Computer Law Commons^™

Auditing Algorithms For Discrimination, Pauline Kim

Scholarship@WashULaw

This Essay responds to the argument by Joshua Kroll, et al., in Accountable Algorithms, 165 U.PA.L.REV. 633 (2017), that technical tools can be more effective in ensuring the fairness of algorithms than insisting on transparency. When it comes to combating discrimination, technical tools alone will not be able to prevent discriminatory outcomes. Because the causes of bias often lie, not in the code, but in broader social processes, techniques like randomization or predefining constraints on the decision-process cannot guarantee the absence of bias. Even the most carefully designed systems may inadvertently encode preexisting prejudices or reflect structural bias. For this …

Whither (Not Wither) Copyleft, Eben Moglen

Faculty Scholarship

This article contains an edited version of Professor Eben Moglen’s speech at the SFLC Fall Conference 2016. It explores the topic of Copyleft, enforcement and community engagement from the perspective of one of the key individuals in the rise of Free and Open Source Software from interesting idea to a central pillar of the global technology industry.

The Dark Side Of Social Media Romance: Civil Recourse For Catfish Victims, Armida Derzakarian

Loyola of Los Angeles Law Review

No abstract provided.

Front Matter

SMU Science and Technology Law Review

No abstract provided.

Enhanced Damages For Patent Infringement: A Normative Approach, Keith N. Hylton

Faculty Scholarship

This paper takes a normative approach to patent infringement damages. Its underlying premise is that the goal of a damages regime should be to maximize society's welfare. Patent damages should therefore balance society's interest in encouraging innovation against the need to regulate infringement incentives. This balancing approach generates an optimal standard for awarding enhanced damages and guidelines for determining the size of the damages multiplier. On the legal standard, the approach developed here illuminates the factors that should be taken into consideration in the enhancement analysis, and, more importantly, the reasons those factors should be considered. On the precise size …

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Faculty Scholarship

For the past thirty years, the general advice for those seeking to collect, use, and share people’s personal data in a responsible way was relatively straightforward: follow the fair information practices, often called the “FIPs.” These general guidelines were designed to ensure that data processors are accountable for their actions and that data subjects are safe, secure, and endowed with control over their personal information. The FIPs have proven remarkably sturdy against the backdrop of near-constant technological change. Yet in the age of social media, big data, and artificial intelligence, the FIPs have been pushed to their breaking point. We …

Every Algorithm Has A Pov, Susan Nevelow Mart

Publications

When legal researchers search in online databases for the information they need to solve a legal problem, they need to remember that the algorithms that are returning results to them were designed by humans. The world of legal research is a human-constructed world, and the biases and assumptions the teams of humans that construct the online world bring to the task are imported into the systems we use for research. This article takes a look at what happens when six different teams of humans set out to solve the same problem: how to return results relevant to a searcher’s query …

Research Algorithms Have A Point Of View: The Effect Of Human Decision Making On Your Search Results, Susan Nevelow Mart

Publications

No abstract provided.

The Impact Of Md5 File Hash Collisions On Digital Forensic Imaging, Gary C. Kessler

Journal of Digital Forensics, Security and Law

The Message Digest 5 (MD5) hash is commonly used as for integrity verification in the forensic imaging process. The ability to force MD5 hash collisions has been a reality for more than a decade, although there is a general consensus that hash collisions are of minimal impact to the practice of computer forensics. This paper describes an experiment to determine the results of imaging two disks that are identical except for one file, the two versions of which have different content but otherwise occupy the same byte positions on the disk, are the same size, and have the same hash …

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A New Distributed Chinese Wall Security Policy Model, Saad Fehis, Omar Nouali, Mohand-Tahar Kechadi

Journal of Digital Forensics, Security and Law

The application of the Chinese wall security policy model (CWSPM) to control the information flows between two or more competing and/or conflicting companies in cloud computing (Multi-tenancy) or in the social network, is a very interesting solution. The main goal of the Chinese Wall Security Policy is to build a wall between the datasets of competing companies, and among the system subjects. This is done by the applying to the subjects mandatory rules, in order to control the information flow caused between them. This problem is one of the hottest topics in the area of cloud computing (as a distributed …

Leveraging The Windows Amcache.Hve File In Forensic Investigations, Bhupendra Singh, Upasna Singh

