Computer Law Commons^™

Information Governance: A Model For Security In Medical Practice, Patricia A. Williams

Journal of Digital Forensics, Security and Law

Information governance is becoming an important aspect of organisational accountability. In consideration that information is an integral asset of most organisations, the protection of this asset will increasingly rely on organisational capabilities in security. In the medical arena this information is primarily sensitive patient-based information. Previous research has shown that application of security measures is a low priority for primary care medical practice and that awareness of the risks are seriously underestimated. Consequently, information security governance will be a key issue for medical practice in the future. Information security governance is a relatively new term and there is little existing …

Book Review: Conquest In Cyberspace: National Security And Information Warfare, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This is the 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]).

Information Technology Act 2000 In India - Authentication Of E-Documents, R. G. Pawar, B. S. Sawant, A. Kaiwade

Journal of Digital Forensics, Security and Law

The Information Technology Act 2000 has enacted in India on 9th June 2000. This Act has mentioned provision of authentication of electronic document. It is the need of hour at that time that such provision is needed in the Indian Law system, especially for electronic commerce and electronic governance. Electronic commerce”, which involve the use of alternatives to paper based methods of communication and storage information. To do electronic commerce there should be authentication of particular document. The working of internet is the documents are traveling in terms of bits from one destination to other destination, through various media like …

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

Journal of 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 …

Education Organization Baseline Control Protection And Trusted Level Security, Wasim A. Al-Hamdani

Journal of Digital Forensics, Security and Law

Many education organizations have adopted for security the enterprise best practices for implementation on their campuses, while others focus on ISO Standard (or/and) the National Institution of Standards and Technology.

All these adoptions are dependent on IT personal and their experiences or knowledge of the standard. On top of this is the size of the education organizations. The larger the population in an education organization, the more the problem of information and security become very clear. Thus, they have been obliged to comply with information security issues and adopt the national or international standard. The case is quite different when …

Network And Database Security: Regulatory Compliance, Network, And Database Security - A Unified Process And Goal, Errol A. Blake

Journal of Digital Forensics, Security and Law

Database security has evolved; data security professionals have developed numerous techniques and approaches to assure data confidentiality, integrity, and availability. This paper will show that the Traditional Database Security, which has focused primarily on creating user accounts and managing user privileges to database objects are not enough to protect data confidentiality, integrity, and availability. This paper is a compilation of different journals, articles and classroom discussions will focus on unifying the process of securing data or information whether it is in use, in storage or being transmitted. Promoting a change in Database Curriculum Development trends may also play a role …

Book Review: No Place To Hide, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the second 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]).

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

Journal of 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 …

Computer Crimes: A Case Study Of What Malaysia Can Learn From Others?, Janaletchumi Appudurai, Chitra L. Ramalingam

Journal of Digital Forensics, Security and Law

Rapid development of information technology (IT) has brought with it many new applications such as e-commerce and global business. The past few years have seen activities in the legislative arena covering issues such as digital signatures, the international recognition of electronic documents and privacy and data protection. Both the developed and developing countries have exhibited keenness to embrace the IT environment. Securing this electronic environment from intrusion, however, continues to be problematic. A particular favorite form of computer crime would be ‘hacking’. As more computer systems move on to on-line processing and improved telecommunications, computer hackers are now a real …

An International-Comparative Perspective On Peer-To-Peer File-Sharing And Third Party Liability In Copyright Law, Guy Pessach

Vanderbilt Journal of Transnational Law

In the last decade, the phenomenon of peer-to-peer file-sharing and its various legal aspects have been dealt with extensively by legal scholarship. The purpose of this Article is to take a closer inspection of several particular legal aspects that are related to peer-to-peer file-sharing as a comparative, social, economic, and cultural phenomenon. The Article begins by providing critical comparative analysis of distinct paradigms that different legal systems have offered regarding the question of third party liability for copyright infringements that occur through peer-to-peer file-sharing platforms. The Article then presents three focal policy considerations that should serve as copyright law's compass …

The 2006 Amendments To The Rules Of Civil Procedure: Accessible And Inaccessible Electronic Information Storage Devices, Why Parties Should Store Electronic Information In Accessible Formats, Benjamin D. Silbert

Richmond Journal of Law & Technology

Discovery jurisprudence is a cornerstone of civil litigation in the United States. The Federal Rules of Civil Procedure, as adopted in 1938, introduced a broad discovery process, which was not a previously accepted practice. The Federal Rules of Civil Procedure have been revised several times since 1938, reflecting the evolution of society. However, prior to 2006, 1970 was the last time the discovery rules were amended to take into account changes in information technology. In the last thirty-seven years, technological advances in electronic storage and communication have changed the way people live and how business is conducted, beyond what could …

Should Scientific Research In The Lead-Up To Invention Vitiate Obviousness Under The Patented Medicines (Notice Of Compliance) Regulations: To Test Or Not To Test?, Ron A. Bouchard

Canadian Journal of Law and Technology

This article is an analysis of case law pertaining to whether scientific research in the lead-up to invention should vitiate a finding of obviousness in pharmaceutical litigation under the Patented Medicines (Notice of Compliance) Regulations (the ‘‘NOC Regulations’’). The NOC Regulations belong to a class of legal instruments referred to as ‘‘linkage regulations’’ that tie patent protection for marketed pharmaceuticals to the Canadian drug approval process. Therefore, the NOC Regulations control entry of generic drugs into the market and access by the public to affordable medication. The issue of testing arises out of the complex and inverse relationship between inventiveness …

Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Stephen Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa

Canadian Journal of Law and Technology

The reach of national law is often greater than its grasp. Although Canada has effective legal power over its territory and all within it, Canadian interests are no longer confined exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian legal authority may run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territories and domestic affairs. Likewise, other states, under the same pressures of globalization, may try to extend their legal reach into Canadian territory, where …

Privacy, Crime And Terror: Legal Rights And Security In A Time Of Peril By Stanley A. Cohen (Markham: Lexisnexis Butterworths, 2005), Teresa Scassa

Canadian Journal of Law and Technology

It is now trite to say that the events of September 11, 2001 have had a profound impact on our national security, in terms of its institutional and normative dimensions, and also in terms of a more general public anxiety. The hastily enacted Anti-terrorism Act of 2001 brought about significant changes to a wide range of statutes including, among others, the Criminal Code, the Official Secrets Act, the Canada Evidence Act, and the Proceeds of Crime (Money Laundering) Act. An early conference and resultant book on the Anti-terrorism Act raised serious concerns about the potential impact of the changes on …

A Marriage Of Convenience? A Comment On The Protection Of Databases, Jane C. Ginsburg

Faculty Scholarship

Daniel Gervais concluded his analysis of the protection of databases with three options for the future. I would like to examine a fourth. Let us assume no future flurry of national or supranational legislative activity because the content of databases is in fact already being protected. Not through copyright or sui generis rights, but through other means. Databases are an object of economic value, and they will conveniently wed whatever legal theory or theories will achieve the practical objective of preventing unauthorized exploitation of the works' contents. To beat the marriage metaphor into the ground, I'd like to suggest that, …

Software Patents, Incumbents, And Entry, John R. Allison, Abe Dunn, Ronald J. Mann

Faculty Scholarship

Software patents have been controversial since the days when "software" referred to the crude programs that came free with an IBM mainframe. Different perspectives have been presented in judicial, legislative, and administrative fora over the years, and the press has paid as much attention to this issue as it has to any other intellectual property topic during this time. Meanwhile, a software industry developed and has grown to a remarkable size, whether measured by revenues or profitability, number of firms or employees, or research expenditures. The scope of software innovation has become even broader, as an increasing number of devices …

The Disputed Quality Of Software Patents, John R. Allison, Ronald J. Mann

Faculty Scholarship

We analyze the characteristics of the patents held by firms in the software industry. Unlike prior researchers, we rely on the examination of individual patents to determine which patents involve software inventions. This method of identifying the relevant patents is more laborious than the methods that previous scholars have used, but it produces a data set from which we can learn more about the role of patents in the software industry. In general, we find that patents the computer technology firms obtain on software inventions have more prior art references, claims, and forward citations than the patents that the same …

