Computer Law Commons^™

Data Collection And Leakage, Philip Howard, Kris Erickson

Chicago-Kent Law Review

Every year millions of digital records containing personally identifiable information are exposed. When are malicious hackers to blame, and when is it organizational malfeasance? Which kinds of organizations—private firms, government agencies, or educational institutions—lose the most data? With over 1.9 billion records lost (on average that's 9 records per U.S. adult), a surprising number of breaches can be attributed to organizational practices.

Information Security, Contract And Liability, Jennifer Chandler

Chicago-Kent Law Review

Various common provisions in software end user license agreements undermine cyber security. These include anti-benchmarking provisions and broad exclusions of liability. These short comments suggest that courts and legislatures should take steps to limit the enforceability of contractual provisions that undermine cyber security.

The Price Of Abuse: Intel And The European Commission Decision, Robert H. Lande

All Faculty Scholarship

The May 13, 2009 decision by the European Commission ('EC') holding that Intel violated Article 82 of the Treaty of Rome and should be fined a record amount and prohibited from engaging in certain conduct, set off a predictable four part chorus of denunciations:

1. Intel did nothing wrong and was just competing hard;
2. Intel's discounts were good for consumers;;
3. The entire matter is just another example of Europeans protecting their own against a more efficient U.S. company; and;
4. Even if Intel did engage in anticompetitive activity, the fine was much too large. These assertions will be addressed in turn.;

Methodology For Investigating Individuals Online Social Networking Persona, Jonathan T. Rajewski

Annual ADFSL Conference on Digital Forensics, Security and Law

When investigators from either the private or public sector review digital data surrounding a case for evidentiary value, they typically conduct a systematic categorization process to identify the relevant digital devices. Armed with the proper methodology to accomplish this task, investigators can quickly recognize the appropriate digital devices for forensic processing and review. This paper purposes a methodology for investigating an individual’s online social networking persona.

Keywords: Social Networking, Web 2.0, Internet Investigations, Online Social Networking Community

Cybercrime And The 2012 London Olympics, Denis Edgar-Nevill

Annual ADFSL Conference on Digital Forensics, Security and Law

The London 2012 Olympics is just three years away and the clock is ticking to put in place plans get it right. The potential for cybercrime to cause harm during this event is very great; harm to national reputation, harm to the reputation to the Olympic movement, and harm to individuals competing, watching or officiating. This paper considers the need to address these risks by taking a look at what has happened in the past at sporting events and the rising wave of electronic security threats and fraud facilitated by computers at recent Olympics. The problems for law enforcement are …

Bluetooth Hacking: A Case Study, Dennis Browning, Gary C. Kessler

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes a student project examining mechanisms with which to attack Bluetooth-enabled devices. The paper briefly describes the protocol architecture of Bluetooth and the Java interface that programmers can use to connect to Bluetooth communication services. Several types of attacks are described, along with a detailed example of two attack tools, Bloover II and BT Info.

Keywords: Bluetooth hacking, mobile phone hacking, wireless hacking

Concerning File Slack, Stephen P. Larson

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we discuss the phenomena known as file slack. File slack is created each time a file is created on a hard disk, and can contain private or confidential data. Unfortunately, the methods used by Microsoft Windows operating systems to organize and save files require file slack, and users have no control over what data is saved in file slack. This document will help create awareness about the security issue of file slack and discuss research results concerning file slack.

