Computer Law Commons^™

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Sold Downstream: Free Speech, Fair Use, And Anti-Circumvention Law, R. Terry Parker

The University of New Hampshire Law Review

[Excerpt] “Here’s a hypo. Living in Asia, I purchased a shameful amount of music and movies, all legit purchases through reputable stores, HMV and Tower Records, but little of which will get reissued. I wanted to preserve my collection but software in the discs prevented me from ripping backup copies to my computer. Lacking the technological savvy to get around this software myself, I purchased and used a product to help me circumvent these controls. Discuss.

Courts agree that copying the music and movies here is infringement but that fair use may provide a defense. However, courts do not agree …

Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Software Development As An Antitrust Remedy: Lessons From The Enforcement Of The Microsoft Communications Protocol Licensing Requirement, William H. Page, Seldon J. Childers

UF Law Faculty Publications

An important provision in each of the final judgments in the government's Microsoft antitrust case requires Microsoft to "make available" to software developers the communications protocols that Windows client operating systems use to interoperate "natively" (that is, without adding software) with Microsoft server operating systems in corporate networks or over the Internet. The short-term goal of the provision is to allow developers, as licensees of the protocols, to write applications for non-Microsoft server operating systems that interoperate with Windows client computers in the same ways that applications written for Microsoft's server operating systems interoperate with Windows clients. The long-term goal …

A Primer On Electronic Contracting And Transactions In North Carolina, Richard A. Lord

Campbell Law Review

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Intel's Alleged Schemes Affected U.S. Consumers, Robert H. Lande

All Faculty Scholarship

This short piece explains how the first unit discounts or rebates allegedly given by Intel on their X86 chips could harm competition, innovation, and PC purchasers in this crucial $33 billion/year market. For these reasons, their discounts or rebates could violate European Competition law and U.S. Antitrust law.

Vol. Vi, Tab 38 - Ex. 33 - Email From Eric Eichmann, Eric Eichmann

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Vi, Tab 38 - Ex. 20 - Email From Lena Huang, Lena Huang

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Vol. Ix, Tab 41 - Ex. 22 - Email From Lena Huang (Rosetta Stone Online Marketing), Lena Huang

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple

Canadian Journal of Law and Technology

This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …

Electronic Records As Documentary Evidence, Ken Chasse

Canadian Journal of Law and Technology

The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …

The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm

Canadian Journal of Law and Technology

In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …

Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll

Working Paper Series

In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Vol. Ix, Tab 46 - Ex. 6 - Email From [email protected], Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Towards Redaction Of Digital Information From Electronic Devices, Gavin W. Manes, Lance Watson, David Greer, Alex Barclay, John Hale

Annual ADFSL Conference on Digital Forensics, Security and Law

In the discovery portion of court proceedings, it is necessary to produce information to opposing counsel. Traditionally, this information is in paper form with all privileged information removed. Increasingly, the information requested during discovery exists in digital form and savvy counsel is requesting direct access to the original digital source: a broad spectrum of additional digital information can be often be extracted using digital forensics. This paper describes the major problems which must be solved to redact digital information from electronic devices. The primary hurdle facing digital redaction is the lack of a rational process for systematically handling encoded, encrypted, …

Do Current Erasure Programs Remove Evidence Of Bittorrent Activity?, Andrew Woodward, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress aims to evaluate the effectiveness of commercial programs to erase traces of the use of BitTorrent software. The erasure programs MaxErase, P2PDoctor, Privacy Suite, Window Washer and R-Clean and Wipe were used on a machine that had used the BitTorrent client Azureus to download two torrent files. The drive was imaged and then searched for torrent files. The registry was also examined on the source machine. The program R-Clean and Wipe left evidence in both the registry and the image of the name and type of files that had been downloaded with this software. Of greater …

Textbooks For Computer Forensic Courses: A Preliminary Study, Jigang Liu, Larry Gottschalk, Kuodi Jian

Annual ADFSL Conference on Digital Forensics, Security and Law

As computer forensics develops into one of the fastest-growing areas in the computer related fields, many universities and colleges are offering or are planning to offer a course in computer forensics. When instructors begin to develop a new course in the area, one of critical questions they would ask is what textbook should be used. To better answer the question, we conducted a study in which we tried to find which textbooks are being used in computer forensic courses. We believe that the results and analysis of our study will help instructors in choosing adequate textbooks for their new course …

The Case For Teaching Network Protocols To Computer Forensics Examiners, Gary C. Kessler, Matt Fasulo

Annual ADFSL Conference on Digital Forensics, Security and Law

Most computer forensics experts are well-versed in basic computer hardware technology, operating systems, common software applications, and computer forensics tools. And while many have rudimentary knowledge about the Internet and simple network-lookup tools, they are not trained in the analysis of network communication protocols and the use of packet sniffers. This paper describes digital forensics applications for network analysis and includes four case studies.

Keywords: computer forensics education, network forensics, protocol analysis

Education For Cyber Crime Investigators, David Greer, Joe Mulenex, John Hale, Gavin W. Manes

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics and cyber crime investigations are continually growing, rapidly changing fields requiring law enforcement agencies to meet very rigorous training requirements. New opportunities for committing criminal activity against persons, organization or property are presented every day with the proliferation of personal digital devices, computers, the internet, computer networks, and automated data systems. Whether the crime involves attacks against computer systems, electronic information, or more traditional crimes such as murder, money laundering or fraud, electronic evidence is becoming more prevalent. It is no surprise that law enforcement and criminal justice officials are being overwhelmed by the volume of investigations and …

Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki Jung Lee, Il-Yeol Song

Annual ADFSL Conference on Digital Forensics, Security and Law

Current approaches of phishing filters depend on classifying messages based on textually discernable features such as IP-based URLs or domain names as those features that can be easily extracted from a given phishing message. However, in the same sense, those easily perceptible features can be easily manipulated by sophisticated phishers. Therefore, it is important that universal patterns of phishing messages should be identified for feature extraction to serve as a basis for text classification. In this paper, we demonstrate that user perception regarding phishing message can be identified in central and peripheral routes of information processing. We also present a …

Computer Geolocation Using Extracted Features, Chad M.S. Steel

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper compares the extracted feature data from a sample set of hard drive images in an effort to relate the features to the physical location of the drive. A list of probable zip codes, phone numbers, place names, and IP addresses are extracted from raw drive images and compared to manually identified geolocation data. The results of the individual extractions are then analyzed to determine the feasibility in using automated extraction and analysis techniques for geolocating hard drives.

Keywords: hard disk forensics, geocoding, geolocation