Law Commons^™

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Smart Factories, Dumb Policy? Managing Cybersecurity And Data Privacy Risks In The Industrial Internet Of Things, Scott J. Shackelford

Minnesota Journal of Law, Science & Technology

No abstract provided.

Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan

New England Journal of Public Policy

This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.

For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …

Nerf This: Copyright Highly Creative Video Game Streams As Sports Broadcasts, Madeleine A. Ball

William & Mary Law Review

Since the 1980s, video games have grown exponentially as an entertainment medium. Once relegated to the niche subcultures of nerds, video games are now decidedly mainstream, drawing over 200 million American consumers yearly. As a result, the industry has stepped up its game. No longer simply a diversion to be enjoyed individually, Americans are increasingly watching others play video games like they might watch television. This practice, where enthusiastic gamers broadcast their video game session online to crowds of viewers, is called “live streaming.”

While streaming has become lucrative and popular, American copyright law currently nerfs this nascent industry. Streams …

The Internet Of Bodies, Andrea M. Matwyshyn

William & Mary Law Review

This Article introduces the ongoing progression of the Internet of Things (IoT) into the Internet of Bodies (IoB)—a network of human bodies whose integrity and functionality rely at least in part on the Internet and related technologies, such as artificial intelligence. IoB devices will evidence the same categories of legacy security flaws that have plagued IoT devices. However, unlike most IoT, IoB technologies will directly, physically harm human bodies—a set of harms courts, legislators, and regulators will deem worthy of legal redress. As such, IoB will herald the arrival of (some forms of) corporate software liability and a new legal …

Fast Forensic Triage Using Centralised Thumbnail Caches On Windows Operating Systems, Sean Mckeown, Gordon Russell, Petra Leimich

Journal of Digital Forensics, Security and Law

A common investigative task is to identify known contraband images on a device, which typically involves calculating cryptographic hashes for all the files on a disk and checking these against a database of known contraband. However, modern drives are now so large that it can take several hours just to read this data from the disk, and can contribute to the large investigative backlogs suffered by many law enforcement bodies. Digital forensic triage techniques may thus be used to prioritise evidence and effect faster investigation turnarounds. This paper proposes a new forensic triage method for investigating disk evidence relating to …

Memoryranger Prevents Highjacking File_Object Structures In Windows Kernel, Igor Korkin

Journal of Digital Forensics, Security and Law

Windows OS kernel memory is one of the main targets of cyber-attacks. By launching such attacks, hackers are succeeding in process privilege escalation and tampering users’ data by accessing kernel-mode memory. This paper considers a new example of such an attack, which results in access to the files opened in an exclusive mode. Windows built-in security features prevent such a legal access, but attackers can circumvent them by patching dynamically allocated objects. The research shows that the newest Windows 10 x64 is vulnerable to this attack. The paper provides an example of using MemoryRanger, a hypervisor- based solution to prevent …

Improved Decay Tolerant Inference Of Previously Uninstalled Computer Applications, Oluwaseun Adegbehingbe, James Jones

Journal of Digital Forensics, Security and Law

When an application is uninstalled from a computer system, the application’s deleted file contents are overwritten over time, depending on factors such as operating system, available unallocated disk space, user activity, etc. As this content decays, the ability to infer the application’s prior presence, based on the remaining digital artifacts, becomes more difficult. Prior research inferring previously installed applications by matching sectors from a hard disk of interest to a previously constructed catalog of labeled sector hashes showed promising results. This prior work used a white list approach to identify relevant artifacts, resulting in no irrelevant artifacts but incurring the …

The Energy Policy Act Of 2005: The Rapid Decline Of Jura Majestatis For Communities In Ohio, Alexander Krokus

Hatfield Graduate Journal of Public Affairs

Since Nobel Prize recipient Svante Arrhenius realized that fossil fuel combustion increased CO2 emissions in our atmosphere in 1896, scientists and policy makers have acknowledged the calamitous potential for the oil and gas industry to render substantial deleterious effects on ecosystems. Yet in 2016, the U.S. utilized fossil fuels to facilitate 80.9% of all energy consumption.¹ Subsequent to the passage of the Energy Policy Act of 2005, the Federal Energy Regulatory Commission vastly encouraged outside economic investment into our oil and gas infrastructure. Natural resources situated in geologic formations that possess low permeability, which were once considered previously inaccessible …

Federal Jurisdiction For Above-Ground Oil Storage Tanks: A Practical Analysis For Navigating Federal Regulations, Kathryn Hussong

St. Mary's Law Journal

Clear, consistent, and concise jurisdictional boundaries will aid pipeline operators to determine which regulations apply to their operations and associated facilities. This will help alleviate legal and financial risk to pipeline operators, who may be liable for noncompliance regardless of whether the pipeline operator or the associated refinery commits the violation. Overlapping state and federal regulations of pipelines and refineries has created confusion amongst operators regarding what regulations apply to their facilities. Three federal agencies—the Pipeline and Hazardous Safety Administration (PHMSA), the Occupational Safety and Health Administration, and the Environmental Protection Agency (EPA) respectively—and a myriad of state agencies simultaneously …