Journal of Digital Forensics, Security and Law

The Amcache.hve is a registry hive file that is created by Microsoft® Windows® to store the information related to execution of programs. This paper highlights the evidential potential of Amcache.hve file and its application in the area of user activity analysis. The study uncovers numerous artifacts retained in Amcache.hve file when a user performs certain actions such as running host-based applications, installation of new applications, or running portable applications from external devices. The results of experiments demonstrate that Amcache.hve file stores intriguing artifacts related to applications such as timestamps of creation and last modification of any application; name, description, publisher …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Bloom Filters Optimized Wu-Manber For Intrusion Detection, Monther Aldwairi, Koloud Al-Khamaiseh, Fatima Alharbi, Babar Shah

Journal of Digital Forensics, Security and Law

With increasing number and severity of attacks, monitoring ingress and egress network traffic is becoming essential everyday task. Intrusion detection systems are the main tools for capturing and searching network traffic for potential harm. Signature-based intrusion detection systems are the most widely used, and they simply use a pattern matching algorithms to locate attack signatures in intercepted network traffic. Pattern matching algorithms are very expensive in terms of running time and memory usage, leaving intrusion detection systems unable to detect attacks in real-time. We propose a Bloom filters optimized Wu-Manber pattern matching algorithm to speed up intrusion detection. The Bloom …

The Impact Of Sha-1 File Hash Collisions On Digital Forensic Imaging: A Follow-Up Experiment, Gary C. Kessler

Journal of Digital Forensics, Security and Law

A previous paper described an experiment showing that Message Digest 5 (MD5) hash collisions of files have no impact on integrity verification in the forensic imaging process. This paper describes a similar experiment applied when two files have a Secure Hash Algorithm (SHA-1) collision.

The 2016 Analysis Of Information Remaining On Computer Hard Disks Offered For Sale On The Second Hand Market In The Uae, Thomas Martin, Andy Jones, Mohammed Alzaabi

Journal of Digital Forensics, Security and Law

This research describes our survey of data remaining on computer hard disks sold on the second hand market in the United Arab Emirates (UAE). This is a repetition of the first survey conducted in 2012 (Jones, Martin, & Alzaabi, 2012). Similar studies have been carried over the last ten years in the United Kingdom, Australia, USA, Germany and France: (Jones, Mee, Meyler, & Gooch, 2005), (Jones, Valli, Sutherland, & Thomas, 2006), (Jones, Valli, Dardick, & Sutherland, 2008), (Jones, Valli, Dardick, & Sutherland, 2009). This research was undertaken to gain insight into the volumes of data found on second-hand disks purchased …

A Survey Of Social Network Forensics, Umit Karabiyik, Muhammed Abdullah Canbaz, Ahmet Aksoy, Tayfun Tuna, Esra Akbas, Bilal Gonen, Ramazan S. Aygun

Journal of Digital Forensics, Security and Law

Social networks in any form, specifically online social networks (OSNs), are becoming a part of our everyday life in this new millennium especially with the advanced and simple communication technologies through easily accessible devices such as smartphones and tablets. The data generated through the use of these technologies need to be analyzed for forensic purposes when criminal and terrorist activities are involved. In order to deal with the forensic implications of social networks, current research on both digital forensics and social networks need to be incorporated and understood. This will help digital forensics investigators to predict, detect and even prevent …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Rwu First Amendment Blog: David Logan's Blog: When Facts And News Diverge 12-2-2016, David A. Logan

Law School Blogs

No abstract provided.

Mitigating Cyber Risk In It Supply Chains, Maureen Wallace

Global Business Law Review

This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector …

The Impact Of Technological Developments On The Rules Of Attorney Ethics Regarding Attorney–Client Privilege, Confidentiality, And Social Media, Pamela A. Bresnahan, Lucian T. Pera

St. Mary's Journal on Legal Malpractice & Ethics

This article focuses on the development of the law of ethics and technology. Emphasis is placed on how technological developments have affected the rules and means by which lawyers practice law and certain ethical pitfalls that have developed hand-in-hand with technological advancements. Topics examined include: (1) the ways by which electronic communication has increased the potential for the attorney–client privilege to be waived and the resulting impact on the present-day practice of law; (2) the effect of social media on lawyers’ ethical obligations, including counseling clients regarding the client’s use of social media and the lawyer’s own use of social …

Consenting To Computer Use, James Grimmelmann

Cornell Law Faculty Publications

The federal Computer Fraud and Abuse Act (CFAA) makes it a crime to “access a computer without authorization or exceed authorized access.” Courts and commentators have struggled to explain what types of conduct by a computer user are “without authorization.” But this approach is backwards; authorization is not so much a question of what a computer user does, as it is a question of what a computer owner allows.

