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Journal of Digital Forensics, Security and Law

No abstract provided.

Exploring Forensic Implications Of The Fusion Drive, Shruti Gupta, Marcus Rogers

Journal of Digital Forensics, Security and Law

This paper explores the forensic implications of Apple’s Fusion Drive. The Fusion Drive is an example of auto-tiered storage. It uses a combination of a flash drive and a magnetic drive. Data is moved between the drives automatically to maximize system performance. This is different from traditional caches because data is moved and not simply copied. The research included understanding the drive structure, populating the drive, and then accessing data in a controlled setting to observe data migration strategies. It was observed that all the data is first written to the flash drive with 4 GB of free space always …

Effects Of The Factory Reset On Mobile Devices, Riqui Schwamm, Neil C. Rowe

Journal of Digital Forensics, Security and Law

Mobile devices usually provide a “factory-reset” tool to erase user-specific data from the main secondary storage. 9 Apple iPhones, 10 Android devices, and 2 BlackBerry devices were tested in the first systematic evaluation of the effectiveness of factory resets. Tests used the Cellebrite UME-36 Pro with the UFED Physical Analyzer, the Bulk Extractor open-source tool, and our own programs for extracting metadata, classifying file paths, and comparing them between images. Two phones were subjected to more detailed analysis. Results showed that many kinds of data were removed by the resets, but much user-specific configuration data was left. Android devices did …

The Cost Of Privacy: Riley V. California’S Impact On Cell Phone Searches, Jennifer L. Moore, Jonathan Langton, Joseph Pochron

Journal of Digital Forensics, Security and Law

Riley v. California is the United States Supreme Court’s first attempt to regulate the searches of cell phones by law enforcement. The 2014 unanimous decision requires a warrant for all cell phone searches incident to arrest absent an emergency. This work summarizes the legal precedent and analyzes the limitations and practical implications of the ruling. General guidelines for members of the criminal justice system at all levels consistent with the Supreme Court’s decision are provided.

From The Editor, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

In this issue we have three papers that have made the cut. The first paper titled “The Cost of Privacy: Riley v. California’s Impact on Cell Phone Searches” is timely. In 2014 there was a unanimous decision that requires a warrant for all cell phone searches. This has some strong implications on the forensic analysis of mobile phones, and to that end, this article discusses and summarizes this legal precedent with its practical implications.

Quantifying Relevance Of Mobile Digital Evidence As They Relate To Case Types: A Survey And A Guide For Best Practice, Shahzad Saleem, Ibrahim Baggili, Oliver Popov

Journal of Digital Forensics, Security and Law

In this work, a survey was conducted to help quantify the relevance of nineteen types of evidence (such as SMS) to seven types of digital investigations associated with mobile devices (MD) (such as child pornography). 97 % of the respondents agreed that every type of digital evidence has a different level of relevance to further or solve a particular investigation. From 55 serious participants, a dataset of 5,772 responses regarding the relevance of nineteen types of digital evidence for all the seven types of digital investigations was obtained. The results showed that (i) SMS belongs to the most relevant type …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: The X-Ways Forensics Practitioner's Guide, Linda Lau

Journal of Digital Forensics, Security and Law

Brett Shavers is a former law enforcement officer, a digital forensics examiner, an adjunct instructor, and a frequent speaker at many conferences. After writing his first book, titled Placing the Suspect Behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects, he co-wrote his 2nd book with Eric Zimmerman and Jimmy Weg, who is a knowledgeable technical editor. Both Brett and Eric are experts in cyber forensics, with many years of law enforcement experience at both the state and federal levels.

