Computer Law Commons^™

Open Forensic Devices, Lee Tobin, Pavel Gladyshev

Journal of Digital Forensics, Security and Law

Cybercrime has been a growing concern for the past two decades. What used to be the responsibility of specialist national police has become routine work for regional and district police. Unfortunately, funding for law enforcement agencies is not growing as fast as the amount of digital evidence. In this paper, we present a forensic platform that is tailored for cost effectiveness, extensibility, and ease of use. The software for this platform is open source and can be deployed on practically all commercially available hardware devices such as standard desktop motherboards or embedded systems such as Raspberry Pi and Gizmosphere’s Gizmo …

The Use Of Ontologies In Forensic Analysis Of Smartphone Content, Mohammed Alzaabi, Thomas A. Martin, Kamal Taha, Andy Jones

Journal of Digital Forensics, Security and Law

Digital forensics investigators face a constant challenge in keeping track with evolving technologies such as smartphones. Analyzing the contents of these devices to infer useful information is becoming more time consuming as the volume and complexity of data are increasing. Typically, such analysis is undertaken by a human, which makes it dependent on the experience of the investigator. To overcome such impediments, an automated technique can be utilized in order to aid the investigator to quickly and eciently analyze the data.In this paper, we propose F-DOS; a set of ontologies that models the smartphone content for the purpose of forensic …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A 3-D Stability Analysis Of Lee Harvey Oswald In The Backyard Photo, Srivamshi Pittala, Emily Whiting, Hany Farid

Journal of Digital Forensics, Security and Law

Fifty years have passed since the assassination of U.S. President Kennedy. Despite the long passage of time, it is still argued that the famous backyard photo of Oswald, holding the same type of rifle used to assassinate the President, is a fake. These claims include, among others, that Oswald’s pose in the photo is physically implausible. We describe a detailed 3-D stability analysis to determine if this claim is warranted.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The Multiplicity Of Copyright Laws On The Internet, Marketa Trimble

Scholarly Works

From the early days of the Internet, commentators have warned that it would be impossible for those who act on the Internet (“Internet actors”) to comply with the copyright laws of all Internet-connected countries if the national copyright laws of all those countries were to apply simultaneously to Internet activity. A multiplicity of applicable copyright laws seems plausible at least when the Internet activity is ubiquitous — i.e., unrestricted by geoblocking or by other means — given the territoriality principle that governs international copyright law and the choice-of-law rules that countries typically use for copyright infringements.

This Article posits that …

Cyber Risks: Emerging Risk Management Concerns For Financial Institutions, Kristin N. Johnson

Georgia Law Review

Rumors posit that, within the last two years, hackers caused outages, disrupting service for the two largest securities exchanges in the world-the NASDAQ and the New York Stock Exchange.

Disappointingly, regulatory reform is often backward-looking. While regulators toil to implement rules to prevent the last crisis from reocurring, new and more perilous threats evade detection. With increasing frequency, cyberattacks threaten critical infrastructure resources such as nuclear centrifuges, electrical grids, and air defense systems. Cyberattacks pose a burgeoning and underexplored universe of emerging concerns impacting areas as diverse as big-box retail stores, casual-dining chains, online retail auctions, and national security. Even …

Gigabit Internet In Seattle, Sam Méndez

Technology Law and Public Policy Clinic

On December 13, 2012 then-Mayor Mike McGinn announced a partnership between the City of Seattle, the University of Washington, and a company called Gigabit Squared that was to bring ultra high speed Internet connections to twelve neighborhoods within Seattle.1 Called Gigabit Seattle, the plan promised a fiber-to-the-premises (FTTP) network to 50,000 city households and businesses, serving over 100,000 residents.2 The letter of intent between the city and Gigabit Squared stated the company would seek $25 million in capital with the network built and operational within 24 months that would provide connection speeds to customers of up to 1000 megabits per …

Crytographic Currencies From A Tech-Policy Perspective: Policy Issues And Technical Directions, Emily Mcreynolds, Adam Learner, Will Scott, Franziska Roesner, Tadayoshi Kohno

Tech Policy Lab

We study legal and policy issues surrounding crypto currencies, such as Bitcoin, and how those issues interact with technical design options. With an interdisciplinary team, we consider in depth a variety of issues surrounding law, policy, and crypto currencies—such as the physical location where a crypto currency’s value exists for jurisdictional and other purposes, the regulation of anonymous or pseudonymous currencies, and challenges as virtual currency protocols and laws evolve. We reflect on how different technical directions may interact with the relevant laws and policies, raising key issues for both policy experts and technologists.

Cover Letter, Laura M. Bedson

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its fourth and final issue of the Twenty-First Volume. At its inception in 1995 JOLT became the first law review to be published exclusively online. From this moment on, the Journal has continued to set trends in the legal scholarship 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. The articles in this fourth issue are no exception. Each of the following articles present exciting discussions on cutting-edge areas of …

Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber

Richmond Journal of Law & Technology

Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”

"Records Management Law" - A Necessary Major Field Of The Practice Of Law, Ken Chasse

Canadian Journal of Law and Technology

‘‘Records management law” will be a necessary area of specialization because: (1) electronic records are now produced by most commercial, communication, transmission of data, and social, formal, and semi-formal interactions; (2) therefore they are the foundation of many kinds of legislation; (3) records are the most frequently used kind of evidence in legal proceedings; and, (4) electronic records are as important to daily living as are motor vehicles, and will become more important. But the legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence is very inadequate because it ignores these facts: …

Technological Neutrality Explained & Applied To Cbc V. Sodrac, Cameron J. Hutchison

Canadian Journal of Law and Technology

This article explores technological neutrality in the factual context of CBC v. SODRAC, heard before the Supreme Court of Canada in March of 2015 with decision pending at the time of publication. After outlining the history of the case in the first part, this article concludes with an application of the principle of technological neutrality, as non-interference, to the case. The only result coherent with the Supreme Court’s prior case law is to not treat non-usable or dormant incidental copies as reproductions under the Act. The status of permanent copies that serve a useful and identifiable purpose, e.g. archived copies, …

Disruption And Deference, Olivier Sylvain

Faculty Scholarship

Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …

Project Maelstrom: Forensic Analysis Of The Bittorrent-Powered Browser, Jason Farina, M-Tahar Kechadi, Mark Scanlon

Journal of Digital Forensics, Security and Law

In April 2015, BitTorrent Inc. released their distributed peer-to-peer powered browser, Project Maelstrom, into public beta. The browser facilitates a new alternative website distribution paradigm to the traditional HTTP-based, client-server model. This decentralised web is powered by each of the visitors accessing each Maelstrom hosted website. Each user shares their copy of the website;s source code and multimedia content with new visitors. As a result, a Maelstrom hosted website cannot be taken offline by law enforcement or any other parties. Due to this open distribution model, a number of interesting censorship, security and privacy considerations are raised. This paper explores …

Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri

Scholarly Articles

When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.

Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé

Articles, Book Chapters, & Popular Press

This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.

The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney

Articles, Book Chapters, & Popular Press

Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …

Identification And Exploitation Of Inadvertent Spectral Artifacts In Digital Audio, N. C. Donnangelo, W. S. Kuklinski, R. Szabo, R. A. Coury, G. R. Hamshar

Journal of Digital Forensics, Security and Law

We show that modulation products from local oscillators in a variety of commercial camcorders are coupled into the recorded audio track, creating narrow band time invariant spectral features. These spectral features, left largely intact by transcoding, compression and other forms of audiovisual post processing, can encode characteristics of specific camcorders used to capture the audio files, including the make and model. Using data sets both downloaded from YouTube and collected under controlled laboratory conditions we demonstrate an average probability of detection (Pd) approaching 0.95 for identification of a specific camcorder in a population of thousands of similar recordings, with a …

Computer Forensic Projects For Accountants, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Digital attacks on organizations are becoming more common and more sophisticated. Firms are interested in providing data security and having an effective means to respond to attacks. Accountants possess important investigative and analytical skills that serve to uncover fraud in forensic investigations. Some accounting students take courses in forensic accounting but few colleges offer a course in computer forensics for accountants. Educators wishing to develop such a course may find developing the curriculum daunting. A major element of such a course is the use of forensic software. This paper argues the importance of computer forensics to accounting students and offers …

Data Loss Prevention Management And Control: Inside Activity Incident Monitoring, Identification, And Tracking In Healthcare Enterprise Environments, Manghui Tu, Kimberly Spoa-Harty, Liangliang Xiao

Journal of Digital Forensics, Security and Law

As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent data breach. Among various threats, insider threats have been identified to be a major threat on data loss. Thus, effective mechanisms to control insider threats on data loss are urgently needed. The objective of this research is to address data loss prevention challenges in healthcare enterprise environment. First, a novel approach is provided to model internal threat, specifically inside activities. With inside activities modeling, data …

Rules Of Professional Responsibility In Digital Forensics: A Comparative Analysis, Filipo Sharevski

Journal of Digital Forensics, Security and Law

The consolidation of the rules of professional responsibility as recommended by the Committee on Identifying the Needs of Forensic Sciences Community (2009) accents the establishment of an uniform code of ethics emphasizing the importance of enforceability in strengthening the role the forensic science plays within the criminal justice system. Equally pertinent for the domain of digital forensics, this imperative entails a research commitment in comparing and contrasting the respective codes of ethics to illustrate their “variety, specificity and enforceability” in order to inform the discussion on the regulative aspects of the digital forensic discipline. Accordingly, this paper reviews the professional …

On The Network Performance Of Digital Evidence Acquisition Of Small Scale Devices Over Public Networks, Irvin Homem, Spyridon Dosis

Journal of Digital Forensics, Security and Law

While cybercrime proliferates – becoming more complex and surreptitious on the Internet – the tools and techniques used in performing digital investigations are still largely lagging behind, effectively slowing down law enforcement agencies at large. Real-time remote acquisition of digital evidence over the Internet is still an elusive ideal in the combat against cybercrime. In this paper we briefly describe the architecture of a comprehensive proactive digital investigation system that is termed as the Live Evidence Information Aggregator (LEIA). This system aims at collecting digital evidence from potentially any device in real time over the Internet. Particular focus is made …

The "Bring Your Own Device" Conundrum For Organizations And Investigators: An Examination Of The Policy And Legal Concerns In Light Of Investigatory Challenges, Carla J. Utter, Alan Rea

Journal of Digital Forensics, Security and Law

In recent years, with the expansion of technology and the desire to downsize costs within the corporate culture, the technology trend has steered towards the integration of personally owned mobile devices (i.e. smartphones) within the corporate and enterprise environment. The movement, known as “Bring Your Own Device” (hereinafter referred to as “BYOD”), seeks to minimize or eliminate the need for two separate and distinct mobile devices for one employee. While taken at face value this trend seems favorable, the corporate policy and legal implications of the implementation of BYOD are further complicated by significant investigatory issues that far outweigh the …

Plc Forensics Based On Control Program Logic Change Detection, Ken Yau, Kam-Pui Chow

Journal of Digital Forensics, Security and Law

Supervisory Control and Data Acquisition (SCADA) system is an industrial control automated system. It is built with multiple Programmable Logic Controllers (PLCs). PLC is a special form of microprocessor-based controller with proprietary operating system. Due to the unique architecture of PLC, traditional digital forensic tools are difficult to be applied. In this paper, we propose a program called Control Program Logic Change Detector (CPLCD), it works with a set of Detection Rules (DRs) to detect and record undesired incidents on interfering normal operations of PLC. In order to prove the feasibility of our solution, we set up two experiments for …

Factors Influencing Digital Forensic Investigations: Empirical Evaluation Of 12 Years Of Dubai Police Cases, Ibtesam Alawadhi, Janet C. Read, Andrew Marrington, Virginia N. L. Franqueira

Journal of Digital Forensics, Security and Law

In Digital Forensics, the number of person-hours spent on investigation is a key factor which needs to be kept to a minimum whilst also paying close attention to the authenticity of the evidence. The literature describes challenges behind increasing person-hours and identifies several factors which contribute to this phenomenon. This paper reviews these factors and demonstrates that they do not wholly account for increases in investigation time. Using real case records from the Dubai Police, an extensive study explains the contribution of other factors to the increase in person-hours. We conclude this work by emphasizing on several factors affecting the …

Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova

Journal of Digital Forensics, Security and Law

With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …

Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin

Journal of Digital Forensics, Security and Law

Hardware virtualization technologies play a significant role in cyber security. On the one hand these technologies enhance security levels, by designing a trusted operating system. On the other hand these technologies can be taken up into modern malware which is rather hard to detect. None of the existing methods is able to efficiently detect a hypervisor in the face of countermeasures such as time cheating, temporary self uninstalling, memory hiding etc. New hypervisor detection methods which will be described in this paper can detect a hypervisor under these countermeasures and even count several nested ones. These novel approaches rely on …

Data Extraction On Mtk-Based Android Mobile Phone Forensics, Joe Kong

Journal of Digital Forensics, Security and Law

In conducting criminal investigations it is quite common that forensic examiners need to recover evidentiary data from smartphones used by offenders. However, examiners encountered difficulties in acquiring complete memory dump from MTK Android phones, a popular brand of smartphones, due to a lack of technical knowledge on the phone architecture and that system manuals are not always available. This research will perform tests to capture data from MTK Android phone by applying selected forensic tools and compare their effectiveness by analyzing the extracted results. It is anticipated that a generic extraction tool, once identified, can be used on different brands …

Exploring The Use Of Plc Debugging Tools For Digital Forensic Investigations On Scada Systems, Tina Wu, Jason R.C. Nurse

Journal of Digital Forensics, Security and Law

The Stuxnet malware attack has provided strong evidence for the development of a forensic capability to aid in thorough post-incident investigations. Current live forensic tools are typically used to acquire and examine memory from computers running either Windows or Unix. This makes them incompatible with embedded devices found on SCADA systems that have their own bespoke operating system. Currently, only a limited number of forensics tools have been developed for SCADA systems, with no development of tools to acquire the program code from PLCs. In this paper, we explore this problem with two main hypotheses in mind. Our first hypothesis …