Computer Law Commons^™

Non-Use Of A Mobile Phone During Conducting Crime Can Also Be Evidential, Vinod Polpaya Bhattathiripad Ph D

Annual ADFSL Conference on Digital Forensics, Security and Law

Cyber-clever criminals who are aware of the consequence of using mobile phones during conducting crimes often stay away from their phones while involved in crimes. Some of them even change their handset and SIM card, subsequently. This article looks into how, intentional disassociation (and even unintentional non-use) of mobile phone in (non-cyber) crimes, can become evidential clues of the perpetrators’ involvement in criminal acts. With the help of a recent judicial episode, this article reveals how extremely careful and masterful handling of extensive and voluminous Call Details Records and tower dumps by a cyber-savvy investigating official can unearth evidential clues …

Forensic Analysis Of The Exfat Artifacts, Yves Vandermeer, An Lekhac, Tahar Kechadi, Joe Carthy

Annual ADFSL Conference on Digital Forensics, Security and Law

Although keeping some basic concepts inherited from FAT32, the exFAT file system introduces many differences, such as the new mapping scheme of directory entries. The combination of exFAT mapping scheme with the allocation of bitmap files and the use of FAT leads to new forensic possibilities. The recovery of deleted files, including fragmented ones and carving becomes more accurate compared with former forensic processes. Nowadays, the accurate and sound forensic analysis is more than ever needed, as there is a high risk of erroneous interpretation. Indeed, most of the related work in the literature on exFAT structure and forensics, is …

Live Gpu Forensics: The Process Of Recovering Video Frames From Nvidia Gpu, Yazeed M. Albabtain, Baijian Yang

Annual ADFSL Conference on Digital Forensics, Security and Law

The purpose of this research is to apply a graphics processing unit (GPU) forensics method to recover video artifacts from NVIDIA GPU. The tested video specs are 512 x 512 in resolution for video 1 and 800 x 600 in resolution for video 2. Both videos are mpeg4 video codec. A VLC player was used in the experiment. A special program has been developed using OpenCL to recover 1) patterns that are frames consist of pixel values and 2) dump data from the GPU global memory. The dump data that represent the video frame were located using simple steps. The …

Unmanned Aerial Vehicle Forensic Investigation Process: Dji Phantom 3 Drone As A Case Study, Alan Roder, Kim-Kwang Raymond Choo, Nhien-A Le-Khac

Annual ADFSL Conference on Digital Forensics, Security and Law

Drones (also known as Unmanned Aerial Vehicles – UAVs) are a potential source of evidence in a digital investigation, partly due to their increasing popularity in our society. However, existing UAV/drone forensics generally rely on conventional digital forensic investigation guidelines such as those of ACPO and NIST, which may not be entirely fit-for-purpose. In this paper, we identify the challenges associated with UAV/drone forensics. We then explore and evaluate existing forensic guidelines, in terms of their effectiveness for UAV/drone forensic investigations. Next, we present our set of guidelines for UAV/drone investigations. Finally, we demonstrate how the proposed guidelines can be …

Detection And Recovery Of Anti-Forensic (Vault) Applications On Android Devices, Michaila Duncan, Umit Karabiyik

Annual ADFSL Conference on Digital Forensics, Security and Law

Significant number of mobile device users currently employ anti-forensics applications, also known as vault or locker applications, on their mobile devices in order to hide files such as photos. Because of this, investigators are required to spend a large portion of their time manually looking at the applications installed on the device. Currently, there is no automated method of detecting these anti-forensics applications on an Android device. This work presents the creation and testing of a vault application detection system to be used on Android devices. The main goal of this work is twofold: (i) Detecting and reporting the presence …

Cybersecurity And The Rights Of The Internet User In France, Jennifer Cross

Georgia Journal of International & Comparative Law

No abstract provided.

Crashed Software: Assessing Product Liability For Software Defects In Automated Vehicles, Sunghyo Kim

Duke Law & Technology Review

Automated vehicles will not only redefine the role of drivers, but also present new challenges in assessing product liability. In light of the increased risks of software defects in automated vehicles, this Note will review the current legal and regulatory framework related to product liability and assess the challenges in addressing on-board software defects and cybersecurity breaches from both the consumer and manufacturer perspective. While manufacturers are expected to assume more responsibility for accidents as vehicles become fully automated, it can be difficult to determine the scope of liability regarding unexpected software defects. On the other hand, consumers face new …

Symbols, Systems, And Software As Intellectual Property: Time For Contu, Part Ii?, Timothy K. Armstrong

Michigan Telecommunications & Technology Law Review

The functional nature of computer software underlies two propositions that were, until recently, fairly well settled in intellectual property law: first, that software, like other utilitarian articles, may qualify for patent protection; and second, that the scope of copyright protection for software is comparatively limited. Both propositions have become considerably shakier as a result of recent court decisions. Following Alice Corp. v. CLS Bank Int’l, 134 S. Ct. 2347 (2014), the lower courts have invalidated many software patents as unprotectable subject matter. Meanwhile, Oracle America v. Google Inc., 750 F.3d 1339 (Fed. Cir. 2014) extended far more expansive copyright protection …

The Pragmatic Disappointment Of State Preemption: The 2016 Defend Trade Secrets Act And Its Failure To Protect Employee Whistleblowers From Federal Computer Crime Law, Kristine Craig

Journal of Legislation

No abstract provided.