In other words, authorization under the CFAA is an issue of consent, not conduct; to understand authorization, we need to understand consent. Building on Peter Westen’s taxonomy of consent, I argue …

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …

The Question Concerning Technology In Compliance, Sean J. Griffith

Brooklyn Journal of Corporate, Financial & Commercial Law

In this symposium Essay, I apply insights from philosophy and psychology to argue that modes of achieving compliance that focus on technology undermine, and are undermined by, modes of achieving compliance that focus on culture. Insisting on both may mean succeeding at neither. How an organization resolves this apparent contradiction in program design, like the broader question of optimal corporate governance arrangements, is highly idiosyncratic. Firms should therefore be accorded maximum freedom in designing their compliance programs, rather than being forced by enforcement authorities into a set of de facto mandatory compliance structures.

Like A Bad Neighbor, Hackers Are There: The Need For Data Security Legislation And Cyber Insurance In Light Of Increasing Ftc Enforcement Actions, Jennifer Gordon

Brooklyn Journal of Corporate, Financial & Commercial Law

Privacy has come to the forefront of the technology world as third party hackers are constantly attacking companies for their customers’ data. With increasing instances of compromised customer information, the Federal Trade Commission (FTC) has been bringing suit against companies for inadequate data security procedures. The FTC’s newfound authority to bring suit regarding cybersecurity breaches, based on the Third Circuit’s decision in FTC v. Wyndham Worldwide Corp., is a result of inaction—Congress has been unable to pass sufficient cybersecurity legislation, causing the FTC to step in and fill the void in regulation. In the absence of congressional action, this self-proclaimed …

The Cybersecurity Threat: Compliance And The Role Of Whistleblowers, Jennifer M. Pacella

Brooklyn Journal of Corporate, Financial & Commercial Law

In today’s technologically dependent world, concerns about cybersecurity, data breaches, and compromised personal information infiltrate the news almost daily. The Securities and Exchange Commission (SEC) has recently emerged as a regulator that is keenly focused on cybersecurity, specifically with respect to encouraging disclosures in this arena by regulated entities. Although the SEC has issued non-binding “guidance” to help companies navigate their reporting obligations in this sector, the agency lacks binding cybersecurity disclosure regulations as they pertain generally to public companies. Given that the SEC has already relied on such guidance in threatening enforcement actions, reporting companies are increasingly pressured for …

Preserving Human Agency In Automated Compliance, Onnig H. Dombalagian

Brooklyn Journal of Corporate, Financial & Commercial Law

As technology transforms financial services, so too must it transform the regulation of financial markets and intermediaries. The imperative of real-time, prophylactic regulation increasingly compels reallocation of regulatory and compliance budgets to surveillance and enforcement technology. At the same time, in light of the well-known weaknesses of automated systems, securities firms (and their regulators) must temper investment in automation with efforts to augment the agency of compliance professionals. This symposium contribution considers how investment in the professional development of compliance personnel can better integrate automated tools within established compliance and supervisory structures and thereby advance regulatory and operational objectives.

Designing Laboratories For Small Scale Digital Device Forensics, Richard P. Mislan, Tim Wedge

Annual ADFSL Conference on Digital Forensics, Security and Law

The ubiquity of small scale digital devices (SSDD), the public’s ever increasing societal dependence on SSDD, and the continual presence of SSDD at all types of crime scenes, including non-technical and violent crimes, demand a formalized curriculum for the education and training of future cyber forensic examiners. This paper presents the various SSDD forensics labs currently in use and under development for future use at the Purdue University Cyber Forensics Laboratory. The primary objective of each module is to provide specific real-world cases for the learning, comprehension, and understanding of hands-on investigative techniques and methodologies. The purpose of this paper …

Network Forensic Investigation Of Internal Misuse/Crime In Saudi Arabia: A Hacking Case, Abdulrazaq Al-Murjan, Konstantinos Xynos

Annual ADFSL Conference on Digital Forensics, Security and Law

There are ad-hoc guidelines and a limited policy on computer incident response that does not include computer forensic preparation procedures (e.g. logging incidents). In addition, these guidelines do not consider the requirement of Islamic law for admissible evidence at an organisational level in Saudi Arabia. Network forensic investigation might breach the Saudi law if they follow ad-hoc or international digital forensic standards such as Association of Chief Police Officers (ACPO) guidelines. This might put the organisation in a costly situation when a malicious employee sues an Islamic court. This is because the law of Saudi Arabia is complying with Islamic …