Keywords : Computer Forensics, File Slack, Ram Slack, Disk Slack

Don’T Touch That! And Other E-Discovery Issues, Linda Volonino

Annual ADFSL Conference on Digital Forensics, Security and Law

The ability to preserve and access electronically stored information (ESI) took on greater urgency when amendments to the Federal Rules of Civil Procedure went into effect in December 2006. These amendments, referred to as the electronic discovery (e-discovery) amendments, focus on the discovery phase of civil litigation, audits, or investigations. Discovery is the investigative phase of a legal case when opponents learn what evidence is available and how accessible it is. When ESI is the subject of discovery, it is called e-discovery. Recognizing that most business and personal records and communications are electronic, Judge Shira A. Scheindlin stated, "We used …

Why Are We Not Getting Better At Data Disposal?, Andy Jones

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes two sets of research, the first of which has been carried out over a period of four years into the levels and types of information that can be found on computer hard disks that are offered for sale on the second hand market. The second research project examined a number of second-hand hand held devices including PDAs, mobile (cell) phones and RIM Blackberry devices. The primary purpose of this research was to gain an understanding of the reasons for the failure to effectively remove potentially sensitive information from the disks and handheld devices. Other objectives included determining …

The Computer Fraud And Abuse Act And The Law Of Unintended Consequences, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the most unanticipated results of the Computer Fraud and Abuse Act arose from the law of unintended consequences. The CFAA was originally enacted in 1984 to protect federal government computers from intrusions and damage caused by hackers, identity thieves, and other cyber criminals. The law was later amended to extend the scope of its application to financial institutions’, business’s and consumers’ computers. To aid in the pursuit of cyber criminals, one of the subsequent revisions to the law included provision “G” that gave the right to private parties to seek compensation for damages in a civil action for …

Correlating Orphaned Windows Registry Data Structures, Damir Kahvedžić, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

Recently, it has been shown that deleted entries of the Microsoft Windows registry (keys) may still reside in the system files once the entries have been deleted from the active database. Investigating the complete keys in context may be extremely important from both a Forensic Investigation point of view and a legal point of view where a lack of context can bring doubt to an argument. In this paper we formalise the registry behaviour and show how a retrieved value may not maintain a relation to the part of the registry it belonged to and hence lose that context. We …

Analysis Of The ‘Db’ Windows Registry Data Structure, Damir Kahvedžić, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

The Windows Registry stores a wide variety of data representing a host of different user properties, settings and program information. The data structures used by the registry are designed to be adaptable to store these differences in a simple format. In this paper we will highlight the existence of a rare data structure that is used to store a large amount of data within the registry hives. We analyse the manner in which this data structure stores its data and the implications that it may have on evidence retrieval and digital investigation. In particular, we reveal that the three of …

Graduate Accounting Students' Perception Of It Forensics: A Multi-Dimensional Analysis, Grover S. Kearns

Annual ADFSL Conference on Digital Forensics, Security and Law

Forensics and information technology (IT) have become increasingly important to accountants and auditors. Undergraduate accounting students are introduced to general IT topics but discussion of forensic knowledge is limited. A few schools have introduced an undergraduate major in forensic accounting. Some graduate schools offer accounting students an emphasis in forensic or fraud accounting that includes instruction in forensics and information technology. When students do not view the IT topics as being equally important to their careers as traditional accounting topics, these attitudes may reduce the quality of the course. In an effort to assess student attitudes, a survey of 46 …

Visualization Of Honeypot Data Using Graphviz And Afterglow, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress paper explores the use of Graphviz and Afterglow for the analysis of data emanating from a honeypot system. Honeypot systems gather a wide range of data that is often difficult to readily search for patterns and trends using conventional log file analysis techniques. The data from the honeypots has been statically extracted and processed through Afterglow scripts to produce inputs suitable for use by the DOT graph based tools contained within Graphviz. This paper explores some of the benefits and drawbacks of currently using this type of approach.

Keywords: honeypot, network forensics, visualization, Graphviz, Afterglow

Vol. Vi, Tab 38 - Ex. 25 - Email From Christopher Klipple, Christopher Klipple

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. 17 - Email From Baris Gultekin (Google Product Manager Director), Baris Gultekin

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?

The Google Book Search Settlement: Ends, Means, And The Future Of Books, James Grimmelmann

Faculty Scholarship

For the past four years, Google has been systematically making digital copies of books in the collections of many major university libraries. It made the digital copies searchable through its web site--you couldn't read the books, but you could at least find out where the phrase you're looking for appears within them. This outraged copyright owners, who filed a class action lawsuit to make Google stop. Then, last fall, the parties to this large class action announced an even larger settlement: one that would give Google a license not only to scan books, but also to sell them.

