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2018

Computer Law

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Articles 1 - 30 of 191

Full-Text Articles in Law

Front Matter Dec 2018

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Masthead Dec 2018

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.


Cover Dec 2018

Cover

Journal of Digital Forensics, Security and Law

No abstract provided.


Table Of Contents Dec 2018

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot Dec 2018

Russia Today, Cyberterrorists Tomorrow: U.S. Failure To Prepare Democracy For Cyberspace, Jonathan F. Lancelot

Journal of Digital Forensics, Security and Law

This paper is designed to expose vulnerabilities within the US electoral system, the use of cyberspace to exploit weaknesses within the information assurance strategies of the democratic and republican party organizations, and deficiencies within the social media communications and voting machine exploits. A brief history of discriminatory practices in voting rights and voting access will be set as the foundation for the argument that the system is vulnerable in the cyber age, and the need for reform at the local, state and national levels will be emphasized. The possibility of a foreign nation-state influencing the outcome of an election by ...


Forensic Analysis Of A Crash-Damaged Cheerson Cx-20 Auto Pathfinder Drone, Ian N. Mcateer, Peter Hannay, Muhammad I. Malik, Zubair Baig Dec 2018

Forensic Analysis Of A Crash-Damaged Cheerson Cx-20 Auto Pathfinder Drone, Ian N. Mcateer, Peter Hannay, Muhammad I. Malik, Zubair Baig

Journal of Digital Forensics, Security and Law

Long gone are the days when Unmanned Aerial Vehicles (UAVs) and drones (multirotor UAVs) were the exclusive domain of the military for surveillance or tactical strike purposes. For relatively little money mainly due to high-tech progression in microprocessor design, anyone can now purchase a drone with GNSS-tracking capabilities and can support a live high-resolution video feed to its flight controller. The global population of drones has sky- rocketed in recent years as this new technology has been embraced for both its recreational and commercial applications. However, the more nefarious members of society have also recognized the potential for using drones ...


Back Matter Dec 2018

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Table Of Contents Dec 2018

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo Dec 2018

Paul Baran, Network Theory, And The Past, Present, And Future Of Internet, Christopher S. Yoo

Faculty Scholarship at Penn Law

Paul Baran’s seminal 1964 article “On Distributed Communications Networks” that first proposed packet switching also advanced an underappreciated vision of network architecture: a lattice-like, distributed network, in which each node of the Internet would be homogeneous and equal in status to all other nodes. Scholars who have subsequently embraced the concept of a lattice-like network approach have largely overlooked the extent to which it is both inconsistent with network theory (associated with the work of Duncan Watts and Albert-László Barabási), which emphasizes the importance of short cuts and hubs in enabling networks to scale, and the actual way, the ...


The Future Of Freedom Of Expression Online, Evelyn Mary Aswad Dec 2018

The Future Of Freedom Of Expression Online, Evelyn Mary Aswad

Duke Law & Technology Review

Should social media companies ban Holocaust denial from their platforms? What about conspiracy theorists that spew hate? Does good corporate citizenship mean platforms should remove offensive speech or tolerate it? The content moderation rules that companies develop to govern speech on their platforms will have significant implications for the future of freedom of expression. Given that the prospects for compelling platforms to respect users’ free speech rights are bleak within the U.S. system, what can be done to protect this important right? In June 2018, the United Nations’ top expert for freedom of expression called on companies to align ...


Law And Modern Technology: Lack Of Tech Knowledge In Legal Profession May Cause Injustice, Md Wahidur Rahman, Marissa Moran Dec 2018

Law And Modern Technology: Lack Of Tech Knowledge In Legal Profession May Cause Injustice, Md Wahidur Rahman, Marissa Moran

Publications and Research

There is no such field where technology hasn’t reached. It will be a dream to think something without technology. In today’s world every field requires tech knowledge. The courtroom and law offices have changed with the evolution of technology. Most courts don’t accept paper files anymore. Law offices use virtual file to store client information. However, due to old age or other reason a significant number of attorneys and judges are not competent in technology.

This paper will examine the use of technology in our legal system and what problem arises due to lack of proper tech ...


Privacy Spaces, Bert-Jaap Koops Dec 2018

Privacy Spaces, Bert-Jaap Koops

West Virginia Law Review

Privacy literature contains conceptualizations of privacy in relation to role-playing and identity construction, and in relation to access control and boundary-management. In this paper, I combine both strands to introduce the concept of privacy spaces: spaces in which you can play, in your own way, the relevant role(s) you have in social life. Drawing from privacy conceptions in legal scholarship, philosophy, sociology, anthropology, human geography, and psychology, a systematic overview of traditional privacy spaces is offered, including mental bubbles, the body, personal space, personal writings, the home, private conversation space, cars, stalls, intimacy bubbles, professional black boxes, coffee house ...


