Law Commons^™

Trends In Virtualized User Environments, Diane Barrett

Journal of Digital Forensics, Security and Law

Virtualized environments can make forensics investigation more difficult. Technological advances in virtualization tools essentially make removable media a PC that can be carried around in a pocket or around a neck. Running operating systems and applications this way leaves very little trace on the host system. This paper will explore all the newest methods for virtualized environments and the implications they have on the world of forensics. It will begin by describing and differentiating between software and hardware virtualization. It will then move on to explain the various methods used for server and desktop virtualization. Next, it will explain how …

Data Mining Techniques In Fraud Detection, Rekha Bhowmik

Journal of Digital Forensics, Security and Law

The paper presents application of data mining techniques to fraud analysis. We present some classification and prediction data mining techniques which we consider important to handle fraud detection. There exist a number of data mining algorithms and we present statistics-based algorithm, decision treebased algorithm and rule-based algorithm. We present Bayesian classification model to detect fraud in automobile insurance. Naïve Bayesian visualization is selected to analyze and interpret the classifier predictions. We illustrate how ROC curves can be deployed for model assessment in order to provide a more intuitive analysis of the models.

Analysis Of Information Remaining On Hand Held Devices Offered For Sale On The Second Hand, Andy Jones, Craig Valli, Iain Sutherland

Journal of Digital Forensics, Security and Law

The ownership and use of mobile phones, Personal Digital Assistants and other hand held devices is now ubiquitous both for home and business use. The majority of these devices have a high initial cost, a relatively short period before they become obsolescent and a relatively low second hand value. As a result of this, when the devices are replaced, there are indications that they tend to be discarded. As technology has continued to develop, it has led to an increasing diversity in the number and type of devices that are available, and the processing power and the storage capacity of …

Steganography: Forensic, Security, And Legal Issues, Merrill Warkentin, Ernst Bekkering, Mark B. Schmidt

Journal of Digital Forensics, Security and Law

Steganography has long been regarded as a tool used for illicit and destructive purposes such as crime and warfare. Currently, digital tools are widely available to ordinary computer users also. Steganography software allows both illicit and legitimate users to hide messages so that they will not be detected in transit. This article provides a brief history of steganography, discusses the current status in the computer age, and relates this to forensic, security, and legal issues. The paper concludes with recommendations for digital forensics investigators, IT staff, individual users, and other stakeholders.

Book Review: The Dotcrime Manifesto: How To Stop Internet Crime, Gary C. Kessler

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Remote Forensics May Bring The Next Sea Change In E-Discovery: Are All Networked Computers Now Readily Accessible Under The Revised Federal Rules Of Civil Procedure?, Joseph J. Schwerha, Scott Inch

Journal of Digital Forensics, Security and Law

The recent amendments to Rule 26 of the Federal Rules of Civil Procedure created a two-tiered approach to discovery of electronically stored information (“ESI”). Responding parties must produce ESI that is relevant, not subject to privilege, and reasonably accessible. However, because some methods of storing ESI, such as on magnetic backup tapes and within enormous databases, require substantial cost to access and search their contents, the rules permit parties to designate those repositories as “not reasonably accessible” because of undue burden or cost. But even despite the difficulty in searching for ESI, the party’s duty to preserve potentially responsive evidence …

The Forensics Aspects Of Event Data Recorders, Jeremy S. Daily, Nathan Singleton, Elizabeth Downing, Gavin W. Manes

Journal of Digital Forensics, Security and Law

The proper generation and preservation of digital data from Event Data Recorders (EDRs) can provide invaluable evidence to automobile crash reconstruction investigations. However, data collected from the EDR can be difficult to use and authenticate, complicating the presentation of such information as evidence in legal proceedings. Indeed, current techniques for removing and preserving such data do not meet the court’s standards for electronic evidence. Experimentation with an EDR unit from a 2001 GMC Sierra pickup truck highlighted particular issues with repeatability of results. Fortunately, advances in the digital forensics field and memory technology can be applied to EDR analysis in …

An Evaluation Of Windows-Based Computer Forensics Application Software Running On A Macintosh, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

The two most common computer forensics applications perform exclusively on Microsoft Windows Operating Systems, yet contemporary computer forensics examinations frequently encounter one or more of the three most common operating system environments, namely Windows, OS-X, or some form of UNIX or Linux. Additionally, government and private computer forensics laboratories frequently encounter budget constraints that limit their access to computer hardware. Currently, Macintosh computer systems are marketed with the ability to accommodate these three common operating system environments, including Windows XP in native and virtual environments. We performed a series of experiments to measure the functionality and performance of the two …

To License Or Not To License: 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 paper 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. After contacting all state agencies the authors present a distinct grouping organizing state approaches to professional Digital Examiner licensing. The authors conclude that states must differentiate between Private Investigator and Digital Examiner licensing requirements and oversight.

