Computer Law Commons^™

Commercial Enablers Of China’S Cyber-Intelligence And Information Operations, Ethan Mansour, Victor Mukora

Military Cyber Affairs

In a globally commercialized information environment, China uses evolving commercial enabler networks to position and project its goals. They do this through cyber, intelligence, and information operations. This paper breaks down the types of commercial enablers and how they are used operationally. It will also address the CCP's strategy to gather and influence foreign and domestic populations throughout cyberspace. Finally, we conclude with recommendations for mitigating the influence of PRC commercial enablers.

Techno-Legal Solutionism: Regulating Children's Online Safety In The United States, Maria P. Angel, Danah Boyd

Scholarly Works

Convinced that social media is directly harming children, policymakers have started to introduce legislation that requires technology companies to be safe by design through “duty of care” provisions. Unlike regulations that focus on product safety, these bills incorporate technosolutionist logics into regulation by presuming that technology companies can remedy complex harms like mental health duress and bullying if their products were only designed better. In this paper, we unpack the theory of change at the center of the “duty of care” included in the “Kids Online Safety Act” (KOSA). We argue that techno-legal solutionism is both ineffective as a framework …

Content Moderation On Social Media: Social And Computational Standards And Implications, Mohit Singhal

Computer Science and Engineering Dissertations - Archive

Social media has become a powerful tool that reflects human communication's best and worst aspects. They allow individuals to freely express opinions, communicate with others, and learn about new stories. On the other hand, they have become fertile grounds for several forms of abuse, harassment, and the dissemination of misinformation. Social media platforms have established and employed content moderation to counteract the spread of abuse and misinformation.

Some critical challenges hinder the understanding of the social media content moderation ecosystem. This dissertation investigates various aspects of content moderation, including their coverage, fairness, and effectiveness. Firstly, it investigates how, in practice, …

Datafication, Power, And Publics In India's National Digital Health Ecosystem, Ramya Chandrasekhar

Socio-Legal Review

While evident for a long time, the COVID-19 pandemic starkly illustrated the need to strengthen India’s public healthcare system. But since 2017, the solution to India’s public health woes takes the shape of the National Digital Health Ecosystem (‘NDHE’) – a digital system for the generation, use, and “frictionless” circulation of health data across healthcare actors through the use of artefacts such as health IDs, electronic health records, data standards, and federated computing architectures. These artefacts are not neutral technological systems. Rather, together with social practices, they constitute a “data infrastructure.” Seeing the NDHE as a data infrastructure allows us …

Antitrust, Amazon, And Algorithmic Auditing, Jens Frankenreiter, Abhisek Dash, Abhijnan Chakraborty, Saptarshi Ghosh, Animesh Mukherjee, Stefan Bechtold, Krishna P. Gummadi

Scholarship@WashULaw

In digital markets, antitrust law and special regulations aim to ensure that markets remain competitive despite the dominating role that digital platforms play today in everyone's life. Unlike traditional markets, market participant behavior is easily observable in these markets. We present a series of empirical investigations into the extent to which Amazon engages in practices that are typically described as self-preferencing. We discuss how the computer science tools used in this paper can be used in a regulatory environment that is based on algorithmic auditing and requires regulating digital markets at scale.

Introduction To The Symposium On Digital Evidence, Melissa (M.J.) Durkee, Tamar Megiddo

Scholarship@WashULaw

The past few decades have seen radical advances in the availability and use of digital evidence in multiple areas of international law. Witnesses snap cellphone photos of unfolding atrocities and post them online, while others share updates in real time through messaging apps. Immigration officers search cell phones. Private citizens launch open-source online investigations. Investigators scrape social media posts. Digital experts verify authenticity with satellite geolocation. These new types of evidence and digitally facilitated methods and patterns of evidence gathering and analysis are revolutionizing the everyday practice of international law, drawing in an ever-wider circle of actors who can contribute …

Regulatory Monitoring In The Information Economy, Brenda Dvoskin

Scholarship@WashULaw

The administrative state is inadequately structured to define and implement public values related to the design and operation of digital architectures, systems, and processes. The Reimagining the Governance Stack Project at Georgetown Law is a long-term, full-stack effort to reinvent the administrative state so that it is capable of governing the information economy in accordance with public priorities. This first concept paper focuses on regulatory monitoring capacities. Agencies need new tools to monitor compliance with existing public mandates and understand the information economy in order to develop new and more effective regulation.

Do Patents Drive Investment In Software?, James Hicks

Scholarship@WashULaw

In the wake of a quartet of Supreme Court decisions which disrupted decades of settled law, the doctrine of patentable subject matter is in turmoil. Scholars, commentators, and jurists continue to disagree sharply over which kinds of invention should be patentable. In this debate, no technology has been more controversial than software. Advocates of software patents contend that denying protection would stymie innovation in a vital industry; skeptics argue that patents are a poor fit for software, and that the social costs of patents outweigh any plausible benefits. At the core of this disagreement is a basic problem: the debate …

How To Understand China's Approach To Central Bank Digital Currency?, Heng Wang

Research Collection Yong Pung How School Of Law

China's central bank digital currency (CBDC), digital yuan or e-CNY, is likely to profoundly affect the international financial system. China's CBDC is fast evolving. Understanding the influencing factors of China's CBDC will likely be crucial to explore its future direction. Major influencing factors include (i) China's perception and conception of regulation and technology, (ii) complementarity between China's preferences and CBDC development, (iii) domestic and international legitimacy, and (iv) institutional development. This paper argues that these influencing factors contribute to China's likely approach of selectively reshaping the international financial system. Given the potential wide-ranging implications of the introduction of CBDC globally, …

Security-Enhanced Serial Communications, John White, Alexander Beall, Joseph Maurio, Dane Fichter, Dr. Matthew Davis, Dr. Zachary Birnbaum

Military Cyber Affairs

Industrial Control Systems (ICS) are widely used by critical infrastructure and are ubiquitous in numerous industries including telecommunications, petrochemical, and manufacturing. ICS are at a high risk of cyber attack given their internet accessibility, inherent lack of security, deployment timelines, and criticality. A unique challenge in ICS security is the prevalence of serial communication buses and other non-TCP/IP communications protocols. The communication protocols used within serial buses often lack authentication and integrity protections, leaving them vulnerable to spoofing and replay attacks. The bandwidth constraints and prevalence of legacy hardware in these systems prevent the use of modern message authentication and …

Enhancing The Battleverse: The People’S Liberation Army’S Digital Twin Strategy, Joshua Baughman

Military Cyber Affairs

No abstract provided.

What Senior U.S. Leaders Say We Should Know About Cyber, Dr. Joseph H. Schafer

Military Cyber Affairs

On April 6, 2023, the Atlantic Council’s Cyber Statecraft Initiative hosted a panel discussion on the new National Cybersecurity Strategy. The panel featured four senior officials from the Office of the National Cyber Director (ONCD), the Department of State (DoS), the Department of Justice (DoJ), and the Department of Homeland Security (DHS). The author attended and asked each official to identify the most important elements that policymakers and strategists must understand about cyber. This article highlights historical and recent struggles to express cyber policy, the responses from these officials, and the author’s ongoing research to improve national security cyber policy.

Operationalizing Deterrence By Denial In The Cyber Domain, Gentry Lane

Military Cyber Affairs

No abstract provided.

Some Legal And Practical Challenges In The Investigation Of Cybercrime, Ritz Carr

Cybersecurity Undergraduate Research Showcase

According to the Internet Crime Complaint Center (IC3), in 2021, the United States lost around $6.9 billion to cybercrime. In 2022, that number grew to over $10.2 billion (IC3, 2022). In one of many efforts to combat cybercrimes, at least 40 states “introduced or considered more than 250 bills or resolutions that deal significantly with cybersecurity” with 24 states officially enacting a total of 41 bills (National Conference on State Legislatures, 2022).

The world of cybercrime evolves each day. Nevertheless, challenges arise when we investigate and prosecute cybercrime, which will be examined in the following collection of essays that highlight …

Swipe Right Into A Disciplinary Hearing: How The Use Of Dating Apps Could Earn An Attorney More Than A Bad First Date, Zachary S. Aman

Catholic University Journal of Law and Technology

The Model Rules of Professional Conduct seek to police the conduct of attorneys. Each jurisdiction adopts its own rules of professional conduct to apply to the attorneys licensed within it. Notably, the model rules prohibit any sexual relationship between the attorney and client unless that relationship precedes the attorney-client relationship. Traditionally, defining a "sexual relationship" was simple, particularly if the attorney and client engaged in sexual intercourse. The introduction of dating apps, however, has blurred the line.

This article outlines the inherent risks of attorneys using dating apps at a time when most newly-licensed attorneys make up the majority of …

Natural Language Processing In Legal Tech, Jens Frankenreiter, Julian Nyarko

Scholarship@WashULaw

Natural language processing techniques promise to automate an activity that lies at the core of many tasks performed by lawyers, namely the extraction and processing of information from unstructured text. The relevant methods are thought to be a key ingredient for both current and future legal tech applications. This chapter provides a non-technical overview of the current state of NLP techniques, focusing on their promise and potential pitfalls in the context of legal tech applications. It argues that, while NLP-powered legal tech can be expected to outperform humans in specific categories of tasks that play to the strengths of current …

Disorderly Content, Ari Waldman

Washington Law Review

Content moderation plays an increasingly important role in the creation and dissemination of expression, thought, and knowledge. And yet, throughout the social media ecosystem, nonnormative and LGBTQ+ sexual expression is disproportionately taken down, restricted, and banned. The current sociolegal literature, which focuses on content moderation as a whole and sees echoes of formal law in the evolution of its values and mechanics, insufficiently captures the ways in which those principles and practices are not only discriminatory, but also resemble structures of power that have long been used to police queer sexual behavior in public spaces.

This Article contributes to the …

Content Moderation As Surveillance, Hannah Bloch-Wehba

Faculty Scholarship

Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …

Defensive Industrial Policy: Cybersecurity Interventions To Reduce Intellectual Property Theft, Dr. Chad Dacus, Dr. Carl (Cj) Horn

Military Cyber Affairs

Through cyber-enabled industrial espionage, China has appropriated what Keith Alexander, the former Director of the National Security Agency, dubbed “the largest transfer of wealth in history.” Although China disavows intellectual property (IP) theft by its citizens and has set self-sustained research and development as an important goal, it is unrealistic to believe IP theft will slow down meaningfully without changing China’s decision calculus. China and the United States have twice agreed, in principle, to respect one another’s IP rights. However, these agreements have lacked any real enforcement mechanism, so the United States must do more to ensure its IP is …

Enter The Battleverse: China's Metaverse War, Josh Baughman

Military Cyber Affairs

No abstract provided.

Technical Behaviours Of Child Sexual Exploitation Material Offenders, Chad Steel, Emily Newman, Suzanne O'Rourke, Ethel Quayle

Journal of Digital Forensics, Security and Law

An exploration of the technological behaviours of previously convicted child sexual exploitation material (CSEM) offenders provides a foundation for future applied research into deterrence, investigation, and treatment efforts. This study evaluates the technology choices and transitions of individuals previously convicted of CSEM offenses. Based on their inclusion in two sex offender registries, anonymous survey results (n=78) were collected from English-speaking adults within the United States. CSEM offenders chose technologies based on both utility and perceived risk; peer-to-peer and web-browsers were the most common gateway technologies and showed substantial sustained usage; a substantial minority of users never stored CSEM and only …

Timestamp Estimation From Outdoor Scenes, Tawfiq Salem, Jisoo Hwang, Rafael Padilha

Annual ADFSL Conference on Digital Forensics, Security and Law

The increasing availability of smartphones allowed people to easily capture and share images on the internet. These images are often associated with metadata, including the image capture time (timestamp) and the location where the image was captured (geolocation). The metadata associated with images provides valuable information to better understand scenes and events presented in these images. The timestamp can be manipulated intentionally to provide false information to convey a twisted version of reality. Images with manipulated timestamps are often used as a cover-up for wrongdoing or broadcasting false claims and competing views on the internet. Estimating the time of capture …

Human-Controlled Fuzzing With Afl, Maxim Grishin, Igor Korkin, Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Fuzzing techniques are applied to reveal different types of bugs and vulnerabilities. American Fuzzy Lop (AFL) is a free most popular software fuzzer used by many other fuzzing frameworks. AFL supports autonomous mode of operation that uses the previous step output into the next step, as a result fuzzer spends a lot of time analyzing minor code sections. By making fuzzing process more focused and human controlled security expert can save time and find more bugs in less time. We designed a new module that can fuzz only the specified functions. As a result, the chosen ones will be inspected …

