Computer Law Commons^™

Algorithmic Contracts, Lauren Henry Scholz

Scholarly Publications

Algorithmic contracts are contracts in which an algorithm determines a party’s obligations. Some contracts are algorithmic because the parties used algorithms as negotiators before contract formation, choosing which terms to offer or accept. Other contracts are algorithmic because the parties agree that an algorithm to be run at some time after the contract formation will serve as a gap-filler. Such agreements are already common in high speed trading of financial products and will soon spread to other contexts. However, contract law doctrine does not currently have a coherent approach to describing the creation and enforcement of algorithmic contracts. This Article …

Guardians Of The Galaxy Of Personal Data: Assessing The Threat Of Big Data And Examining Potential Corporate And Governmental Solutions, Timothy A. Asta

Florida State University Law Review

No abstract provided.

Electronic Social Media: Friend Or Foe For Judges, M. Sue Kurita

St. Mary's Journal on Legal Malpractice & Ethics

The use of electronic social communication has grown at a phenomenal rate. Facebook, the most popular social networking website, has over 1,968,000,000 users—a number that has exponentially grown since its inception in 2004. The number of judges accessing and using electronic social media (ESM) has also increased. However, unlike the general population, judges must consider constitutional, ethical, technical, and evidentiary implications when they use and access ESM. The First Amendment forbids “abridging the freedom of speech” and protects the expression of personal ideas, positions, and views. However, the American Bar Association’s Model Code of Judicial Conduct and the Texas Code …

Health Information Technology, E-Prescribing And Hurricane Katrina: Could Electronic Health Records Have Made A Difference, Robert Malone

Oklahoma Journal of Law and Technology

No abstract provided.

Health Information Technology And Hipaa: Can We Satisfy Security And Privacy Standards In The Digital Age, Robert Malone

Oklahoma Journal of Law and Technology

No abstract provided.

Health Information Technology: Transforming The Healthcare Industry For The 21st Century, Robert Malone

Oklahoma Journal of Law and Technology

No abstract provided.

Toward A Direct Functional Relationship Requirement For Claims To Software Encoded On A Computer-Readable Storage Medium: Rethinking In Re Beauregard In Response To The Uspto's Interim Guidelines Regarding The Patentability Of Data Signal Claims, Elizabeth A. Richardson

Oklahoma Journal of Law and Technology

No abstract provided.

Terms Of Service And The Computer Fraud And Abuse Act: A Trap For The Unwary?, David A. Puckett

Oklahoma Journal of Law and Technology

No abstract provided.

What Would Grandma Say? How To Respond When Cyber Hackers Reveal Private Information To The Public, Jason P. Ottomano

Cornell Law Review

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Possession Of Child Exploitation Material In Computer Temporary Internet Cache, Sungmi Park, Yunsik Jake Jang, Joshua I. James

Journal of Digital Forensics, Security and Law

When considering the possession of child exploitation material U.S. and German courts have the same focus, but slightly different interpretations. This slight difference in interpretation could mean that in one country a defendant will be found guilty of possession while in the other country he or she could be found not guilty. In this work we examine the standards courts in Germany and the United States have used to combat child pornography, and analyze the approaches specifically related to viewing and possession of CEM. A uniform solution is suggested that criminalizes “knowing access with the intention to view” as a …

Public Security & Digital Forensics In The United States: The Continued Need For Expanded Digital Systems For Security, Deborah G. Keeling, Michael Losavio

Journal of Digital Forensics, Security and Law

Digital Forensics is one of the latest challenges for the use of forensics in the investigative process in the United States. Some of the challenges are created by conditions and circumstances present for law enforcement around the world. However, many are unique to the United States and created by the standards of evidence within our courts, nature of our law enforcement organizations, and structure of our judicial and prosecutorial systems. It is essential for the preservation of public security and individual safety that competent systems of digital forensics are developed for law enforcement at all levels. The failure to do …

Analysis Of Security In Big Data Related To Healthcare, Isabel De La Torre, Begoña García-Zapirain, Miguel López-Coronado

Journal of Digital Forensics, Security and Law

Big data facilitates the processing and management of huge amounts of data. In health, the main information source is the electronic health record with others being the Internet and social media. Health-related data refers to storage in big data based on and shared via electronic means. Why are criminal organisations interested in this data? These organisations can blackmail people with information related to their health condition or sell the information to marketing companies, etc. This article analyses healthcare-related big data security and proposes different solutions. There are different techniques available to help preserve privacy such as data modification techniques, cryptographic …

Editorial

Journal of Digital Forensics, Security and Law

No abstract provided.

