Law Commons^™

Column: Analysis Of Digital Traces, Fred Cohen

Journal of Digital Forensics, Security and Law

In part 1 of this series (Cohen, 2011a), Analysis of digital traces is a foundational process by which the examiner, typically using computer software tools, comes to understand and answer basic questions regarding digital traces.

Automatic Crash Recovery: Internet Explorer's Black Box, John Moran, Douglas Orr

Journal of Digital Forensics, Security and Law

A good portion of today's investigations include, at least in part, an examination of the user's web history. Although it has lost ground over the past several years, Microsoft's Internet Explorer still accounts for a large portion of the web browser market share. Most users are now aware that Internet Explorer will save browsing history, user names, passwords and form history. Consequently some users seek to eliminate these artifacts, leaving behind less evidence for examiners to discover during investigations. However, most users, and probably a good portion of examiners are unaware Automatic Crash Recovery can leave a gold mine of …

To License Or Not To License Updated: An Examination Of State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Doug White, Alan Rea

Journal of Digital Forensics, Security and Law

In this update to the 2009 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. After identification and review of Private Investigator licensing requirements, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners, but do see a trend of more states making some distinction. The authors contacted all state regulatory agencies where statutory language was not explicit, and as a result, set forth the various state approaches to professional Digital Examiner licensing. As was the case in the previous two iterations of this research, the …

Book Review: Dispute Resolution And E-Discovery, Milton Luoma

Journal of Digital Forensics, Security and Law

As is apparent from its title, this book tackles two very current and difficult legal issues – electronic discovery and dispute resolution. The authors tie the two legal concepts together in an effort to provide litigants and practitioners a less expensive and less time consuming alternative than is typically the case with traditional litigation and court proceedings. By including electronic discovery in the discussions, the authors recognize the importance and significance of electronic discovery in mediation and arbitration as it is in traditional litigation.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The Science Of Digital Forensics: Recovery Of Data From Overwritten Areas Of Magnetic Media, Fred Cohen

Journal of Digital Forensics, Security and Law

The first time I encountered data loss and recovery effects of magnetic memory was as a night and weekend computer operator for the computer science department of Carnegie-Mellon University in the 1973-1974 time frame. Part of my job involved dealing directly with outages and failures associated with magnetic memory components used in what, at the time, were large computer systems. On occasions, portions of magnetic core memory or disk drives would encounter various failure modes and the systems using these devices would have to be reconfigured to operate without the failed components until repair personnel could come in to repair …

“Preemptive Suppression” – Judges Claim The Right To Find Digital Evidence Inadmissible Before It Is Even Discovered, Bob Simpson

Journal of Digital Forensics, Security and Law

Vermont state prosecutors have asked the Vermont Supreme Court to end a state trial judge’s practice of attaching conditions to computer warrants. The Vermont judge’s conditions are drawn from five conditions established in the 2009 decision of the 9th Circuit Court of Appeals in the Comprehensive Drug Testing, Inc. case (CDT II). This is the first time the validity of the “CDT conditions” will be decided by a state court of final jurisdiction in the United States

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Journal of Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

Implementing The Automated Phases Of The Partially-Automated Digital Triage Process Model, Gary Cantrell, David A. Dampier

Journal of Digital Forensics, Security and Law

Digital triage is a pre-digital-forensic phase that sometimes takes place as a way of gathering quick intelligence. Although effort has been undertaken to model the digital forensics process, little has been done to-date to model digital triage. This work discusses the further development of a model that attempts to address digital triage, the Partially-automated Crime Specific Digital Triage Process model. The model itself will be presented along with a description of how its automated functionality was implemented to facilitate model testing.

An Australian Perspective On The Challenges For Computer And Network Security For Novice Endusers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

It is common for end-users to have difficulty in using computer or network security appropriately and thus have often been ridiculed when misinterpreting instructions or procedures. This discussion paper details the outcomes of research undertaken over the past six years on why security is overly complex for endusers. The results indicate that multiple issues may render end-users vulnerable to security threats and that there is no single solution to address these problems. Studies on a small group of senior citizens has shown that educational seminars can be beneficial in ensuring that simple security aspects are understood and used appropriately.

Forensic Evidence Identification And Modeling For Attacks Against A Simulated Online Business Information System, Manghui Tu, Dianxiang Xu, Eugene Butler, Amanda Schwartz

Journal of Digital Forensics, Security and Law

Forensic readiness of business information systems can support future forensics investigation or auditing on external/internal attacks, internal sabotage and espionage, and business fraud. To establish forensics readiness, it is essential for an organization to identify which fingerprints are relevant and where they can be located, to determine whether they are logged in a forensically sound way and whether all the needed fingerprints are available to reconstruct the events successfully. Also, a fingerprint identification and locating mechanism should be provided to guide potential forensics investigation in the future. Furthermore, mechanisms should be established to automate the security incident tracking and reconstruction …

