Computer Law Commons^™

A Comprehensive Empirical Study Of Data Privacy, Trust, And Consumer Autonomy, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Indiana Law Journal

Modern society is driven by data. Data storage is practically unlimited with today’s technology, and analytical tools make it easy to find patterns and make predictions in a way that is very useful for private businesses and governments. These uses of digital data can raise considerable privacy issues that are of great concern to consumers. In this Article, we present and analyze the results of an extensive survey that we conducted to explore what people know, what people do, and what people want when it comes to privacy online.

Our survey is the first comprehensive examination of the intersection of …

Regulating Healthcare Robots: Maximizing Opportunities While Minimizing Risks, Drew Simshaw, Nicolas Terry, Kris Hauser, M.L. Cummings

Richmond Journal of Law & Technology

Some of the most dynamic areas of robotics research and development today are healthcare applications. Robot-assisted surgery, robotic nurses, in-home rehabilitation, and eldercare robots' are all demonstrating rapidly iterating innovation. Rising healthcare labor costs and an aging population will increase demand for these human surrogates and enhancements. However, like many emerging technologies, robots are difficult to place within existing regulatory frameworks. For example, the federal Food, Drug, and Cosmetic Act (FD&C Act) seeks to ensure that medical devices (few of which are consumer devices) are safe, the HIPAA Privacy and Security Rules apply to data collected by health care providers …

Addressing Employee Use Of Personal Clouds, Philip Favro

Richmond Journal of Law & Technology

Cloud computing is one of the most useful innovations in the digital age. While much of the attention on recent advances has focused on smartphones, tablet computers, and wearable technology, the cloud is perhaps unrivaled in its utility for organizations. From simplified data storage to innovative software platforms, enterprise-grade cloud solutions provide cost-effective alternatives to acquiring expensive computer hardware and software. Enterprise clouds also offer a collaborative work environment for a mobile and widespread work force, enabling businesses to maximize worker productivity.

Need For Informed Consent In The Age Of Ubiquitous Human Testing, Caitlyn Kuhs

Loyola of Los Angeles Law Review

No abstract provided.

Plugging The Rabbit Hole: The Supreme Court's Decision In Alice, Steven Swan

Utah Law Review

The two-step analysis in Mayo is insufficient to objectively analyze and make consistent determinations on patent eligibility. The effects of Alice are prime exhibits of this conclusion. Uncertainty and confusion in the realm of patents and software technology have risen to such a level that there is a telling impact on the economy and perhaps far greater devastation to the economy on the horizon. At the same time, the patent prosecution process has become increasingly expensive and difficult for both the client and drafting attorney provided the sheer number of Section rejections that are challenging to overcome. Consequently, this Note …

Low Budget Forensic Drive Imaging Using Arm Based Single Board Computers, Eric Olson, Narasimha Shashidhar

Journal of Digital Forensics, Security and Law

Traditional forensic analysis of hard disks and external media typically involves a powered down machine and “dead analysis” of these devices. Forensic acquisition of hard drives and external media has traditionally been by one of several means: standalone forensic duplicator; using a hardware write-blocker or dock attached to a laptop, computer, workstation, etc., forensic operating systems that live boot from a USB, CD/DVD or virtual machines with preinstalled operating systems. Standalone forensics acquisition and imaging devices generally cost thousands of dollars. In this paper, we propose the use of single board computers as forensic imaging devices. Single board computers can …

In-The-Wild Residual Data Research And Privacy, William B. Glisson, Tim Storer, Andrew Blyth, George Grispos, Matt Campbell

Journal of Digital Forensics, Security and Law

As the world becomes increasingly dependent on technology, researchers in both industry and academia endeavor to understand how technology is used, the impact it has on everyday life, the artifact life-cycle and overall integrations of digital information. In doing so, researchers are increasingly gathering 'real-world' or 'in-the-wild' residual data, obtained from a variety of sources, without the explicit consent of the original owners. This data gathering raises significant concerns regarding privacy, ethics and legislation, as well as practical considerations concerning investigator training, data storage, overall security and data disposal. This research surveys recent studies of residual data gathered in-the-wild and …