Examining The Correlates Of Failed Drdos Attacks, Thomas Hyslip, Thomas Holt

Journal of Digital Forensics, Security and Law

Over the last decade, there has been a rise in cybercrime services offered on a feefor- service basis, enabling individuals to direct attacks against various targets. One of the recent services offered involves stresser or booter operators, who offer distributed reflected denial of service (DRDoS) attacks on an hourly or subscription basis. These attacks involve the use of malicious traffic reflected off of webservers to increase the volume of traffic, which is directed toward websites and servers rendering them unusable. Researchers have examined DRDoS attacks using realtime data, though few have considered the experience of their customers and the factors …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Enhancing Forensic-Tool Security With Rust: Development Of A String Extraction Utility, Jens Getreu, Olaf Maennel

Journal of Digital Forensics, Security and Law

The paper evaluates the suitability of the Rust ecosystem for forensic tool development. As a case study, a forensic tool named Stringsext is developed. Starting from analyzing the specefic requirements of forensic software in general and those of the present case study, all stages of the software development life-cycle are executed and evaluated. Stringsext is a re-implementation and enhancement of the GNU-strings tool, a widely used program in forensic investigations. Stringsext recognizes Cyrillic, CJKV East Asian characters and other scripts in all supported multi-byte-encodings while GNU-strings fails in finding these in UTF-16 and other encodings. During the case study it …

Df 2.0: An Automated, Privacy Preserving, And Efficient Digital Forensic Framework That Leverages Machine Learning For Evidence Prediction And Privacy Evaluation, Robin Verma, Jayaprakash Govindaraj Dr, Saheb Chhabra, Gaurav Gupta

Journal of Digital Forensics, Security and Law

The current state of digital forensic investigation is continuously challenged by the rapid technological changes, the increase in the use of digital devices (both the heterogeneity and the count), and the sheer volume of data that these devices could contain. Although data privacy protection is not a performance measure, however, preventing privacy violations during the digital forensic investigation, is also a big challenge. With a perception that the completeness of investigation and the data privacy preservation are incompatible with each other, the researchers have provided solutions to address the above-stated challenges that either focus on the effectiveness of the investigation …

Forensic Cell Site Analysis: Mobile Network Operator Evidence Integrity Maintenance Research, John B. Minor

Journal of Digital Forensics, Security and Law

Mobile Network Operator (MNO) and Mobile Virtual Network Operator (MVNO) evidence have become an important evidentiary focus in the courtroom. This type of evidence is routinely produced as business records under U.S. Federal Rules of Evidence for use in the emerging discipline of Forensic Cell Site Analysis. The research was undertaken to determine if evidence produced by operators should be classified as digital evidence and, if so, what evidence handling methodologies are appropriate to ensure evidence integrity. This research project resulted in the creation of a method of determining if business records produced by MNO/MVNO organizations are digital evidence and …

Legal And Technical Issues For Text And Data Mining In Greece, Maria Kanellopoulou - Botti, Marinos Papadopoulos, Christos Zampakolas, Paraskevi Ganatsiou

Computer Ethics - Philosophical Enquiry (CEPE) Proceedings

Web harvesting and archiving pertains to the processes of collecting from the web and archiving of works that reside on the Web. Web harvesting and archiving is one of the most attractive applications for libraries which plan ahead for their future operation. When works retrieved from the Web are turned into archived and documented material to be found in a library, the amount of works that can be found in said library can be far greater than the number of works harvested from the Web. The proposed participation in the 2019 CEPE Conference aims at presenting certain issues related to …

Digital Forensics, A Need For Credentials And Standards, Nima Zahadat

Journal of Digital Forensics, Security and Law

The purpose of the conducted study was to explore the credentialing of digital forensic investigators, drawing from applicable literature. A qualitative, descriptive research design was adopted which entailed searching across Google Scholar and ProQuest databases for peer reviewed articles on the subject matter. The resulting scholarship was vetted for timeliness and relevance prior to identification of key ideas on credentialing. The findings of the study indicated that though credentialing was a major issue in digital forensics with an attentive audience of stakeholders, it had been largely overshadowed by the fundamental curricula problems in the discipline. A large portion of research …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Galactic Preservation And Beyond: A Framework For Protecting Cultural, Natural, And Scientific Heritage In Space, Matthew Rosendahl

William & Mary Environmental Law and Policy Review

In July 2017, Moon Express, a private spaceflight company, announced plans to build an outpost on the South Pole of the Moon by 2020. The goal? To mine the Moon for minerals and water that could then be sold for profit. Indeed, the Moon has been found to possess resources with lucrative uses, both in space and here on Earth. The potential for huge rewards has incentivized several private and governmental actors to launch planned expeditions to the Moon, with China becoming the third nation to land a spacecraft there in 2013. Both China and India have since announced plans …