Notification Of Data Security Breaches, Paul M. Schwartz, Edward J. Janger

Michigan Law Review

The law increasingly requires private companies to disclose information for the benefit of consumers. The latest examples of such regulation are state and federal laws that require companies to notify individuals of data security incidents involving their personal information. These laws, proposed in the wake of highly publicized data spills, seek to punish the breached entity and to protect consumers by requiring the entity to notify its customers about the security breach. There are competing approaches, however to how the law is to mandate release of information about data leaks. This Article finds that the current statutes' focus on reputational …

Identifying Non-Volatile Data Storage Areas: Unique Notebook Identification Information As Digital Evidence, Nikica Budimir, Jill Slay

Journal of Digital Forensics, Security and Law

The research reported in this paper introduces new techniques to aid in the identification of recovered notebook computers so they may be returned to the rightful owner. We identify non-volatile data storage areas as a means of facilitating the safe storing of computer identification information. A forensic proof of concept tool has been designed to test the feasibility of several storage locations identified within this work to hold the data needed to uniquely identify a computer. The tool was used to perform the creation and extraction of created information in order to allow the analysis of the non-volatile storage locations …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Making Molehills Out Of Mountains: Bringing Security Research To The Classroom, Richard G. Taylor

Journal of Digital Forensics, Security and Law

Security research published in academic journals rarely finds its way to the business community or into the classroom. Even though the research is of high quality, it is written in a manner that is difficult to read and to understand. This paper argues that one way to get this academic research into the business community is to incorporate it into security classrooms. To do so, however, academic articles need to be adapted into a classroom-friendly format. This paper suggests ways to do this and provides an example of an academic article that was adapted for use in a security management …

The Common Body Of Knowledge: A Framework To Promote Relevant Information Security Research, Kenneth J. Knapp, F. N. Ford, Thomas E. Marshall, R. K. Rainer

Journal of Digital Forensics, Security and Law

This study proposes using an established common body of knowledge (CBK) as one means of organizing information security literature. Consistent with calls for more relevant information systems (IS) research, this industrydeveloped framework can motivate future research towards topics that are important to the security practitioner. In this review, forty-eight articles from ten IS journals from 1995 to 2004 are selected and cross-referenced to the ten domains of the information security CBK. Further, we distinguish articles as empirical research, frameworks, or tutorials. Generally, this study identified a need for additional empirical research in every CBK domain including topics related to legal …

Book Review: Computer Forensics: Principles And Practices, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the third 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]).

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.

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

Journal of 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 …

The Design And Implementation Of An Automated Security Compliance Toolkit: A Pedagogical Exercise, Guillermo Francia, Brian Estes, Rahjima Francia, Vu Nguyen, Alex Scroggins

Journal of Digital Forensics, Security and Law

The demand, through government regulations, for the preservation of the security, integrity, and privacy of corporate and customer information is increasing at an unprecedented pace. Government and private entities struggle to comply with these regulations through various means—both automated and manual controls. This paper presents an automated security compliance toolkit that is designed and developed using mostly open source tools to demonstrate that 1) meeting regulatory compliance does not need to be a very expensive proposition and 2) an undertaking of this magnitude could be served as a pedagogical exercise for students in the areas of collaboration, project management, software …

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

Journal of 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 …

Civil Fraud Liability And Iraq Reconstruction: A Return To The False Claims Act's War-Profiteering Roots?, Jessica C. Morris

Georgia Law Review

During its short existence, the Coalition Provisional Authority (CPA), the U.S.-led occupation regime that governed Iraq from May 2003 to June 2004, entered into security and reconstruction contracts amounting to billions of dollars. Fraud pervaded the chaotic contracting environment of CPA-era Iraq. The False Claims Act (FCA), enacted by Congress during the Civil War to protect the Union from profiteering suppliers, remains the U.S. government's most effective tool in combating fraud. Whistleblower or qui tam provisions within the FCA function to assist the under-staffed contractingcorps ferret out fraud. This Note will argue that the FCA should apply to all CPA …