Computer Law Commons^™

Mischief With Government Information Policy, Renée M. Landers

Chicago-Kent Law Review

No abstract provided.

Administrative Truth: Comments On Cortez's Information Mischief, David Thaw

Chicago-Kent Law Review

No abstract provided.

Teaching Data Carving Using The Real World Problem Of Text Message Extraction From Unstructured Mobile Device Data Dumps, Gary D. Cantrell, Joan Runs Through

Journal of Digital Forensics, Security and Law

Data carving is a technique used in data recovery to isolate and extract files based on file content without any file system guidance. It is an important part of data recovery and digital forensics, but it is also useful in teaching computer science students about file structure and binary encoding of information especially within a digital forensics program. This work demonstrates how the authors teach data carving using a real world problem they encounter in digital forensics evidence processing involving the extracting of text messages from unstructured small device binary extractions. The authors have used this problem for instruction in …

Digital Evidence In Criminal Cases Before The U.S. Courts Of Appeal: Trends And Issues For Consideration, Martin Novak

Journal of Digital Forensics, Security and Law

Though the use of computer forensics in criminal investigations has expanded in recent years, there is little empirical evidence about the prevalence of the use of digital evidence in the court system and its impact on prosecution outcomes. This paper was an examination of criminal cases before the United States Courts of Appeal in which legal issues were related to digital evidence. The purpose of this research was to determine the most common legal basis for appeals relating to the introduction or exclusion of digital evidence, the frequency with which cases involving an appeal regarding digital evidence affirmed or reversed …

Cyber-Security Risks Of Fedwire, Mark J. Bilger

Journal of Digital Forensics, Security and Law

This paper will review the risks associated with the Federal Reserve's Fedwire network as a key resource necessary for the efficient function of the American financial system. It will examine the business model of the Fedwire system of real-time interbank transfers, the network characteristics of Fedwire, and the possibility of a successful attack on Fedwire and its potential impact on the U.S. financial system.

Data And The Social Obligation Norm Of Property: An Essay In Honor Of Professor Gregory S. Alexander, Christopher K. Odinet

Cornell Journal of Law and Public Policy

In the age of the Cambridge Analytica/Facebook scandal and sundry other data breaches at Under Armour, Target, and Best Buy, the issue of security and privacy in consumer data has become increasingly important. For much of the modern era, the development of technology has gone relatively unchecked, with the United States having ceded much of the policymaking terrain to Silicon Valley. This has resulted in the unbridled creation of vast amounts of consumer data. Users who engage with tech platforms generate bits and bytes about themselves based on their activities, preferences, and habits. This information-this "data"- is then harnessed by …

Pseudo-Gambling And Whaling: How Loot Boxes Pray On Vulnerable Populations And How To Curtail Future Predatory Behavior, Alexander Mann

Washington Journal of Law, Technology & Arts

The video game industry has blossomed from a niche hobby into a mainstream cultural industry, outpacing global box office sales in annual revenue. Yet the price of a video game has barely increased since the industry’s inception, and the current standard price point of sixty dollars has survived for over a decade. Competitive market forces drive companies to invest ever more time and money into creating increasingly complex software in order to remain on the cutting edge of graphics and design, while simultaneously increasing revenue. Thus, video game developers and publishers have developed a multitude of alternative money- making services …

Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong

Research Collection Yong Pung How School Of Law

A guide intended to accelerate sensemaking in discussions involving Rules as Code. Without a common frame of reference, project stakeholders risk talking at cross purposes. Stakeholders contemplating a “digital transformation” project in the legal domain, such as a “Rules as Code” exercise or a RegTech / SupTech proof-of-concept, may find this document useful to agree on a common vocabulary to facilitate discussion and planning. To that end, this document classifies “digital transformation” of legal rules into a hierarchy of levels which can be included as terms of reference in planning discussions. While this document is informed by academic discourse, it …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

The Children Of Youtube: How An Entertainment Industry Goes Around Child Labor Laws, Neyza Guzman, J.D.