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s fourth and final issue for 2014! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. It has been a big year for JDFSL as the journal continues to progress. I would like to highlight our critical achievements for 2014 before touching on the papers that were accepted in this issue: 1. JDFSL has gone to a fully open access model without author payment through support from academic institutions. 2. JDFSL has formed and continues to form partnerships with various conferences that relate to cyber security and …

A State-Of-The-Art Review Of Cloud Forensics, Sameera Almulla, Youssef Iraqi, Andrew Jones

Journal of Digital Forensics, Security and Law

Cloud computing and digital forensics are emerging fields of technology. Unlike traditional digital forensics where the target environment can be almost completely isolated, acquired and can be under the investigators control; in cloud environments, the distribution of computation and storage poses unique and complex challenges to the investigators. Recently, the term “cloud forensics” has an increasing presence in the field of digital forensics. In this state-of-the-art review, we included the most recent research efforts that used “cloud forensics” as a keyword and then classify the literature into three dimensions: (1) survey-based, (2) technology-based and (3) forensics-procedural-based. We discuss widely accepted …

Book Review: Judiciary-Friendly Forensics Of Software Copyright Infringement (Vinod Polpaya Bhattathiripad), Pedro L. P. Sanchez

Journal of Digital Forensics, Security and Law

Judiciary-Friendly Forensics of Software Copyright Infringement is a book by Dr. Vinod Polpaya Bhattathiripad, published by IGI-Global as part of its Research Essentials series. The book discusses the forensics of software copyright infringement and highlights theoretical, functional, and procedural matters in the investigation of copyright infringement of software products, as well as the development of forensic technologies to detect and avoid software piracy. It is of interest to software forensic experts, lawyers in the field of copyright infringement, judges, software professionals, and students.

Technical Soddi Defenses: The Trojan Horse Defense Revisited, Chad M. Steel

Journal of Digital Forensics, Security and Law

In 2004, the Trojan horse defense was at a crossroads, having been successfully employed in two child pornography cases in the United Kingdom, resulting in acquittals. Despite the early successes, the Trojan horse defense has failed to become a regularly employed strategy. The original Trojan horse defense has now become part of the more general technical SODDI (Some Other Dude Did It) defense, which includes the possibility of unknown actors using unsecured Wi-Fi connections or having physical access to a computer to perform criminal acts. In the past ten years, it has not been effective in the United States for …

Fighting Child Pornography: A Review Of Legal And Technological Developments, Jasmine V. Eggestein, Kenneth J. Knapp

Journal of Digital Forensics, Security and Law

In our digitally connected world, the law is arguably behind the technological developments of the Internet age. While this causes many issues for law enforcement, it is of particular concern in the area of child pornography in the United States. With the wide availability of technologies such as digital cameras, peer-to-peer file sharing, strong encryption, Internet anonymizers and cloud computing, the creation and distribution of child pornography has become more widespread. Simultaneously, fighting the growth of this crime has become more difficult. This paper explores the development of both the legal and technological environments surrounding digital child pornography. In doing …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Racial Profiling As Collective Definition, Trevor George Gardner

Scholarship@WashULaw

Economists and other interested academics have committed significant time and effort to developing a set of circumstances under which an intelligent and circumspect form of racial profiling can serve as an effective tool in crime finding–the specific objective of finding criminal activity afoot. In turn, anti-profiling advocates tend to focus on the immediate efficacy of the practice, the morality of the practice, and/or the legality of the practice. However, the tenor of this opposition invites racial profiling proponents to develop more surgical profiling techniques to employ in crime finding. In the article, I review the literature on group distinction to …

Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood

Scholarship@WashULaw

What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.

Mass School Shootings: Predicting The Usage Of Firearms In Acts Of School Violence, Melanie A. Hart

College of Graduate Studies: Theses & Dissertations

Due to increased media attention and associated fear, school shootings have become a major concern for the public. Attempts to predict and prevent shootings have been developed by a variety of government agencies such as the Center for Disease Control and Prevention and the Federal Bureau of Investigation. A psychological profile, however, has yet to be established. This study uses demographic and behavioral characteristics of perpetrators and school characteristics to predict the likelihood of a perpetrator’s usage of firearms. A total of 345 perpetrators of mass school violence incidents are examined, including 266 who used firearms. White perpetrators and those …

Grappling At The Grassroots: Access To Justice In India's Lower Tier, Jayanth K. Krishnan, Shirish N. Kavadi, Azima Girach, Dhanaji Khupkar, Kilindi Kokal, Satyajeet Mazumdar, Nupar, Gayatri Panday, Aatreyee Sen, Aqseer Sodhi, Bharati Takale Shukla