Bytewise Approximate Matching: The Good, The Bad, And The Unknown, Vikram S. Harichandran, Frank Breitinger, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Hash functions are established and well-known in digital forensics, where they are commonly used for proving integrity and file identification (i.e., hash all files on a seized device and compare the fingerprints against a reference database). However, with respect to the latter operation, an active adversary can easily overcome this approach because traditional hashes are designed to be sensitive to altering an input; output will significantly change if a single bit is flipped. Therefore, researchers developed approximate matching, which is a rather new, less prominent area but was conceived as a more robust counterpart to traditional hashing. Since the conception …

Security Analysis Of Mvhash-B Similarity Hashing, Donghoon Chang, Somitra Sanadhya, Monika Singh

Journal of Digital Forensics, Security and Law

In the era of big data, the volume of digital data is increasing rapidly, causing new challenges for investigators to examine the same in a reasonable amount of time. A major requirement of modern forensic investigation is the ability to perform automatic filtering of correlated data, and thereby reducing and focusing the manual effort of the investigator. Approximate matching is a technique to find “closeness” between two digital artifacts. mvHash-B is a well-known approximate matching scheme used for finding similarity between two digital objects and produces a ‘score of similarity’ on a scale of 0 to 100. However, no security …

An Automated Approach For Digital Forensic Analysis Of Heterogeneous Big Data, Hussam Mohammed, Nathan Clarke, Fudong Li

Journal of Digital Forensics, Security and Law

The major challenges with big data examination and analysis are volume, complex interdependence across content, and heterogeneity. The examination and analysis phases are considered essential to a digital forensics process. However, traditional techniques for the forensic investigation use one or more forensic tools to examine and analyse each resource. In addition, when multiple resources are included in one case, there is an inability to cross-correlate findings which often leads to inefficiencies in processing and identifying evidence. Furthermore, most current forensics tools cannot cope with large volumes of data. This paper develops a novel framework for digital forensic analysis of heterogeneous …

On Efficiency Of Distributed Password Recovery, Radek Hranický, Martin Holkovič, Petr Matoušek

Journal of Digital Forensics, Security and Law

One of the major challenges in digital forensics today is data encryption. Due to the leaked information about unlawful sniffing, many users decided to protect their data by encryption. In case of criminal activities, forensic experts are challenged how to decipher suspect's data that are subject to investigation. A common method how to overcome password-based protection is a brute force password recovery using GPU-accelerated hardware. This approach seems to be expensive. This paper presents an alternative approach using task distribution based on BOINC platform. The cost, time and energy efficiency of this approach is discussed and compared to the GPU-based …

Towards Syntactic Approximate Matching - A Pre-Processing Experiment, Doowon Jeong, Frank Breitinger, Hari Kang, Sangjin Lee

Journal of Digital Forensics, Security and Law

Over the past few years the popularity of approximate matching algorithms (a.k.a. fuzzy hashing) has increased. Especially within the area of bytewise approximate matching, several algorithms were published, tested and improved. It has been shown that these algorithms are powerful, however they are sometimes too precise for real world investigations. That is, even very small commonalities (e.g., in the header of a le) can cause a match. While this is a desired property, it may also lead to unwanted results. In this paper we show that by using simple pre-processing, we signicantly can in uence the outcome. Although our test …

The Past, Present, And Future Of Predictive Coding, Matthew G. Kenney

Florida A & M University Law Review

Electronic discovery, or e-discovery, refers to the discovery of electronically stored documents and images.' Examples of e-discovery related documentation would include email, digital versions of paper documents (e.g. MS Word, PDF, Excel, and PowerPoint), social media postings, digital photos, Global Positioning System data, and content within computerized databases, etc. Digital data stored on computers, smartphones, tape drives, hard-drives, portable digital storage devices and the like would fall under the domain of e-discovery. Collecting and sorting massive amounts of electronically stored data presents both opportunities and challenges for lawyers.

For context: In 2015, electronic discovery was a $10.2 billion global industry. …

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Publications

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …

Augmented Reality: A Technology And Policy Primer, Ryan Calo, Tamara Denning, Batya Friedman, Tadayoshi Kohno, Lassana Magassa, Emily Mcreynolds, Bryce Clayton Newell, Jesse Woo

Tech Policy Lab

The vision for AR dates back at least until the 1960s with the work of Ivan Sutherland. In a way, AR represents a natural evolution of information communication technology. Our phones, cars, and other devices are increasingly reactive to the world around us. But AR also represents a serious departure from the way people have perceived data for most of human history: a Neolithic cave painting or book operates like a laptop insofar as each presents information to the user in a way that is external to her and separate from her present reality. By contrast, AR begins to collapse …

"Connected" Discovery: What The Ubiquity Of Digital Evidence Means For Lawyers And Litigation, Gail Gottehrer

Richmond Journal of Law & Technology

More than ten years ago, the Zubulake case raised awareness of the importance of digital evidence in litigation. At that time, for many lawyers, the discovery process consisted of collecting paper documents, manually reviewing those paper documents, and responding to document requests by producing paper documents. Digital evidence existed, but was more limited in scope and volume than it is today. Back then it was often overlooked or not recognized as a potential source of valuable evidence to be obtained in discovery.

Digital Direction For The Analog Attorney-Date Protection, E-Discovery, And The Ethics Of Technological Competence In Today's World Of Tomorrow, Stacey Blaustein, Melinda L. Mclellan, James A. Sherer

Richmond Journal of Law & Technology

Over the past twenty years, the near-constant use of sophisticated technological tools has become an essential and indispensable aspect of the practice of law. The time and cost efficiencies generated by these resources are obvious, and have been for years. And because clients expect their counsel to take full advantage, savvy attorneys understand that they must keep up with ever-evolving legal technologies to stay competitive in a crowded marketplace.

Protecting Personal Information: Achieving A Balance Between User Privacy And Behavioral Targeting, Patrick Myers

University of Michigan Journal of Law Reform

Websites and mobile applications provide immeasurable benefits to both users and companies. These services often collect vast amounts of personal information from the individuals that use them, including sensitive details such as Social Security numbers, credit card information, and physical location. Personal data collection and dissemination leave users vulnerable to various threats that arise from the invasion of their privacy, particularly because users are often ignorant of the existence or extent of these practices. Current privacy law does not provide users with adequate protection from the risks attendant to the collection and dissemination of their personal information. This Note advocates …

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Faculty Articles

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …

The Amplified Need For Supreme Court Guidance On Student Speech Rights In The Digital Age, William Calve

St. Mary's Law Journal

Abstract forthcoming.

Copyright For Literate Robots, James Grimmelmann

Cornell Law Faculty Publications

Almost by accident, copyright has concluded that copyright law is for humans only: reading performed by computers doesn't count as infringement. Conceptually, this makes sense: copyright's ideal of romantic readership involves humans writing for other humans. But in an age when more and more manipulation of copyrighted works is carried out by automated processes, this split between human reading (infringement) and robotic reading (exempt) has odd consequences and creates its own tendencies toward a copyright system in which humans occupy a surprisingly peripheral place. This essay describes the shifts in fair use law that brought us here and reflects on …

There's No Such Thing As A Computer-Authored Work - And It's A Good Thing, Too, James Grimmelmann

Cornell Law Faculty Publications

Treating computers as authors for copyright purposes is a non-solution to a non-problem. It is a non-solution because unless and until computer programs can qualify as persons in life and law, it does no practical good to call them "authors" when someone else will end up owning the copyright anyway. And it responds to a non-problem because there is nothing actually distinctive about computer-generated works.

There are five plausible ways in which computer-generated works might be considered meaningfully different from human-generated works: (1) they are embedded in digital copies, (2) people create them using computers rather than by hand, (3) …

Territoriality, Technology, And National Security, Zachary D. Clopton

Cornell Law Faculty Publications

Across various contexts, parties and courts have pressed for territorial rules in cases implicating technology and national security. This Essay suggests that presumptively territorial approaches to these questions are misguided. Territorial rules do not track the division of authority or capacity among the branches, nor are they effective proxies for the important interests of regulators or regulatees. On issues of technology and national security, territorial rules seem particularly ill suited: territorial rules aspire to certainty, but technology makes it harder to define “territoriality” in a consistent and predictable way; technology weakens territoriality as a proxy for policy goals because data …

A Machine Learning Classifier For Corporate Opportunity Waivers, Gabriel V. Rauterberg, Eric L. Talley

Faculty Scholarship

Rauterberg & Talley (2017) develop a data set of “corporate opportunity waivers” (COWs) – significant contractual modifications of fiduciary duties – sampled from SEC filings. Part of their analysis utilizes a machine learning (ML) classifier to extend their data set beyond the hand-coded sample. Because the ML approach is likely unfamiliar to some readers, and in the light of its great potential across other areas of law and finance research, this note explains the basic components using a simple example, and it demonstrates strategies for calibrating and evaluating the classifier.

The Road To Artificial Super-Intelligence: Has International Law A Role To Play?, J.-G. Castel, Matthew E. Castel

Canadian Journal of Law and Technology

Part I of this article deals with the road to artificial general super-intelligence.

Part II addresses the controls, if any, that should be exercised over the production and use of partially or fully autonomous machines of artificial intelligence before and after they become super-intelligent. More particularly, should there be legal and ethical limits to their use and to what extent should international law play a role in this connection?

Un Nouveau Code Pour Une Procédure Technologique: Mémento Pour Le Pr@Ticien, Antoine Guilman

Canadian Journal of Law and Technology

Table des matières

Introduction.................................................................................................. 18

I. La transmission technologique des actes de procédure ................................. 22

(a) Le dépôt technologique des actes de procédure ................................... 23

(i) Un régime légal inédit : les dispositions du NCPC...................... 23

(ii) Un régime réglementaire inexistant : l’exemple de la Cour fédérale ...................................................................................... 26

(b) La signification technologique des actes de procédure ......................... 28

(i) Le principe : la signification de main à main .............................. 29

(ii) L’exception : la signification technologique................................. 30

(c) La notification technologique des actes de procédure..........................35

(i) La notification par un moyen technologique .............................. 35

(ii) La notification par …

Flying Robots And Privacy In Canada, Paul D.M. Holden

Canadian Journal of Law and Technology

Drones have been a hot topic in recent years particularly when used in war and in domestic police operations. Drones have also attracted attention because of highprofile plans to use them for package delivery, among other things. While the glamourous and future uses of drones catch media attention, drones are already being used in the private sector for more mundane purposes including surveying, infrastructure inspection and real estate sales promotion. While the privacy threats of military and police drones are widely discussed, privacy concerns of private drones have attracted much less consideration.

This paper looks at the privacy risks of …

Book Review: Jonathan Clough, Principles Of Cybercrime, 2nd Ed (Cambridge: Cambridge University Press, 2015), Christopher D. Ram

Canadian Journal of Law and Technology

The past decade has seen an enormous explosion of scholarship on the subject of cybercrime, as technologies and offenders pose new challenges and law enforcement, government and academic experts struggle to keep up. The new, second edition of Professor Jonathan Clough’s book occupies a fairly substantial, but specific niche in this increasingly diverse and complex landscape. Principles of Cybercrime contains only a cursory review of the history and criminology of cybercrime, it does not deal at all with IT security, investigative or enforcement matters, and discussion of cybercrime as a global issue is limited to brief discussions of the 2001 …

Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock

Canadian Journal of Law and Technology

In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …

Minding The Gap: Why Or How Nova Scotia Should Enact A New Cyber-Safety Act - Case Comment On Crouch V. Snell, Jennifer Taylor

Canadian Journal of Law and Technology

Nova Scotia’s Cyber-safety Act was meant to fill a gap in the law. Where criminal charges and civil claims like defamation were unavailable or undesirable, the Act, it was hoped, would contain a substantive definition of cyberbullying, set out when it was actionable, and provide procedures for victims to obtain remedies. But the statute that was ultimately passed was too blunt a tool to address the problem, from both a substantive and a procedural perspective.

That helps explain why Justice McDougall of the Supreme Court of Nova Scotia struck down the entire statute as unconstitutional, in the recent case of …