Extraction Of Electronic Evidence From Voip: Identification & Analysis Of Digital Speech, David Irwin, Arek Dadej, Jill Slay

Journal of Digital Forensics, Security and Law

The Voice over Internet Protocol (VoIP) is increasing in popularity as a cost effective and efficient means of making telephone calls via the Internet. However, VoIP may also be an attractive method of communication to criminals as their true identity may be hidden and voice and video communications are encrypted as they are deployed across the Internet. This produces a new set of challenges for forensic analysts compared with traditional wire-tapping of the Public Switched Telephone Network (PSTN) infrastructure, which is not applicable to VoIP. Therefore, other methods of recovering electronic evidence from VoIP are required. This research investigates the …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Technology Corner: A Regular Expression Training App, Nick V. Flor

Journal of Digital Forensics, Security and Law

Regular expressions enable digital forensic analysts to find information in files. The best way for an analyst to become proficient in writing regular expressions is to practice. This paper presents the code for an app that allows an analyst to practice writing regular expressions.

Book Review: Mastering Windows Network Forensics And Investigation, 2/E, John C. Ebert

Journal of Digital Forensics, Security and Law

The book is available as a paperback and e-book. The e-book versions allow you to preview several chapters at any of a number of online vendors. The e-book prices vary from the same as the soft cover version ($59.99) to about $38.99. Some of the vendor's e-books retain the color illustrations found in the print version, but others produce them in grey scale, so you might want to look out for that. The book is divided into four parts (17 chapters) plus two appendices.

I am compelled to give the book illustrations a highly unfavorable assessment regarding their readability qualities. …

Recidivism Rates Of Youth Discharged From Supervision 2006 - 2009, Becky Noréus, Jillian Foley Mppm

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

Recidivism in this report is defined as a re‐adjudication (juvenile system) or conviction (adult system) for a new offense committed by a youth in Maine within three years after release from DJS supervision. This report measures DJS impact on youth who have been released from DJS supervision by …

Made In The U.S.A.: Corporate Responsibility And Collective Identity In The American Automotive Industry, Benjamin Levin

Scholarship@WashULaw

This Article seeks to challenge the corporate-constructed image of American business and American industry. By focusing on the automotive industry and particularly on the tenuous relationship between the rhetoric of automotive industry advertising and the realities of doctrinal corporate law, I hope to examine the ways that we as social actors, legal actors, and (perhaps above all) consumers understand what it means for a corporation or a corporation’s product to be American. In a global economy where labor, profits, and environmental effects are spread across national borders, what does it mean for a corporation to present the impression of national …

Blue-Collar Crime: Conspiracy, Organized Labor, And The Anti-Union Civil Rico Claim, Benjamin Levin

Scholarship@WashULaw

This Article provides an historically-rooted analysis of a recent spate of civil RICO complaints arising from labor union organizing campaigns. The Article historicizes contemporary civil RICO suits against labor unions by analogizing to nineteenth century conspiracy prosecutions of unions. In tracing this history of organized labor’s social standing, the Article addresses the cultural framing of the union and its place in political and cultural discourse over the past century. The civil RICO complaints have received limited scholarly attention mainly focusing on issues of federal preemption; this Article argues for a broad reading of the cases as a way to understand …

Electronic Privacy And Employee Speech, Pauline Kim

Scholarship@WashULaw

The boundary between work and private life is blurring as a result of changes in the organization of work and advances in technology. Current privacy law is ill-equipped to address these changes and as a result, employees’ privacy in their electronic communications is only weakly protected from employer scrutiny. At the same time, the law increasingly protects certain socially valued forms of employee speech. In particular, collective speech, speech that enforces workplace regulations and speech that deters or reports employer wrong-doing are explicitly protected by law from employer reprisals. These two developments — weak protection of employee privacy and increased …

A Dynamic Model Of Doctrinal Choice, Scott Baker, Pauline Kim

Scholarship@WashULaw

This paper develops a repeated game model of the choice of doctrinal form by a higher court. Doctrine can take any point along a continuum from more determinate, rule-like legal commands to more flexible, standard-like directives. In deciding a case, the Supreme Court not only decides on a substantive outcome, but also chooses where on this continuum to set the doctrine. The lower court then applies the legal command to future cases. In doing so, it may wish to take into account new information, but the cost of doing so varies with the form of the legal doctrine. The model …

Factions For The Rest Of Us, John D. Inazu

Scholarship@WashULaw

This essay responds to essays by Professors Ashutosh Bhagwat, Susan Appleton, and Robert Vischer on my book Liberty’s Refuge: The Forgotten Freedom of Assembly. The essays were presented at a March 2012 discussion hosted by Washington University School of Law that included additional presentations from Gregory Magarian, Bernadette Meyler, Ian MacMullen, and Neil Richards.