Child and Family Law Journal

No abstract provided.

The Danger Of Facial Recognition In Our Children’S Classrooms, Nila Bala

Duke Law & Technology Review

No abstract provided.

Reinvesting In Rico With Cryptocurrencies: Using Cryptocurrency Networks To Prove Rico’S Enterprise Requirement, Andrew Robert Klimek

Washington and Lee Law Review

This Note received the 2019 Roy L. Steinheimer Law Review Award.

This Note argues that the Racketeer Influenced and Corrupt Organizations Act (RICO) may be suited to cryptocurrency prosecutions. RICO subsection 1962(a) addresses the infiltration of an enterprise by investing proceeds from racketeering activities and this Note contends that a cryptocurrency network could serve as the “enterprise” required by the statute. Instead of having to investigate and prove the relationships in an underlying criminal enterprise, proponents of a RICO case against crypto-criminals could rely on well-documented and publicly available information about the cryptocurrency network to prove the enterprise and the …

Secret Conviction Programs, Meghan J. Ryan

Washington and Lee Law Review

Judges and juries across the country are convicting criminal defendants based on secret evidence. Although defendants have sought access to the details of this evidence—the results of computer programs and their underlying algorithms and source codes—judges have generally denied their requests. Instead, judges have prioritized the business interests of the for-profit companies that developed these “conviction programs” and which could lose market share if the secret algorithms and source codes on which the programs are based were exposed. This decision has jeopardized criminal defendants’ constitutional rights.

The Algorithmic Divide And Equality In The Age Of Artificial Intelligence, Peter K. Yu

Faculty Scholarship

In the age of artificial intelligence, highly sophisticated algorithms have been deployed to provide analysis, detect patterns, optimize solutions, accelerate operations, facilitate self-learning, minimize human errors and biases and foster improvements in technological products and services. Notwithstanding these tremendous benefits, algorithms and intelligent machines do not provide equal benefits to all. Just as the digital divide has separated those with access to the Internet, information technology and digital content from those without, an emerging and ever-widening algorithmic divide now threatens to take away the many political, social, economic, cultural, educational and career opportunities provided by machine learning and artificial intelligence. …

Inter(Lock)Down: The Need For Stricter Enforcement Of Section 8 Of The Clayton Act, Shafkat Rakib

Cardozo Law Review

No abstract provided.

State-Sponsored Ransomware Through The Lens Of Maritime Piracy, Evans F. Horsley

Georgia Journal of International & Comparative Law

No abstract provided.

A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz

Cybaris®

No abstract provided.

Trimming The Fat: The Gdpr As A Model For Cleaning Up Our Data Usage, Kassandra Polanco

Touro Law Review

No abstract provided.

A Critical Evaluation Of The Effectiveness And Legitimacy Of Webblocking Injunctions, Mark Hyland

Articles

Relative to the dual criteria of effectiveness and legitimacy, this article evaluates webblocking injunctions in the context of intellectual property law and with a particular focus on the vanguard role played by the English Courts. With regard to the first criterion, it is argued that there is reason to think that webblocking injunctions are viewed by IP owners as well as by legislators and courts as a relatively effective instrument in the protection of IP assets. Moreover, the extension of webblocking orders to trade marks together with their adoption in a number of legal systems, is further evidence that these …

Can An Improved Disclosure Mechanism Moderate Algorithm-Based Software Patentability In The Public Interest?, Vinicius Sala

Cybaris®

No abstract provided.