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

The Use Of Information Technologies To Combat Counterfeit Alcohol Products And Ensure The Right To Life In Russia, Pavel Syosoevich Pastukhov, Svetlana Polyakova, Evelina Frolovich

Journal of Digital Forensics, Security and Law

The paper is aimed to analyze implementation of an integrated information system that provides forecasting, monitoring, prevention and elimination of possible threats, such as violation of information support of public authorities, businesses and municipal services and others as well as control of elimination of consequences of emergency situations and offenses with integration under its control action information and control duty subsystems, control, municipal services for their operational cooperation in the interests of of the municipality. In particular, it consideres how this unified system is applied in accounting of production volume and turnover of ethyl alcohol, alcoholic and alcohol-containing products (USAIS) …

Security And The Transnational Information Polity, Michael M. Losavio, Adel Said Elmaghraby

Journal of Digital Forensics, Security and Law

Global information and communications technologies create criminal opportunities in which criminal violation and physical proximity are decoupled. As in all our endeavors, the good become the prey of the bad. Murderous and venal exploitation of ICT has followed from the inception of the Internet, threatening all the good it brings and the trust we need so badly as a people. As the work continues to expand the implementation of Smart Cities and the Internet of Things, there will be more opportunities for exploitation of these technologies. We examine the social and liberty risks our data and technology-driven responses may entail.

Annual Report, 2017, University Of Washington School Of Law

Tech Policy Lab

The Tech Policy Lab at the University of Washington has emerged as a leading resource for policymakers interested in wiser and more inclusive technology policy. This year the Lab built on its reputation for excellence in interdisciplinary research, published scholarship and tools to benefit tech policy, and had direct input into policymaking at multiple levels of government.

Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies

Indiana Journal of Global Legal Studies

To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.

Data For The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

These documents underlie and are cited in this empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 409 n.123 (2017), available at http://scholar.law.colorado.edu/articles/755/.

The ZIP file contains three files: one PDF document ("Tables for Charts 1-3"), and two SPSS files ("Data Archive" and "Syntax Archive" (SPSS version 24)). The "Syntax Archive" file may be viewed in a text editor (e.g., Notepad) as well as in SPSS.

Appendix B: The Algorithm As A Human Artifact: Implications For Legal [Re]Search, Susan Nevelow Mart

Research Data

This document, "Search Instructions for Algorithm Study," is an electronic Appendix B to, and is cited in, the empirical study: Susan Nevelow Mart, The Algorithm as a Human Artifact: Implications for Legal [Re]Search, 109 Law Libr. J. 387, 400 n.78 (2017), available at http://scholar.law.colorado.edu/articles/755/.

Reviving The Public Trustee Concept And Applying It To Information Privacy Policy, Priscilla M. Regan

Maryland Law Review

No abstract provided.

Averting Robot Eyes, Margot E. Kaminski, Matthew Rueben, William D. Smart, Cindy M. Grimm

Maryland Law Review

No abstract provided.

Penggunaan Prinsip De Minimis Pada Ciptaan Program Komputer Berdasarkan Undang-Undang No. 28 Tahun 2014 Tentang Hak Cipta, Kesuma Wardhana

Jurnal Hukum & Pembangunan

Based on Indonesia’s current law, computer program is considered as a copyrightable works in accordance to Act No. 28/2014, which has accommodated computer program as a unique works that needs its own kind of protection. The act in question, unfortunately, is far from perfect, and has its own shortcomings, particularly because it doesn’t regulate nor state what elements it’s supposed to protect. This research therefor hopes to create boundaries and approaches that can be used both on a copyright infringement cases and to create a better legislation concerning the protection of computer program by the use of the de minimis …

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …

Sql Injection: The Longest Running Sequel In Programming History, Matthew Horner, Thomas Hyslip

Journal of Digital Forensics, Security and Law

One of the risks to a company operating a public-facing website with a Structure Query Language (SQL) database is an attacker exploiting the SQL injection vulnerability. An attacker can cause an SQL database to perform actions that the developer did not intend like revealing, modifying, or deleting sensitive data. This can cause a loss of confidentiality, integrity, and availability of information in a company’s database, and it can lead to severe costs of up to $196,000 per successful injection attack (NTT Group, 2014). This paper discusses the history of the SQL injection vulnerability, focusing on:

• How an attacker can exploit …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A Power Grid Incident Identification Based On Physically Derived Cyber-Event Detection, Travis Atkison, Nathan Wallace

Journal of Digital Forensics, Security and Law

This article proposes a cyber-event detection framework to aid in incident Identification and digital forensics cases aimed at investigating cyber crime committed against the critical infrastructure power grid. However, unlike other similar investigative techniques, the proposed approach examines only the physical information to derive a cyber conclusion. The developed framework extracts information from the physical parameters stored in historical databases of SCADA systems. The framework uses a pseudo-trusted model derived from randomly selected power system observations found in the historical databases. Afterwards, a technique known as Bayesian Model Averaging is used to average the models and create a more trusted …

Towards A More Representative Definition Of Cyber Security, Daniel Schatz, Rabih Bashroush, Julie Wall

Journal of Digital Forensics, Security and Law

In recent years, ‘Cyber Security’ has emerged as a widely-used term with increased adoption by practitioners and politicians alike. However, as with many fashionable jargon, there seems to be very little understanding of what the term really entails. Although this is may not be an issue when the term is used in an informal context, it can potentially cause considerable problems in context of organizational strategy, business objectives, or international agreements. In this work, we study the existing literature to identify the main definitions provided for the term ‘Cyber Security’ by authoritative sources. We then conduct various lexical and semantic …