Computer Law Commons^™

Paper Session Iv: Toward Understanding Digital Forensics As A Profession: Defining Curricular Needs (***Research In Process ***), Michelle Wolf, Alan Shafer, Michael Gendron

Annual ADFSL Conference on Digital Forensics, Security and Law

This research paper presents research in process which attempts to define the common body of knowledge (CBK) of digital forensics. Digital forensics is not well defined not does it have a generally accepted CBK. The first three phases of completed research, in a four-phase research process are discussed. The early results have created a preliminary CBK, and final validation is underway.

Paper Session Iii: Research Brief: A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns, Elizabeth V. Mulig

Annual ADFSL Conference on Digital Forensics, Security and Law

Recent prosecutions of highly publicized white-collar crimes combined with public outrage have resulted in heightened regulation and greater emphasis on systems of internal control. Because both white-collar and cybercrimes are usually perpetrated through computers, auditors’ knowledge of information technology (IT) is now more vital than ever. However, preserving digital evidence and investigative techniques, which can be essential to fraud examinations, are not skills frequently taught in accounting programs. Furthermore, many students are not instructed in the use of computer assisted auditing tools and techniques – applications that might uncover fraudulent activity. Only a limited number of university-level accounting classes provide …

Paper Session Ii: Forensic Scene Documentation Using Mobile Technology, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper outlines a framework for integrating forensic scene documentation with mobile technology. Currently there are no set standards for documenting a forensic scene. Nonetheless, there is a conceptual framework that forensic scientists and engineers use that includes note taking, scene sketches, photographs, video, and voice interview recordings. This conceptual framework will be the basis that a mobile forensic scene documentation software system is built on. A mobile software system for documenting a forensic scene may help in standardizing forensic scene documentation by regulating the data collection and documentation processes for various forensic disciplines.

Buried Online: State Laws That Limit E-Commerce In Caskets, Jerry Ellig, Asheesh Agarwal

ExpressO

Consumers seeking to purchase caskets online could benefit from the Supreme Court’s 2005 decision that states cannot discriminate against interstate direct wine shipment. Federal courts have reached conflicting conclusions when asked whether state laws requiring casket sellers to be licensed funeral directors violate the U.S. Constitution’s Due Process Clause. In Powers v. Harris, the 10th Circuit even offered an unprecedented ruling that economic protectionism is a legitimate state interest that can justify otherwise unconstitutional policies. In Granholm v. Heald, however, the Supreme Court declared that discriminatory barriers to interstate wine shipment must be justified by a legitimate state interest, and …

Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the first Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

Alphaco: A Teaching Case On Information Technology Audit And Security, Hüseyin Tanriverdi, Joshua Bertsch, Jonathan Harrison, Po-Ling Hsiao, Ketan S. Mesuria, David Hendrawirawan

Journal of Digital Forensics, Security and Law

Recent regulations in the United States (U.S.) such as the Sarbanes-Oxley Act of 2002 require top management of a public firm to provide reasonable assurance that they institute internal controls that minimize risks over the firm’s operations and financial reporting. External auditors are required to attest to the management’s assertions over the effectiveness of those internal controls. As firms rely more on information technology (IT) in conducting business, they also become more vulnerable to IT related risks. IT is critical for initiating, recording, processing, summarizing and reporting accurate financial and non-financial data. Thus, understanding IT related risks and instituting internal …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Designing A Data Warehouse For Cyber Crimes, Il-Yeol Song, John D. Maguire, Ki Jung Lee, Namyoun Choi, Xiaohua Hu, Peter Chen

Journal of Digital Forensics, Security and Law

One of the greatest challenges facing modern society is the rising tide of cyber crimes. These crimes, since they rarely fit the model of conventional crimes, are difficult to investigate, hard to analyze, and difficult to prosecute. Collecting data in a unified framework is a mandatory step that will assist the investigator in sorting through the mountains of data. In this paper, we explore designing a dimensional model for a data warehouse that can be used in analyzing cyber crime data. We also present some interesting queries and the types of cyber crime analyses that can be performed based on …

A Forensic Log File Extraction Tool For Icq Instant Messaging Clients, Kim Morfitt, Craig Valli

Journal of Digital Forensics, Security and Law

Instant messenger programs such as ICQ are often used by hackers and criminals for illicit purposes and consequently the log files from such programs are of interest in a forensic investigation. This paper outlines research that has resulted in the development of a tool for the extraction of ICQ log file entries. Detailed reconstruction of data from log files was achieved with a number of different ICQ software. There are several limitations with the current design including timestamp information not adjusted for the time zone, data could be altered, and conversations must be manually reconstructed. Future research will aim to …

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Journal of Digital Forensics, Security and Law

Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …

The Role Of Power And Negotiation In Online Deception, Chad Albrecht, Conan C. Albrecht, Jonathan Wareham, Paul Fox

Journal of Digital Forensics, Security and Law

The purpose of this paper is to advance theoretical understanding of the important role of both power and negotiation during online deception. By so doing, the paper provides insight into the relationship between perpetrator and victim in Internet fraud. The growing prevalence of Internet Fraud continues to be a burden to both society and individuals. In an attempt to better understand Internet fraud and online deception, this article attempts to build an interactive model, based upon the dimensions of power and negotiation from the management and psychology literature. Using the model presented, the article examines the effects of the Internet …

A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Recent prosecutions of highly publicized white-collar crimes combined with public outrage have resulted in heightened regulation of financial reporting and greater emphasis on systems of internal control. Because both white-collar and cybercrimes are usually perpetrated through computers, internal and external auditors’ knowledge of information technology (IT) is now more vital than ever. However, preserving digital evidence and investigative techniques, which can be essential to fraud examinations, are not skills frequently taught in accounting programs and instruction in the use of computer assisted auditing tools and techniques – applications that might uncover fraudulent activity – is limited. Only a few university-level …

Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier

Journal of Digital Forensics, Security and Law

Many people do all of their banking online, we and our children communicate with peers through computer systems, and there are many jobs that require near continuous interaction with computer systems. Criminals, however, are also “connected”, and our online interaction provides them a conduit into our information like never before. Our credit card numbers and other fiscal information are at risk, our children's personal information is exposed to the world, and our professional reputations are on the line.

The discipline of Digital Forensics in law enforcement agencies around the nation and world has grown to match the increased risk and …

Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka

Journal of Digital Forensics, Security and Law

Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, emails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as …

Forensic Tools For Mobile Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers

Journal of Digital Forensics, Security and Law

Mobile phones and other handheld devices incorporating cellular capabilities, such as Personal Digital Assistants, are ubiquitous. Besides placing calls, these devices allow users to perform other useful tasks, including text messaging and phonebook entry management. When cell phones and cellular devices are involved in a crime or other incident, forensic specialists require tools that allow the proper retrieval and speedy examination of data present on the device. For devices conforming to the Global System for Mobile Communications (GSM) standards, certain data such as dialed numbers, text messages, and phonebook entries are maintained on a Subscriber Identity Module (SIM). This paper …

Development And Delivery Of Coursework: The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka

Journal of Digital Forensics, Security and Law

This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Is Forensic Computing A Profession? Revisiting An Old Debate In A New Field, Bernd C. Stahl

Journal of Digital Forensics, Security and Law

Forensic Computing is a new and quickly developing field. It is in the process of becoming an academic discipline or sub-discipline with all the features from full undergraduate and postgraduate course provision to conferences and journals. An important question in this process of turning into an established discipline is whether it will coincide with the recognition of the graduates as professionals. This paper hopes to stimulate the debate as to whether forensic computing is or should be a discipline. In order to approach this question, the paper will discuss the concept of forensic computing including the most salient topics of …

Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz

Journal of Digital Forensics, Security and Law

This paper examines the problems faced by Law Enforcement in searching large quantities of electronic evidence. It examines the use of ontologies as the basis for new forensic software filters and provides a proof of concept tool based on an ontological design. It demonstrates that efficient searching is produced through the use of such a design and points to further work that might be carried out to extend this concept.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, use computers for the storage and processing of information relating to their business or services, their employees and their customers. A large proportion of families and individuals in their homes now also use personal computers and, both intentionally and inadvertently, often store on those computers personal information. It is clear that most organisations and individuals continue to be unaware of the information that may be stored on the hard disks that the computers contain, and have not considered what may happen to the information after the disposal of the equipment.

In …

Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota

Journal of Digital Forensics, Security and Law

With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker

ExpressO

Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency …

An Economic Theory Of Infrastructure And Commons Management, Brett M. Frischmann

ExpressO

In this article, Professor Frischmann combines a number of current debates across many disciplinary lines, all of which examine from different perspectives whether certain resources should be managed through a regime of private property or through a regime of open access. Frischmann develops and applies a theory that demonstrates there are strong economic arguments for managing and sustaining openly accessible infrastructure. The approach he takes differs from conventional analyses in that he focuses extensively on demand-side considerations and fully explores how infrastructure resources generate value for consumers and society. As a result, the theory brings into focus the social value …

Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

Institutions Of Learning Or Havens For Illegal Activities: How The Supreme Court Views Libraries, 25 N. Ill. U. L. Rev. 1 (2004), Raizel Liebler

UIC Law Open Access Faculty Scholarship

The role of libraries in American society is varied: libraries act as curators and repositories of American culture's recorded knowledge, as places to communicate with others, and as sources where one can gain information from books, magazines and other printed materials, as well as audio-video materials and the Internet. Courts in the United States have called libraries "the quintessential locus of the receipt of information, "'places that are "dedicated to quiet, to knowledge, and to beauty," and "a mighty resource in the free marketplace of ideas." These positive views of libraries are often in sharp contrast with views by some …

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …