Computer Law Commons^™

Protecting The Privacy Of Canadians' Health Information In The Cloud, Adrian Thorogood, Howard Simkevitz, Mark Phillips, Edward S. Dove, Yann Joly

Canadian Journal of Law and Technology

This article presents results from a year-long research project reviewing health privacy issues in the cloud, funded by the Contributions Program of the Office of the Privacy Commissioner of Canada (OPC). Section I provides a brief primer on cloud computing and its applications in data-centric health research and health care. Section II reviews Canadian privacy and health privacy laws and how they apply to CSPs. Section III identifies privacy risks arising from the technological, organizational, and jurisdictional complexity of cloud computing. Section IV argues that Canadian health privacy laws fail to address difficulties custodians face in balancing responsibilities with CSPs, …

Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna

Vanderbilt Journal of Transnational Law

Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …

Facebook’S Emotional Contagion Study And The Ethical Problem Of Co-Opted Identity In Mediated Environments Where Users Lack Control, Evan Selinger, Woodrow Hartzog

Faculty Scholarship

We argue a main but underappreciated reason why the Facebook emotional contagion experiment is ethically problematic is that it co-opted user data in a way that violated identity-based norms and exploited the vulnerability of those disclosing on social media who are unable to control how personal information is presented in this technologically mediated environment.

Regulating Software When Everything Has Software, Paul Ohm, Blake Reid

Publications

This Article identifies a profound, ongoing shift in the modern administrative state: from the regulation of things to the regulation of code. This shift has and will continue to place previously isolated agencies in an increasing state of overlap, raising the likelihood of inconsistent regulations and putting seemingly disparate policy goals, like privacy, safety, environmental protection, and copyright enforcement, in tension. This Article explores this problem through a series of case studies and articulates a taxonomy of code regulations to help place hardware-turned-code rules in context. The Article considers the likely turf wars, regulatory thickets, and related dynamics that are …

Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli

Brooklyn Journal of International Law

In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …

The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li

Journal of Law and Policy

Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act, Patricia L. Bellia

Journal Articles

Thirty years ago, Congress passed the Computer Fraud and Abuse Act (CFAA) to combat the emerging problem of computer crime. The statute’s core prohibitions targeted one who “accesses” a computer “without authorization” or who “exceeds authorized access.” Over time, incremental statutory changes and large-scale technical changes have dramatically expanded the potential scope of the CFAA. The question of what constitutes unauthorized access has taken on far greater significance than it had thirty years ago, and courts remain deeply divided on this question. This Article explores the text, purpose, and history of the CFAA, as well as a range of normative …

Keeping Ai Legal, Amitai Etzioni, Oren Etzioni

Vanderbilt Journal of Entertainment & Technology Law

AI programs make numerous decisions on their own, lack transparency, and may change frequently. Hence, unassisted human agents, such as auditors, accountants, inspectors, and police, cannot ensure that AI-guided instruments will abide by the law. This Article suggests that human agents need the assistance of AI oversight programs that analyze and oversee operational AI programs. This Article asks whether operational AI programs should be programmed to enable human users to override them; without that, such a move would undermine the legal order. This Article also points out that AI operational programs provide high surveillance capacities and, therefore, are essential for …

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie

Articles, Book Chapters, & Popular Press

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …

Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …

Verification Of Recovered Digital Evidence On The Amazon Kindle, Marcus Thompson, Raymond Hansen

Journal of Digital Forensics, Security and Law

The Amazon Kindle is a popular e-book reader. This popularity will lead criminals to use the Kindle as an accessory to their crime. Very few Kindle publications in the digital forensics domain exist at the time of this writing. Various blogs on the Internet currently provide some of the foundation for Kindle forensics. For this research each fifth generation Kindle was populated with various types of files a typical user may introduce using one method, the USB interface. The Kindle was forensically imaged with AccessData’s Forensic Toolkit Imager before and after each Kindle was populated. Each file was deleted through …

Making Sense Of Email Addresses On Drives, Neil C. Rowe, Riqui Schwamm, Michael R. Mccarrin, Ralucca Gera

Journal of Digital Forensics, Security and Law

Drives found during investigations often have useful information in the form of email addresses which can be acquired by search in the raw drive data independent of the file system. Using this data we can build a picture of the social networks that a drive owner participated in, even perhaps better than investigating their online profiles maintained by social-networking services because drives contain much data that users have not approved for public display. However, many addresses found on drives are not forensically interesting, such as sales and support links. We developed a program to filter these out using a Naïve …

Countering Noise-Based Splicing Detection Using Noise Density Transfer, Thibault Julliand, Vincent Nozick, Hugues Talbot

Journal of Digital Forensics, Security and Law

Image splicing is a common and widespread type of manipulation, which is defined as pasting a portion of an image onto a second image. Several forensic methods have been developed to detect splicing, using various image properties. Some of these methods exploit the noise statistics of the image to try and find discrepancies. In this paper, we propose a new counter-forensic approach to eliminate the noise differences that can appear in a spliced image. This approach can also be used when creating computer graphics images, in order to endow them with a realistic noise. This is performed by changing the …

Evidential Reasoning For Forensic Readiness, Yi-Ching Liao, Hanno Langweg

Journal of Digital Forensics, Security and Law

To learn from the past, we analyse 1,088 "computer as a target" judgements for evidential reasoning by extracting four case elements: decision, intent, fact, and evidence. Analysing the decision element is essential for studying the scale of sentence severity for cross-jurisdictional comparisons. Examining the intent element can facilitate future risk assessment. Analysing the fact element can enhance an organization's capability of analysing criminal activities for future offender profiling. Examining the evidence used against a defendant from previous judgements can facilitate the preparation of evidence for upcoming legal disclosure. Follow the concepts of argumentation diagrams, we develop an automatic judgement summarizing …

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.

Electronic Voting Service Using Block-Chain, Kibin Lee, Joshua I. James, Tekachew G. Ejeta, Hyoung J. Kim

Journal of Digital Forensics, Security and Law

Cryptocurrency, and its underlying technologies, has been gaining popularity for transaction management beyond financial transactions. Transaction information is maintained in the block-chain, which can be used to audit the integrity of the transaction. The focus on this paper is the potential availability of block-chain technology of other transactional uses. Block-chain is one of the most stable open ledgers that preserves transaction information, and is difficult to forge. Since the information stored in block-chain is not related to personally identify information, it has the characteristics of anonymity. Also, the block-chain allows for transparent transaction verification since all information in the block-chain …

Managing Cyber Risks, Kristin N. Johnson

Georgia Law Review

Cyber risks are as pervasive as the technology that facilitates their execution. The threat of cyber attacks or plots to deploy cyber weapons against critical government entities, private businesses and domestic and international infrastructure resources creates a most significant risk management concern. Pernicious,perilous and ubiquitous, cyber risks have merged as the newest risk management frontier. While the consequences of cyber attacks against individual financial institutions may be alarming, the interconnectedness of the largest financial institutions in the global economy and their shared dependence on technology render these businesses and the systems that execute their transactions shockingly vulnerable. Because of the …

Cybersecurity On My Mind: Protecting Georgia Consumers From Data Breaches, Maggie L. Mcmichael

Georgia Law Review

In a world where vast amounts of personal information
are obtained and stored by countless organizations and
businesses in the public and private sector, data breaches,

due to negligence or nefarious hacking, are a far too
common occurrence. The results of a data breach can be
serious and widespread, from public humiliation to
identity theft and national security crises. In an effort to
protect consumers from the potentially devastating effects
of data breaches, the Federal Trade Commission has
begun to take enforcement action against businesses whose
data security practices are alleged to be unfair and
deceptive. Theoretically, states can take …