The Error Theory Of Contract, Matthew A. Seligman Dec 2018

The Error Theory Of Contract, Matthew A. Seligman

Maryland Law Review

Many people have false beliefs about contract doctrine. That pervasive phenomenon has profound practical, theoretical, and normative implications that neither courts nor scholars have recognized. This Article will make three contributions to fill that gap. First, it will establish just how widespread the phenomenon is among non-lawyers. After synthesizing the existing evidence of false beliefs about contract law, it will contribute a new empirical study showing that between one-third and one-half of people falsely believe specific performance rather than damages is the remedy for breach.

The Article will then argue that people’s false beliefs about contract doctrine pose a ...


Applying Tort Law To Fabricated Digital Content, Michael Scott Henderson Dec 2018

Applying Tort Law To Fabricated Digital Content, Michael Scott Henderson

Utah Law Review

Advances in computer technologies have led to the development of new tools to edit and disseminate digital media. Some of these new tools allow users to fabricate digital media by editing video and audio recordings of individuals to make it appear as if they are saying or doing things they have not actually said or done. The rise of these new technologies will lead to litigation by individuals who are harmed by the misuse of fabricated digital media. These individuals will be able to rely on several common law torts—such as defamation, misappropriation, false light, and intentional infliction of ...


Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman Dec 2018

Revolution In Crime: How Cryptocurrencies Have Changed The Criminal Landscape, Igor Groysman

Student Theses

This thesis will examine the ways in which various cryptocurrencies have impacted certain traditional crimes. While crime is always evolving with technology, cryptocurrencies are a game changer in that they provide anonymous and decentralized payment systems which, while they can be tracked in a reactive sense via the blockchain, are seen by criminals as having better uses for them than traditional fiat currencies, such as the ability to send money relatively fast to another party without going through an intermediary, or the ability to obscure the origin of the money for money laundering purposes. Every week there are new cryptocurrencies ...


Head In The Clouds, Head In The Sand: Federal Failure To Update Guidance On Computer Transaction In An International Context, Logan S. Weaver Dec 2018

Head In The Clouds, Head In The Sand: Federal Failure To Update Guidance On Computer Transaction In An International Context, Logan S. Weaver

Washington Law Review

The United States has two different rationales for taxing income of non-U.S. persons and entities. First, the income may be “sourced” to the United States, as defined in the Internal Revenue Code. Alternatively, the income may be effectively connected to a trade or business within the United States that provides income to the non-U.S. person or entity. The sourcing rules for income of non-U.S. persons and entities depend heavily on the nature of the underlying transaction and the geographical location where certain key elements of the transaction take place. So long as the non-U.S. person or ...


How To Sue A Robot, Roger Michalski Dec 2018

How To Sue A Robot, Roger Michalski

Utah Law Review

We are entering the age of robots where autonomous robots will drive our cars, milk cows, drill for oil, invest in stock, mine coal, build houses, pick strawberries, and work as surgeons. Robots, in mimicking the work of humans, will also mimic their legal liability. But how do you sue a robot? The current answer is that you cannot. Robots are property. They are not entities with a legal status that would make them amendable to sue or be sued. If a robot causes harm, you have to sue its owner. Corporations used to be like this for many procedural ...


Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden Dec 2018

Better Late Than Never: Bringing The Data Security Regulatory Environment Into The Modern Era, Jacob Holden

West Virginia Law Review

No abstract provided.


Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire Nov 2018

Dialing It Back: Why Courts Should Rethink Students’ Privacy And Speech Rights As Cell Phone Communications Erode The ‘Schoolhouse Gate’, Nicholas J. Mcguire

Duke Law & Technology Review

The ubiquity of cell phones in today’s society has forced courts to change or dismiss established, but inapplicable analytical frameworks. Two such frameworks in the school setting are regulations of student speech and of student searches. This Article traces the constitutional jurisprudence of both First Amendment off-campus speech protection and Fourth Amendment search standards as applied to the school setting. It then analyzes how the Supreme Court’s ruling in Riley v. California complicates both areas. Finally, it proposes a pragmatic solution: by recognizing a categorical First Amendment exception for “substantial threats” against the school community, courts could accommodate ...


How Supreme A Court?, Thomas E. Kadri Nov 2018

How Supreme A Court?, Thomas E. Kadri

Popular Media

Facebook is planning an independent appeals process for content moderation decisions. But how much power will it have?