Book Review: Guide To Computer Forensics And Investigations (3rd Ed.), Keyu Jiang, Ruifeng Xuan

Journal of Digital Forensics, Security and Law

No abstract provided.

Data Security Measures In The It Service Industry: A Balance Between Knowledge & Action, N. Mlitwa, Y. Kachala

Journal of Digital Forensics, Security and Law

That “knowledge is power” is fast becoming a cliché within the intelligentsia. Such power however, depends largely on how knowledge itself is exchanged and used, which says a lot about the tools of its transmission, exchange, and storage. Information and communication technology (ICT) plays a significant role in this respect. As a networked tool, it enables efficient exchanges of video, audio and text data beyond geographical and time constraints. Since this data is exchanged over the worldwide web (www), it can be accessible by anyone in the world using the internet. The risk of unauthorised access, interception, modification, or even …

Extraction And Categorisation Of User Activity From Windows Restore Points, Damir Kahvedžić, Tahar Kechadi

Journal of Digital Forensics, Security and Law

The extraction of the user activity is one of the main goals in the analysis of digital evidence. In this paper we present a methodology for extracting this activity by comparing multiple Restore Points found in the Windows XP operating system. The registry copies represent a snapshot of the state of the system at a certain point in time. Differences between them can reveal user activity from one instant to another. The algorithms for comparing the hives and interpreting the results are of high complexity. We develop an approach that takes into account the nature of the investigation and the …

Data Recovery From Palmmsgv001, Satheesaan Pasupatheeswaran

Journal of Digital Forensics, Security and Law

Both SMS and MMS data analysis is an important factor in mobile forensic analysis. Author did not find any mobile forensic tool that is capable of extracting short messages (SMS) and multimedia messages (MMS) from Palm Treo 750. SMS file of Palm Treo 750 is called PalmMgeV001 and it is a proprietary file system. A research work done to find a method to recover SMS data from PalmMsgV001 file. This paper is going to describe the research work and its findings. This paper also discusses a methodology that will help recover SMS data from PalmMsgV001. The PalmMsgV001 file is analysed …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa

Journal Articles

No abstract provided.

Intellectual Privacy, Neil M. Richards

Scholarship@WashULaw

This Article is about intellectual privacy–the protection of records of our intellectual activities–and how legal protection of these records is essential to the First Amendment values of free thought and expression. We often think of privacy rules being in tension with the First Amendment, but protection of intellectual privacy is different. Intellectual privacy is vital to a robust culture of free expression, as it safeguards the integrity of our intellectual activities by shielding them from the unwanted gaze or interference of others. If we want to have something interesting to say in public, we need to pay attention to the …

Adult Complicity In The Dis-Education Of The Black Male High School Athlete & Societal Failures To Remedy His Plight, Kimberly Jade Norwood

Scholarship@WashULaw

This Article focuses on the educational hurdles facing many Black male student athletes in urban high schools. Academic rigor is rarely expected of these students. They are part of an active form of dis-education. By dis-education, I mean the active failure to educate. Our learning institutions have become so accustomed to excusing these students from academic rigor that doing so simply does not spark a sense of outrage or any notion that we are doing something wrong when it comes to our expectations of these students. No one really questions them when they do poorly on class work and tests. …

Beyond Discretion: Prosecution, The Logic Of Sovereignty, And The Limits Of Law, Conor Clarke, Austin Sarat

Scholarship@WashULaw

Today it is widely recognized in both academic literature and the main-stream media that prosecutors have substantial discretion. Yet prosecutorial decisions involve, in our view, something more than a straightforward exercise of discretion. In this article we move from the language of discretion to that of sovereignty to describe prosecutorial power. In so doing we want to move from the language of administration to the language of power. Focusing on the decision not to prosecute, we argue that prosecutorial decisions participate in, and exemplify, the logic of sovereignty and its complex relationship to legality. By drawing on Carl Schmitt and …

A Closer Look At Veil Piercing In Federal District Courts, Christina L. Boyd, David A. Hoffman

Scholarship@WashULaw

In this project, we utilize six years of original federal district court data to identify the first representative sample of corporate veil piercing litigation. This study will provide a more nuanced understanding of the process of litigation of piercing claims than previous studies, which have been modeled on Robert Thompson's (1991) groundbreaking work on this topic. Our method first identifies veil piercing litigation through Westlaw's trial pleadings database, and proceeds to code each case through detailed examination of PACER records.

We identify and model the differing types of success plaintiffs achieve when they seek to pierce the veil, including those …

Measuring Deviations From Expected Voting Patterns On Collegial Courts, Stefanie A. Lindquist, Paul H. Edelman, David E. Klein

Scholarship@WashULaw

Even where idiosyncratic factors such as ideology play large and consistent roles in judges' decision-making, there are always cases where the patterns of judges' votes confound our expectations. In some ways, these are among the most interesting cases for scholars, raising important questions about judicial behavior and institutions. In the first part of this paper, we introduce a quantitative measure of deviations from expected voting patterns intended to allow scholars to systematically study unexpected votes and the questions they raise. In the second part, we illustrate the use of this new measure by developing a preliminary model to predict departures …

Getting Beyond The Crossfire Phenomenon: A Militant Moderate's Take On The Role Of Foreign Authority In Constitutional Interpretation, Melissa A. Waters

Scholarship@WashULaw

This brief essay sketches out a, "militant moderate," take on the role of foreign and international law in constitutional interpretation. The essay examines and critiques the key arguments and assumptions of both internationalists (like Justice Breyer) and nationalists (like Justice Scalia). It urges scholars and policymakers to shift from the Crossfire-style debate that has dominated in recent years, toward a more nuanced approach that strikes a balance between the legitimate concerns of nationalists and the legitimate aspirations of internationalists. A militant moderate approach situates the debate over foreign authority in its broader context: American judges' growing participation in transnational judicial …

Book Review: Mac Os X, Ipod, And Iphone Forensic Analysis Dvd Toolkit, Gary C. Kessler

Journal of Digital Forensics, Security and Law

Apple's hold on the personal computer marketplace started dwindling on August 12, 1981, the day that the IBM PC was introduced. As an Apple ][+ bigot myself, I refused to touch a PC for some years. But I was also a command line bigot, so when the first Macintosh was introduced in 1983 and hermetically sealed the operating system from users, I did not go out and buy one. In fact, like many of my era, I did eventually end up on the PC side which, ironically, let me do many of the things that my trusty Apple ][+ had …

Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel

Journal Articles

No abstract provided.

Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora

Journal Articles

No abstract provided.

An Empirical Investigation Into Appellate Structure And The Perceived Quality Of Appellate Review, Rafael I. Pardo, Jonathan Remy Nash

Scholarship@WashULaw

Commentators have theorized that several factors may improve the process, and thus perhaps the accuracy, of appellate review: (1) review by a panel of judges, (2) subject-matter expertise in the area of the appeal, (3) other law-finding ability, (4) adherence to traditional notions of appellate hierarchy, and (5) the judicial independence of appellate judges. The considerable discussion that has expounded upon these theories has occurred in a vacuum of abstract generalization. This Paper adds a new dimension by presenting results from an empirical study of bankruptcy appellate opinions issued over a three-year period. The federal bankruptcy appellate structure provides certain …

Illness And Inability To Repay: The Role Of Debtor Health In The Discharge Of Educational Debt, Rafael I. Pardo

Scholarship@WashULaw

For a debtor to obtain a discharge of student loans in bankruptcy, the debtor must establish that their repayment would impose an undue hardship. This Article presents the results of an empirical study of bankruptcy court doctrine over a ten-year period that involved undue hardship discharge proceedings where the court reported information on the debtor's health status, monthly household income, and monthly household expenses. The data show that a medical condition increased a debtor's odds of being granted a discharge by 140% but that household income and expense levels did not have a statistically significant association with legal outcome. These …

The Utility Of Opacity In Judicial Selection, Rafael I. Pardo

Scholarship@WashULaw

Does too much transparency in the selection of judges undermine the independence of the judiciary? This Essay seeks to provide insight into answering this question by focusing on the opaque process by which federal bankruptcy judges are selected. Part I begins with an account that anchors the concepts of judicial independence and judicial accountability to the concept of judicial quality. It proceeds to situate within this account the selection process, suggesting that the process can function as a form of judicial accountability, albeit one that diminishes judicial quality in those instances where the process becomes politicized. A brief discussion follows …

The Inevitability Of Conscience: A Response To My Critics, David Luban

Georgetown Law Faculty Publications and Other Works

This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.

In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …

Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan

Articles

The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …