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Full-Text Articles in Law

Column: Every Last Byte, Simson Garfinkel Jan 2011

Column: Every Last Byte, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Inheritance powder is the name that was given to poisons, especially arsenic, that were commonly used in the 17th and early 18th centuries to hasten the death of the elderly. For most of the 17th century, arsenic was deadly but undetectable, making it nearly impossible to prove that someone had been poisoned. The first arsenic test produced a gas—hardly something that a scientist could show to a judge. Faced with a growing epidemic of poisonings, doctors and chemists spent decades searching for something better

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Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma Jan 2011

Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more …

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Kindle Forensics: Acquisition & Analysis, Peter Hannay Jan 2011

Kindle Forensics: Acquisition & Analysis, Peter Hannay

Journal of Digital Forensics, Security and Law

The Amazon Kindle eBook reader supports a wide range of capabilities beyond reading books. This functionality includes an inbuilt cellular data connection known as Whispernet. The Kindle provides web browsing, an application framework, eBook delivery and other services over this connection. The historic data left by user interaction with this device may be of forensic interest. Analysis of the Amazon Kindle device has resulted in a method to reliably extract and interpret data from these devices in a forensically complete manner.

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Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese Jan 2011

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese

Journal of Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

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Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday Jan 2011

Technology Corner: Analysing E-Mail Headers For Forensic Investigation, M. T. Banday

Journal of Digital Forensics, Security and Law

Electronic Mail (E-Mail), which is one of the most widely used applications of Internet, has become a global communication infrastructure service. However, security loopholes in it enable cybercriminals to misuse it by forging its headers or by sending it anonymously for illegitimate purposes, leading to e-mail forgeries. E-mail messages include transit handling envelope and trace information in the form of structured fields which are not stripped after messages are delivered, leaving a detailed record of e-mail transactions. A detailed header analysis can be used to map the networks traversed by messages, including information on the messaging software and patching policies …

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Table Of Contents Jan 2011

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly Jan 2011

Column: The Consortium Of Digital Forensics Specialists (Cdfs), Christopher Kelly

Journal of Digital Forensics, Security and Law

Digital forensic practitioners are faced with an extraordinary opportunity. In fact, we may never again be faced with such an opportunity, and this opportunity will challenge us in ways we may never again be challenged. At this point in the history of the Digital Forensics profession, digital forensic specialists have the unique opportunity to help this profession emerge from its infancy. But for this profession to mature -- and to flourish -- individuals and organizations integral to the practice must assemble and shape its future. This is our opportunity. In fact, this is our mandate.

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Column: The Physics Of Digital Information, Fred Cohen Jan 2011

Column: The Physics Of Digital Information, Fred Cohen

Journal of Digital Forensics, Security and Law

No abstract provided.

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Book Review: Online Privacy: Issues In The Digital Age, Darlene M. Tester Jan 2011

Book Review: Online Privacy: Issues In The Digital Age, Darlene M. Tester

Journal of Digital Forensics, Security and Law

This book is one of a series of books Currie has written about online areas of concern. This is the sixth book in the series. The purpose of the book is to act as a primer for people in the IT field who may need a point of reference for Internet issues such as gaming, security and privacy. The book takes a high level look at the complexities of privacy online from social networking to hackers and provides insight into what the most pressing issues of privacy are online today.

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Analysis Of Data Remaining On Second Hand Adsl Routers, Patryk Szewczyk Jan 2011

Analysis Of Data Remaining On Second Hand Adsl Routers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

In theory, an ADSL router can provide an additional layer of security to a wired and wireless network through; access control, wireless encryption, firewall rule sets, and network event logging. An ADSL router may also contain the users’ usage habits and broadband account credentials. However, end-users may be unaware of the intricacies of the security measures available and the potentially confidential information stored on their device. As a result a second hand ADSL router may contain a wealth of user-specific information if not wiped and disposed of in a secure manner. This paper shows the data that was acquired from …

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Technology Corner: Brute Force Password Generation -- Basic Iterative And Recursive Algorithms, Nick V. Flor, Haile Shannon Jan 2011

Technology Corner: Brute Force Password Generation -- Basic Iterative And Recursive Algorithms, Nick V. Flor, Haile Shannon

Journal of Digital Forensics, Security and Law

Most information systems are secured at minimum by some form of password protection. For various reasons a password may be unavailable, requiring some form of password recovery procedure. One such procedure is software-based automated password recovery, where a program attempts to log into a system by repeatedly trying different password combinations. At the core of such software is a password generator. This article describes the basic iterative and recursive algorithms for generating all possible passwords of a given length, which is commonly referred to as brute-force password generation. The paper ends with a discussion of alternative password recovery procedures one …

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Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian Jan 2011

Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian

Journal of Digital Forensics, Security and Law

Apple’s™ iPhone™ is one of the widest selling mobile on the market, thanks to its simple and user-friendly interface and ever growing pool of available high quality applications for both personal and business use. The increasing use of the iPhone leads forensics practitioners towards the need for tools to access and analyze the information stored in the device. This research aims at describing the process to forensically analyze a logical backup of an iPhone made by the Apple iTunes™ utility, understanding the backup’s structure, and creating a simple tool to automate the process of decoding and analyzing the data. In …

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A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto Jan 2011

A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto

Journal of Digital Forensics, Security and Law

As the proliferation of digital computational systems continue to expand, increasingly complex technologies emerge, including those regarding large, enterprise-wide, information storage and retrieval systems. Within this study, we examine four contemporary enterprise storage technologies. Our examination of these technologies is presented with an overview of the technological features of each offering and then followed with a discussion of the impact of these technologies on digital forensics methods, particularly regarding forensic data acquisition. We offer a general opinion concerning a recommended data acquisition method when faced with the task of obtaining a forensic image of data contained within these technologies, we …

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Table Of Contents Jan 2011

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Column: File Cabinet Forensics, Simson Garfinkel Jan 2011

Column: File Cabinet Forensics, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Researchers can spend their time reverse engineering, performing reverse analysis, or making substantive contributions to digital forensics science. Although work in all of these areas is important, it is the scientific breakthroughs that are the most critical for addressing the challenges that we face. Reverse Engineering is the traditional bread-and-butter of digital forensics research. Companies like Microsoft and Apple deliver computational artifacts (operating systems, applications and phones) to the commercial market. These artifacts are bought and used by billions. Some have evil intent, and (if society is lucky), the computers end up in the hands of law enforcement. Unfortunately the …

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Working Inside The Box: An Example Of Google Desktop Search In A Forensic Examination, Timothy J. Latulippe Jan 2011

Working Inside The Box: An Example Of Google Desktop Search In A Forensic Examination, Timothy J. Latulippe

Journal of Digital Forensics, Security and Law

Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data. These types of advancements are continually assisting investigators and computer forensic examiners. One such application which houses copious amounts of fruitful data is the Google Desktop Search program. Coupled with tested and verified techniques, examiners can exploit the power of this application to cater to their investigative needs. …

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Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea Jan 2011

Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea

Journal of Digital Forensics, Security and Law

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (2008, …

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Investigating Modern Communication Technologies: The Effect Of Internet-Based Communication Technologies On The Investigation Process, Matthew Simon, Jill Slay Jan 2011

Investigating Modern Communication Technologies: The Effect Of Internet-Based Communication Technologies On The Investigation Process, Matthew Simon, Jill Slay

Journal of Digital Forensics, Security and Law

Communication technologies are commonplace in modern society. For many years there were only a handful of communication technologies provided by large companies, namely the Public Switched Telephone Network (PSTN) and mobile telephony; these can be referred to as traditional communication technologies. Over the lifetime of traditional communication technologies has been little technological evolution and as such, law enforcement developed sound methods for investigating targets using them. With the advent of communication technologies that use the Internet – Internet-based or contemporary communication technologies – law enforcement are faced with many challenges. This paper discusses these challenges and their potential impact. It …

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Book Review: Iphone And Ios Forensics: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Christopher Schulte Jan 2011

Book Review: Iphone And Ios Forensics: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Christopher Schulte

Journal of Digital Forensics, Security and Law

These are exciting times for Digital Forensics practitioners. While our examinations of mobile devices (including cell phones and tablet computers) continue to bring new and sometimes hair-pulling challenges into our labs and on-site engagements, research and understanding of these tiny computers is increasing at what seems an exponential rate. This is especially true in the iOS (Apple Computer’s mobile operating system that powers the iPhone, iPad, iPod Touch and Apple TV) space. The diligent work of talented computer scientists in this field allows examiners everywhere to reap the benefits of easier, faster and more effective examinations that yield more accurate …

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Technology Corner: Virtual Crime Scene Reconstruction: The Basics Of 3d Modeling, Nick V. Flor Jan 2011

Technology Corner: Virtual Crime Scene Reconstruction: The Basics Of 3d Modeling, Nick V. Flor

Journal of Digital Forensics, Security and Law

Digital crime scenes take place in the context of physical crime scenes. Virtual crime scene reconstruction is an activity where investigators create a 3- dimensional (3-D) model of an actual crime scene for the purpose of determining the events that lead to the crime. While virtual crime scene reconstruction is currently used for analyzing physical scenes, it can also help investigators visualize and explore ways digital media could have been used to perpetrate a crime. In this technology corner we explore one of the technologies underlying virtual crime scene reconstruction: 3-D modeling.