The settlement …

Evaluating Columbia Pictures Industries V. Bunnell And The Role Of Ram Under The Federal Rules Of Civil Procedure On E-Discovery, Loren M. Hall

Washington Journal of Law, Technology & Arts

In 2007, the District Court for the Central District of California required the preservation of data stored in random access memory (RAM), which sparked significant commentary about the rapidly expanding realm of electronically-stored discoverable information. This Article addresses the impact of Columbia Pictures Industries v. Bunnell in the context of the duty to preserve and produce documents, and the scope of information that can be subject to e-discovery obligations. This Article also describes how the 2006 amendments to the Federal Rules of Civil Procedure provide a necessary limitation—reasonableness—on the costly and unrealistic preservation, and subsequent production, of electronic information. Furthermore, …

Vol. Viii, Tab 39 - Ex. 4 - Naso News, 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?

Will Quants Rule The (Legal) World?, Edward K. Cheng

Michigan Law Review

The quants are coming! And they are here to stay-so argues Professor Ian Ayres' in his new book, Super Crunchers, which details the brave new world of statistical prediction and how it has already begun to affect our lives. For years, academic researchers have known about the considerable and at times surprising advantages of statistical models over the considered judgments of experienced clinicians and experts. Today, these models are emerging all over the landscape. Whether the field is wine, baseball, medicine, or consumer relations, they are vying against traditional experts for control over how we make decisions. To be …

Vol. Ix, Tab 43 - Google Memorandum In Support Of Its Motion To Exclude Expert Report And Opinion Of Dr. Kent Van Liere, 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?

The Rite Of Rhetoric: Cognitive Framing In Technology Law, Chris Riley

Nevada Law Journal

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.

Vol. Ix, Tab 46 - Ex. 28 - Email From Christopher Klipple (Rosetta Stone Marketing Manager), Christopher Klipple

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. 26 - Email From Jason Calhoun, Jason Calhoun

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?

Where Vernor V. Autodesk Fits Into First Sale Decisions, Thomas A. Hackett

Washington Journal of Law, Technology & Arts

Many courts have found that software is licensed rather than sold. As a result, software often falls outside the first sale doctrine; however, Vernor v. Autodesk found with the minority of courts that software is sold rather than licensed, and granted owners of the purchased software first sale rights. This Article examines four pertinent concerns that flow from Vernor v. Autodesk, including: (1) the status of federal copyright law in the context of the first sale doctrine; (2) the judicial split among courts applying the doctrine; (3) where Vernor v. Autodesk fits into this split; and (4) the future …

Agency, Code, Or Contract: Determining Employees' Authorization Under The Computer Fraud And Abuse Act, Katherine Mesenbring Field

Michigan Law Review

The federal Computer Fraud and Abuse Act ("CFAA ") provides for civil remedies against individuals who have accessed a protected computer without authorization or in excess of their authorization. With increasing numbers of employees using computers at work, employers have turned to the CFAA in situations where disloyal employees have pilfered company information from the employer's computer system. The vague language of the CFAA, however, has led courts to develop three different interpretations of "authorization" in these CFAA employment cases, with the result that factually similar cases in different courts can generate opposite outcomes in terms of employee liability under …

Rethinking Consideration In The Electronic Age, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Working Papers

Our fast-paced age of electronic agreements that ostensibly govern transactions as diverse as downloading software, ordering goods, and engaging in collaborative development projects raises questions regarding the suitability of contract law as the appropriate legal framework. While this question arises in many settings, we focus here on the free and open source software (FOSS) movement because of the maturity and success of its model and the ubiquity of its software. We explore in particular whether open source licenses are supported by consideration, and argue that they are, and that open source licenses are contracts. We further argue that a contractual …