A Dangerous Inheritance: A Child’S Digital Identity, Kate Hamming

Seattle University Law Review

This Comment begins with one family’s story of its experience with social media that many others can relate to in today’s ever-growing world of technology and the Internet. Technology has made it possible for a person’s online presence to grow exponentially through continuous sharing by other Internet users. This ability to communicate and share information amongst family, friends, and strangers all over the world, while beneficial in some regard, comes with its privacy downfalls. The risks to privacy are elevated when children’s information is being revealed, which often stems from a child’s own parents conduct online. Parents all over the …

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

The Internet Never Forgets: A Federal Solution To The Dissemination Of Nonconsensual Pornography, Alexis Santiago

Seattle University Law Review

As technology evolves, new outlets for interpersonal conflict and crime evolve with it. The law is notorious for its inability to keep pace with this evolution. This Comment focuses on one area that the law urgently needs to regulate—the dissemination of “revenge porn,” otherwise known as nonconsensual pornography. Currently, no federal law exists in the U.S. that criminalizes the dissemination of nonconsensual pornography. Most U.S. states have criminalized the offense, but with vastly different degrees of severity, resulting in legal inconsistencies and jurisdictional conflicts. This Comment proposes a federal solution to the dissemination of nonconsensual pornography that carefully balances the …

Speech, Innovation, And Competition, Greg Day

Scholarly Works

Critics contend that concentrated power in digital markets has generated threats to free speech. For a variety of reasons, market power is naturally thought to concentrate in digital markets. The consequence is that “big tech” is said to face little competition; Facebook controls 72 percent of the social media market while the parent of YouTube (72 percent of the video market) is Google (92 percent of the search market). This landscape has potentially vested private companies with unprecedented power over the flow of information. If Facebook, for example, decides to ban certain types of speech or ideas, it would potentially …

Cracking The Code: Computer Code As Pure Speech And Its First Amendment Implications On The 3d Printed Firearms Controversy, Brian E. Heckmann

FIU Law Review

No abstract provided.

Protecting Online Privacy In The Digital Age: Carpenter V. United States And The Fourth Amendment’S Third-Party Doctrine, Cristina Del Rosso, Carol M. Bast

Catholic University Journal of Law and Technology

The goal of this paper is to examine the future of the third-party doctrine with the proliferation of technology and the online data we are surrounded with daily, specifically after the Supreme Court’s decision in Carpenter v. United States. It is imperative that individuals do not forfeit their Constitutional guarantees for the benefit of living in a technologically advanced society. This requires an understanding of the modern-day functional equivalents of “papers” and “effects.”

Looking to the future, this paper contemplates solutions on how to move forward in this technology era by scrutinizing the relevancy of the third-party doctrine due …

The Code Of The Platform, Todd Haugh, Abbey Stemler, Joshua E. Perry

Georgia Law Review

Digital platform-based businesses such as Uber,
eBay, and Google have become ubiquitous in our daily
lives. They have done so by expertly harnessing
technology to bring supply- and demand-side users
together for commercial and social exchange. Users are
happy to let these platform companies play
“matchmaker” because transaction costs are lowered—it
is easier to find or give a ride, buy or sell a product, or
obtain almost any kind of information than ever before—
and platforms are happy to be at the center of the
exchange, taking advantage of network effects to become
wildly successful. Despite the success of these …

The Four Horsemen Of The Internet Apocalypse: The Relevation Of State Net Neutrality Laws, Zachary P.T. Lundgren

Georgia Law Review

In 2018, on the heels of intense debate and
widespread media campaigns, the FCC repealed its
2015 regulations protecting net neutrality. The repeal
continued to stoke controversy after it was announced,
facing congressional and legal challenges almost
immediately. The most interesting response, however,
has been the passage of state net neutrality laws in
California, Oregon, Vermont, and Washington. The first
of their kind, these four laws largely purport to reinstate
the 2015 net neutrality rules within state lines.
Rather than take sides in the net neutrality debate,
this Note focuses on these novel state laws and,
principally, whether they will …

Quantum Supremacy, Network Security & The Legal Risk Management Framework: Resiliency For National Security Systems, Salah E. Ali

SMU Science and Technology Law Review

No abstract provided.