Computer Law Commons^™

On Resolving The Cloud Forensics Conundrum, John Bagby

Annual ADFSL Conference on Digital Forensics, Security and Law

The “cloud” is idiom for an ill-defined set of online services. The cloud simultaneously offers IT savings and promises advances in functionality (e.g., ubiquity). However, the cloud also imposes poorly understood burdens on security and it may provoke injustice. Thus, the cloud presents a durable and seemingly irreconcilable conundrum for the digital forensics communit(ies). First, cloud proponents make efficiency promises for cloud services (SaaS, IaaS, PaaS). These translate well into the digital forensics domain. Indeed, the cloud may enable crowd sourcing of investigatory data vastly lowering costs of dispute resolution. For example, cloud-based litigation war rooms may reduce electronic discovery …

Cybercrime And Punishment: An Analysis Of The Deontological And Utilitarian Functions Of Punishment In The Information Age, Karim Jetha

Annual ADFSL Conference on Digital Forensics, Security and Law

This conceptual piece analyzes the role of criminal punishment and the nature of cyber crime to investigate whether the current punishment schemes are appropriate given the deontological and utilitarian goals of punishment: retribution, deterrence, incapacitation, and rehabilitation. The research has implications for policymaking in cybercriminal law.

Keywords: cybercrime, criminal law, punishment, retribution, deterrence, information economics

The Development Of Computer Forensic Legal System In China, Yonghao Mai, K. P. Chow, Rongsheng Xu, Gang Zhou, Fei Xu, Jun Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

The computer forensic discipline was established around 2000 in China, which was further developed along with Chinese judicial appraisal system in 2005. The new criminal and civil procedure laws of the People’s Republic of China was enacted on 1 Jan 2013. The new laws specified electronic data is legal evidence and has great impact on the current practice on handling electronic evidence. This paper introduces the electronic data and electronic evidence examination procedure in mainland China, the general concept of computer forensic legal system, the management of computer judicial experts, the management of computer judicial expertise institutions.

Keywords: China legal …

Regulatory Issues Concerning New Media Alternatives To Television, Michael Rimock

Canadian Journal of Law and Technology

This article will begin by discussing the significance of over-the-top (OTT) video services in Canada and briefly outline the CRTC’s recent efforts and findings in relation to new media trends. It will then describe the problems with the current regulatory framework and some of the proposed solutions. While some have argued that regulating OTT services like Netflix would level the playing field, I will argue that encouraging competition and decreasing some of the onerous regulations that are currently imposed on Canadian broadcasters would be the best solution since it would benefit both consumers and Canadian corporations.

Patent-Backed Securization For Innovation And Economic Growth In The Life Sciences: A Proposal For Incremental Securities Law Reform, Grace Sweeney

Canadian Journal of Law and Technology

In this section, the historical balance struck by securities law between conservatism and innovation was considered in the context of a shifting economic landscape.

In Section II, the life sciences sector will be chosen to illustrate the current barriers impeding capital flow to high-value enterprise, resulting in decreased innovation and economic growth. These include the existence of “ever greening”, non-practicing entities, patent thickets, and onerous transaction costs on upstream patent holders with limited competency.

In Section III, the tool of intangible asset finance will be introduced as a means of harnessing the value of intellectual property assets, and leveraging them …

Proof And Progress: Coping With The Law Of Evidence In A Technological Age, David M. Paciocco

Canadian Journal of Law and Technology

This article outlines those rules of evidence that are most likely to be called upon to fit new technologies. It identifies some of the challenges that are presented, and identifies modest techniques or suggestions for coping. Those suggestions include taking the kind of relaxed view as to when expert evidence is being offered illustrated by the Ontario Court of Appeal in R. v. Hamilton; taking a functional approach to judicial notice; ensuring that authentication and the “best evidence” rule for electronic records are not applied in a highly technical fashion; understanding the law of hearsay and remaining familiar with …

Social Media: The Law Simply Stated, Steve Coughlan, Robert J. Currie

Canadian Journal of Law and Technology

It is a challenge to simply state the law about social media, because there is no such thing as “social media law.” Rather, the law bumps up against social media in many ways. In some cases, existing law can be seamlessly applied to new technologies and means of interaction. In other cases, entirely new paradigms will likely need to be adopted to handle new challenges. Many other cases will fall somewhere in between.

Our goal in this Law Simply Stated is to provide some background on the nature of social media themselves, and then to state the basic law in …

Implementing Technology In The Justice Sector: A Canadian Perspective, Jane Bailey, Jacquelyn Burkell

Canadian Journal of Law and Technology

Despite the many technological advances that could benefit the court system, the use of computers and network technology to facilitate court procedures is still in its infancy, and court procedures largely remain attached to paper documents and to the physical presence of the parties at all stages. More and more research is focusing on the use of technology to make the legal system more efficient and to reduce excessive legal costs and delays. The goal of this exploratory research project is to examine the experience of justice sector technology implementation from the perspective of individuals involved first-hand in the implementation …

Concerted Activity And Social Media: Why Facebook Is Nothing Like The Proverbial Water Cooler, Natalie J. Ferrall

Pepperdine Law Review

Social media is an increasingly powerful platform for expression. In late 2009, the National Labor Relations Board began to address the extent to which unionized employees could make disparaging comments about their employers on social media websites. To date, the Board has persisted in treating Internet communications the same as traditional, face-to-face interactions between employees. Additionally, the Board continues to apply dated precedent to current social media cases. This Comment argues that the Board's present approach is inadequate to address the distinct qualities of social media and sets forth recommendations for alternate ways to evaluate employee speech.

When The Classroom Is Not In The Schoolhouse: Applying Tinker To Student Speech At Online Schools, Brett T. Macintyre

Seattle University Law Review

Despite the overwhelming increase in students’ Internet use and the growing popularity of online public schools, the United States Supreme Court has never addressed how, or if, schools can discipline students for disruptive online speech without violating the students’ First Amendment rights. What the Supreme Court has addressed is how school administrators can constitutionally discipline students within traditional schools. In a landmark decision, Tinker v. Des Moines Independent Community School District, the Supreme Court announced the now famous principle that students do not “shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Still, the Court …

When Copyright Can Kill: How 3d Printers Are Breaking The Barriers Between “Intellectual” Property And The Physical World, Matt Simon

Pace Intellectual Property, Sports & Entertainment Law Forum

This article examines copyright’s applicability to 3D printing technology, by analyzing the facts surrounding the (formerly) proposed development of a fully 3D printable firearm. Critical to this analysis however, is an understanding of how copyright has traditionally protected intellectual property, and why 3D printers do not fit into this conventional framework. As 3D printing is advancing at an extraordinarily rapid rate, any discussion of this topic would be incomplete without reference to the “moving target” that is 3D printing technology. In the short time between when this article was initially submitted for evaluation to the PIPSELF Law Forum in December …

In The Middle: Creating A Middle Road Between U.S. And Eu Data Protection Policies, Carolyn Hoang

Journal of the National Association of Administrative Law Judiciary

The first section of this paper examines the historical differences that have led to the American approach to privacy and the European approach to privacy. The second section will examine the current U.S. model, and the third section will examine the EU model. Next, the fourth section will compare and contrast the two models. Finally, the last section will argue that the U.S. should have a regulatory agency and describe how that should look and run.

The Granting Clause And Intellectual Property Rights Management In Open-Source Software Licensing, Vikrant N. Vasudeva

IP Theory

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.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Broadband And Economic Development, University Of Washington Technology Law And Public Policy Clinic

Technology Law and Public Policy Clinic

Technology is essential for economic growth and job creation. Ensuring Washington has 21st century digital infrastructure, such as high-speed broadband Internet access, fourth-generation (4G) wireless networks, new healthcare information technology and a modernized electrical grid, is critical to the long-term prosperity and competitiveness of our state. The Internet is a global platform for communication, commerce and individual expression, and now promises to support breakthroughs in important national priorities such as healthcare, education and energy. Additionally, the Internet and information technology can be applied to make government more effective, transparent and accessible to all Americans.

For Washington, improvement of broadband access …

Net Neutrality: Preparing For The Future, Jennifer Wong

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Corresponding Evolution: International Law And The Emergence Of Cyber Warfare, Bradley Raboin

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Protection Of Intellectual Property Rights In Computers And Computer Programs: Recent Developments , Alan C. Rose

Pepperdine Law Review

The following article examines the protection offered to computers and computer programs, under the various applicable patent, copyright and trade secret laws. Concerning patent protection; the author discusses the history and current status of the patent laws, and analyzes in detail the landmark case of Diamond v. Diehr. Discussed also is an analysis of copyright protection for computer programs, offered by the 1980 amendments to section 117 of the 1976 Copyright Act; which paved the way for the increased protection.

The Discovery And Use Of Computerized Information: An Examination Of Current Approaches, Richard M. Long

Pepperdine Law Review

In recent years, the legal profession has run head on into the increasing use of computers and computerized information. Discovery and evidentiary rules developed to deal with written documentation may not be flexible enough to adequately cover this relatively new method of storing information. This comment examines various methods by which courts have attempted to deal with discovery and evidentiary problems involving computerized information, and suggests certain areas that should be explored in supporting or attacking the credibility of such information.

Beyond Notice And Choice: Privacy, Norms, And Consent, Richard Warner, Robert Sloan

All Faculty Scholarship

Informational privacy is the ability to determine for yourself when and how others may collect and use your information. Adequate informational privacy requires a sufficiently broad ability to give or withhold free and informed consent to proposed uses.

Notice and Choice (sometimes also called “notice and consent”) is the current paradigm for consent online. The Notice is a presentation of terms, typically in a privacy policy or terms of use agreement. The Choice is an action signifying acceptance of the terms, typically clicking on an “I agree” button, or simply using the website. Recent reports by the Federal Trade Commission …

The Looming Threat Of Cyberterrorism

Maryland Carey Law

Technology has the ability to make gray what was once the black letter of the law.

Digital Democracy: Anderson V. Bell & The Expansion Of Electronic Signatures In Election Law, Barry G. Statford

Utah OnLaw: The Utah Law Review Online Supplement

Electronic signatures have become increasingly accepted in the law, but even so, validation and legitimacy come slowly. Congress and the various states have taken substantial steps to create uniform standards for electronic records and signatures through the passage of legislation like E-SIGN and UETA.

But as the Utah Supreme Court observed, there are other valid “transactions” in the law where these statutes should apply. In Anderson v. Bell, it applied to an independent candidate’s ballot qualification. The Utah Legislature disagreed, however, and amended the Utah Election Code to exclude electronic signatures.

This Note advocates expanding the reach of an electronic …

Cyberbullying In Schools: Chapter 157 Updates The Law On Suspension For Online Conduct, Sydney Smith

McGeorge Law Review

No abstract provided.

The Internet, Anonymous, And Our Public Identities Recreating Democracy, Leslie Anne Hutchinson

Theses Digitization Project

This study discusses the pursuit of understanding how the discursive construction of the internet affects individuals, identities, and democracy. it also discusses the internet within theoretical positions on its history, the public sphere, and revolutionary politics. Western governments have created legislation regulating the internet for democratic purposes, and this study examines how different and often contrasting views of democracy have shaped the way those of us connected to the internet can speak about it. The Anonymous identity, articulates one such contrast. Anonymous constructs an alternative, Internet identity-one stemming from the identity of the hacker. Policies targeted at stopping hackers and …

Navigating Through The Fog Of Cloud Computing Contracts, 30 J. Marshall J. Info. Tech. & Privacy L.13 (2013), T. Noble Foster

UIC John Marshall Journal of Information Technology & Privacy Law

This paper explores legal issues associated with cloud computing, provides analysis and commentary on typical clauses found in contracts offered by well-known cloud service providers, and identifies strategies to mitigate the risk of exposure to cloud-based legal claims in the critical areas of data security, privacy, and confidentiality. While current research offers numerous case studies, viewpoints, and technical descriptions of cloud processes, our research provides a close examination of the language used in cloud contract terms. Analysis of these contract terms supports the finding that most standard cloud computing contracts are unevenly balanced in favor of the cloud service provider. …

Friend Request Denied: Chapter 619 Prohibits Colleges From Requesting Access To Social Media Accounts, Katherine Pankow

McGeorge Law Review

No abstract provided.

Review: Trust – The Increasing Dangers For Children In A Digital World, Ashley Huntington

Children's Legal Rights Journal

No abstract provided.

Spotlight On: How The Internet Facilitates Underage Victimization In Human Trafficking, Victoria Vanderschaaf

Children's Legal Rights Journal

No abstract provided.