Computer Law Commons^™

Defending Against Insider Use Of Digital Steganography, James E. Wingate, Glenn D. Watt, Marc Kurtz, Chad W. Davis, Robert Lipscomb

Annual ADFSL Conference on Digital Forensics, Security and Law

The trusted insider is among the most harmful and difficult to detect threats to information security, according to the Federal Plan for Information Assurance and Cyber Security Research and Development released in April 2006. By default, employees become trusted insiders when granted the set of privileges needed to do their jobs, which typically includes access to the Internet. It is generally presumed the insiders are loyally working to achieve the organization’s goals and objectives and would not abuse the privileges given to them. However, some insiders will inevitably abuse some of their privileges. For example, a trusted insider might abuse …

An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros

Annual ADFSL Conference on Digital Forensics, Security and Law

The interaction between disjunctive interpersonal relationships, those where the parties to the relationship disagree on the goals of the relationship, and the use of computer mediated communications channels is a relatively unexplored domain. Bargh (2002) suggests that CMC channels can amplify the development of interpersonal relationships, and notes that the effect is not constant across communications activities. This proposal suggests a line of research that explores the interaction between computer mediated communications (CMC) and stalking, which is a common form of disjunctive relationships. Field data from cyberstalking cases will be used to look at the effects of CMC channels on …

Guideline Model For Digital Forensic Investigation, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes a detailed guideline model for digital forensics; the proposed model consists of five main phases, Preparation phase, Physical Forensics and Investigation Phase, Digital Forensics Phase, Reporting and Presentation Phase, and Closure Phase.

Most of the existing models in this field do not cover all aspects of digital forensic investigations, as they focus mainly on the processing of digital evidence or on the legal points. Although they gave good information to base on it a guide, but they are not detailed enough to describe fully the investigative process in a way that can be used by investigators during …

Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth

Annual ADFSL Conference on Digital Forensics, Security and Law

When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this …

New Federal Rules And Digital Evidence, Gavin W. Manes, Elizabeth Downing, Lance Watson, Christopher Thrutchley

Annual ADFSL Conference on Digital Forensics, Security and Law

The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the …

The Gap Between Theory And Practice In Digital Forensics, Joseph C. Sremack

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a young field that is being defined by the reactive nature of its development – in terms of both research and practice. As technology develops, digital forensics is forced to react and adapt. The rapid development of technology and the lack of an established theoretical foundation has led to a disconnect between the theory and practice of digital forensics. While the base theoretical issues are being worked on by researchers, practitioners are dealing with entirely new sets of issues. The complexity of investigations is increasing, and anti-forensics techniques are advancing as well. The disconnect will be resolved …

The General Digital Forensics Model, Steven Rigby, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

The lack of a graphical representation of all of the principles, processes, and phases necessary to carry out an digital forensic investigation is a key inhibitor to effective education in this newly emerging field of study. Many digital forensic models have been suggested for this purpose but they lack explanatory power as they are merely a collection of lists or one-dimensional figures. This paper presents a new multi-dimensional model, the General Digital Forensics Model (GDFM), that shows the relationships and inter-connectedness of the principles and processes needed within the domain of digital forensics.

Keywords: process model, computer forensics, expert learning, …

Teams Responsibilities For Digital Forensic Process, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper presents a detailed digital forensics process model and the responsible teams to perform it. The discussed model presents three teams and a forensic leader who coordinate between the three teams; these teams are physical crime scene team, laboratory examination team and courtroom team. These teams are responsible of achieving the digital forensic model by applying five main phases which are preparation phase, physical forensics and investigation phase, digital forensics phase, reporting and presentation phase and closure phase.