The Court Must Play Its Interpretative Role: Defending The Defend Trade Secrets Act’S Extraterritorial Reach, Jada M. Colon

The University of Cincinnati Intellectual Property and Computer Law Journal

The exact reach of the Defend Trade Secrets Act’s extraterritoriality provision has yet to be interpreted by the courts. If United States securities, trademark, and antitrust law serves as any indication of what is to be expected, the Defend Trade Secrets Act may be subject to an inconsistent array of interpretation. When faced with interpreting the extraterritorial scope of the Defend Trade Secrets Act for the first time, the court must set a strong precedent by enacting a single, uniform effects test that will not falter when applied in different circumstances and by different circuits. Courts interpreting United States securities, …

“Private” Cybersecurity Standards? Cyberspace Governance, Multistakeholderism, And The (Ir)Relevance Of The Tbt Regime, Shin-Yi Peng

Cornell International Law Journal

We are now living in a hyper-connected world, with a myriad of devices continuously linked to the Internet. Our growing dependence on such devices exposes us to a variety of cybersecurity threats. This ever-increasing connectivity means that vulnerabilities can be introduced at any phase of the software development cycle. Cybersecurity risk management, therefore, is more important than ever to governments at all developmental stages as well as to companies of all sizes and across all sectors. The awareness of cybersecurity threats affects the importance placed on the use of standards and certification as an approach.

Accessible Reliable Tax Advice, Emily Cauble

University of Michigan Journal of Law Reform

Unsophisticated taxpayers who lack financial resources are disadvantaged by a shortage of adequate tax advice. The IRS does not have the resources to answer all questions asked, and the IRS’s informal advice comes with no guarantee as to its accuracy and offers the taxpayer no protection when it is mistaken. Furthermore, non-IRS sources of advice have not sufficiently filled the void left by a lack of satisfactory IRS guidance. These biases against unsophisticated taxpayers have been noted by existing literature. This Article contributes to existing literature by proposing several novel reform measures to assist unsophisticated taxpayers.

First, with respect to …

Artificially Intelligent Lawyers: Updating The Model Rules Of Professional Conduct In Accordance With The New Technological Era, Katherine Medianik

Cardozo Law Review

No abstract provided.

How Machines Learn: Where Do Companies Get Data For Machine Learning And What Licenses Do They Need?, Rachel Wilka, Rachel Landy, Scott A. Mckinney

Washington Journal of Law, Technology & Arts

Machine learning services ingest customer data in order to provide refined, customized services. Machine learning algorithms are increasingly prominent in multiple sectors within the software-as-a-service industry including online advertising, health diagnostics, and travel. However, very little has been written on the rights a company utilizing machine learning needs to obtain in order to use customer data to improve its own products or services. Machine learning encompasses multiple types of data use and analysis, including (a) supervised machine learning algorithms, which take specific data provided in a tagged and classified format to deliver specific predictable output; and (b) unsupervised machine learning …

Robots Welcome? Ethical And Legal Considerations For Web Crawling And Scraping, Zachary Gold, Mark Latonero

Washington Journal of Law, Technology & Arts

Web crawlers are widely used software programs designed to automatically search the online universe to find and collect information. The data that crawlers provide help make sense of the vast and often chaotic nature of the Web. Crawlers find websites and content that power search engines and online marketplaces. As people and organizations put an ever-increasing amount of information online, tech companies and researchers deploy more advanced algorithms that feed on that data. Even governments and law enforcement now use crawlers to carry out their missions. Despite the ubiquity of crawlers, their use is ambiguously regulated largely by online social …

Preface

Journal of Digital Forensics, Security and Law

No abstract provided.