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Table Of Contents Jan 2011

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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Tort Reform And American Political Economy, Ian J. Drake Jan 2011

Tort Reform And American Political Economy, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …

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Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone Jan 2011

Gangs And Gang Activity In America: A Prevention Report, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

This report covers information on gangs, gang activity, and gang prevention. The report reveals information such as the history of gangs in the U.S., the definition of “gang,” data on prevalence, persons affected by gang activity, demographics of gangs and their members, criminal activity committed by gangs, gang hierarchical structure, prevention strategies, and effectiveness of gang prevention programs.

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Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk Jan 2011

Factors In Juvenile Court Dispositions: Case Study Of A Rural Juvenile Court, Kevin Lee Kirk

Online Theses and Dissertations

The primary question of importance in this current study is what factors affect judges' dispositional rulings in a small rural Central Kentucky county. In order to evaluate these factors, this study involved a two stage process. The quantitative data were gathered from 120 Department of Juvenile Justice (DJJ) files dating back to 1999 that were processed through the study site small county court. The qualitative data were gathered through a series of structured interviews with court personnel. This current study provides descriptive statistics of the study cases that have been adjudicated delinquent with respect to their legal and extralegal characteristics, …

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Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim Jan 2011

Beyond Principal-Agent Theories: Law And The Judicial Hierarchy, Pauline Kim

Scholarship@WashULaw

This Essay critically examines the commonplace use by judicial politics scholars of principal-agent models to describe the federal judicial hierarchy. It argues that agency models are useful in highlighting certain aspects of the interaction between upper and lower courts - specifically, the existence of value conflicts and informational asymmetries - but that in other ways traditional principal-agent models fit poorly the relationship between the lower federal courts and the Supreme Court. As a consequence, these models tend to obscure important normative questions about the relationship between lower and upper courts, as well as to distort the role that law plays …

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Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa (M.J.) Durkee Jan 2011

Beyond The Guantánamo Bind: Pragmatic Multilateralism In Refugee Resettlement, Melissa (M.J.) Durkee

Scholarship@WashULaw

The international refugee protection system is under threat. States weary of increased refugee flows and preoccupied with national security increasingly exploit legal gaps or avoid refugee law altogether. The U.S. approach to resettlement of Guantánamo detainee refugees exemplified this trend. Yet, in the Guantánamo context, U.S. avoidance of international refugee law put the executive in a bind that it could not easily escape: Because the U.S. executive was unwilling to assume the political cost of resettling the refugee detainees domestically, it resorted to peddling them for resettlement to foreign states while, at the same time, mounting a robust legal defense …

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The Limits Of Tort Privacy, Neil M. Richards Jan 2011

The Limits Of Tort Privacy, Neil M. Richards

Scholarship@WashULaw

The conception of tort privacy developed by Warren, Brandeis and Prosser sits at the heart of American understandings of privacy law. Rooted in protection of private information against unwanted collection, use, and disclosure, tort privacy protects against emotional injury, and was directed by design against disclosures of true, embarrassing facts by the media. In this essay, I argue that as conceived by Warren and Brandeis and interpreted by Prosser, tort privacy is a poor vehicle for grappling with problems of privacy and reputation in the digital age. Tort privacy, especially the disclosure tort, has from its inception been in conflict …

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Between Liberalism And Theocracy, John D. Inazu Jan 2011

Between Liberalism And Theocracy, John D. Inazu

Scholarship@WashULaw

Our symposium conveners have focused us on “the relationship between liberalism and Christianity and their influence on American constitutionalism.” My objective is to complicate the relationship and reorient the influence. The focus of my inquiry is the liberty of conscience and its implications for the relationship between church and state. By approaching these issues through the lens of political theology (as distinct from either political or constitutional theory), hope to show that some of the most significant embodiments of conscience in the American colonies can neither be squared with an individualistic liberalism (as some on the left are prone to …

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Lessons From Forty Years Of Interference In Law School Clinics, Robert R. Kuehn, Bridget M. Mccormack Jan 2011

Lessons From Forty Years Of Interference In Law School Clinics, Robert R. Kuehn, Bridget M. Mccormack

Scholarship@WashULaw

Recently, there have been a number of well-publicized attacks on law school clinics over their legal representation of unpopular individuals and organizations, which brings them in opposition to powerful business and political interests. This article analyzes the effects of forty years of publicized interference in law school clinics on law clinic attorneys and clinical legal education, and the lessons that can be drawn from this extended history. The article includes a typology of outside interference in clinics, provides empirical support for the negative effects of this interference on the attitudes and actions of clinic attorneys, and argues that there are …

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Government Interference With Law School Clinics And Access To Justice: When Is There A Legal Remedy?, Peter A. Joy Jan 2011

Government Interference With Law School Clinics And Access To Justice: When Is There A Legal Remedy?, Peter A. Joy

Scholarship@WashULaw

This article analyzes government interference in law school clinical programs and suggests some legal remedies that may be available to challenge such interference.

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