Most of the existing models in this field are either theoretical that deals with data processing or based on a legal …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Annual ADFSL Conference on Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin

Canadian Journal of Law and Technology

Aux Etats-Unis, la radio par satellite existe depuis le nouveau millénaire. Mais les compagnies qui œuvrent dans ce domaine font face depuis 2006 a des poursuites devant les tribunaux par les grandes compagnies de disques. Elles paient pourtant les tarifs convenus avec les entreprises qui s’occupent de gestion collective des droits d’auteur sur les disques. Le probleme vient du fait que depuis leur entrée en ondes, des progrès technologiques leur permettent d’offrir à leurs abonnés des appareils qui sont bien plus polyvalents qu’un simple appareil radio récepteur. Les nouveaux modèles peuvent enregistrer plusieurs heures d'émissions, et ils peuvent transmettre à …

Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings

Canadian Journal of Law and Technology

This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such …

Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee

Canadian Journal of Law and Technology

The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …

Neutral Citation, Court Web Sites, And Access To Authoritative Case Law, Peter W. Martin

Cornell Law Faculty Publications

In 1994, the Wisconsin Bar and the Wisconsin Judicial Council together urged the state’s supreme court to take two dramatic steps with the combined aim of improving access to state case law: adopt a new system of neutral format citation and establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a firestorm, and the court deferred decision on the package. In the dozen or so years since those events, the background conditions have shifted dramatically. Neutral format citation has been endorsed by AALL and the ABA and formally adopted in a …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Vol. Ix, Tab 41 - Ex. 8 - Email From Fiona Lee And Epcot Study (Google Online Operations), Fiona Lee

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?

Private Copyright: Digital Rights Management Systems And The Consumer, Victor Nicholas Knipe

ExpressO

Digital Rights Managements (DRM) systems impact the digital content and software marketplace on several levels. The issues include copyright law, contract law, privacy, antitrust, and consumer protection. This paper examines how DRM systems affect the consumer and what changes can be made to bring about a more sensible and transparent market in the United States.

Suing Based On Spyware? Admissibility Of Evidence Obtained From Spyware In Violation Of Federal And State Wiretap Laws: O'Brien V. O'Brien As A Paradigmatic Case, Shan Sivalingam

Washington Journal of Law, Technology & Arts

Early in 2005, a Florida intermediate appellate court ruled that a trial court adjudicating a divorce proceeding had properly excluded evidence that the wife obtained by installing a spyware program on the husband’s computer. The court held that the evidence was an intercepted electronic communication that violated a Florida statute modeled after the Federal Wiretap Act. The Florida court ruled that exclusion fell properly within the discretion of the trial court, despite the fact that the relevant Florida statute did not contain an exclusionary rule for intercepted electronic communications. This Article provides a short overview of the federal and state …

Internet 3.0: Identifying Problems And Solutions To The Network Neutrality Debate , Robert M. Frieden

ExpressO

What Internet Service Providers (“ISPs”) can and cannot do to diversify services lies at the core of the debate over network neutrality. In prior generations ISPs had little incentive or technological capability to deviate from plain vanilla best efforts routing for content providers and from standard “all you can eat” subscription terms for consumer access to the World Wide Web. The next generation Internet has the technological capability and ISPs have the commercial motivation to offer “better than best efforts” routing and premium services for both content providers and consumers seeking higher quality of service and more reliable traffic delivery. …

The Internet And The Project Of Communications Law, Susan P. Crawford

ExpressO

The internet offers the potential for economic growth stemming from online human communications, but recent industry and government actions have disfavored these possibilities by treating the internet like a content-delivery supply chain. This article recommends that the internet be at the center of communications policy and that laws affecting internet access be evaluated in terms of whether they further U.S. economic growth by facilitating increased emergent online diversity. It criticizes the nearly exclusive focus of communications policy on the private economic success of infrastructure and “application” providers, and suggests that communications policy be focused on facilitating communications themselves.

The Need For Software Innovation Policy, Christopher Riley

ExpressO

This paper examines the current legal treatment of software innovation. It argues that recent judicial standards for the regulation of software innovation do not adequately protect innovation. It presents an original standard for the regulation of software innovation, one intended to guide judicial decisions in contributory copyright liability, in interpretations of the Digital Millennium Copyright Act, and in every courtroom where a developer is on trial for the mere creation and distribution of software. The standard presented in this paper separates the questions of liability and remedy in order to produce an optimal dynamic balance of interests.