Hierarchical Bloom Filter Trees For Approximate Matching, David Lillis, Frank Breitinger, Mark Scanlon

Journal of Digital Forensics, Security and Law

Bytewise approximate matching algorithms have in recent years shown significant promise in detecting files that are similar at the byte level. This is very useful for digital forensic investigators, who are regularly faced with the problem of searching through a seized device for pertinent data. A common scenario is where an investigator is in possession of a collection of "known-illegal" files (e.g. a collection of child abuse material) and wishes to find whether copies of these are stored on the seized device. Approximate matching addresses shortcomings in traditional hashing, which can only find identical files, by also being able to …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Testing Memory Forensics Tools For The Macintosh Os X Operating System, Charles B. Leopard, Neil C. Rowe, Michael R. Mccarrin

Journal of Digital Forensics, Security and Law

Memory acquisition is essential to defeat anti-forensic operating-system features and investigate cyberattacks that leave little or no evidence in secondary storage. The forensic community has developed tools to acquire physical memory from Apple’s Macintosh computers, but they have not much been tested. This work tested three major OS X memory-acquisition tools. Although the tools could capture system memory accurately, the open-source tool OSXPmem appeared advantageous in size, reliability, and support for memory configurations and versions of the OS X operating system.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Cover

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Subscription Information

Journal of Digital Forensics, Security and Law

No abstract provided.

Drone Forensic Analysis Using Open Source Tools, M A Hannan Bin Azhar, Thomas Edward Allen Barton, Tasmina Islam

Journal of Digital Forensics, Security and Law

Carrying capabilities of drones and their easy accessibility to public have led to an increase in crimes committed using drones in recent years. For this reason, the need for forensic analysis of drones captured from the crime scenes and the devices used for these drones is also paramount. This paper presents the extraction and identification of important artefacts from the recorded flight data as well as the associated mobile devices using open source tools and some basic scripts developed to aid the analysis of two popular drone systems- the DJI Phantom 3 Professional and Parrot AR. Drone 2.0. Although different …

Fintech's Double Edges, Christopher G. Bradley

Chicago-Kent Law Review

This symposium essay examines the double-edged nature of financial technologies in financial transactions, especially transactions involving consumers. There are both benefits and risks—often undiscovered or hidden at first—in each new round of financial technologies. A FinTech tool may benefit consumers and then, applied later or in a different context, threaten consumer interests; a tool that harms consumer interests may then lead to development of a tool that favors them. This double-edged nature is an important but unappreciated structural feature of financial technologies. From the perspective of consumer protection, then, FinTech can neither be fully embraced as friend nor restricted as …

The Rise Of Automated Investment Advice: Can Robo-Advisors Rescue The Retail Market?, Benjamin P. Edwards

Chicago-Kent Law Review

Different types of financial advisers serve the massive and widely dispersed retail investment market. In a market riddled with conflicts of interests, many advisers exploit retail customers by pitching suboptimal products, leading to lower investment returns and lower overall growth—but also to greater profits for the financial advisers collecting kickback-style commissions. New financial technology firms, commonly known as Robo-Advisers, may disrupt this market and these exploitative practices. Still, these potentially disruptive automated investment advice firms face significant regulatory risks.

Computer As Confidant: Digital Investment Advice And The Fiduciary Standard, Nicole G. Iannarone

Chicago-Kent Law Review

Digital investment advisers are the fastest growing segment of financial technology (fintech) and are disrupting traditional investment advisory delivery models. The computer-led investment advisory service model may be growing particularly quickly due to a confluence of social and political factors. Politicians and regulators have increasingly focused on the standards of care applicable to investment advice providers. Fewer Americans are ready for retirement and many lack access to affordable investment advice. At the same time, comfort with digital platforms have increased, with some preferring electronic interaction over human interaction. Claiming that they can democratize retirement service by pro- viding advice meeting …

Regtech, Compliance And Technology Judgement Rule, Nizan Geslevich Packin

Chicago-Kent Law Review

This Article focuses on the rise of Financial Technology, which revolutionized consumer financial service products, and challenged policymakers with regulating the rapidly evolving financial industry. In particular, it explores Regulatory Technology, also known as RegTech, which is the finance industry’s use of technology, especially information technology, in the context of regulatory monitoring, reporting and compliance. RegTech is designed to solve industry needs for a more effective and efficient way to automate corporate governance and compliance processes. Not only has FinTech proven to be a vital revenue source, especially in connection with lending or money transmission services, but it also helps …

Fintech: Antidote To Rent-Seeking?, Jeremy Kidd J.D., Ph.D

Chicago-Kent Law Review

Innovations in financial technology, or Fintech, has been ongoing for decades but has recently begun to accelerate. Some observers have argued that it will soon begin to outstrip the ability of regulators to keep pace. If those predictions are accurate, what would the world look like with a financial sector that cannot be effectively regulated? One possibility—drawn from public choice economics—is that rent-seeking will be inhibited or eliminated. Rent-seeking is the distortion of law and regulation for the benefit of special interests, who expend resources to guarantee those distortions in their favor. Rent-seeking is inefficient and inhibits growth and innovation, …