Taking On Water: Winters, Necessity And The Riparian East, Jacqueline Goodrum

William & Mary Environmental Law and Policy Review

In the eastern United States, a natural abundance of water has historically satisfied regional water needs. However, rapid population growth and expansive development, as well as changing climate conditions, threaten to deplete and diminish regional water resources. Riparianism, the reigning water rights regime in the American East, is insufficient to address concerns arising from these emerging forces because it assumes sufficient water will be available for all users. Recent interstate disputes, such as Virginia v. Maryland and Florida v. Georgia, highlight a new hydrological reality characterized by not only increased consumption of eastern water resources, but also by increased …

International Law Instruments To Address The Plastic Soup, Luisa Cortat Simonetti Goncalves, Michael Gerbert Faure

William & Mary Environmental Law and Policy Review

The problem of plastic pollution in the oceans has been increasingly evident after 1997, when the great concentrations of plastics in the oceans were initially publicized. Still, there is a substantial lack of scientific data and research about the sources of plastic pollution, destinations and consequences to nature and human life. The only certainty is that the amount of plastic that ends up in the ocean is alarming and likely will not decrease anytime soon because of its durability and large range of use. Estimates show that, each year, at least 8 million tons of plastics leak into the ocean …

The Case For A Mandatory Renewable Portfolio Standard In Virginia: A Case Study Examining Virginia’S Potential For A Mandatory Renewable Portfolio Standard By Comparing Virginia To Maryland And North Carolina, Rebecca Wescott

William & Mary Environmental Law and Policy Review

Since the early 1980s, states have utilized Renewable Energy Portfolio Standards (“RPSs”) as policy mechanisms to “promote broader investment in renewable energy without requiring passage of a comprehensive energy policy measure that includes a pricing mechanism for carbon.” RPS policies can be drafted in one of two ways: (1) as a mandatory RPS, a legal mandate on what percentage of a state’s power portfolio must come from specific eligible renewable energy sources by a specific date in the future, or (2) as a non-binding or voluntary RPS, a policy goal that recommends that a certain percentage of a state’s power …

Yielding To The Necessities Of A Great Public Industry: Denial And Concealment Of The Harmful Health Effects Of Coal Mining, Caitlyn Greene, Patrick Charles Mcginley

William & Mary Environmental Law and Policy Review

In the mid-nineteenth century, coal mined in Central Appalachia began to flow into industrial markets. Those mines and the coal they produced provided jobs, put food on family tables in coalfield households, and even provided housing for hundreds of thousands of coal miners and their families. The bounty from America’s expanding coalfields fueled the Industrial Revolution and powered the nation’s steel mills, factories,steamboats, and railroads. It powered America’s defense through two World Wars and later military conflicts. Coal-fired power plants generated more than half of the electricity used in the United States in the latter quarter of the twentieth century. …

Offshore Oil Leasing: Trump Administration’S Environmentally Dangerous Energy Policy, Carol J. Miller, Bonnie B. Persons

William & Mary Environmental Law and Policy Review

The Trump administration’s Executive orders on Promoting Energy Independence and Economic Growth (“Energy Independence Order”) and Implementing an America-First Offshore Energy Strategy (“Offshore Energy Order”) set the stage to open over 90% of the continental shelf to offshore oil drilling from 2019–2024. The Offshore Energy Order ignores the statutory requirements of the Outer Continental Shelf Lands Act (“OCSLA”) and the National Environmental Policy Act (“NEPA”) to balance energy exploration with safeguards for marine life and the environment. We analyze the lack of express authority in OCSLA for the President to rescind its protective designations, in comparison to other laws that …

Property In The Anthropocene, E. Lees

William & Mary Environmental Law and Policy Review

Intergenerational justice, community interests, and environmental protection are all goals sought through the imposition of the duties of stewardship onto owners of land. But such duties, when imposed by law, require justification beyond the morality of maintaining and preserving land in a good condition for its present and future use. The potential for sanction imposed by the state means that stewardship duties, if they are to be justified, must be grounded in established principles of justified legal intervention. Of those, the most convincing is, and always has been, the harm principle: intervention is justified where a rule prevents one person …

Waste Size: The Skinny On The Environmental Costs Of The Fashion Industry, Elisha Teibel

William & Mary Environmental Law and Policy Review

The fashion industry is a web of complex global markets currently valued at $3 trillion that employs somewhere around sixty million people worldwide and is estimated to be one of the most labor-intensive industries on the planet. Over the past couple of decades, the industry has evolved into a highly fragmented sector with complicated supply chains and completely unstandardized production practices, which vary by factory and by country. The most significant facet of the fashion trade is the clothing and textile industry. The current total value of the clothing and textiles trade is estimated at $726 billion and a staggering …