Computer Law Commons^™

Regulating Access To Databases Through Antitrust Law, Daryl Lim

Faculty Scholarly Works

It is largely uncontroversial that the “creative” effort in a database will be protected by copyright. However, any effort to extend protection to purely factual databases creates difficulties in determining the proper method and scope of protection. This Paper argues that antitrust law can be used to supplement intellectual property law in maintaining the “access-incentive” balance with respect to databases. It starts from the premise that a trend toward “TRIPs-plus” rights in databases, whatever its form, is inevitable. The reason is a simple, but compelling one: business needs shape the law. Various means of database access regulation are explored and …

Waiving The Privilege In A Storm Of Data: An Argument For Uniformity And Rationality In Dealing With The Inadvertent Production Of Privileged Materials In The Age Of Electronically Stored Information, Dennis R. Kiker

Richmond Journal of Law & Technology

At the point where one of the most venerable principles of common law and the reality of modern information management collide, even the most diligent attorneys may become victims of the resulting fallout.

The Privacy Gambit: Toward A Game Theoretic Approach To International Data Protection, Horace E. Anderson

Elisabeth Haub School of Law Faculty Publications

This article briefly explores several scenarios in which economic actors compete and cooperate in order to capture the value in personal information. The focus then shifts to one particular scenario: the ongoing interaction between the United States and the European Union in attempting to construct data protection regimes that serve the philosophies and citizens of each jurisdiction as well as provide a strategic economic advantage. A game theoretic model is presented to explain the course of dealings between the two actors, including both unilateral and bilateral actions. Part I ends with an exploration of opportunities for seizing competitive advantage, and …

Book Review: Digital Crime And Forensic Science In Cyberspace, Gary C. Kessler

Journal of Digital Forensics, Security and Law

This issue presents the first Book Review column for the JDFSL. It is an experiment to broaden the services that the journal provides to readers, so we are anxious to get your reaction. Is the column useful and interesting? Should we include more than one review per issue? Should we also review products? Do you have suggested books/products for review and/or do you want to write a review? All of this type of feedback -- and more -- is appreciated. Please feel free to send comments to Gary Kessler ([email protected]) or Glenn Dardick ([email protected]).

Alphaco: A Teaching Case On Information Technology Audit And Security, Hüseyin Tanriverdi, Joshua Bertsch, Jonathan Harrison, Po-Ling Hsiao, Ketan S. Mesuria, David Hendrawirawan

Journal of Digital Forensics, Security and Law

Recent regulations in the United States (U.S.) such as the Sarbanes-Oxley Act of 2002 require top management of a public firm to provide reasonable assurance that they institute internal controls that minimize risks over the firm’s operations and financial reporting. External auditors are required to attest to the management’s assertions over the effectiveness of those internal controls. As firms rely more on information technology (IT) in conducting business, they also become more vulnerable to IT related risks. IT is critical for initiating, recording, processing, summarizing and reporting accurate financial and non-financial data. Thus, understanding IT related risks and instituting internal …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Designing A Data Warehouse For Cyber Crimes, Il-Yeol Song, John D. Maguire, Ki Jung Lee, Namyoun Choi, Xiaohua Hu, Peter Chen

Journal of Digital Forensics, Security and Law

One of the greatest challenges facing modern society is the rising tide of cyber crimes. These crimes, since they rarely fit the model of conventional crimes, are difficult to investigate, hard to analyze, and difficult to prosecute. Collecting data in a unified framework is a mandatory step that will assist the investigator in sorting through the mountains of data. In this paper, we explore designing a dimensional model for a data warehouse that can be used in analyzing cyber crime data. We also present some interesting queries and the types of cyber crime analyses that can be performed based on …

A Forensic Log File Extraction Tool For Icq Instant Messaging Clients, Kim Morfitt, Craig Valli

Journal of Digital Forensics, Security and Law

Instant messenger programs such as ICQ are often used by hackers and criminals for illicit purposes and consequently the log files from such programs are of interest in a forensic investigation. This paper outlines research that has resulted in the development of a tool for the extraction of ICQ log file entries. Detailed reconstruction of data from log files was achieved with a number of different ICQ software. There are several limitations with the current design including timestamp information not adjusted for the time zone, data could be altered, and conversations must be manually reconstructed. Future research will aim to …

The Design Of An Undergraduate Degree Program In Computer & Digital Forensics, Gary C. Kessler, Michael E. Schirling

Journal of Digital Forensics, Security and Law

Champlain College formally started an undergraduate degree program in Computer & Digital Forensics in 2003. The underlying goals were that the program be multidisciplinary, bringing together the law, computer technology, and the basics of digital investigations; would be available as on online and oncampus offering; and would have a process-oriented focus. Success of this program has largely been due to working closely with practitioners, maintaining activity in events related to both industry and academia, and flexibility to respond to ever-changing needs. This paper provides an overview of how this program was conceived, developed, and implemented; its evolution over time; and …

The Role Of Power And Negotiation In Online Deception, Chad Albrecht, Conan C. Albrecht, Jonathan Wareham, Paul Fox

Journal of Digital Forensics, Security and Law

The purpose of this paper is to advance theoretical understanding of the important role of both power and negotiation during online deception. By so doing, the paper provides insight into the relationship between perpetrator and victim in Internet fraud. The growing prevalence of Internet Fraud continues to be a burden to both society and individuals. In an attempt to better understand Internet fraud and online deception, this article attempts to build an interactive model, based upon the dimensions of power and negotiation from the management and psychology literature. Using the model presented, the article examines the effects of the Internet …

A Curriculum For Teaching Information Technology Investigative Techniques For Auditors, Grover S. Kearns

Journal of Digital Forensics, Security and Law

Recent prosecutions of highly publicized white-collar crimes combined with public outrage have resulted in heightened regulation of financial reporting and greater emphasis on systems of internal control. Because both white-collar and cybercrimes are usually perpetrated through computers, internal and external auditors’ knowledge of information technology (IT) is now more vital than ever. However, preserving digital evidence and investigative techniques, which can be essential to fraud examinations, are not skills frequently taught in accounting programs and instruction in the use of computer assisted auditing tools and techniques – applications that might uncover fraudulent activity – is limited. Only a few university-level …

Development Of A National Repository Of Digital Forensic Intelligence, Mark Weiser, David P. Biros, Greg Mosier

Journal of Digital Forensics, Security and Law

Many people do all of their banking online, we and our children communicate with peers through computer systems, and there are many jobs that require near continuous interaction with computer systems. Criminals, however, are also “connected”, and our online interaction provides them a conduit into our information like never before. Our credit card numbers and other fiscal information are at risk, our children's personal information is exposed to the world, and our professional reputations are on the line.

The discipline of Digital Forensics in law enforcement agencies around the nation and world has grown to match the increased risk and …

Electronic Data Discovery: Integrating Due Process Into Cyber Forensic Practice, John W. Bagby, John C. Ruhnka

Journal of Digital Forensics, Security and Law

Most organizations and government agencies regularly become engaged in litigation with suppliers, customers, clients, employees, competitors, shareholders, prosecutors or regulatory agencies that nearly assures the need to organize, retain, find and produce business records and correspondence, emails, accounting records or other data relevant to disputed issues. This article discusses some high visibility cases that constrain how metadata and content is routinely made available to opposing parties in civil litigation, to prosecutors in criminal prosecutions and to agency staff in regulatory enforcement litigation. Public policy, as implemented in the rules of evidence and pretrial discovery, restrict electronic data discovery (EDD) as …

Forensic Tools For Mobile Phone Subscriber Identity Modules, Wayne Jansen, Rick Ayers

Journal of Digital Forensics, Security and Law

Mobile phones and other handheld devices incorporating cellular capabilities, such as Personal Digital Assistants, are ubiquitous. Besides placing calls, these devices allow users to perform other useful tasks, including text messaging and phonebook entry management. When cell phones and cellular devices are involved in a crime or other incident, forensic specialists require tools that allow the proper retrieval and speedy examination of data present on the device. For devices conforming to the Global System for Mobile Communications (GSM) standards, certain data such as dialed numbers, text messages, and phonebook entries are maintained on a Subscriber Identity Module (SIM). This paper …

The Growth Of Cost-Shifting In Response To The Rising Cost And Importance Of Computerized Data In Litigation, Ross Chaffin

Oklahoma Law Review

No abstract provided.

Rankings, Reductionism, And Responsibility , Frank Pasquale

Cleveland State Law Review

After discussing how search engines operate in Part I below, and setting forth a normative basis for regulation of their results in Part II, this piece proposes (in Part III) some minor, non-intrusive legal remedies for those who claim that they are harmed by search engine results. Such harms include unwanted high-ranking results relating to them, or exclusion from a page they claim it is their “due” to appear on. In the first case (deemed “inclusion harm”), I propose a right not to suppress the results, but merely to add an asterisk to the hyperlink directing web users to them, …

A Comment On Information Propertization And Its Legal Milieu, Margaret Jane Radin

Cleveland State Law Review

My main purpose in this essay is to urge that policy arguments about property in the digital environment take explicit cognizance of other policy considerations that tend to bound propertization: contractual ordering, competition, and freedom of expression. These policy considerations form the legal milieu in which propertization is situated.

Propertization Metaphors For Bargaining Power And Control Of The Self In The Information Age, Daniel D. Barnhizer

Cleveland State Law Review

This Article argues that the threatening consequences of this commodification and propertization of consumers' electronic selves represent only part of the picture. Information era technological developments provide more tools than ever available before by which consumers can place boundaries around their right to consent and exclude others from that arena. Thus, Internet-based contracting allows consumers to access a broad range of bargaining power inputs to protect their power to withhold consent. Instead of an amorphous, indefinable quality of contracting parties, bargaining power may now be characterized as a series of discrete inputs that can be identified, evaluated, exchanged and owned. …

Cybertrespass And Trespass To Documents, Kevin Emerson Collins

Cleveland State Law Review

In this essay, I offer only a small contribution to the ongoing cybertrespass debate that I believe allows the debate to be seen from a different perspective. In other words, I add a new story to the mix. I explore what I call trespass to documents. The cases applying trespass to documents are real-space, pre-Internet variants of a subset of the cybertrespass cases. They demonstrate that property rights in the tangible medium on which information is inscribed have not historically been broad enough to trump the complicated balancing of interests that characterizes information law when free-speech and competition-policy concerns are …

Capturing Ideas: Copyright And The Law Of First Possession, Abraham Drassinower

Cleveland State Law Review

Part II of this paper, entitled “Wish and Deed,” sets forth an account of the law of first possession through an analysis of the classic case of Pierson v. Post. Part III, entitled “Idea and Expression,” briefly sets forth an account of the idea/expression dichotomy in copyright law through discussion of the classic case of Nichols v. Universal Pictures Corporation. On that basis, Part III unfolds a correspondence between animus and factum in property law and idea and expression in copyright law. Part IV, entitled “Things and Speech,” suggests through discussion of the classic case of Feist that central doctrines …

Exporting Dmca Lockouts, Anupam Chander

Cleveland State Law Review

My goal here is limited. I do not attack the anti-circumvention provisions of the DMCA as wholly misguided; the desire to prevent widespread piracy of copyrighted works is understandable. At the same time, I do not mean to suggest that the critique I offer here is the sum of the adverse consequences of that statute, including for speech and education. My argument is limited to the threat posed by the export of the DMCA anti-circumvention rules, which do not explicitly guard against the anti-competitive use of those rules.Part I briefly sketches the difficulties created domestically by a DMCA inattentive to …

Beyond Patents: The Cultural Life Of Native Healing And The Limitations Of The Patent System As A Protective Mechanism For Indigenous Knowledge On The Medicinal Uses Of Plants, Ikechi Mgbeoji

Canadian Journal of Law and Technology

The question that this paper seeks to tackle is whether in the contest of allegations of biopiracy and in the search for effective mechanisms for the protection of indigenous knowledge of the medicinal uses of plants possessed by traditional healers of southern Nigeria, there is any role for the patent regime. Given the popularity of alternative forms of health care, this question is of importance in contemporary discourse.

Pop-Up Ads And Trademark Infringement: Whenu.Com Litigation, Janet Rubin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Software Copyright Law And The Digital Millennium Copyright Act Under The Microscope: Blizzard V. Bnetd As The Lens, David Brett Kinitsky

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Protecting Children From The Dark Side Of The Internet, Anne Dupre, John Dayton, Christine Kiracofe

Scholarly Works

This article examines the history of judicial and legislative responses to the issue of consumption of pornography and other harmful materials over the Internet by children. The article begins by giving a brief overview of free speech law in the US. Next, summaries of relevant U.S. legislation and corresponding litigation on Internet free speech are given. Highlighted are: 1) the Communications Decency Act (CDA) and the U.S. Supreme Court’s response in Reno v. ACLU; 2) The Child Pornography Prevention Act (CPPA) and Ashcroft v. Free Speech Coalition; 3) the Children’s Internet Protection Act (CIPA) and United States v. American …

Taxing Trademarks And Domain Names, Xuan-Thao Nguyen, Jeffrey A. Maine

Faculty Publications

With the arrival of global electronic commerce transactions on the Internet, new forms of intellectual property rights, such as Internet domain names, have emerged. Today, Internet domain names are some companies' most valuable assets. Yet law professors, attorneys, and judges struggle with the legal nature of domain names, which is far from settled. Questions drawing recent attention include: How should domain names be valued? Can domain names be used as collateral in secured transactions, and how does one perfect a security interest in domain names? What will happen to domain names in bankruptcy?

Cite Checking: A Brave New World, Susan Nevelow Mart

Publications

No abstract provided.

Patients And Biobanks, Ellen Wright Clayton

Villanova Law Review (1956 - )

No abstract provided.

Development And Delivery Of Coursework: The Legal/Regulatory/Policy Environment Of Cyberforensics, John W. Bagby, John C. Ruhnka

Journal of Digital Forensics, Security and Law

This paper describes a cyber-forensics course that integrates important public policy and legal issues as well as relevant forensic techniques. Cyber-forensics refers to the amalgam of multi-disciplinary activities involved in the identification, gathering, handling, custody, use and security of electronic files and records, involving expertise from the forensic domain, and which produces evidence useful in the proof of facts for both commercial and legal activities. The legal and regulatory environment in which electronic discovery takes place is of critical importance to cyber-forensics experts because the legal process imposes both constraints and opportunities for the effective use of evidence gathered through …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.