National Security Law Commons^™

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …

Global Cybersecurity, Surveillance, And Privacy: The Obama Administration's Conflicted Legacy, Peter Margulies

Indiana Journal of Global Legal Studies

To analyze the Obama administration's cyber efforts, this Article proposes a paradigm of stewardship with both discursive and structural dimensions. Discursive stewardship refers to the Executive's openness to dialogue with other stakeholders. Structural stewardship refers to the domestic and transnational distribution of decisional authority, including checks and balances that guard against the excesses of unilateral action. The Article concludes that the Obama administration made substantial progress in each of these realms. However, the outsized role of law enforcement agendas and dearth of clearly articulated checks on transnational surveillance drove headwinds that limited forward movement.

Cyber!, Andrea M. Matwyshyn

BYU Law Review

This Article challenges the basic assumptions of the emerging legal area of “cyber” or “cybersecurity.” It argues that the two dominant “cybersecurity” paradigms—information sharing and deterrence—fail to recognize that corporate information security and national “cybersecurity” concerns are inextricable. This problem of “reciprocal security vulnerability” means that in practice our current legal paradigms channel us in suboptimal directions. Drawing insights from the work of philosopher of science Michael Polanyi, this Article identifies three flaws that pervade the academic and policy analysis of security, exacerbating the problem of reciprocal security vulnerability—privacy conflation, incommensurability, and internet exceptionalism. It then offers a new paradigm—reciprocal …

Send Us The Bitcoin Or Patients Will Die: Addressing The Risks Of Ransomware Attacks On Hospitals, Deborah R. Farringer

Seattle University Law Review

Part I of this Article describes how the healthcare industry has arrived in this place of vulnerability, including (1) the history of the movement toward EHRs through HIPAA, (2) HIPAA’s meaningful use regulations and the background of current ransomware attacks, and (3) the distinctions between these attacks and other security breaches that have plagued large insurers and health systems within the last five years. Next, Part II will examine current industry culture when it comes to cybersecurity and review current legal and business approaches to address this growing threat. Then, Part III will argue that, while the current laws—including HIPAA …

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

Defining A Cyber Jurisprudence, Peter R. Stephenson Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature …

Civil Liberty Or National Security: The Battle Over Iphone Encryption, Karen Lowell

Georgia State University Law Review

On June 5, 2013, Edward Snowden released what would be the first of many documents exposing the vast breadth of electronic surveillance the Federal Bureau of Investigation (FBI) and the National Security Agency (NSA) had been conducting on millions of United States citizens. Although the federal agencies had legal authority under the Foreign Intelligence Surveillance Act (FISA) to collect metadata from companies such as Verizon, many Americans considered this data collection to be a massive invasion of privacy.

Equipped with the knowledge of sweeping domestic surveillance programs, citizens and technology firms fighting for strong privacy and security protection, have started …

Digital Technology And Analog Law: Cellular Location Data, The Third-Party Doctrine, And The Law's Need To Evolve, Justin Hill

University of Richmond Law Review

No abstract provided.

Biometric Cyberintelligence And The Posse Comitatus Act, Margaret Hu

Scholarly Articles

This Article addresses the rapid growth of what the military and the intelligence community refer to as “biometric-enabled intelligence.” This newly emerging intelligence tool is reliant upon biometric databases—for example, digitalized storage of scanned fingerprints and irises, digital photographs for facial recognition technology, and DNA. This Article introduces the term “biometric cyberintelligence” to more accurately describe the manner in which this new tool is dependent upon cybersurveillance and big data’s massintegrative systems.

This Article argues that the Posse Comitatus Act of 1878, designed to limit the deployment of federal military resources in the service of domestic policies, will be difficult …

Cybersecurity For Infrastructure: A Critical Analysis, Eldar Haber, Tal Zarsky

Florida State University Law Review

Nations and their citizens rely on infrastructures. Their incapacitation or destruction could prevent nations from protecting themselves from threats, cause substantial economic harm, and even result in the loss of life. Therefore, safeguarding these infrastructures is an obvious strategic task for any sovereign state. While the need to protect critical infrastructures (CIs) is far from novel, digitization brings new challenges as well as increased cyber-risks. This need is self-evident; yet, the optimal policy regime is debatable. The United States and other nations have thus far opted for very light regulation, merely encouraging voluntary steps while choosing to intervene only in …

From The National Surveillance State To The Cybersurveillance State, Margaret Hu

Scholarly Articles

This article anchors the phenomenon of bureaucratized cybersurveillance around the concept of the National Surveillance State, a theory attributed to Professor Jack Balkin of Yale Law School and Professor Sanford Levinson of the University of Texas School of Law. Pursuant to the theory of the National Surveillance State, because of the routinized and administrative nature of government-led surveillance, normalized mass surveillance is viewed as justified under crime and counterterrorism policy rationales. This article contends that the Cybersurveillance State is the successor to the National Surveillance State. The Cybersurveillance State harnesses technologies that fuse biometric and biographic data for risk assessment, …

Transforming Election Cybersecurity, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Hidden By Sovereign Shadows: Improving The Domestic Framework For Deterring State-Sponsored Cybercrime, Eric Blinderman, Myra Din

Vanderbilt Journal of Transnational Law

This Article analyzes the domestic legal framework applicable to state-sponsored cybercrime. The Article describes several instances where state sovereigns perpetrated cybercrimes in the United States. It then outlines the legal framework that the US government utilizes to hold accountable those who perpetrate such crimes. This Article argues that the current legal framework does not have a deterrence effect on sovereign states engaged in such activity and that prosecutors who seek to apply the current framework against state sovereigns or who misattribute the source of such attacks could negatively impact US foreign policy. To remedy these defects, this Article asserts that …

The U.S. Election Hacks, Cybersecurity, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Icrc, Nato And The U.S. – Direct Participation In Hacktivities – Targeting Private Contractors And Civilians In Cyberspace Under International Humanitarian Law, Ido Kilovaty

Duke Law & Technology Review

Cyber-attacks have become increasingly common and are an integral part of contemporary armed conflicts. With that premise in mind, the question arises of whether or not a civilian carrying out cyber-attacks during an armed conflict becomes a legitimate target under international humanitarian law. This paper aims to explore this question using three different analytical and conceptual frameworks while looking at a variety of cyber-attacks along with their subsequent effects. One of the core principles of the law of armed conflict is distinction, which states that civilians in an armed conflict are granted a set of protections, mainly the protection from …

Trending @ Rwu Law: Linn F. Freedman's Post: The Goal Of Gender Equality In Cybersecurity 08/23/2016, Linn F. Freedman

Law School Blogs

No abstract provided.

Data Institutionalism: A Reply To Andrew Woods, Zachary D. Clopton

Cornell Law Faculty Publications

In "Against Data Exceptionalism," Andrew K. Woods explores “one of the greatest societal and technological shifts in recent years,” which manifests in the “same old” questions about government power. The global cloud is an important feature of modern technological life that has significant consequences for individual privacy, law enforcement, and governance. Yet, as Woods suggests, the legal challenges presented by the cloud have analogies in age-old puzzles of public and private international law.

Identifying these connections is a conceptual advance, and this contribution should not be understated. But, to my mind, the most telling statement in Woods’s excellent article comes …

Sim Card Forensics: Digital Evidence, Nada Ibrahim, Nuha Al Naqbi, Farkhund Iqbal, Omar Alfandi

Annual ADFSL Conference on Digital Forensics, Security and Law

With the rapid evolution of the smartphone industry, mobile device forensics has become essential in cybercrime investigation. Currently, evidence forensically-retrieved from a mobile device is in the form of call logs, contacts, and SMSs; a mobile forensic investigator should also be aware of the vast amount of user data and network information that are stored in the mobile SIM card such as ICCID, IMSI, and ADN. The aim of this study is to test various forensic tools to effectively gather critical evidence stored on the SIM card. In the first set of experiments, we compare the selected forensic tools in …

Assessing The Gap: Measure The Impact Of Phishing On An Organization, Brad Wardman

Annual ADFSL Conference on Digital Forensics, Security and Law

Phishing has become one of the most recognized words associated with cybercrime. As more organizations are being targeted by phishing campaigns, there are more options within the industry to deter such attacks. However, there is little research into how much damage these campaigns are causing organizations. This paper will show how financial organizations can be impacted by phishing and present a method for accurately quantifying resultant monetary losses. The methodology presented in this paper can be adapted to other organizations in order to quantify phishing losses across industries.

Keywords: phishing, cybercrime, economics

Wban Security Management In Healthcare Enterprise Environments, Karina Bahena, Manghui Tu

Annual ADFSL Conference on Digital Forensics, Security and Law

As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent such data breaches. Various vulnerabilities have been identified in healthcare enterprise environments, in which the Wireless Body Area Networks (WBAN) remains to be a major vulnerability, which can be easily taken advantage of by determined adversaries. Thus, vulnerabilities of WBAN systems and the effective countermeasure mechanisms to secure WBAN are urgently needed. In this research, first, the architecture of WBAN system has been explored, and the …

Forensics Analysis Of Privacy Of Portable Web Browsers, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Web browser vendors offer a portable web browser option which is considered as one of the features that provides user privacy. Portable web browser is a browser that can be launched from a USB flash drive without the need for its installation on the host machine. Most popular web browsers have portable versions of their browsers as well. Portable web browsing poses a great challenge to computer forensic investigators who try to reconstruct the past browsing history, in case of any computer incidence. This research examines various sources in the host machine such as physical memory, temporary, recent, event files, …

Reverse Engineering A Nit That Unmasks Tor Users, Matthew Miller, Joshua Stroschein, Ashley Podhradsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper is a case study of a forensic investigation of a Network Investigative Technique (NIT) used by the FBI to deanonymize users of a The Onion Router (Tor) Hidden Service. The forensic investigators were hired by the defense to determine how the NIT worked. The defendant was ac- cused of using a browser to access illegal information. The authors analyzed the source code, binary files and logs that were used by the NIT. The analysis was used to validate that the NIT collected only necessary and legally authorized information. This paper outlines the publicly available case details, how the …

Malware In The Mobile Device Android Environment, Diana Hintea, Robert Bird, Andrew Walker

Annual ADFSL Conference on Digital Forensics, Security and Law

exploit smartphone operating systems has exponentially expanded. Android has become the main target to exploit due to having the largest install base amongst the smartphone operating systems and owing to the open access nature in which application installations are permitted. Many Android users are unaware of the risks associated with a malware infection and to what level current malware scanners protect them. This paper tests how efficient the currently available malware scanners are. To achieve this, ten representative Android security products were selected and tested against a set of 5,560 known and categorized Android malware samples. The tests were carried …

Forensic Analysis Of Smartphone Applications For Privacy Leakage, Diana Hintea, Chrysanthi Taramonli, Robert Bird, Rezhna Yusuf

Annual ADFSL Conference on Digital Forensics, Security and Law

Smartphone and tablets are personal devices that have diffused to near universal ubiquity in recent years. As Smartphone users become more privacy-aware and -conscious, research is needed to understand how “leakage” of private information (personally identifiable information – PII) occurs. This study explores how leakage studies in Droid devices should be adapted to Apple iOS devices. The OWASP Zed Attack Proxy (ZAP) is examined for 50 apps in various categories. This study confirms that: (1) most apps transmit unencrypted sensitive PII, (2) SSL is used by some recipient websites, but without corresponding app compliance with SSL, and (3) most apps …

Inferring Previously Uninstalled Applications From Residual Partial Artifacts, Jim Jones, Tahir Khan, Kathryn Laskey, Alex Nelson, Mary Laamanen, Douglas White

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper, we present an approach and experimental results to suggest the past presence of an application after the application has been uninstalled and the system has remained in use. Current techniques rely on the recovery of intact artifacts and traces, e.g., whole files, Windows Registry entries, or log file entries, while our approach requires no intact artifact recovery and leverages trace evidence in the form of residual partial files. In the case of recently uninstalled applications or an instrumented infrastructure, artifacts and traces may be intact and complete. In most cases, however, digital artifacts and traces are al- …

One-Time Pad Encryption Steganography System, Michael J. Pelosi, Gary Kessler, Michael Scott S. Brown

Annual ADFSL Conference on Digital Forensics, Security and Law

In this paper we introduce and describe a novel approach to adaptive image steganography which is combined with One-Time Pad encryption, and demonstrate the software which implements this methodology. Testing using the state-of-the-art steganalysis software tool StegExpose concludes the image hiding is reliably secure and undetectable using reasonably-sized message payloads (≤25% message bits per image pixel; bpp). Payload image file format outputs from the software include PNG, BMP, JP2, JXR, J2K, TIFF, and WEBP. A variety of file output formats is empirically important as most steganalysis programs will only accept PNG, BMP, and possibly JPG, as the file inputs.

Keywords: …

Applying Grounded Theory Methods To Digital Forensics Research, Ahmed Almarzooqi, Andrew Jones, Richard Howley

Annual ADFSL Conference on Digital Forensics, Security and Law

Deciding on a suitable research methodology is challenging for researchers. In this paper, grounded theory is presented as a systematic and comprehensive qualitative methodology in the emergent field of digital forensics research. This paper applies grounded theory in a digital forensics research project undertaken to study how organisations build and manage digital forensics capabilities. This paper gives a step-by-step guideline to explain the procedures and techniques of using grounded theory in digital forensics research. The paper gives a detailed explanation of how the three grounded theory coding methods (open, axial, and selective coding) can be used in digital forensics research. …

Covert6: A Tool To Corroborate The Existence Of Ipv6 Covert Channels, Raymond A. Hansen, Lourdes Gino, Dominic Savio

Annual ADFSL Conference on Digital Forensics, Security and Law

Covert channels are any communication channel that can be exploited to transfer information in a manner that violates the system’s security policy. Research in the field has shown that, like many communication channels, IPv4 and the TCP/IP protocol suite have been susceptible to covert channels, which could be exploited to leak data or be used for anonymous communications. With the introduction of IPv6, researchers are acutely aware that many vulnerabilities of IPv4 have been remediated in IPv6. However, a proof of concept covert channel system was demonstrated in 2006. A decade later, IPv6 and its related protocols have undergone major …

Acceleration Of Statistical Detection Of Zero-Day Malware In The Memory Dump Using Cuda-Enabled Gpu Hardware, Igor Korkin, Iwan Nesterow

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper focuses on the anticipatory enhancement of methods of detecting stealth software. Cyber security detection tools are insufficiently powerful to reveal the most recent cyber-attacks which use malware. In this paper, we will present first an idea of the highest stealth malware, as this is the most complicated scenario for detection because it combines both existing anti-forensic techniques together with their potential improvements. Second, we will present new detection methods which are resilient to this hidden prototype. To help solve this detection challenge, we have analyzed Windows’ memory content using a new method of Shannon Entropy calculation; methods of …

Using Computer Behavior Profiles To Differentiate Between Users In A Digital Investigation, Shruti Gupta, Marcus Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

Most digital crimes involve finding evidence on the computer and then linking it to a suspect using login information, such as a username and a password. However, login information is often shared or compromised. In such a situation, there needs to be a way to identify the user without relying exclusively on login credentials. This paper introduces the concept that users may show behavioral traits which might provide more information about the user on the computer. This hypothesis was tested by conducting an experiment in which subjects were required to perform common tasks on a computer, over multiple sessions. The …