Computer Law Commons^™

Network Neutrality: Justifiable Discrimination, Unjustifiable Discrimination, And The Bright Line Between Them, Noel Semple

Canadian Journal of Law and Technology

This paper proposes a bright line test to guide the Canadian Radio-television and Telecommunications Commission (‘‘CRTC’’) in regulating ‘‘network neutrality’’. When Internet service providers seek to discriminate between uses and users in administering their networks, the CRTC should ask whether the proposed discrimination is a reasonable effort to make the price paid by each user commensurate to the demands which his or her use places on the network. Discrimination which meets this description should be tolerated if not actively encouraged, because it encourages the economically efficient allocation of scarce bandwidth. All other forms of ISP discrimination — including discrimination based …

The Adverse Economic Effects Of Spectrum Set-Asides, Robert W. Crandall, Allan T. Ingrahm

Canadian Journal of Law and Technology

In February 2007, Industry Canada released a consultation that outlined a proposed auction design for spectrum Ifor Advanced Wireless Services. As part of its consultation, Industry Canada contemplated a spectrum set-aside in the AWS auction to facilitate the entry of a new wireless service provider in Canada; however, it noted that a potential drawback of a spectrum set-aside is that it can induce uneconomic entry into the market. In this paper, we show that a set-aside for AWS spectrum in Canada is more likely to result in uneconomic entry than in a viable domestic entrant into the Canadian wireless industry. …

You Must Remember This: The Copyright Conundrum Of "Translation Memory" Databases, Francie Gow

Canadian Journal of Law and Technology

Translation memory databases (compilations of texts linked with their translations) can be valuable resources in the process of translating subsequent texts. This article explores the circumstances under which such compilations might be considered sufficiently original to attract copyright protection that is independent of any copyright already subsisting in the underlying translations and source texts. Various characteristics of the tools and the translation industry in general make the analysis highly fact-specific; whether particular translation memory databases attract protection, and, if so, who can claim to be their ‘‘authors’’, must be evaluated on a case-by-case basis. Any protection that is granted may …

Electronic Records As Documentary Evidence, Ken Chasse

Canadian Journal of Law and Technology

The new electronic record provisions that are now part of almost all of the Evidence Acts in Canada are as important as any statutory law or common law concerning the use of records as evidence. They bring six important improvements to the evidentiary law of business records. It is argued, however, that their most serious defects are that they: (1) perpetuate the best evidence rule — a rule rendered redundant by electronic records and information management (RIM); (2) do not deal with hearsay issues; (3) do not cure the defects of the business record provisions in regard to electronic records; …

Patent Injunctions And The Problem Of Uniformity Cost, Michael W. Carroll

Working Paper Series

In eBay v. MercExchange, the Supreme Court correctly rejected a one-size-fits-all approach to patent injunctions. However, the Court's opinion does not fully recognize that the problem of uniformity in patent law is more general and that this problem cannot be solved through case-by-case analysis. This Essay provides a field guide for implementing eBay using functional analysis and insights from a uniformity-cost framework developed more fully in prior work. While there can be no general rule governing equitable relief in patent cases, the traditional four factor analysis for injunctive relief should lead the cases to cluster around certain patterns that often …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Masthead

Journal of Digital Forensics, Security and Law

No abstract provided.

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Vol. Ix, Tab 46 - Ex. 6 - Email From [email protected], Google

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?

Towards Redaction Of Digital Information From Electronic Devices, Gavin W. Manes, Lance Watson, David Greer, Alex Barclay, John Hale

Annual ADFSL Conference on Digital Forensics, Security and Law

In the discovery portion of court proceedings, it is necessary to produce information to opposing counsel. Traditionally, this information is in paper form with all privileged information removed. Increasingly, the information requested during discovery exists in digital form and savvy counsel is requesting direct access to the original digital source: a broad spectrum of additional digital information can be often be extracted using digital forensics. This paper describes the major problems which must be solved to redact digital information from electronic devices. The primary hurdle facing digital redaction is the lack of a rational process for systematically handling encoded, encrypted, …

Do Current Erasure Programs Remove Evidence Of Bittorrent Activity?, Andrew Woodward, Craig Valli

Annual ADFSL Conference on Digital Forensics, Security and Law

This research in progress aims to evaluate the effectiveness of commercial programs to erase traces of the use of BitTorrent software. The erasure programs MaxErase, P2PDoctor, Privacy Suite, Window Washer and R-Clean and Wipe were used on a machine that had used the BitTorrent client Azureus to download two torrent files. The drive was imaged and then searched for torrent files. The registry was also examined on the source machine. The program R-Clean and Wipe left evidence in both the registry and the image of the name and type of files that had been downloaded with this software. Of greater …

The Case For Teaching Network Protocols To Computer Forensics Examiners, Gary C. Kessler, Matt Fasulo

Annual ADFSL Conference on Digital Forensics, Security and Law

Most computer forensics experts are well-versed in basic computer hardware technology, operating systems, common software applications, and computer forensics tools. And while many have rudimentary knowledge about the Internet and simple network-lookup tools, they are not trained in the analysis of network communication protocols and the use of packet sniffers. This paper describes digital forensics applications for network analysis and includes four case studies.

Keywords: computer forensics education, network forensics, protocol analysis

Textbooks For Computer Forensic Courses: A Preliminary Study, Jigang Liu, Larry Gottschalk, Kuodi Jian

Annual ADFSL Conference on Digital Forensics, Security and Law

As computer forensics develops into one of the fastest-growing areas in the computer related fields, many universities and colleges are offering or are planning to offer a course in computer forensics. When instructors begin to develop a new course in the area, one of critical questions they would ask is what textbook should be used. To better answer the question, we conducted a study in which we tried to find which textbooks are being used in computer forensic courses. We believe that the results and analysis of our study will help instructors in choosing adequate textbooks for their new course …

Education For Cyber Crime Investigators, David Greer, Joe Mulenex, John Hale, Gavin W. Manes

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics and cyber crime investigations are continually growing, rapidly changing fields requiring law enforcement agencies to meet very rigorous training requirements. New opportunities for committing criminal activity against persons, organization or property are presented every day with the proliferation of personal digital devices, computers, the internet, computer networks, and automated data systems. Whether the crime involves attacks against computer systems, electronic information, or more traditional crimes such as murder, money laundering or fraud, electronic evidence is becoming more prevalent. It is no surprise that law enforcement and criminal justice officials are being overwhelmed by the volume of investigations and …

Computer Geolocation Using Extracted Features, Chad M.S. Steel

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper compares the extracted feature data from a sample set of hard drive images in an effort to relate the features to the physical location of the drive. A list of probable zip codes, phone numbers, place names, and IP addresses are extracted from raw drive images and compared to manually identified geolocation data. The results of the individual extractions are then analyzed to determine the feasibility in using automated extraction and analysis techniques for geolocating hard drives.

Keywords: hard disk forensics, geocoding, geolocation

Defending Against Insider Use Of Digital Steganography, James E. Wingate, Glenn D. Watt, Marc Kurtz, Chad W. Davis, Robert Lipscomb

Annual ADFSL Conference on Digital Forensics, Security and Law

The trusted insider is among the most harmful and difficult to detect threats to information security, according to the Federal Plan for Information Assurance and Cyber Security Research and Development released in April 2006. By default, employees become trusted insiders when granted the set of privileges needed to do their jobs, which typically includes access to the Internet. It is generally presumed the insiders are loyally working to achieve the organization’s goals and objectives and would not abuse the privileges given to them. However, some insiders will inevitably abuse some of their privileges. For example, a trusted insider might abuse …

Investigating Information Structure Of Phishing Emails Based On Persuasive Communication Perspective, Ki Jung Lee, Il-Yeol Song

Annual ADFSL Conference on Digital Forensics, Security and Law

Current approaches of phishing filters depend on classifying messages based on textually discernable features such as IP-based URLs or domain names as those features that can be easily extracted from a given phishing message. However, in the same sense, those easily perceptible features can be easily manipulated by sophisticated phishers. Therefore, it is important that universal patterns of phishing messages should be identified for feature extraction to serve as a basis for text classification. In this paper, we demonstrate that user perception regarding phishing message can be identified in central and peripheral routes of information processing. We also present a …

Monitoring And Surveillance In The Workplace: Lessons Learnt? – Investigating The International Legal Position, Verine Etsebeth

Annual ADFSL Conference on Digital Forensics, Security and Law

When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this …

The Gap Between Theory And Practice In Digital Forensics, Joseph C. Sremack

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a young field that is being defined by the reactive nature of its development – in terms of both research and practice. As technology develops, digital forensics is forced to react and adapt. The rapid development of technology and the lack of an established theoretical foundation has led to a disconnect between the theory and practice of digital forensics. While the base theoretical issues are being worked on by researchers, practitioners are dealing with entirely new sets of issues. The complexity of investigations is increasing, and anti-forensics techniques are advancing as well. The disconnect will be resolved …

An Exploratory Analysis Of Computer Mediated Communications On Cyberstalking Severity, Stephen D. Barnes, David P. Biros

Annual ADFSL Conference on Digital Forensics, Security and Law

The interaction between disjunctive interpersonal relationships, those where the parties to the relationship disagree on the goals of the relationship, and the use of computer mediated communications channels is a relatively unexplored domain. Bargh (2002) suggests that CMC channels can amplify the development of interpersonal relationships, and notes that the effect is not constant across communications activities. This proposal suggests a line of research that explores the interaction between computer mediated communications (CMC) and stalking, which is a common form of disjunctive relationships. Field data from cyberstalking cases will be used to look at the effects of CMC channels on …

Guideline Model For Digital Forensic Investigation, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes a detailed guideline model for digital forensics; the proposed model consists of five main phases, Preparation phase, Physical Forensics and Investigation Phase, Digital Forensics Phase, Reporting and Presentation Phase, and Closure Phase.

Most of the existing models in this field do not cover all aspects of digital forensic investigations, as they focus mainly on the processing of digital evidence or on the legal points. Although they gave good information to base on it a guide, but they are not detailed enough to describe fully the investigative process in a way that can be used by investigators during …

New Federal Rules And Digital Evidence, Gavin W. Manes, Elizabeth Downing, Lance Watson, Christopher Thrutchley

Annual ADFSL Conference on Digital Forensics, Security and Law

The newly revised Federal Rules of Civil Procedure and developments under the Federal Rules of Evidence have a significant impact on the use, collection, and treatment of digital evidence for legal proceedings. The Rules now formally grant electronic documents and digital evidence the same status as paper and other forms of tangible evidence. As a result, the availability and proper preservation of potentially relevant electronic evidence must be considered, at the very latest, in the preliminary stages of litigation and, at the earliest, as soon as litigation is reasonably anticipated. It is important for professionals to be familiar with the …

The General Digital Forensics Model, Steven Rigby, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

The lack of a graphical representation of all of the principles, processes, and phases necessary to carry out an digital forensic investigation is a key inhibitor to effective education in this newly emerging field of study. Many digital forensic models have been suggested for this purpose but they lack explanatory power as they are merely a collection of lists or one-dimensional figures. This paper presents a new multi-dimensional model, the General Digital Forensics Model (GDFM), that shows the relationships and inter-connectedness of the principles and processes needed within the domain of digital forensics.

Keywords: process model, computer forensics, expert learning, …

Teams Responsibilities For Digital Forensic Process, Salma Abdalla, Sherif Hazem, Sherif Hashem

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper presents a detailed digital forensics process model and the responsible teams to perform it. The discussed model presents three teams and a forensic leader who coordinate between the three teams; these teams are physical crime scene team, laboratory examination team and courtroom team. These teams are responsible of achieving the digital forensic model by applying five main phases which are preparation phase, physical forensics and investigation phase, digital forensics phase, reporting and presentation phase and closure phase.

Most of the existing models in this field are either theoretical that deals with data processing or based on a legal …

The Evolution Of Internet Legal Regulation In Addressing Crime And Terrorism, Murdoch Watney

Annual ADFSL Conference on Digital Forensics, Security and Law

Internet regulation has evolved from self-regulation to the criminalization of conduct to state control of information available, accessed and submitted. Criticism has been leveled at the different forms of state control and the methods employed to enforce state control. After the terrorist attack on the USA on 11 September 2001, governments justify Internet state control as a law enforcement and national security tool against the abuse and misuse of the Internet for the commission of serious crimes, such as phishing, child pornography; terrorism and copyright infringement. Some Internet users and civil rights groups perceive state control as an abomination which …

L'Affaire Xm Satellite Radio: La Légalité Des Appareils Qui Enregistrent La Radio Par Satellite, René Pépin

Canadian Journal of Law and Technology

Aux Etats-Unis, la radio par satellite existe depuis le nouveau millénaire. Mais les compagnies qui œuvrent dans ce domaine font face depuis 2006 a des poursuites devant les tribunaux par les grandes compagnies de disques. Elles paient pourtant les tarifs convenus avec les entreprises qui s’occupent de gestion collective des droits d’auteur sur les disques. Le probleme vient du fait que depuis leur entrée en ondes, des progrès technologiques leur permettent d’offrir à leurs abonnés des appareils qui sont bien plus polyvalents qu’un simple appareil radio récepteur. Les nouveaux modèles peuvent enregistrer plusieurs heures d'émissions, et ils peuvent transmettre à …

Virtual Property, Real Law: The Regulation Of Property In Video Games, Susan H. Abramovitch, David L. Cummings

Canadian Journal of Law and Technology

This article considers property created and used in the virtual realm of video games, which is often given real- T world value. From the unauthorized copying of designer clothes sold on Second Life for in-game cash, to real court damages awarded against game operators’ deletion of player-earned swords on Mir 3, a bridge has been taking shape from video gaming’s virtual economies to real-world economies. However, virtual property created in virtual worlds has yet to be formally recognized by North American courts or legislatures. This article attempts to touch on some of the legal considerations paramount in determining how such …

Authorizing Copyright Infringement And The Control Requirement: A Look At P2p File-Sharing And Distribution Of New Technology In The U.K., Australia, Canada, And Singapore, Jeffrey C.J. Lee

Canadian Journal of Law and Technology

The doctrine of authorizing copyright infringement has been used to deal with the marketing of new Ttechnology that might be employed by a user to infringe copyright, from the distribution of blank cassette tapes and double-cassette tape recorders to photocopiers. It is being tested yet again with the distribution of peer-to-peer file-sharing software that enables the online exchange of MP3 music and other copyrighted files. This article looks at the different positions adopted in several Commonwealth jurisdictions, and examines the policy considerations behind these positions. It looks at, in particular, the recent Australian case of Universal Music Australia Pty Ltd. …

Neutral Citation, Court Web Sites, And Access To Authoritative Case Law, Peter W. Martin

Cornell Law Faculty Publications

In 1994, the Wisconsin Bar and the Wisconsin Judicial Council together urged the state’s supreme court to take two dramatic steps with the combined aim of improving access to state case law: adopt a new system of neutral format citation and establish a digital archive of decisions directly available to all publishers and the public. The recommendations set off a firestorm, and the court deferred decision on the package. In the dozen or so years since those events, the background conditions have shifted dramatically. Neutral format citation has been endorsed by AALL and the ABA and formally adopted in a …

Back Matter

Journal of Digital Forensics, Security and Law

No abstract provided.