Computer Law Commons^™

Why Copyright Falls Behind The Requirement For Protecting Graphic User Interfaces: Case Studies On Limitations Of Copyright Protection For Guis In China, Ling Jin, Yihong Ying

IP Theory

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

A Modest Proposal For Human Limitations On Cyberdiscovery, Richard Esenberg

Florida Law Review

Many lawyers, whether by training or disposition, have come to regard discovery as a process in which no stone is to be left unturned. With the advent of electronically stored information, the stones have become too numerous to account. Discovery rules that seek the perfection of preserving and producing all potentially pertinent information have become the enemy of the good. This article calls for a more pragmatic—and modest—approach.

The Protection Of Consumers’ Rights And The Application Of Criminal Law In The Unlawful Operation Of Services And Content Service Applications, Edmon Makarim

Indonesia Law Review

Media reports on cases of the theft of pre-paid pulses taking place nowadays have created a misunderstanding in terms of the appropriate application of criminal law. In the context of existing legal provisions concerning consumer protection as setf orth both under the Consumer Protection Law as well as in part under the Telecommunications Law, law enforcement agencies are leaning towards applying general criminal provisions (theft) which, after a careful observation of the Indonesian Criminal Code, in fact do not extend to corporate criminal acts. This paper purports to explain that the currently occurring cases of the theft of pre-paid pulses …

“Advancing With The Times: Industrial Design Protection In The Era Of Virtual Migration”, Horacio E. Gutiérrez

IP Theory

No abstract provided.

How Not To Criminalize Cyberbullying, Lyrissa Barnett Lidsky, Andrea Garcia

UF Law Faculty Publications

This essay provides a sustained constitutional critique of the growing body of laws criminalizing cyberbullying. These laws typically proceed by either modernizing existing harassment and stalking laws or crafting new criminal offenses. Both paths are beset with First Amendment perils, which this essay illustrates through 'case studies' of selected legislative efforts. Though sympathetic to the aims of these new laws, this essay contends that reflexive criminalization in response to tragic cyberbullying incidents has led law-makers to conflate cyberbullying as a social problem with cyberbullying as a criminal problem, creating pernicious consequences. The legislative zeal to eradicate cyberbullying potentially produces disproportionate …

Identifying And Attributing Similar Traces With Greatest Common Factor Analysis, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper presents an algorithm for comparing large numbers of traces to each other and identifying and presenting groups of traces with similar features. It is applied to forensic analysis in which groups of similar traces are automatically identified and presented so that attribution and other related claims may be asserted, and independently confirmed or refuted. The approach of this paper is to identify an approximate algorithm that will find a large subset of greatest common factor similar groups of arbitrary factors in far less time and space than an exact algorithm using examiner-provided selection criteria for factor definition.

Masthead

Journal of Digital Forensics, Security and Law

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.

The Limitations Of Regulatory Oversight On Online Video, Jennifer Simpson

Canadian Journal of Law and Technology

Discussion in this paper focuses on the factors, attributes, and elements of telecom and broadcast regulation in Canada. Part I of this study briefly outlines the history of online video regulation in Canada to date. In Part II speculation as to how online video might be regulated, based on prior decisions of the CRTC, is presented. Part III considers the challenges of applying the Broadcasting Act to new media entities in order to create a regulatory framework for online video. Part IV looks at judicial decisions related to broadcast law that may be used to define the nature of the …

Harvesting The "Forbidden Fruit" Of Biotechnology Research: Genetic Engineering, International Law And The Patentability Of Higher Life Forms In Canada, Eugene C. Lim

Canadian Journal of Law and Technology

As the frontiers of science are constantly redefined by the emergence of new technology, patent law often has to struggle to keep pace with the changing conception of what constitutes a protectable “invention”. A key challenge facing patent law in the age of biotechnology lies in ascertaining the extent to which genetically engineered life forms should be protected. A major concern relates to whether such life forms should be excluded from patentability on grounds of ordre public, ethics and morality.

This article critically explores the extent to which patent law in Canada protects this “forbidden fruit” of biotechnological innovation, and …

The Progress Of Science And The Useful Arts: Misadventures In Canadian Law On Patent-Eligible Subject Matter, Ken Bousfield

Canadian Journal of Law and Technology

Patent-Eligible Subject-Matter in Canada

The law of patent-eligible subject-matter in Canada has become badly muddled. There has been repeated confusion of subject-matter issues with non-subject matter issues such as novelty, obviousness, and utility. There has also been repeated confusion within the following group of issues pertaining to whether subject-matter is patent-eligible: whether a claim is for a mere idea or aggregation or for a patentable invention; whether claimed subject-matter falls within science and the useful arts; and whether claimed subject-matter falls within the statutory classes listed in the definition of “invention”. Echoes of older UK-based cases, relating to statutory provisions …

A Delicate Balance: Defining The Line Between Open Civil Proceedings And The Protection Of Children In The Online Digital Era, Courtney Retter, Shaheen Shariff

Canadian Journal of Law and Technology

He thought of the telescreen with its never-sleeping ear. They could spy upon you night and day, but if you kept your head you could still outwit them. [. . .] They could lay bare in the utmost detail everything that you had done or said or thought; but the inner heart, whose workings were mysterious even to yourself, remained impregnable.

— George Orwell, 1984

On Thursday September 27, 2012, a few months after our paper was written, the Supreme Court of Canada solidified the rights of children victimized by cyberbullying in the landmark decision of AB (Litigation Guardian of) …

Understanding The Internet As A Human Right, Michael Karanicolas

Canadian Journal of Law and Technology

Around the world, fundamental human rights have undergone a dramatic conceptual shift as a result of the spread of the Internet. The right to freedom of expression, once largely limited to printing, has exploded in a digital world that provides users with an unprecedented megaphone to broadcast their views. The right to political participation and the right to free assembly have similarly been reborn in an age of instant communication, allowing activists to mobilise hundreds of thousands of followers with a single email, text or tweet. Although these are the most notable examples, the Internet has also had a transformative …

Real World Computer Forensics, Jessica Riccio

Liberal Arts and Engineering Studies

No abstract provided.

Digital Evidence Education In Schools Of Law, Aaron Alva, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

An examination of State of Connecticut v. Julie Amero provides insight into how a general lack of understanding of digital evidence can cause an innocent defendant to be wrongfully convicted. By contrast, the 101-page opinion in Lorraine v. Markel American Insurance Co. provides legal precedence and a detailed consideration for the admission of digital evidence. An analysis of both cases leads the authors to recommend additions to Law School curricula designed to raise the awareness of the legal community to ensure such travesties of justice, as in the Amero case, don’t occur in the future. Work underway at the University …

A Case Study Of The Challenges Of Cyber Forensics Analysis Of Digital Evidence In A Child Pornography Trial, Richard Boddington

Annual ADFSL Conference on Digital Forensics, Security and Law

Perfunctory case analysis, lack of evidence validation, and an inability or unwillingness to present understandable analysis reports adversely affect the outcome course of legal trials reliant on digital evidence. These issues have serious consequences for defendants facing heavy penalties or imprisonment yet expect their defence counsel to have clear understanding of the evidence. Poorly reasoned, validated and presented digital evidence can result in conviction of the innocent as well as acquittal of the guilty. A possession of child pornography Case Study highlights the issues that appear to plague case analysis and presentation of digital evidence relied on in these odious …

After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points …

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.

Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

A multi-parameter sensitivity analysis of a Bayesian network (BN) used in the digital forensic investigation of the Yahoo! email case has been performed using the principle of ‘steepest gradient’ in the parameter space of the conditional probabilities. This procedure delivers a more reliable result for the dependence of the posterior probability of the BN on the values used to populate the conditional probability tables (CPTs) of the BN. As such, this work extends our previous studies using singleparameter sensitivity analyses of BNs, with the overall aim of more deeply understanding the indicative use of BNs within the digital forensic and …

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …

The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Video game consoles have evolved from single-player embedded systems with rudimentary processing and graphics capabilities to multipurpose devices that provide users with parallel functionality to contemporary desktop and laptop computers. Besides offering video games with rich graphics and multiuser network play, today's gaming consoles give users the ability to communicate via email, video and text chat; transfer pictures, videos, and file;, and surf the World-Wide-Web. These communication capabilities have, unfortunately, been exploited by people to plan and commit a variety of criminal activities. In an attempt to cover the digital tracks of these unlawful undertakings, anti-forensic techniques, such as steganography, …

Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape

Annual ADFSL Conference on Digital Forensics, Security and Law

The detection of hidden messages in JPEG images is a growing concern. Current detection of JPEG stego images must include detection of double compression: a JPEG image is double compressed if it has been compressed with one quality factor, uncompressed, and then re-compressed with a different quality factor. When detection of double compression is not included, erroneous detection rates are very high. The main contribution of this paper is to present an efficient double-compression detection algorithm that has relatively lower dimensionality of features and relatively lower computational time for the detection part, than current comparative classifiers. We use a model-based …

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Annual ADFSL Conference on Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement …