Computer Law Commons^™

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Internet Cookies: When Is Permission Consent?, Max Oppenheimer

All Faculty Scholarship

No abstract provided.

Is Forensic Computing A Profession? Revisiting An Old Debate In A New Field, Bernd C. Stahl

Journal of Digital Forensics, Security and Law

Forensic Computing is a new and quickly developing field. It is in the process of becoming an academic discipline or sub-discipline with all the features from full undergraduate and postgraduate course provision to conferences and journals. An important question in this process of turning into an established discipline is whether it will coincide with the recognition of the graduates as professionals. This paper hopes to stimulate the debate as to whether forensic computing is or should be a discipline. In order to approach this question, the paper will discuss the concept of forensic computing including the most salient topics of …

Development Of An Ontology Based Forensic Search Mechanism: Proof Of Concept, Jill Slay, Fiona Schulz

Journal of Digital Forensics, Security and Law

This paper examines the problems faced by Law Enforcement in searching large quantities of electronic evidence. It examines the use of ontologies as the basis for new forensic software filters and provides a proof of concept tool based on an ontological design. It demonstrates that efficient searching is produced through the use of such a design and points to further work that might be carried out to extend this concept.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

The 2006 Analysis Of Information Remaining On Disks Offered For Sale On The Second Hand Market, Andy Jones, Craig Valli, Iain Sutherland, Paula Thomas

Journal of Digital Forensics, Security and Law

All organisations, whether in the public or private sector, use computers for the storage and processing of information relating to their business or services, their employees and their customers. A large proportion of families and individuals in their homes now also use personal computers and, both intentionally and inadvertently, often store on those computers personal information. It is clear that most organisations and individuals continue to be unaware of the information that may be stored on the hard disks that the computers contain, and have not considered what may happen to the information after the disposal of the equipment.

In …

Computer Forensics Field Triage Process Model, Marcus K. Rogers, James Goldman, Rick Mislan, Timothy Wedge, Steve Debrota

Journal of Digital Forensics, Security and Law

With the proliferation of digital based evidence, the need for the timely identification, analysis and interpretation of digital evidence is becoming more crucial. In many investigations critical information is required while at the scene or within a short period of time - measured in hours as opposed to days. The traditional cyber forensics approach of seizing a system(s)/media, transporting it to the lab, making a forensic image(s), and then searching the entire system for potential evidence, is no longer appropriate in some circumstances. In cases such as child abductions, pedophiles, missing or exploited persons, time is of the essence. In …

Rfid Et Administration Publique: Le Citoyen Sous Surveillance?, Anthony Hémond

Canadian Journal of Law and Technology

Lorsque les gouvernements et l’Administration se lancent dans la mise en place d’une nouvelle technologie, il leur faut, au préalable, analyser les enjeux et les risques de ce déploiement.

Tel sera l’essentiel de nos développements. Nous verrons comment, notamment à travers la mise en place du e-passeport, la technologie RFID peut être intégrée au sein de l’Administration. Le choix de cette nouvelle génération de passeports n’est pas anodin: si dans certains domaines les donne ́es qu’ils contiennent sont précieuses, dans d’autres, notamment celui de la santé, les informations sur les personnes sont très sensibles. Il faut donc maîtriser les risques …

Beyond Content: The Emergence Of Video Games And Their Diverse Effects On Legal Normativity As Seen Through The Lens Of Jean Baudrillard, Stephen Orr

Canadian Journal of Law and Technology

Current legal discourse about video games focuses primarily on freedom of speech issues relating to the content of games. Using the work of Jean Baudrillard (and to a small extent Marshall McLuhan) this article reconsiders how we should conceptualize the regulation of video games. Baudrillard's theories are particularly interesting to explore as his pessimistic reflections about technology challenge us to contemplate how profoundly the form of new communicative technologies, such as video games, shape human interactions. Appealing to both theorists' belief that "the medium is the message", this article argues that we should be wary of focusing legal energy exclusively …

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

Publications

This document is Dr. Kessler's review of Digital Crime and Forensic Science in Cyberspace, by P. Kanellis, E. Kiountouzis, N. Kolokotronis, and D. Martakos. Idea Group Publishing, 2006. ISBN: 1-59140-873-3.