Articles by Maurer Faculty

From 2010 to 2012, a team of academic and civil society researchers conducted extensive ethnographies of litigants, judges, lawyers, and courtroom personnel within multiple districts in three states: Maharashtra, Gujarat, and Himachal Pradesh. This Article provides an in-depth account of the everyday struggles these actors face in the pursuit of their respective objectives. The findings illustrate a complex matrix of variables-including infrastructure, staffing, judicial training and legal awareness, costs and continuances, gender and caste discrimination, power imbalances, intimidation and corruption, miscellaneous delays, and challenges with specialized forums-impact access to justice in the lower tier. The results of this study offer …

Cross-Border Targeted Killings: "Lawful But Awful"?, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Since September 11, the United States has waged two very open wars in Afghanistan and Iraq. These two wars have killed nearly 7,000 U.S. military personnel and left some 50,000 American troops wounded; they have also left an unknown number of Iraqi and Afghan soldiers and civilians dead or wounded. But alongside these two costly and visible wars, the United States has also been waging what amounts to a third war.

This third war is a secret war, waged mostly by drone strikes, though it has also involved a smaller number of special operations raids. The author calls this third …

An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall

Walden Dissertations and Doctoral Studies

Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …

Intellectual Diversity In The Legal Academy, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Elite law faculties are overwhelmingly liberal. Jim Lindgren has proven the point empirically. The author adds his impressions from Georgetown Law School to reinforce the point. Georgetown Law School is a faculty of 120, and, to the author's knowledge, the number of professors who are openly conservative, or libertarian, or Republican or, in any sense, to the right of the American center, is three—three out of 120. There are more conservatives on the nine-member United States Supreme Court than there are on this 120-member faculty. Moreover, the ideological median of the other 117 seems to lie not just left of …

Artificial Meaning, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …

Creative Engagements Indeed! Open "Disciplines," The Allure Of Others, And Intellectual Fertility, David A. Westbrook

Journal Articles

No abstract provided.

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Formative Assessment In Law Doctrinal Classes: Rethinking Grade Appeals, Roberto L. Corrada

Sturm College of Law: Faculty Scholarship

This article describes a practice I began several years ago to encourage students to review their midterm exams and to learn formatively from their exam and their review of it. The practice involves encouraging midterm grade appeals coupled with a high success rate (what I term, "robust" grade appeals). The practice has a number of ancillary benefits, I believe, in addition to the central benefits—getting students to learn more about law, learn from their mistakes and write better exams by meaningfully engaging and critiquing their own work on exams. This article describes and discusses the advantages and disadvantages of such …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 46, Number 2, Fall 2013

Nebraska Transcript

Dean’s Message, pg. 2

Faculty Updates

Profile: Richard Duncan, pg. 4

Profile: Glenda Pierce Retires, pg. 6

Faculty Notes, pg. 10

Schmidt Granted Tenure, pg. 20

Hurwitz Uses Computer Science Training, pg. 22

Sullivan Joins Civil Clinic Faculty, pg. 24

Feature:

College Opens Doors to New Clinical Experience, pg. 26

Around the College

Admissions: Introducing the Class of 2016, pg. 30

Poser Tours Air Force Base, pg. 33

CSO: Behind the Statistics, pg. 34

Levick’s Perry Fuller Program Lecture, pg. 38

Cline Williams Jurist in Residence:

Hon. Randall Rader, pg. 40

Pound Lecture Delivered by Levinson, pg. 42

Student Accolades, …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"In light of this being the second issue of the new journal and the last issue of Volume 1, I have many people to thank for making this issue – this volume – this journal – a reality."

Eugene Debs, Walls & Bars: Prisons & Prison Life In The “Land Of The Free”, Edward L. W. Green

Qualitative Criminology (QC)

"This piece reviews a largely overlooked account of prison experience written by Eugene V. Debs, concerning observations of prisons around the turn of the 20th century in the US. The book Walls and Bars: Prisons & Prison Life in the “Land of the Free” contributes many insights consistent with contemporary knowledge for criminology and criminal justice. It is not, however, without notable limitations. The subject-position of this account is clearly political and biased in a Protestant brand of morality and humanism. Debs expresses himself substantively throughout the book between the polemics of the sacred and the profane, although not in …