How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri Nov 2018

How To Make Facebook's 'Supreme Court' Work, Kate Klonick, Thomas E. Kadri

Popular Media

The idea of a body that will decide what kind of content is allowed on the site is promising — but only if it’s done right.


Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish Nov 2018

Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish

Austen Parrish (2014-)

A recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.

One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s ...


Enhancement Of Media Splicing Detection: A General Framework, Songpon Teerakanok, Tetsutaro Uehara Oct 2018

Enhancement Of Media Splicing Detection: A General Framework, Songpon Teerakanok, Tetsutaro Uehara

Journal of Digital Forensics, Security and Law

Digital media (i.e., image, audio) has played an influential role in today information system. The increasing of popularity in digital media has brought forth many technological advancements. The advancements, however, also gives birth to a number of forgeries and attacks against this type of information. With the availability of easy-to-use media manipulating tools available online, the authenticity of today digital media cannot be guaranteed. In this paper, a new general framework for enhancing today media splicing detection has been proposed. By combining results from two traditional approaches, the enhanced detection results show improvement in term of clarity in which ...


A New Framework For Securing, Extracting And Analyzing Big Forensic Data, Hitesh Sachdev, Hayden Wimmer, Lei Chen, Carl Rebman Oct 2018

A New Framework For Securing, Extracting And Analyzing Big Forensic Data, Hitesh Sachdev, Hayden Wimmer, Lei Chen, Carl Rebman

Journal of Digital Forensics, Security and Law

Finding new methods to investigate criminal activities, behaviors, and responsibilities has always been a challenge for forensic research. Advances in big data, technology, and increased capabilities of smartphones has contributed to the demand for modern techniques of examination. Smartphones are ubiquitous, transformative, and have become a goldmine for forensics research. Given the right tools and research methods investigating agencies can help crack almost any illegal activity using smartphones. This paper focuses on conducting forensic analysis in exposing a terrorist or criminal network and introduces a new Big Forensic Data Framework model where different technologies of Hadoop and EnCase software are ...


A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy Oct 2018

A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy

Journal of Digital Forensics, Security and Law

As technology improves and economies become more globalized, the concept of currency has evolved. Bitcoin, a cryptographic digital currency, has been embraced as a secure and convenient type of money. Due to its security and privacy for the user, Bitcoin is a good tool for conducting criminal trades. The Financial Crimes Enforcement Network (FinCEN) has regulations in place to make identification information of Bitcoin purchasers accessible to law enforcement, but enforcing these rules with cash-for-Bitcoin traders is difficult. This study surveyed cash-for-Bitcoin vendors in Oklahoma, Texas, Arkansas, Missouri, Kansas, Colorado, and New Mexico to determine personal demographic information, knowledge of ...


Emojis And The Law, Eric Goldman Oct 2018

Emojis And The Law, Eric Goldman

Washington Law Review

Emojis are an increasingly important way we express ourselves. Though emojis may be cute and fun, their usage can lead to misunderstandings with significant legal stakes—such as whether someone should be obligated by contract, liable for sexual harassment, or sent to jail. Our legal system has substantial experience interpreting new forms of content, so it should be equipped to handle emojis. Nevertheless, some special attributes of emojis create extra interpretative challenges. This Article identifies those attributes and proposes how courts should handle them. One particularly troublesome interpretative challenge arises from the different ways platforms depict emojis that are nominally ...


Employing Ai, Charles A. Sullivan Oct 2018

Employing Ai, Charles A. Sullivan

Villanova Law Review

No abstract provided.


Back Matter Sep 2018

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.


Ontologies And The Semantic Web For Digital Investigation Tool Selection, Hayden Wimmer, Lei Chen, Thomas Narock Sep 2018

Ontologies And The Semantic Web For Digital Investigation Tool Selection, Hayden Wimmer, Lei Chen, Thomas Narock

Journal of Digital Forensics, Security and Law

The nascent field of digital forensics is heavily influenced by practice. Much digital forensics research involves the use, evaluation, and categorization of the multitude of tools available to researchers and practitioners. As technology evolves at an increasingly rapid pace, the digital forensics field must constantly adapt by creating and evaluating new tools and techniques to perform forensic analysis on many disparate systems such as desktops, notebook computers, mobile devices, cloud, and personal wearable sensor devices, among many others. While researchers have attempted to use ontologies to classify the digital forensics domain on various dimensions, no ontology of digital forensic tools ...


Front Matter Sep 2018

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.