Youtube Or Youlose? Can Youtube Survive A Copyright Infringement Lawsuit, Jason C. Breen

ExpressO

YouTube, and similar video web hosting services, have already been targets of copyright infringement lawsuits. YouTube’s liability is most likely dependant on whether the service meets the requirements of the DMCA safe harbor for service providers under 17 U.S.C.A. § 512(c). This paper briefly examines how YouTube would fare under the different theories of copyright infringement and discusses whether the DMCA safe harbor would be available to YouTube if they were found liable as an infringer. The limited case law available indicates that the DMCA safe harbor will likely facilitate YouTube’s continued existence, unlike services like Grokster, although YouTube would …

Surfing Past The Pall Of Orthodoxy: Why The First Amendment Virtually Guarantees Online Law School Graduates Will Breach The Aba Accreditation Barrier, Nicholas C. Dranias

ExpressO

The impact of the constitutional dilemma created by the ABA’s aversion to Internet schooling is widespread. Currently, 18 states and 2 U.S. territories restrict bar exam eligibility to graduates of ABA-accredited law schools. Additionally, 29 states and 1 U.S. territory restrict admission to practice on motion to graduates of ABA-accredited law schools.

Although numerous lawsuits have been filed in ultimately failed efforts to strike down bar admission rules that restrict eligibility to graduates of ABA-accredited law schools, none has challenged the ABA-accreditation requirement based on the First Amendment’s prohibition on media discrimination. This Article makes that case.

Despite accelerating technological …

Cyber-Extortion: Duties And Liabilities Related To The Elephant In The Server Room, Adam J. Sulkowski

ExpressO

This is a comprehensive analysis of the legal frameworks related to cyber-extortion – the practice of demanding money in exchange for not carrying out threats to commit harm that would involve a victim's information systems. The author hopes it will catalyze an urgently needed discussion of relevant public policy concerns.

Cyber-extortion has, by all accounts, become a common, professionalized and profit-driven criminal pursuit targeting businesses. 17% of businesses in a recent survey indicated having received a cyber-extortion demand. An additional 13% of respondents were not sure if their business had received such a demand.

Awareness of the risks of cybercrime …

Vol. Ix, Tab 46 - Ex. 66 - Deposition Of Larry Page From American Blind And Wallpaper V. Google (Google Co-Founder), Larry Page

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?

Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have All The Answers, Edward C. Harris

All Faculty Scholarship

No abstract provided.

Some Peer-To-Peer, Democratically And Voluntarily Produced Thoughts About 'The Wealth Of Networks: How Social Production Transforms Markets And Freedom,' By Yochai Benkler, Ann Bartow

Law Faculty Scholarship

In this review essay, Bartow concludes that The Wealth of Networks: How Social Production Transforms Markets and Freedom by Yochai Benkler is a book well worth reading, but that Benkler still has a bit more work to do before his Grand Unifying Theory of Life, The Internet, and Everything is satisfactorily complete. It isn't enough to concede that the Internet won't benefit everyone. He needs to more thoroughly consider the ways in which the lives of poor people actually worsen when previously accessible information, goods and services are rendered less convenient or completely unattainable by their migration online. Additionally, the …

Ict And Employer-Employee Power Dynamics: A Comparative Perspective Of United States' And Netherlands' Workplace Privacy In Light Of Information And Computer Technology Monitoring And Positioning Of Employees, 25 J. Marshall J. Computer & Info. L. 37 (2007), Colette Cuijpers

UIC John Marshall Journal of Information Technology & Privacy Law

Employees can cause harm to their employers through Information and Computer Technology (ICT) in employment relationships; for example, through surfing for adult material on the Internet or leaking company secrets via a mobile phone. Employers have responded to this development by introducing various surveillance systems. Besides well-known forms of Internet and e-mail surveillance, positioning systems are becoming a new trend. The influence these systems have on the employment relationship can be far-reaching, as they offer the employer an insight into the employee’s whereabouts, outside the company premises as well as outside company hours. As a consequence, the boundaries between the …

From Taylorism To The Omnipticon: Expanding Employee Surveillance Beyond The Workplace, 25 J. Marshall J. Computer & Info. L. 1 (2007), Robert D. Sprague

UIC John Marshall Journal of Information Technology & Privacy Law

No abstract provided.