Open Access. Powered by Scholars. Published by Universities.®

Computer Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Discipline
Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2431 - 2460 of 4649

Full-Text Articles in Computer Law

Google And Search-Engine Market Power, Mark R. Patterson Jan 2013

Google And Search-Engine Market Power, Mark R. Patterson

Faculty Scholarship

A significant and growing body of commentary considers whether possible manipulation of search results by Google could give rise to antitrust liability. Surprisingly, though, little serious attention has been paid to whether Google has market power. Those who favor antitrust scrutiny of Google generally cite its large market share, from which they infer or assume its dominance. Those who are skeptical of competition law’s role in regulating search, on the other hand, usually cite Google’s 'competition is only a click away' mantra to suggest that Google’s market position is precarious. In fact, the issue of Google’s power is more complicated …

Go to article

From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers Jan 2013

From Peer-To-Peer Networks To Cloud Computing: How Technology Is Redefining Child Pornography Laws, Audrey Rogers

Elisabeth Haub School of Law Faculty Publications

This Article traces the history of the child pornography laws and sentencing policy in Part I. Part II explains the technologies that have caused some of the current controversies, and then Part III describes how these technologies have blurred the offenses. Finally, Part IV makes suggestions as to how the law could better reflect technology and comport with a refined harm rationale. Courts, legal scholars, and medical experts have explained the harm includes the sexual abuse captured in the images and the psychological injury the victim endures knowing the images are being viewed. This Article further develops the harm rationale …

Go to article

Information Privacy And Data Control In Cloud Computing: Consumers, Privacy Preferences, And Market Efficiency, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir Jan 2013

Information Privacy And Data Control In Cloud Computing: Consumers, Privacy Preferences, And Market Efficiency, Jay P. Kesan, Carol M. Hayes, Masooda N. Bashir

Washington and Lee Law Review

So many of our daily activities now take place “in the cloud,” where we use our devices to tap into massive networks that span the globe. Virtually every time that we plug into a new service, the service requires us to click the seemingly ubiquitous box indicating that we have read and agreed to the provider’s terms of service (TOS) and privacy policy. If a user does not click on this box, he is denied access to the service, but agreeing to these terms without reading them can negatively impact the user’s legal rights. As part of this work, we …

Go to article

Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online, Max Rothschild Jan 2013

Corporate Cyber-Censorship: The Problems With Freedom Of Expression Online, Max Rothschild

Canadian Journal of Law and Technology

This article will explore the problem of the applicability of human rights law to the corporate entities that own and enable the operation of the Internet. The focus will be the status of the right to freedom of expression online, and the different possibilities that have been suggested in order to ensure that users have and are able to exercise this right. As the Internet is a communicative tool that allows for an unprecedented global discourse, freedom of expression is naturally of primary importance in the online context.

Go to article

The Internet And How The Government Has Impacted Its Usage Today, Jonathan Hulse Jan 2013

The Internet And How The Government Has Impacted Its Usage Today, Jonathan Hulse

Senior Seminars

No abstract provided.

Go to article

When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman Jan 2013

When Autonomous Vehicles Take Over The Road: Rethinking The Expansion Of The Fourth Amendment In A Technology-Driven World, Rachael Roseman

Richmond Journal of Law & Technology

On a cool summer morning in upstate New York, a man sitting on his couch types in the coordinates to a warehouse in Virginia on his phone and presses “engage.” At that moment, the engine of a vehicle several miles away starts up, and the vehicle slowly backs out of the driveway. Without a driver or any occupants, the vehicle travels several hundred miles from the driveway in New York to the warehouse in Virginia. Meanwhile, the man who engaged the vehicle remains seated on his couch in upstate New York. The man has engaged an autonomous vehicle (AV), capable …

Go to article

Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme Jan 2013

Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme

Articles by Maurer Faculty

Cybersecurity threats pose challenges to individuals, corporations, states, and intergovernmental organizations. The emergence of these threats also presents international cooperation on security with difficult tasks. This essay analyzes how cybersecurity threats affect the North Atlantic Treaty Organization (NATO), which is arguably the most important collective defense alliance in the world.1 NATO has responded to the cyber threat in policy and operational terms (Part I), but approaches and shifts in cybersecurity policies create problems for NATO— problems that NATO principles, practices, and politics exacerbate in ways that will force NATO to address cyber threats more aggressively than it has done so …

Go to article

Copyright And The Fall Line, David Nimmer Jan 2013

Copyright And The Fall Line, David Nimmer

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Go to article

What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson Jan 2013

What Alex Kozinski And The Investigation Of Earl Bradley Teach About Searching And Seizing Computers And The Dangers Of Inevitable Discovery, Stephen E. Henderson

Faculty Articles

This paper tells two stories. One concerns the investigation of a Delaware physician named Earl B. Bradley that resulted in a conviction and sentence of fourteen consecutive life terms for the sexual abuse of children. The other concerns the computer problems, both judicial and extra-judicial, of Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit. Though in a sense unrelated, they share lessons about the practicalities of computers and their search that are worth telling. As courts continue to struggle with how to cabin the searches of computers in order to minimize privacy intrusion …

Go to article

Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee Jan 2013

Information Security Challenge Of Qr Codes, Nik Thompson, Kevin Lee

Journal of Digital Forensics, Security and Law

The discipline of information security must adapt to new technologies and methods of interaction with those technologies. New technologies present both challenges and opportunities for the security professional, especially for areas such as digital forensics. Challenges can be in the form of new devices such as smartphones or new methods of sharing information, such as social networks. One such rapidly emerging interaction technology is the use of Quick Response (QR) codes. These offer a physical mechanism for quick access to Web sites for advertising and social interaction. This paper argues that the common implementation of QR codes potentially presents security …

Go to article

Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen Jan 2013

Measuring Inconsistency Methods For Evidentiary Value, Fred Cohen

Journal of Digital Forensics, Security and Law

Many inconsistency analysis methods may be used to detect altered records or statements. But for admission as evidence, the reliability of the method has to be determined and measured. For example, in China, for evidence to be admitted, it has to have 95% certainty of being correct,1 and that certainty must be shown to the court, while in the US, evidence is admitted if it is more probative than prejudicial (a >50% standard).2 In either case, it is necessary to provide a measurement of some sort in order to pass muster under challenges from the other side. And in most …

Go to article

Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle Jan 2013

Technology Corner Visualising Forensic Data: Evidence (Part 1), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example: network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Go to article

How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw Jan 2013

How Often Is Employee Anger An Insider Risk I? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research introduced two new scales for the identification and measurement of negative sentiment and insider risk in communications in order to examine the unexplored relationship between these two constructs. The inter-rater reliability and criterion validity of the Scale of Negativity in Texts (SNIT) and the Scale of Insider Risk in Digital Communications (SIRDC) were established with a random sample of email from the Enron archive and criterion measures from established insiders, disgruntled employees, suicidal, depressed, angry, anxious, and other sampled groups. In addition, the sensitivity of the scales to changes over time as the risk of digital attack increased …

Go to article

Table Of Contents Jan 2013

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Go to article

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle Jan 2013

Technology Corner: Visualising Forensic Data: Evidence Guidelines (Part 2), Damian Schofield, Ken Fowle

Journal of Digital Forensics, Security and Law

Visualisation is becoming increasingly important for understanding information, such as investigative data (for example: computing, medical and crime scene evidence) and analysis (for example, network capability assessment, data file reconstruction and planning scenarios). Investigative data visualisation is used to reconstruct a scene or item and is used to assist the viewer (who may well be a member of the general public with little or no understanding of the subject matter) to understand what is being presented. Analysis visualisations, on the other hand, are usually developed to review data, information and assess competing scenario hypotheses for those who usually have an …

Go to article

How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw Jan 2013

How Often Is Employee Anger An Insider Risk Ii? Detecting And Measuring Negative Sentiment Versus Insider Risk In Digital Communications–Comparison Between Human Raters And Psycholinguistic Software, Eric Shaw, Maria Payri, Michael Cohn, Ilene R. Shaw

Journal of Digital Forensics, Security and Law

This research uses two recently introduced observer rating scales, (Shaw et al., 2013) for the identification and measurement of negative sentiment (the Scale for Negativity in Text or SNIT) and insider risk (Scale of Indicators of Risk in Digital Communication or SIRDC) in communications to test the performance of psycholinguistic software designed to detect indicators of these risk factors. The psycholinguistic software program, WarmTouch (WT), previously used for investigations, appeared to be an effective means for locating communications scored High or Medium in negative sentiment by the SNIT or High in insider risk by the SIRDC within a randomly selected …

Go to article

Trends In Android Malware Detection, Kaveh Shaerpour, Ali Dehghantanha, Ramlan Mahmod Jan 2013

Trends In Android Malware Detection, Kaveh Shaerpour, Ali Dehghantanha, Ramlan Mahmod

Journal of Digital Forensics, Security and Law

This paper analyzes different Android malware detection techniques from several research papers, some of these techniques are novel while others bring a new perspective to the research work done in the past. The techniques are of various kinds ranging from detection using host based frameworks and static analysis of executable to feature extraction and behavioral patterns. Each paper is reviewed extensively and the core features of each technique are highlighted and contrasted with the others. The challenges faced during the development of such techniques are also discussed along with the future prospects for Android malware detection. The findings of the …

Go to article

Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko Jan 2013

Risk Management Of Email And Internet Use In The Workplace, John Ruhnka, Windham E. Loopesko

Journal of Digital Forensics, Security and Law

The article surveys the changing risk environment for corporations from their employees’ electronic communications. It identifies the types of liabilities that corporations can incur from such employee communications. It discusses the objectives of corporate internet use policies and the types of provisions such policies should contain. It suggests an alternative risk-based approach to corporate acceptable use policies instead of a traditional “laundry list” of internet use prohibitions.

Go to article

Table Of Contents Jan 2013

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Go to article

Analysis Of A Second Hand Google Mini Search Appliance, Stephen Larson Jan 2013

Analysis Of A Second Hand Google Mini Search Appliance, Stephen Larson

Journal of Digital Forensics, Security and Law

Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data (LaTulippe, 2011). One of these solutions is commonly known as a search appliance. Search appliances have been used in e-discovery for several years. The Google Mini Search Appliance (Mini) has not only been used for e-discovery, but for indexing and searching internal documents. To accomplish these tasks, search …

Go to article

System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter Jan 2013

System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter

Journal of Digital Forensics, Security and Law

Graphic design applications are often used for the editing and design of digital art. The same applications can be used for creating counterfeit documents such as identity documents (IDs), driver’s licences, passports, etc. However, the use of any graphic design application leaves behind traces of digital information that can be used during a digital forensic investigation. Current digital forensic tools examine a system to find digital evidence, but they do not examine a system specifically for the creating of counterfeit documents created through the use of graphic design applications. The paper in hand reviews the system-generated digital forensic evidence gathered …

Go to article

Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor Jan 2013

Streaming While Teaching: The Legality Of Using Person Streaming Video Accounts For The Classroom, Jonathan I. Ezor

Scholarly Works

Educators are constantly seeking new sources of relevant material to illustrate doctrinal and practice topics. With the growing understanding of students’ different learning styles, as well as the expansion of high-speed network connections and large displays in the classroom, streaming video has begun gaining popularity as an educational tool. Films, television programs, and real-time and archived legislative and court sessions may provide examples (both positive and negative) to enhance pedagogy. One increasingly common source for streaming content is a commercial video provider such as Netflix, Amazon, and Hulu. Even where such providers do not offer educational or institutional services, educators …

Go to article

Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon Jan 2013

Databases Lie! Successfully Managing Structured Data, The Oft-Overlooked Esi, Conrad Jacoby, Jim Vint, Michael Simon

Richmond Journal of Law & Technology

Legal professionals regularly advise clients to ensure that the storage, retention, and accessibility of their Electronically-Stored Information (“ESI”) is in full compliance with all legal and regulatory requirements in the event this information becomes relevant in civil, criminal, or regulatory disputes. However, what many practitioners may not realize is that the ESI that clients are required to produce for e- discovery includes both “unstructured” and “structured” data. Searching and producing only one of these types of ESI may well not fully satisfy a client’s full discovery obligations. Even worse, it might not present a full understanding of the factual issues …

Go to article

Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong Jan 2013

Leap-Ahead Privacy As A Government Responsibility In The Digital Age, David G. Delaney, Ivan K. Fong

Articles by Maurer Faculty

No abstract provided.

Go to article

The Business Of Privacy, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson Jan 2013

The Business Of Privacy, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Go to article

Face-To-Data -- Another Developing Privacy Threat?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson Jan 2013

Face-To-Data -- Another Developing Privacy Threat?, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Go to article

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah Jan 2013

Adequate Attribution: A Framework For Developing A National Policy For Private Sector Use Of Active Defense, Shane Mcgee, Randy V. Sabett, Anand Shah

Journal of Business & Technology Law

No abstract provided.

Go to article

Machine Speech, Tim Wu Jan 2013

Machine Speech, Tim Wu

Faculty Scholarship

Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend books. In the process, computers reason through automated algorithms and constantly send and receive information, sometimes in ways that mimic human expression. When can such communications, called here “algorithmic outputs,” claim First Amendment protection?

Go to article

Privacy And Publicly Available Personal Information, Teresa Scassa Jan 2013

Privacy And Publicly Available Personal Information, Teresa Scassa

Canadian Journal of Law and Technology

This article begins with a review of the structure of PIPEDA in order to situate the exception within its statutory context. This is followed by a detailed consideration of the exception for publicly available information. The article then offers a discussion of whether the scope of this exception should be expanded, and offers an alternative.

Go to article

Agriculture Under Threat - A Crisis Of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels From Zero To Zero++, Mark Perry, Ramesh Karky Jan 2013

Agriculture Under Threat - A Crisis Of Confidence? The Solution: Redefine Adventitious Presence Maximum Levels From Zero To Zero++, Mark Perry, Ramesh Karky

Canadian Journal of Law and Technology

The issue of Adventitious Presence (AP) of genes, those that are not “naturally” present in food and crops but rather have been placed there using recombinant deoxyribonucleic acid (DNA) technology, has become a hot issue for producers and consumers. It can also be a major problem for exporters. Part of this problem is the reality that zero presence is now impossible to guarantee in some crops and products. Pressure has arisen to establish a Low Level Presence (LLP) threshold, one that is above zero, to be determined at an international level. This would allow crops to be imported and exported …

Go to article

First Prev Next Last