Computer Law Commons^™

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

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Journal of Digital Forensics, Security and Law

No abstract provided.

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Journal of Digital Forensics, Security and Law

No abstract provided.

Toward A Patent Exhaustion Regime For Sustainable Development, 32 Berkeley J. Int'l Law. 330 (2014), Benjamin Liu

UIC Law Open Access Faculty Scholarship

This Article argues that the current exhaustion doctrine, when applied to the refurbishing industry, fails to balance its mandate of promoting technological progress with the broader program of sustainable development and is therefore unsuitable for countries on the modernization path. First, what constitutes an infringing “making” remains underdetermined. Second, the evidentiary hurdle for proving legal refurbishment is too onerous for the low margin and under-resourced refurbishing industry. Finally, the all-or-nothing approach to judging infringement fails to account for the nuanced cost-benefit nexus that exists between patentees, refurbishers, and society at large and discourages private ordering. To recalibrate the balance between …

Conceptualizing Copyright Enforcement And Management In The Digital Age Through Two Models: The Right-Holder-Centric Model And Cooperative Model, Yang Sun

Maurer Theses and Dissertations

This dissertation focuses on the issues of copyright enforcement and management. Especially, the research looks into how the digital technology reshapes the general perceptions and landscape of the copyright system in terms of online enforcement and management. Stepping into the digital age, the interaction between copyright holders and other parties, including online users and the ISPs, establishes two coexisting models—the right-holder-centric model and the cooperative model. Therefore, the dissertation analyzes which model is more appropriate and efficient with respect to online copyright enforcement and management.

As a matter of fact, the coexistences of two models provides copyright holders and other …

E-Books, Collusion, And Antitrust Policy: Protecting A Dominant Firm At The Cost Of Innovation, Nicholas Timchalk

Seattle University Law Review

Amazon’s main rival, Apple, went to great lengths and took major risks to enter the e-book market. Why did Apple simply choose not to compete on the merits of its product and brand equity (the iPad and iBookstore) as it does with its other products? Why did Apple decide not to continue to rely on its earlier success of situating its products differently in the market than other electronics and working hard to be different and cutting-edge with its e-book delivery? This Note argues that the combination of Amazon’s 90% market share, network externalities, and an innovative technology market creates …

Self, Privacy, And Power: Is It All Over?, Richard Warner, Robert H. Sloan

All Faculty Scholarship

The realization of a multifaceted self is an ideal one strives to realize. One realizes such a self in large part through interaction with others in various social roles. Such realization requires a significant degree of informational privacy. Informational privacy is the ability to determine for yourself when others may collect and how they may use your information. The realization of multifaceted selves requires informational privacy in public. There is no contradiction here: informational privacy is a matter of control, and you can have such control in public. Current information processing practices greatly reduce privacy in public thereby threatening the …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

International Cyberspace: From Borderless To Balkanized???, Beverley Earle, Gerald A. Madek

Georgia Journal of International & Comparative Law

No abstract provided.

Digital Music Sampling And Copyright Policy - A Bittersweet Symphony? Assessing The Continued Legality Of Music Sampling In The United Kingdom, The Netherlands, And The United States, Melissa Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

Voice Over Internet Protocol: An International Approach To Regulation, Jimar Sanders

Georgia Journal of International & Comparative Law

No abstract provided.

Global Cyber Intermediary Liability: A Legal & Cultural Strategy, Jason H. Peterson, Lydia Segal, Anthony Eonas

Pace Law Review

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some …

Email, Metadata, And Clouds, Oh My! Recent Changes To The Model Rules Of Professional Conduct, Joyce Manna Janto

Law Faculty Publications

A discussion of how the 2012 revisions to the Model Rules of Professional Conduct affect the attorney's duties in handling email: encryption, storage, metadata, and confidentiality.

The Lab's First Year, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington is off to an energetic start, thanks to a transformative founding gift from Microsoft and the efforts of our staff, students, and colleagues. We have hosted important policy conversations, carefully put into place the methods of procedure for true interdisciplinary research, and completed or initiated a variety of important projects around emerging technology policy.

Systematic Ict Surveillance By Employers: Are Your Personal Activities Private?, Arlene J. Nicholas

Faculty and Staff - Articles & Papers

This paper reviews the various methods of information and communications technology (ICT) that is used by employers to peer into the work lives and, in some cases, private lives of employees. Some of the most common methods – such as computer and Internet monitoring, video surveillance, and global positioning systems (GPS) – have resulted in employee disciplines that have been challenged in courts. This paper provides background information on United States (U.S.) laws and court cases which, in this age of easily accessible information, mostly support the employer. Assessments regarding regulations and policies, which will need to be continually updated …

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.

From The Editor-In-Chief, Ibrahim A. Baggili

Journal of Digital Forensics, Security and Law

We are proud to share with you this special edition issue of the JDFSL. This year, JDFSL partnered with both the 6th International Conference on Digital Forensics and Cyber Crime (ICDF2C) and Systematic Approaches to Digital Forensic Engineering (SADFE)–two prominent conferences in our field that were co-hosted. Fifty-three papers were submitted, and the Technical Program Committee accepted only 17 after a rigorous review process.