Commercializing Open Source Software: Do Property Rights Still Matter?, Ronald J. Mann

Faculty Scholarship

For several years now, open source software products have been gaining prominence and market share. Yet the products themselves are not as provocative as the way in which they are developed and distributed. Two related features of the open source model are distinctive: the use of collaborative development structures that extend beyond the boundaries of a single firm, and the lack of reliance on intellectual property ("IP") rights as a means of appropriating the value of the underlying technologies. Firm-level control of intellectual property is replaced by a complex set of relations, both informal and sometimes contractual, among strategic partners …

When Small Technology Is A Big Deal: Legal Issues Arising From Business Use Of Rfid, D. Zachary Hostetter

Washington Journal of Law, Technology & Arts

Radio Frequency Identification (“RFID”) is a wireless tracking technology. Goods fitted with radio tags can communicate with computers via radio waves, revolutionizing methods to locate and catalogue goods at every stage of the supply line. Current research predicts that 40% of all inventory intensive businesses will have such wireless tracking systems by the end of 2005. This article examines current legal trends that impact business use of RFID including contractual considerations to properly allocate risks attendant with implementation of RFID, FCC regulation of RFID, and consumer privacy concerns.

What's So Great About Nothing? The Gnu General Public License And The Zero-Price-Fixing Problem, Heidi S. Bond

Michigan Law Review

In 1991, Linus Torvalds released the first version of the Linux operating system. Like many other beneficiaries of the subsequent dot-com boom, Torvalds worked on a limited budget. Clad in a bathrobe, clattering away on a computer purchased on credit, subsisting on a diet of pretzels and dry pasta, hiding in a tiny room that was outfitted with thick black shades designed to block out Finland's summer sun, Torvalds programmed Linux. Like some other beneficiaries of the subsequent dot-com boom, Torvalds created a product that is now used by millions. He owns stock options worth seven figures. Computer industry giants, …

The Misery Of Mitra: Considering Criminal Punishment For Computer Crimes, James T. Tsai

ExpressO

This paper analyzes the policies and philosophy of punishment for computer crimes under the post-Sept. 11th regime. I argue that the judicial discourse represented in Mitra represents a willingness to use the Computer Fraud and Abuse Act to go after defendants that cause trouble with critical infrastructures, the so-called “domestic terrorist.” This is manifested in the levels of punishments for such offenses and calls into question whether the traditional theories of punishment are applicable. I argue that as a policy, it makes good sense but the hazy definitions of terrorism may present problems for its success, and instead an approach …

Catch 1201: A Legislative History And Content Analysis Of The Dmca Exemption Proceedings, Bill D. Herman, Oscar H. Gandy

ExpressO

17 USC Section 1201(a)(1) prohibits circumventing a technological protection measure (TPM) that effectively controls access to a copyrighted work. In the name of mitigating the innocent casualties of this new ban, Congress constructed a triennial rulemaking, administered by the Register of Copyrights, to determine temporary exemptions. This paper considers the legislative history of this rulemaking, and it reports the results of a systematic content analysis of its 2000 and 2003 proceedings.

Inspired by the literature on political agendas, policymaking institutions, venue shifting, and theories of delegation, we conclude that the legislative motivations for Section 1201 were laundered through international treaties, …

Password Theft: Rethinking An Old Crime In A New Era, Daniel S. Shamah

ExpressO

This is a discussion of the legal and economic ramifications of password theft.

Once And Future Copyright, James Gibson

Law Faculty Publications

Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …

Digital Wars -- Legal Battles And Economic Bottlenecks In The Digital Information Industries, Curt A. Hessler

ExpressO

The Digital Age has spawned major legal battles over the fundamental principles of intellectual property law and antitrust law. These diverse struggles can best be analyzed using the basic norm of "value added" from neo-classical normative economics. This analysis suggests that current intellectual property doctirnes provide excessive protection and current antitrust doctrines remain awkward in dealing with the cross-market leveraging of monopoly power in the presence of "natural monopolies" created by network effects.

"Electronic Fingerprints": Doing Away With The Conception Of Computer-Generated Records As Hearsay, Adam Wolfson

Michigan Law Review

One night, in the hours just before daybreak, the computer servers at Acme Corporation's headquarters quietly hum in the silence of the office's darkened hallways. Suddenly, they waken to life and begin haphazardly sifting through their files. Several states away, a hacker sits in his room, searching through the mainframe via an internet connection. His attack is quick-lasting only a short five minutes-but the evidence of invasion is apparent to Acme's IT employees when they come in to work the next morning. Nearly a year later, federal prosecutors bring suit in the federal district court against the person they believe …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

'Code' And The Slow Erosion Of Privacy, Bert-Jaap Koops, Ronald Leenes

Michigan Telecommunications & Technology Law Review

The notion of software code replacing legal code as a mechanism to control human behavior--"code as law"--is often illustrated with examples in intellectual property and freedom of speech. This Article examines the neglected issue of the impact of "code as law" on privacy. To what extent is privacy-related "code" being used, either to undermine or to enhance privacy? On the basis of cases in the domains of law enforcement, national security, E-government, and commerce, it is concluded that technology rarely incorporates specific privacy-related norms. At the same time, however, technology very often does have clear effects on privacy, as it …

Information Security Breaches And The Threat To Consumers, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

Contracts Concluded By Electronic Agents - Comparative Analysis Of American And Polish Legal Systems, Aleksandra M. Jurewicz

ExpressO

This article analyzes the US and Polish law on contract formation by electronic agents. It persents the main similarities and differences in the approaches of common and civil legal systems. Finally, it discusses changes in legal theories in Poland that had to be made in order to comply with standards of electronic commerce.

Vol. Vi, Tab 38 - Ex. 30 - Email From Nino Ninov, Nino Ninov

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?

Defining Spyware: Necessary Or Dangerous, Andrew T. Braff

Washington Journal of Law, Technology & Arts

State legislation attempting to define and proscribe spyware has been criticized for either being under-inclusive or over-inclusive. This article provides an overview of the technology that is commonly considered spyware and examines the potential effects of attempting to legislatively define and curtail spyware as a specific technology. It concludes that a more appropriate method to regulate spyware would focus on prohibiting conduct associated with placing monitoring software on a computer and enforcing existing law regarding such conduct.

Will Wi-Fi Make Your Private Network Public? Wardriving, Criminal And Civil Liability, And The Security Risks Of Wireless Networks, Anita Ramasastry, Jane Winn

Washington Journal of Law, Technology & Arts

Wireless networking is growing in popularity because it is often cheaper and more convenient than other computer networking systems. Wireless networks, however, are also very hard to secure. Locating insecure wireless networks and advertising their locations is an activity known as “wardriving.” Exploiting the vulnerability of a wireless network to hack into the computer system or to monitor the wireless transmissions can give rise to liability under federal felony and misdemeanor statutes, as well as federal civil liability and liability under state law private causes of action. When introducing wireless networking into business information systems, system administrators should use all …

Proceed With Precaution: The Statutory, Legal, And Consumer Influence On Genetically Modified Foods In Canada, Alexander Singh

Canadian Journal of Law and Technology

Despite the majority of consumers’ health and environmental concerns, genetically modified organisms (GMOs) now form a regular part of Canadian society. Our system of regulatory approval introduces GMOs into agriculture, while our legal regimes deal with rights and responsibilities with respect to GMO, all while grocers and consumers sell, buy and eat genetically modified foods (GMFs) as part of their daily diet. With the increasing prominence of GMOs in our society, and the consistent debate over their safety, there is a need to inject precaution into the principles behind how these foods and crops enter, remain and spread in the …

Creative Commons And The New Intermediaries, Michael W. Carroll

Working Paper Series

This symposium contribution examines the disintermediating and reintermediating roles played by Creative Commons licenses on the Internet. Creative Commons licenses act as a disintermediating force because they enable end-to-end transactions in copyrighted works. The licenses have reintermediating force by enabling new services and new online communities to form around content licensed under a Creative Commons license. Intermediaries focused on the copyright dimension have begun to appear online as search engines, archives, libraries, publishers, community organizers, and educators. Moreover, the growth of machine-readable copyright licenses and the new intermediaries that they enable is part of a larger movement toward a Semantic …

Vol. Vi, Tab 38 - Ex. 31 - Survey Of Rosetta Stone Brand Health, Rosetta Stone

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?

Legal Restrictions On Transborder Data Flows To Prevent Government Access To Personal Data: Lessons From British Columbia, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.