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Full-Text Articles in Computer Law

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela Jan 2015

The Fourth Amendment In The Digital Age Symposium, Braxton Marcela

Criminal Law Practitioner

No abstract provided.

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Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen Jan 2015

Amending Rape Shield Laws: Outdated Statutes Fail To Protect Victims On Social Media, 48 J. Marshall L. Rev. 1087 (2015), Sydney Janzen

UIC Law Review

This Comment will first discuss the discoverability and admissibility of social media evidence in criminal and/or civil sexual assault cases. Section II(A) provides a broad overview of both federal and state rape shield laws, including the legislative policies behind their enactments, as well as the modern expansion of social media in the context of the legal system. Section II(B) will address the modern utility of social media in the context of the legal system. Section III first analyzes how courts look at discoverability and admissibility of social media evidence generally, and then focuses on sexual assault cases specifically. Further, Section …

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Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa Jan 2015

Professional Video Gaming: Piracy That Pays, 49 J. Marshall L. Rev. 217 (2015), Elizabeth Brusa

UIC Law Review

This Comment will focus on the legal implications of end user gamers who profit from the infringing use of copyrighted video gameplay content.

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Table Of Contents Jan 2015

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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From The Editor-In-Chief, Ibrahim Baggili Jan 2015

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s second issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. In this issue, we continue our multidisciplinary tradition. The first paper, Two challenges of stealthy hypervisors detection: time cheating and data fluctuations, showcases an important contribution to the computing discipline. The use of virtualization has dramatically increased given our strong reliance on cloud services both private and public. Even though hypervisors enhance security, they can also be exploited by malware. Therefore, this paper is of importance given that it introduces a novel method …

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From The Editor-In-Chief, Ibrahim Baggili Jan 2015

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s first issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. It has been a big year for JDFSL as the journal continues to progress. We are continuing our indexing efforts for the journal and we are getting closer with some of the major databases.

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Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively Jan 2015

Can A One-Star Review Get You Sued? The Right To Anonymous Speech On The Internet And The Future Of Internet “Unmasking” Statutes, 48 J. Marshall L. Rev. 693 (2015), Jesse Lively

UIC Law Review

No abstract provided.

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The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick Jan 2015

The Federal Circuit And Ultramercial:Software And Business Method Patents Tumble Further Down The Rabbit Hole, Mark Patrick

American University Law Review

No abstract provided.

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Outsourcing, Data Insourcing, And The Irrelevant Constitution, Kimberly N. Brown Jan 2015

Outsourcing, Data Insourcing, And The Irrelevant Constitution, Kimberly N. Brown

Georgia Law Review

Long before revelations of the National Security Agency's data collection programs grabbed headlines, scholars and the press decried the burgeoning harms to privacy that metadata mining and new surveillance technologies present. Through publicly accessible social media sites, web-tracking technologies, private data mining consolidators, and its own databases, the government is just a mouse click away from a wealth of intimate personal information that was virtually inaccessible only a decade ago. At the heart of the conundrum is the government's ability to source an unprecedented amount of personal data from private third parties. This trail of digital information is being insourced …

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Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel Jan 2015

Did Copyright Kill The Radio Star? Why The Recorded Music Industry And Copyright Act Should Welcome Webcasters Into The Fold, 14 J. Marshall Rev. Intell. Prop. L. 292 (2015), Patrick Koncel

UIC Review of Intellectual Property Law

The Copyright Act has not kept pace with the times, and the next revolution is going full stream ahead. Rather than adapt, entrenched interests at the Copyright table push for more protection, while new technologies are demonized and underrepresented. The resulting Copyright Act’s provisions relating to internet-based radio, ranging from passive over-the-air broadcasts to fully interactive music hosting sites, are a patchwork of accommodations and concessions to these interests. For all non-interactive services, licensing music typically occurs within the Copyright Act’s compulsory licensing system. For interactive webcasters, licensing negotiations take place with the copyright holders directly. These negotiations have proven …

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The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester Jan 2015

The Conflict Between An Athlete’S Right Of Publicity And The First Amendment, 15 J. Marshall Rev. Intell. Prop. L. 117 (2015), Edward Kuester

UIC Review of Intellectual Property Law

The recent rise of fantasy sports has created a conflict between an athlete’s right of publicity and the First Amendment of the Constitution. The legal question being discussed is whether athletes have a right of publicity in their identity, specifically their performance statistics and biographical information. If a right of publicity violation does exist, courts will have to determine whether a fantasy provider’s First Amendment privilege can prevail against an athlete’s publicity rights. This comment examines recent litigation surrounding athletes’ identities and the problems courts have in balancing the conflict between an athlete’s right of publicity and the First Amendment. …

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On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow Jan 2015

On Designation Of North Korea As A State Sponsor Of Cyberterrorism, Justin L. Koplow

SMU Science and Technology Law Review

No abstract provided.

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Countering Islamic State Exploitation Of The Internet, David P. Fidler Jan 2015

Countering Islamic State Exploitation Of The Internet, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Hacking The Wealth Of Nations: Managing Markets Amid Malware, David P. Fidler Jan 2015

Hacking The Wealth Of Nations: Managing Markets Amid Malware, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler Jan 2015

Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

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Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle Jan 2015

Furtive Encryption: Power, Trusts, And The Constitutional Cost Of Collective Surveillance, Jeffrey L. Vagle

Indiana Law Journal

Recent revelations of heretofore secret U.S. government surveillance programs have sparked national conversations about their constitutionality and the delicate balance between security and civil liberties in a constitutional democracy. Among the revealed policies asserted by the National Security Agency (NSA) is a provision found in the “minimization procedures” required under section 702 of the Foreign Intelligence Surveillance Act of 1978. This provision allows the NSA to collect and keep indefinitely any encrypted information collected from domestic communications—including the communications of U.S. citizens. That is, according to the U.S. government, the mere fact that a U.S. citizen has encrypted her electronic …

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An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock Jan 2015

An Introduction To The Intellectual Property Law Implications Of 3d Printing, Michael Rimock

Canadian Journal of Law and Technology

Put simply, 3D printing allows people to print physical objects that are scanned, downloaded, or created digitally. There are an astonishing number of uses, benefits, and advantages associated with 3D printing. However, as with any new technology with so much potential, 3D printing presents a number of threats and challenges to many who benefit from the way manufacturing currently operates. While 3D printers will likely have a tremendous economic and socio- cultural impact, the following will provide an overview of some of its implications relating to intellectual property law. I will begin by briefly discussing the history of 3D printing …

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An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred Jan 2015

An Uneasy Balance: Personal Information And Crowdfunding Under The Jobs Act, Brice Kindred

Richmond Journal of Law & Technology

“Crowdfunding” is the raising of small amounts of money from many different sources for a particular purpose. Today, this usually takes place online.2 Crowdfunding has become a popular means of raising funds for a wide variety of projects, causes, and business ventures. Websites like Kickstarter, Indiegogo, and Crowdfunder allow people to create a profile for their project and solicit contributions from the general public in support.

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Cover Letter, Catherine Meade Gray Jan 2015

Cover Letter, Catherine Meade Gray

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its third issue of the Twenty-First Volume, our Annual Survey. This issue is published in conjunction with JOLT’s Symposium, “Who’s Looking At Your Mobile Device? Data Security, Personal Privacy, and Information Governance in the Wireless World.” As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the …

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The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker Jan 2015

The Big Data Collection Problem Of Little Mobile Devices, Michael Arnold, Dennis R. Kiker

Richmond Journal of Law & Technology

There should be little question that mobile device-based data are discoverable if relevant. However, as was the case with ordinary computer-based data a decade or more ago, there is a tendency to believe that there is only one way to collect such data—“forensically.”

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Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton Jan 2015

Kill The Dinosaurs, And Other Tips For Achieving Technical Competence In Your Law Practice, Antigone Peyton

Richmond Journal of Law & Technology

It is a challenge to practice law in the digital age. This is particularly true when a practice involves significant e-Discovery, Intellectual Property, and technology law—areas in which technical issues merge with legal ones. One of the major challenges of bringing a law practice up to twenty-first-century standards relates to dinosaur thoughts, a.k.a. an “old ways are best” mentality.

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Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles Jan 2015

Wherever You Go, There You Are (With Your Mobile Device): Privacy Risks And Legal Complexities Associated With International ‘Bring Your Own Device’ Programs, Melinda L. Mclellan, James A. Sherer, Emily R. Fedeles

Richmond Journal of Law & Technology

The cross-use of mobile devices for personal and professional purposes—commonly referred to as “Bring Your Own Device” or “BYOD” for short—has created a new backdrop for doing business that was scarcely imaginable even ten years ago.

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Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague Jan 2015

Welcome To The Machine: Privacy And Workplace Implications Of Predictive Analytics, Robert Sprague

Richmond Journal of Law & Technology

Privacy is not simply an absence of information about us in the minds of others; rather it is the control we have over information about ourselves. The volume of information that people create themselves—the full range of communications from voice calls, e-mails and texts to uploaded pictures, video, and music—pales in comparison to the amount of digital information created about them each day.

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Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes Jan 2015

Mlat Jiu-Jitsu And Tor: Mutual Legal Assistance Treaties In Surveillance, Sarah Cortes

Richmond Journal of Law & Technology

A corrupt Australian Law Enforcement Agency (LEA) wishes to track the communications of a journalist who has published leaked whistleblowing documents from a confidential source, revealing the Australian LEA's complicity in illegal narcotics activity. The target journalist lives in New York and is a U.S. citizen. She opens her laptop, goes online and fires up Tor Browser. She is communicating with her whistleblowing source in Australia, who faces death if his identity is uncovered. Her communication and network traffic passes through Tor relays in Canada, Finland, and Malaysia before arriving at her source in Australia.

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Cover Letter, Laura M. Bedson Jan 2015

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its second issue of the Twenty-First Volume. As one of the leading publications in the legal technology field, JOLT has the privilege of publishing articles that address topics at the forefront of the law. From the Journal’s inception in 1995, JOLT has strived to be a step ahead of these laws in an effort to help shape the emerging legal landscape. Additionally, JOLT recognizes the practical benefit that many of its articles have on legal professionals and we publish articles with this goal in mind. The following articles …

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Are Mobile Device Examinations Practiced Like 'Forensics'?, Gary Kessler Jan 2015

Are Mobile Device Examinations Practiced Like 'Forensics'?, Gary Kessler

Publications

"Mobile device forensics is sometimes disparaged as not really being ‘forensics.’ This paper discusses the relationship between digital forensics and other forensic sciences, and the relationship of mobile device forensics to the broader field of digital forensics. It specifically addresses the question of whether mobile device forensics processes – and practices – rise to the level of suitable forensics quality."

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Signing Your Next Deal With Your Twitter @Username: The Legal Uses Of Identity-Based Cryptography, Jillian Friedman Jan 2015

Signing Your Next Deal With Your Twitter @Username: The Legal Uses Of Identity-Based Cryptography, Jillian Friedman

Canadian Journal of Law and Technology

This article will look at the legal framework for electronic signatures under Canadian law and through the UNCITRAL Model Law on Electronic Signatures and evaluate the potential use of identity-based cryptography as a type of electronic signature. While most jurisdictions permit electronic signatures to replace their handwritten predecessors, the criteria of validity for an electronic signature range from liberal to restrictive. Public key infrastructure (PKI) cryptography schemes are considered to meet the juridical conditions of a legal signature under more rigorous legislation that requires an electronic signature to possess certain security attributes. In common law jurisdictions, digital signature schemes such …

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Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma Jan 2015

Litigation Holds: Past, Present, And Future Directions, Milton Luoma, Vicki M. Luoma

Journal of Digital Forensics, Security and Law

Electronically Stored Information (ESI) first became a serious litigation issue in the late 1990s, and the first attempts to determine best practices did not occur until the early 2000s. As best practices developed, the litigation hold to prevent routine destruction of documents and to preserve documents relevant to litigation came into existence. The duty to preserve ESI is triggered when litigation is reasonably anticipated. All information that relates to potential litigation must be preserved from the time it becomes reasonably apparent that litigation is possible until the expiration of the statute of limitations. If steps are not taken to properly …

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To License Or Not To License Reexamined: An Updated Report On State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Alan Rea, Doug White Jan 2015

To License Or Not To License Reexamined: An Updated Report On State Statutes Regarding Private Investigators And Digital Examiners, Thomas Lonardo, Alan Rea, Doug White

Journal of Digital Forensics, Security and Law

In this update to the 2012 year's study, the authors examine statutes that regulate, license, and enforce investigative functions in each US state. As before, the authors find that very few state statutes explicitly differentiate between Private Investigators and Digital Examiners. There is a small trend in which some states are changing definitions or moving to exempt DE from PI licensing requirements. However, we look at some additional information in terms of practicing attorney exemptions that may cloud the licensing waters.

As with the previous research studies (Lonardo et al., 2008, 2009, 2012) the authors contacted all state regulatory agencies …

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Table Of Contents Jan 2015

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

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