Software Patentability After Prometheus, Joseph Holland King

Georgia State University Law Review

This Note examines the history of patentability of abstract ideas and the tests that courts have used to make the determination of whether an invention incorporating an abstract idea is patentable. Part I provides a history of the four seminal cases related to patentable subject matter, as well as some more recent on point decisions. Part II changes focus to the various tests and factors that have been used by the courts, exploring the history of each, discussing the treatment by the Supreme Court, and determining the strengths and weaknesses of each. Based on the discussion in Part II, Part …

Access Of Evil? Legislating Online Youth Privacy In The Information Age, Agathon Fric

Canadian Journal of Law and Technology

This article seeks to address what constitutes youth online privacy, how youth conceive of their privacy, whether their privacy needs protecting, and, if so, how youth privacy should be regulated online. First, the article begins by rooting the issue of online youth privacy in the current social, technological, economic, political, and legal context, drawing on social science research to demonstrate both the threats and opportunities created by technology for youth privacy.

Second, the analysis focuses on the relative strengths and weaknesses of current federal legislation as the primary law governing the collection, use, and disclosure of youth’s personal information through …

Combining Familial Searching And Abandoned Dna: Potential Privacy Outcomes And The Future Of Canada's National Dna Data Bank, Amy Conroy

Canadian Journal of Law and Technology

This article aims to respond to the government’s request by explaining the nature of that relationship and by arguing that the combined use of familial searching and analysis of abandoned DNA would present a serious risk for genetic privacy. The risk is particularly acute given that it would effectively circumvent the existing justification for the NDDB, leading to inclusion of individuals whose DNA profiles have not been uploaded directly onto the data bank. To substantiate this main argument, this article proceeds in three parts. The first describes the current Canadian law on familial searching and the ongoing interest in amending …

With Great Power Comes Little Responsibility: The Role Of Online Payment Service Providers With Regards To Websites Selling Counterfeit Goods, J. Bruce Richardson

Canadian Journal of Law and Technology

This article will explain the current avenues for intellectual property rights holders to make use of existing anti-counterfeiting policies made available by financial companies dealing in electronic payments, and argue that current policies, while helpful, are not sufficient. The article will conclude by demonstrating that policy makers have options to intervene and regulate the use of online payment services, either directly through legislation or indirectly through facilitating “best practices.”

The Song Remains The Same: Preserving The First Sale Doctrine For A Secondary Market Of Digital Music, Marco Figliomeni

Canadian Journal of Law and Technology

This article will explore the origins and rationale for the first sale doctrine. A review of the most recent American case law shows the court rejecting the doctrine’s applicability in a digital sphere. I suggest that in spite of the court’s rigid interpretation of the U.S. Copyright Act, formulating a digital first sale doctrine is a matter better left to lawmakers. A flourishing digital secondary market can promote competition and innovation while making content more accessible to the public, but its endorsement requires an appreciation of its adverse effect on the primary market for copyright owners. The article fast-forwards to …

Rethinking Online Privacy In Canada: Commentary On Voltage Pictures V. John And Jane Doe, Ngozi Okidegbe

Canadian Journal of Law and Technology

This article examines the Voltage decision, with the view that the bona fide standard safeguards intellectual property rights at the cost of online privacy rights and will proceed in three parts. Part I provides a brief contextualization of the issues. Part II is an analysis of the Voltage decision. Part III examines how the bona fide standard is a relatively low threshold. This article concludes by considering the possibility of shifting to a higher standard for disclosure, as well as a possible solution for the effect that a higher standard could have on copyright owners.

Hot Zone Identification: Analyzing Effects Of Data Sampling On Spam Clustering, Rasib Khan, Mainul Mizan, Ragib Hasan, Alan Sprague

Annual ADFSL Conference on Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Investigative Techniques Of N-Way Vendor Agreement And Network Analysis Demonstrated With Fake Antivirus, Gary Warner, Mike Nagy, Kyle Jones, Kevin Mitchem

Annual ADFSL Conference on Digital Forensics, Security and Law

Fake AntiVirus (FakeAV) malware experienced a resurgence in the fall of 2013 after falling out of favor after several high profile arrests. FakeAV presents two unique challenges to investigators. First, because each criminal organization running a FakeAV affiliate system regularly alters the appearance of their system, it is sometimes difficult to know whether an incoming criminal complaint or malware sample is related to one ring or the other. Secondly, because FakeAV is delivered in a “Pay Per Install” affiliate model, in addition to the ring-leaders of each major ring, there are many high-volume malware infection rings who are all using …

Work In Progress: An Architecture For Network Path Reconstruction Via Backtraced Ospf Lsdb Synchronization, Raymond A. Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

There has been extensive work in crime scene reconstruction of physical locations, and much is known in terms of digital forensics of computing devices. However, the network has remained a nebulous combination of entities that are largely ignored during an investigation due to the transient nature of the data that flows through the networks. This paper introduces an architecture for network path reconstruction using the network layer reachability information shared via OSPF Link State Advertisements and the routines and functions of OSPF::rt_sched() as applied to the construction of identical Link State Databases for all routers within an Area.