the form of call logs, contacts, and SMSs; a mobile forensic investigator should also be aware of the vast amount of user data and network information that are stored in the mobile SIM card such as ICCID, IMSI, and ADN. The aim of this study is to test various forensic tools to effectively gather critical evidence stored on the SIM card. In the first set of experiments, we compare the selected forensic tools in …

Assessing The Gap: Measure The Impact Of Phishing On An Organization, Brad Wardman

Annual ADFSL Conference on Digital Forensics, Security and Law

Phishing has become one of the most recognized words associated with cybercrime. As more organizations are being targeted by phishing campaigns, there are more options within the industry to deter such attacks. However, there is little research into how much damage these campaigns are causing organizations. This paper will show how financial organizations can be impacted by phishing and present a method for accurately quantifying resultant monetary losses. The methodology presented in this paper can be adapted to other organizations in order to quantify phishing losses across industries.

Keywords: phishing, cybercrime, economics

Wban Security Management In Healthcare Enterprise Environments, Karina Bahena, Manghui Tu

Annual ADFSL Conference on Digital Forensics, Security and Law

As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent such data breaches. Various vulnerabilities have been identified in healthcare enterprise environments, in which the Wireless Body Area Networks (WBAN) remains to be a major vulnerability, which can be easily taken advantage of by determined adversaries. Thus, vulnerabilities of WBAN systems and the effective countermeasure mechanisms to secure WBAN are urgently needed. In this research, first, the architecture of WBAN system has been explored, and the …

Forensics Analysis Of Privacy Of Portable Web Browsers, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Web browser vendors offer a portable web browser option which is considered as one of the features that provides user privacy. Portable web browser is a browser that can be launched from a USB flash drive without the need for its installation on the host machine. Most popular web browsers have portable versions of their browsers as well. Portable web browsing poses a great challenge to computer forensic investigators who try to reconstruct the past browsing history, in case of any computer incidence. This research examines various sources in the host machine such as physical memory, temporary, recent, event files, …

Reverse Engineering A Nit That Unmasks Tor Users, Matthew Miller, Joshua Stroschein, Ashley Podhradsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper is a case study of a forensic investigation of a Network Investigative Technique (NIT) used by the FBI to deanonymize users of a The Onion Router (Tor) Hidden Service. The forensic investigators were hired by the defense to determine how the NIT worked. The defendant was ac- cused of using a browser to access illegal information. The authors analyzed the source code, binary files and logs that were used by the NIT. The analysis was used to validate that the NIT collected only necessary and legally authorized information. This paper outlines the publicly available case details, how the …

Malware In The Mobile Device Android Environment, Diana Hintea, Robert Bird, Andrew Walker

Annual ADFSL Conference on Digital Forensics, Security and Law

exploit smartphone operating systems has exponentially expanded. Android has become the main target to exploit due to having the largest install base amongst the smartphone operating systems and owing to the open access nature in which application installations are permitted. Many Android users are unaware of the risks associated with a malware infection and to what level current malware scanners protect them. This paper tests how efficient the currently available malware scanners are. To achieve this, ten representative Android security products were selected and tested against a set of 5,560 known and categorized Android malware samples. The tests were carried …

Forensic Analysis Of Smartphone Applications For Privacy Leakage, Diana Hintea, Chrysanthi Taramonli, Robert Bird, Rezhna Yusuf

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphone and tablets are personal devices that have diffused to near universal ubiquity in recent years. As Smartphone users become more privacy-aware and -conscious, research is needed to understand how “leakage” of private information (personally identifiable information – PII) occurs. This study explores how leakage studies in Droid devices should be adapted to Apple iOS devices. The OWASP Zed Attack Proxy (ZAP) is examined for 50 apps in various categories. This study confirms that: (1) most apps transmit unencrypted sensitive PII, (2) SSL is used by some recipient websites, but without corresponding app compliance with SSL, and (3) most apps …

Inferring Previously Uninstalled Applications From Residual Partial Artifacts, Jim Jones, Tahir Khan, Kathryn Laskey, Alex Nelson, Mary Laamanen, Douglas White

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper, we present an approach and experimental results to suggest the past presence of an application after the application has been uninstalled and the system has remained in use. Current techniques rely on the recovery of intact artifacts and traces, e.g., whole files, Windows Registry entries, or log file entries, while our approach requires no intact artifact recovery and leverages trace evidence in the form of residual partial files. In the case of recently uninstalled applications or an instrumented infrastructure, artifacts and traces may be intact and complete. In most cases, however, digital artifacts and traces are al- …

One-Time Pad Encryption Steganography System, Michael J. Pelosi, Gary Kessler, Michael Scott S. Brown

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce and describe a novel approach to adaptive image steganography which is combined with One-Time Pad encryption, and demonstrate the software which implements this methodology. Testing using the state-of-the-art steganalysis software tool StegExpose concludes the image hiding is reliably secure and undetectable using reasonably-sized message payloads (≤25% message bits per image pixel; bpp). Payload image file format outputs from the software include PNG, BMP, JP2, JXR, J2K, TIFF, and WEBP. A variety of file output formats is empirically important as most steganalysis programs will only accept PNG, BMP, and possibly JPG, as the file inputs.

Keywords: …

Applying Grounded Theory Methods To Digital Forensics Research, Ahmed Almarzooqi, Andrew Jones, Richard Howley

Annual ADFSL Conference on Digital Forensics, Security and Law

Deciding on a suitable research methodology is challenging for researchers. In this paper, grounded theory is presented as a systematic and comprehensive qualitative methodology in the emergent field of digital forensics research. This paper applies grounded theory in a digital forensics research project undertaken to study how organisations build and manage digital forensics capabilities. This paper gives a step-by-step guideline to explain the procedures and techniques of using grounded theory in digital forensics research. The paper gives a detailed explanation of how the three grounded theory coding methods (open, axial, and selective coding) can be used in digital forensics research. …

Covert6: A Tool To Corroborate The Existence Of Ipv6 Covert Channels, Raymond A. Hansen, Lourdes Gino, Dominic Savio

Annual ADFSL Conference on Digital Forensics, Security and Law

Covert channels are any communication channel that can be exploited to transfer information in a manner that violates the system’s security policy. Research in the field has shown that, like many communication channels, IPv4 and the TCP/IP protocol suite have been susceptible to covert channels, which could be exploited to leak data or be used for anonymous communications. With the introduction of IPv6, researchers are acutely aware that many vulnerabilities of IPv4 have been remediated in IPv6. However, a proof of concept covert channel system was demonstrated in 2006. A decade later, IPv6 and its related protocols have undergone major …

Acceleration Of Statistical Detection Of Zero-Day Malware In The Memory Dump Using Cuda-Enabled Gpu Hardware, Igor Korkin, Iwan Nesterow

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper focuses on the anticipatory enhancement of methods of detecting stealth software. Cyber security detection tools are insufficiently powerful to reveal the most recent cyber-attacks which use malware. In this paper, we will present first an idea of the highest stealth malware, as this is the most complicated scenario for detection because it combines both existing anti-forensic techniques together with their potential improvements. Second, we will present new detection methods which are resilient to this hidden prototype. To help solve this detection challenge, we have analyzed Windows’ memory content using a new method of Shannon Entropy calculation; methods of …

Using Computer Behavior Profiles To Differentiate Between Users In A Digital Investigation, Shruti Gupta, Marcus Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

Most digital crimes involve finding evidence on the computer and then linking it to a suspect using login information, such as a username and a password. However, login information is often shared or compromised. In such a situation, there needs to be a way to identify the user without relying exclusively on login credentials. This paper introduces the concept that users may show behavioral traits which might provide more information about the user on the computer. This hypothesis was tested by conducting an experiment in which subjects were required to perform common tasks on a computer, over multiple sessions. The …

Current Challenges And Future Research Areas For Digital Forensic Investigation, David Lillis, Brett A. Becker, Tadhg O’Sullivan, Mark Scanlon

Annual ADFSL Conference on Digital Forensics, Security and Law

Given the ever-increasing prevalence of technology in modern life, there is a corresponding increase in the likelihood of digital devices being pertinent to a criminal investigation or civil litigation. As a direct consequence, the number of investigations requiring digital forensic expertise is resulting in huge digital evidence backlogs being encountered by law enforcement agencies throughout the world. It can be anticipated that the number of cases requiring digital forensic analysis will greatly increase in the future. It is also likely that each case will require the analysis of an increasing number of devices including computers, smartphones, tablets, cloud-based services, Internet …

Forensic Analysis Of Ares Galaxy Peer-To-Peer Network, Frank Kolenbrander, Nhien-An Le-Khac, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

Child Abuse Material (CAM) is widely available on P2P networks. Over the last decade several tools were made for 24/7 monitoring of peer-to-peer (P2P) networks to discover suspects that use these networks for downloading and distribution of CAM. For some countries the amount of cases generated by these tools is so great that Law Enforcement (LE) just cannot handle them all. This is not only leading to backlogs and prioritizing of cases but also leading to discussions about the possibility of disrupting these networks and sending warning messages to potential CAM offenders. Recently, investigators are reporting that they are creating …