A Low-Cost Machine Learning Based Network Intrusion Detection System With Data Privacy Preservation, Jyoti Fakirah, Lauhim Mahfuz Zishan, Roshni Mooruth, Michael L. Johnstone, Wencheng Yang

Annual ADFSL Conference on Digital Forensics, Security and Law

Network intrusion is a well-studied area of cyber security. Current machine learning-based network intrusion detection systems (NIDSs) monitor network data and the patterns within those data but at the cost of presenting significant issues in terms of privacy violations which may threaten end-user privacy. Therefore, to mitigate risk and preserve a balance between security and privacy, it is imperative to protect user privacy with respect to intrusion data. Moreover, cost is a driver of a machine learning-based NIDS because such systems are increasingly being deployed on resource-limited edge devices. To solve these issues, in this paper we propose a NIDS …

The Amorphous Nature Of Hackers: An Exploratory Study, Kento Yasuhara, Daniel Walnycky, Ibrahim Baggili, Ahmed Alhishwan

Annual ADFSL Conference on Digital Forensics, Security and Law

In this work, we aim to better understand outsider perspectives of the hacker community through a series of situation based survey questions. By doing this, we hope to gain insight into the overall reputation of hackers from participants in a wide range of technical and non-technical backgrounds. This is important to digital forensics since convicted hackers will be tried by people, each with their own perception of who hackers are. Do cyber crimes and national security issues negatively affect people’s perceptions of hackers? Does hacktivism and information warfare positively affect people’s perception of hackers? Do individual personality factors affect one’s …

Anatomy Of An Internet Hijack And Interception Attack: A Global And Educational Perspective, Ben A. Scott, Michael N. Johnstone, Patryk Szewczyk

Annual ADFSL Conference on Digital Forensics, Security and Law

The Internet’s underlying vulnerable protocol infrastructure is a rich target for cyber crime, cyber espionage and cyber warfare operations. The stability and security of the Internet infrastructure are important to the function of global matters of state, critical infrastructure, global e-commerce and election systems. There are global approaches to tackle Internet security challenges that include governance, law, educational and technical perspectives. This paper reviews a number of approaches to these challenges, the increasingly surgical attacks that target the underlying vulnerable protocol infrastructure of the Internet, and the extant cyber security education curricula; we find the majority of predominant cyber security …

The Application Of The Right To Be Forgotten In The Machine Learning Context: From The Perspective Of European Laws, Zeyu Zhao

Catholic University Journal of Law and Technology

The right to be forgotten has been evolving for decades along with the progress of different statutes and cases and, finally, independently enacted by the General Data Protection Regulation, making it widely applied across Europe. However, the related provisions in the regulation fail to enable machine learning systems to realistically forget the personal information which is stored and processed therein.

This failure is not only because existing European rules do not stipulate standard codes of conduct and corresponding responsibilities for the parties involved, but they also cannot accommodate themselves to the new environment of machine learning, where specific information can …

Deepfakes, Shallowfakes, And The Need For A Private Right Of Action, Eric Kocsis

Dickinson Law Review (2017-Present)

For nearly as long as there have been photographs and videos, people have been editing and manipulating them to make them appear to be something they are not. Usually edited or manipulated photographs are relatively easy to detect, but those days are numbered. Technology has no morality; as it advances, so do the ways it can be misused. The lack of morality is no clearer than with deepfake technology.

People create deepfakes by inputting data sets, most often pictures or videos into a computer. A series of neural networks attempt to mimic the original data set until they are nearly …

Book Review: This Is How They Tell Me The World Ends: The Cyberweapons Arms Race (2020) By Nicole Perlroth, Amy C. Gaudion

Dickinson Law Review (2017-Present)

No abstract provided.

A Lightweight Reliably Quantified Deepfake Detection Approach, Tianyi Wang, Kam Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Deepfake has brought huge threats to society such that everyone can become a potential victim. Current Deepfake detection approaches have unsatisfactory performance in either accuracy or efficiency. Meanwhile, most models are only evaluated on different benchmark test datasets with different accuracies, which could not imitate the real-life Deepfake unknown population. As Deepfake cases have already been raised and brought challenges at the court, it is disappointed that no existing work has studied the model reliability and attempted to make the detection model act as the evidence at the court. We propose a lightweight Deepfake detection deep learning approach using the …