Law Commons^™

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 …

Masthead

Journal of Digital Forensics, Security and Law

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Journal of Digital Forensics, Security and Law

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Front Matter

Journal of Digital Forensics, Security and Law

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Journal of Digital Forensics, Security and Law

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Journal of Digital Forensics, Security and Law

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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 …

Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni

Jurnal Hukum & Pembangunan

Big data is the large volume of data available in information traffic and is considered to have economic value in the present. The data is collected, stored, and sometimes analyzed for the purpose of providing economic benefits to certain organizations. As individuals who provide the data to an organization, we believe that the data will be protected and kept confidential. However, the reality is sometimes different. Laws and regulations that specifically regulate the collection, storage, publication and protection of personal data very needed. This paper will discuss the legal framework for personal data and their protection in Indonesia. At the …

Table Of Contents

Journal of Digital Forensics, Security and Law

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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 their …

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 fundamental …

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 emotional …

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 …

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 spaces, …

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

West Virginia Law Review

No abstract provided.

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 entity avoids activities that …

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 students’ constitutional …

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 anomalies …

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

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

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 standardized …

Employing Ai, Charles A. Sullivan

Villanova Law Review

No abstract provided.

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 …

Sharia Law And Digital Forensics In Saudi Arabia, Fahad Alanazi, Andrew Jones, Catherine Menon

Journal of Digital Forensics, Security and Law

These days, digital crime is one of the main challenges for law enforcement and the judicial system. Many of the laws which are used to protect the users of current technologies were derived from legislation and laws that are utilized in the control of crimes that are based in the physical realm. This applies not only in Western countries, but in countries that adopt Sharia law. There is a need to establish specific legislation and accepted best practice to deal with digital crimes that is compatible with Sharia law, which affects more than one billion Muslims. This paper presents a …

Back Matter

Journal of Digital Forensics, Security and Law

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Front Matter

Journal of Digital Forensics, Security and Law

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A Forensic Enabled Data Provenance Model For Public Cloud, Shariful Haque, Travis Atkison

Journal of Digital Forensics, Security and Law

Cloud computing is a newly emerging technology where storage, computation and services are extensively shared among a large number of users through virtualization and distributed computing. This technology makes the process of detecting the physical location or ownership of a particular piece of data even more complicated. As a result, improvements in data provenance techniques became necessary. Provenance refers to the record describing the origin and other historical information about a piece of data. An advanced data provenance system will give forensic investigators a transparent idea about the data's lineage, and help to resolve disputes over controversial pieces of data …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Bazaar Transnational Drafting: An Analysis Of The Gnu Public License Version 3 Revision Process, Christopher M. Dileo

San Diego International Law Journal

This Article will step through the drafting process and compare bazaar and cathedral modes of drafting to determine if a bazaar mode can efficiently produce a legal instrument that crosses legal regimes. As the title suggests, the bazaar process analysis case will be the GNU General Public License version 3 (the GPLv3) Revision Process. A comparison of the advantages and disadvantages of the bazaar mode of drafting to the cathedral mode of drafting will hopefully demonstrate the overall value of a transnational bazaar process like the GPLv3 Revision Process.

Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover

Seattle University Law Review

Transcript of the panel discussion at the 2018 Seattle University School of Law symposium “Singularity: AI and the Law.” The panel is moderated by Seattle University School of Law Professor Gregory Silverman, and discusses the forthcoming book Robotica, by David M. Skover and Ronald K. L. Collins. The panelists are Bruce E. H. Johnson, Helen Norton, and David M. Skover.