I had three objectives in writing Liberty’s Refuge, one diagnostic, one historical, and one normative. The diagnosis highlights difficulties with the current doctrine of intimate and expressive association. The history excavates the prominent role that the right of assembly occupies in our constitutional and popular past. …

Justice Ginsburg And Religious Liberty, John D. Inazu

Scholarship@WashULaw

Justice Ginsburg has left an important mark on many areas of the Supreme Court’s jurisprudence, but she has written relatively little in the area of religion. This relatively small footprint increased significantly in the opinion that she wrote in the Court's 2010 decision in Christian Legal Society v. Martinez. In particular, Martinez's dismissal of the religious association claim at the center of the case dealt a severe blow to religious liberty advocates who have struggled to find alternate means of protecting religious expression in the twenty years since the Court’s decision in Employment Division v. Smith (which relegated to rational …

The Limits Of Integrity, John D. Inazu

Scholarship@WashULaw

This article draws upon the work of theologian Stanley Hauerwas to demonstrate how Ronald Dworkin’s theory of law as integrity relies upon secular liberal presuppositions. Dworkin’s constraint on “religious convictions or goals” not only inhibits theological argument in our discussions about law and legal interpretation, but also neutralizes what may be the strongest objections to Dworkin’s normative views. The juxtaposition of Hauerwas and Dworkin is particularly apt because both hold similar interpretive commitments that hang in the balance between a fixed textualism and an unbounded pragmatism. Both justify their epistemic practices by a kind of faith — they do not …

Liberty's Refuge: The Forgotten Freedom Of Assembly, John D. Inazu

Scholarship@WashULaw

This original and provocative book looks at an important constitutional freedom that today is largely forgotten: the right of assembly. While this right lay at the heart of some of the most important social movements in American history—abolitionism, women's suffrage, the labor and civil rights movements—courts now prefer to speak about the freedoms of association and speech. But the right of “expressive association” undermines protections for groups whose purposes are demonstrable not by speech or expression but through ways of being. John D. Inazu demonstrates that the forgetting of assembly and the embrace of association lose sight of important dimensions …

Stanley Hauerwas And The Law: Is There Anything To Say - Theological Argument In Law: Engaging With Stanley Hauerwas: Foreword, John D. Inazu

Scholarship@WashULaw

This essay is the special editor's introduction to a forthcoming symposium in Law & Contemporary Problems that explores the work of theologian Stanley Hauerwas and its implications for law and legal scholarship. Although not well-known in the legal academy, Hauerwas is an important scholar and public intellectual who has written scores of books and hundreds of articles, been named "America's Best Theologian" by Time Magazine, and delivered the prestigious Gifford Lectures. He has arguably “articulated the most coherent and influential political theology in and for the North American context” and has been “at the forefront of major transformations in theology” …

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …

Does The Lawyer Make A Difference? Public Defender V. Appointed Counsel, Peter A. Joy, Kevin C. Mcmunigal

Scholarship@WashULaw

A recent study found that poor criminal defendants in Philadelphia who were represented by court-appointed private lawyers were more often found guilty and sentenced to more time in prison than similarly situated defendants represented by public defenders. In this column, we review the details of the study, its findings, and its ethical and constitutional implications.

Modifying Rand Commitments To Better Price Patents In The Standards Setting Context, Kyle Rozema

Scholarship@WashULaw

This Article addresses a single problem: how can we allow engineers and scientists from different institutions to collaborate to set the best technical standards possible, not considering intellectual property (“IP”) rights, and then establish the royalty rates for each patent owner after the standard is set? The current system attempting to solve this problem requires patent owner participants to sign a Reasonable and Non-Discriminatory (“RAND”) commitment. These RAND commitments require the participants to agree an ante, i.e., before the standard is actually set, to license whatever patent rights they may ultimately have in the standard on terms that are reasonable …

The Cost Of Clinical Legal Education, Peter A. Joy

Scholarship@WashULaw

Critics of clinical legal education often malign its expense and look to clinical budget cuts as the primary means of reducing costs in legal education. This narrow focus, however, ignores the important function that clinical legal education plays in educating law students to be ready for practice and assumes other legal education expenses are more important. The 1992 McCrate Report, the 2007 Carnegie Report, and other studies demonstrate that clinical legal education is necessary to produce a well-rounded and practice ready law student. Though clinical legal education should not be immune to cost restraints, neither should any other type of …

Why Lawyers Should Assess Lawyer's Ethics: A Review Of Adrian Evans, Assessing Lawyers' Ethics: A Practitioner's Guide, Peter A. Joy

Scholarship@WashULaw

There has been a growing interest in empirical research on law firms and lawyer conduct for more than a decade. Recent studies have reached the same conclusion as studies from the 1960s and 1970s – the ethical culture in the law office is critical to the ethical behavior of the individual lawyers in the office.

With this in mind, the question becomes this: What should the legal profession do to encourage better law firm management to promote ethical behavior? In ASSESSING LAWYERS' ETHICS, Adrian Evans maintains that law societies and bar associations could improve lawyers' ethical behavior through various strategies …