Law Commons^™

The Use Of Ontologies In Forensic Analysis Of Smartphone Content, Mohammed Alzaabi, Thomas A. Martin, Kamal Taha, Andy Jones

Journal of Digital Forensics, Security and Law

Digital forensics investigators face a constant challenge in keeping track with evolving technologies such as smartphones. Analyzing the contents of these devices to infer useful information is becoming more time consuming as the volume and complexity of data are increasing. Typically, such analysis is undertaken by a human, which makes it dependent on the experience of the investigator. To overcome such impediments, an automated technique can be utilized in order to aid the investigator to quickly and eciently analyze the data.In this paper, we propose F-DOS; a set of ontologies that models the smartphone content for the purpose of forensic …

Project Maelstrom: Forensic Analysis Of The Bittorrent-Powered Browser, Jason Farina, M-Tahar Kechadi, Mark Scanlon

Journal of Digital Forensics, Security and Law

In April 2015, BitTorrent Inc. released their distributed peer-to-peer powered browser, Project Maelstrom, into public beta. The browser facilitates a new alternative website distribution paradigm to the traditional HTTP-based, client-server model. This decentralised web is powered by each of the visitors accessing each Maelstrom hosted website. Each user shares their copy of the website;s source code and multimedia content with new visitors. As a result, a Maelstrom hosted website cannot be taken offline by law enforcement or any other parties. Due to this open distribution model, a number of interesting censorship, security and privacy considerations are raised. This paper explores …

Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova

Journal of Digital Forensics, Security and Law

With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …

Exploring The Use Of Plc Debugging Tools For Digital Forensic Investigations On Scada Systems, Tina Wu, Jason R.C. Nurse

Journal of Digital Forensics, Security and Law

The Stuxnet malware attack has provided strong evidence for the development of a forensic capability to aid in thorough post-incident investigations. Current live forensic tools are typically used to acquire and examine memory from computers running either Windows or Unix. This makes them incompatible with embedded devices found on SCADA systems that have their own bespoke operating system. Currently, only a limited number of forensics tools have been developed for SCADA systems, with no development of tools to acquire the program code from PLCs. In this paper, we explore this problem with two main hypotheses in mind. Our first hypothesis …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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

Journal of 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 …

Rules Of Professional Responsibility In Digital Forensics: A Comparative Analysis, Filipo Sharevski

Journal of Digital Forensics, Security and Law

The consolidation of the rules of professional responsibility as recommended by the Committee on Identifying the Needs of Forensic Sciences Community (2009) accents the establishment of an uniform code of ethics emphasizing the importance of enforceability in strengthening the role the forensic science plays within the criminal justice system. Equally pertinent for the domain of digital forensics, this imperative entails a research commitment in comparing and contrasting the respective codes of ethics to illustrate their “variety, specificity and enforceability” in order to inform the discussion on the regulative aspects of the digital forensic discipline. Accordingly, this paper reviews the professional …

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s second issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. In this issue, we continue our multidisciplinary tradition. The first paper, Two challenges of stealthy hypervisors detection: time cheating and data fluctuations, showcases an important contribution to the computing discipline. The use of virtualization has dramatically increased given our strong reliance on cloud services both private and public. Even though hypervisors enhance security, they can also be exploited by malware. Therefore, this paper is of importance given that it introduces a novel method …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The "Bring Your Own Device" Conundrum For Organizations And Investigators: An Examination Of The Policy And Legal Concerns In Light Of Investigatory Challenges, Carla J. Utter, Alan Rea

Journal of Digital Forensics, Security and Law

In recent years, with the expansion of technology and the desire to downsize costs within the corporate culture, the technology trend has steered towards the integration of personally owned mobile devices (i.e. smartphones) within the corporate and enterprise environment. The movement, known as “Bring Your Own Device” (hereinafter referred to as “BYOD”), seeks to minimize or eliminate the need for two separate and distinct mobile devices for one employee. While taken at face value this trend seems favorable, the corporate policy and legal implications of the implementation of BYOD are further complicated by significant investigatory issues that far outweigh the …

"If You Is White, You's Alright....": Stories About Colorism In America, Kimberly Jade Norwood

Scholarship@WashULaw

This Article examines the inefficiencies of Missouri municipal courts that came into sharp focus following the killing of Michael Brown by Officer Darren Wilson in Ferguson, Missouri. Norwood details and expands on her lone dissent in the Final Report of the Municipal Division Work Group—a group created by the Missouri Supreme Court to address the alleged abuses of black and poor residents in Missouri. Norwood argues for consolidating failing municipal courts to create larger, more functional, and just courts.

Reducing Racial And Ethnic Disparities In Jails: Recommendations For Local Practice, Jessica M. Eaglin, Danyelle Solomon

Articles by Maurer Faculty

People of color are overrepresented in our criminal justice system. One in three African American men born today will be incarcerated in his lifetime. In some cities, African Americans are ten times more likely to be arrested when stopped by police. With the national debate national focused on race, crime, and punishment, criminal justice experts are examining how to reduce racial disparities in our prisons and jails, which often serve as initial entry points for those who become entangled in the criminal justice system.

This report, which relies on input from 25 criminal justice leaders, pinpoints the drivers of racial …

Improving Economic Sanctions In The States, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

Sexual Assaults Among University Students: Prevention, Support, And Justice, Rebecca B. Reingold, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Sexual assault is common among college-aged women (18 to 25 years), with 1 in 5 reporting having experienced these crimes during their college years. Acute and long-term consequences of sexual assault may include physical trauma, sexually transmitted infections, posttraumatic stress disorder, depression, and substance abuse. Survivors have the option of reporting assaults to the university or to the police, but the goals of these 2 systems—and women’s experiences with them—can be quite different. The criminal justice system’s principal aim is to adjudicate guilt, but the university has the broader purpose of fostering a safe learning environment.

This article explores how …

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

Decision-Making In The Dark: How Pre-Trial Errors Change The Narrative In Criminal Jury Trials, Kara Mackillop, Neil Vidmar

Faculty Scholarship

Over the past decade and a half, a great deal of attention has rightfully been given to the issue of wrongful convictions. In 2003, Jim Dwyer, Peter Neufeld and Barry Scheck published Actual Innocence, an eyeopening treatise on the reality of wrongful convictions in the United States. In the years since, more than 1400 innocent persons have been exonerated, and a very diverse research community of attorneys, academics, social scientists, and activists has developed in response to the realization offlaws in our criminal justice system. In 2012, Brandon Garrett's Convicting the Innocent quantitatively evaluated the first 250 DNA exonerations and …

Decriminalizing Delinquency: The Effect Of Raising The Age Of Majority On Juvenile Recidivism, Charles E. Loeffler, Ben Grunwald

Faculty Scholarship

In the last decade, a number of states have expanded the jurisdiction of their juvenile courts by increasing the maximum age to 18. Proponents argue that these expansions reduce crime by increasing access to the beneficial features of the juvenile justice system. Critics counter that the expansions risk increasing crime by reducing deterrence. In 2010, Illinois raised the maximum age for juvenile court for offenders who commit a misdemeanor. By examining the effect of this law on juvenile offenders in Chicago, this paper provides the first empirical estimates of the consequences of recent legislative activity to raise the age of …

Culpability And Modern Crime, Samuel W. Buell

Faculty Scholarship

Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson

Walden Dissertations and Doctoral Studies

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …

Influences Of Csi Effect, Daubert Ruling, And Nas Report On Forensic Science Practices, Timothy Patrick Scanlan

Walden Dissertations and Doctoral Studies

The media exaggerates the capabilities of crime laboratories while it publicizes the wrongdoings of individual forensic scientists. Such portrayals skew the perspectives of jurors and hinder expert witness testimony. Complicating the problem are separate, but related, phenomena that influence how forensic laboratories conduct casework. These phenomena are Cole and Dioso-Villa's conceptualization of the unrealistic expectations of forensic science created by fictional television, known as the CSI Effect; the Daubert ruling on the admissibility of expert testimony; and some federal policy changes as a result of a National Academy of Sciences (NAS) report that impacted requirements for the daily operation of …

Maritime Piracy And Armed Robbery Confrontations Across The Globe: Can Crew Action Shape The Outcomes?, Justin Stewart Lewis

UNLV Theses, Dissertations, Professional Papers, and Capstones

Abstract

The recent tightening of military budget constraints has called into question the feasibility of costly multilateral naval intervention used to combat maritime piracy off the eastern coast of Africa. Though past studies agree that the transformation of the Somali economy and government is crucial for a long-term solution to piracy in this part of the world, short to medium-run solutions are needed to bridge the gap. Such solutions should be fiscally sensible and serve as effective deterrents, as well as be applicable in addressing the problem of piracy and maritime armed robbery in other parts of the globe.

In …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

Casa Of Franklin County, Megan Ellis, Maureen Conley

Learning Showcase 2014

Franklin County, children are appointed by the courts either a private attorney or a CASA volunteer GAL. CA abuse appointed SA volunteers complete an extensive screening and training process and are officially sworn officers of the court. CASA exists to serve the most at-risk and severe cases of child abuse and neglect in the community.

In 2014, over 3,000 children will enter the Franklin County Juvenile Courts System through no fault of their own as victims of abuse and neglect. CASA of Franklin County is on tract to serve over 805 of these; the most children CASA of Franklin County …

An Examination Of Violation Behavior Among Participating Offenders Involved In The Grant-Funded Rural Reentry Initiative Of Ohio Within Six Months After Release From Prison, Douglas Patrick, Brian Martin

Learning Showcase 2014

Prisoner reentry services currently face multiple implementation challenges when providing parolees an access to resources in rural communities. As an extension of existing evaluation efforts on Ohio’s Second Chance Act Grant-funded Rural Recidivism Reduction Program (OR3), this project will investigate post-prison violation behavior among a sample of offenders under supervision in a rural setting. Specifically, the project will serve as an examination of violation behavior among participating offenders involved in the grant-funded rural reentry initiative of Ohio within six months after release from prison.

Utilizing quasi experimental methods to compare outcomes among grant-funded participants and an appropriately selected comparison group, …

The Juvenile Justice System, Corrections And Human Trafficking, Maureen Elizabeth Mcgill

Learning Showcase 2014

What happens to these young victims? A homeless or runaway juvenile is befriended by someone, then plied with drugs and/or alcohol. This is where the trafficker begins to exert control over the victim. The victims are given food and shelter. Sex is expected in return. At this point the trafficker has established trust with the victim, misguided as it may be. Then, Stockholm syndrome begins to set in. This is where victims protect the trafficker for fear of losing access to drugs, food, shelter or money. The victims also comply with their captors out of a sense of loyalty toward …

7 Tips For An Efficient Faculty Bibliography: How To Tackle Faculty Bibliography Challenges With (Relative) Ease, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library: Faculty Publications

There are many reasons to compile a faculty bibliography: recording faculty accomplishments, preserving information for future generations, and supporting your institution’s external affairs office, to name a few. Also, it is a potential publication for librarians at a tenure-granting institution. So, why did we decide to create a faculty bibliography? It was a combination of past inquiries from our patrons and the need to publish. Prior to this bibliography, no such compilation of our faculty’s work existed. Although our library hosts a display of current faculty scholarship at the start of each fall semester to promote recent faculty publications, we …

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.