National Security Law Commons^™

Current Challenges And Future Research Areas For Digital Forensic Investigation, David Lillis, Brett A. Becker, Tadhg O’Sullivan, Mark Scanlon

Annual ADFSL Conference on Digital Forensics, Security and Law

Given the ever-increasing prevalence of technology in modern life, there is a corresponding increase in the likelihood of digital devices being pertinent to a criminal investigation or civil litigation. As a direct consequence, the number of investigations requiring digital forensic expertise is resulting in huge digital evidence backlogs being encountered by law enforcement agencies throughout the world. It can be anticipated that the number of cases requiring digital forensic analysis will greatly increase in the future. It is also likely that each case will require the analysis of an increasing number of devices including computers, smartphones, tablets, cloud-based services, Internet …

Forensic Analysis Of Ares Galaxy Peer-To-Peer Network, Frank Kolenbrander, Nhien-An Le-Khac, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

Child Abuse Material (CAM) is widely available on P2P networks. Over the last decade several tools were made for 24/7 monitoring of peer-to-peer (P2P) networks to discover suspects that use these networks for downloading and distribution of CAM. For some countries the amount of cases generated by these tools is so great that Law Enforcement (LE) just cannot handle them all. This is not only leading to backlogs and prioritizing of cases but also leading to discussions about the possibility of disrupting these networks and sending warning messages to potential CAM offenders. Recently, investigators are reporting that they are creating …

Keynote Speaker, Chuck Easttom

Annual ADFSL Conference on Digital Forensics, Security and Law

Conference Keynote Speaker, Chuck Easttom

Decrypting Our Security: A Bipartisan Argument For A Rational Solution To The Encryption Challenge, Jamil N. Jaffer, Daniel J. Rosenthal

Catholic University Journal of Law and Technology

No abstract provided.

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Electronic Devices At The Border: The Next Frontier Of Canadian Search And Seizure Law?, Robert Currie

Articles, Book Chapters, & Popular Press

Over the last several years the Supreme Court of Canada has developed its jurisprudence regarding the search and seizure of electronic devices, applying section 8 of the Canadian Charter of Rights and Freedoms in such a way as to assert and protect a significant amount of privacy in the devices and their data. Recent cases regarding the search of devices at Canada’s borders, however, do not reflect this case law. This is a situation made all the more complex by the generally attenuated expectation of privacy in the border context, and is worthy of inquiry. Using a pending border case …

Territoriality, Technology, And National Security, Zachary D. Clopton

Cornell Law Faculty Publications

Across various contexts, parties and courts have pressed for territorial rules in cases implicating technology and national security. This Essay suggests that presumptively territorial approaches to these questions are misguided. Territorial rules do not track the division of authority or capacity among the branches, nor are they effective proxies for the important interests of regulators or regulatees. On issues of technology and national security, territorial rules seem particularly ill suited: territorial rules aspire to certainty, but technology makes it harder to define “territoriality” in a consistent and predictable way; technology weakens territoriality as a proxy for policy goals because data …

The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li

Journal of Law and Policy

Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …

Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein

Journal of Law and Policy

Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …

Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Fourth Amendment Time Machines (And What They Might Say About Police Body Cameras), Stephen E. Henderson

Faculty Articles

When it comes to criminal investigation, time travel is increasingly possible. Despite longstanding roots in traditional investigation, science is today providing something fundamentally different in the form of remarkably complete digital records. And those big data records not only store our past, but thanks to data mining they are in many circumstances eerily good at predicting our future. So, now that we stand on the threshold of investigatory time travel, how should the Fourth Amendment and legislation respond? How should we approach bulk government capture, such as by a solar-powered drone employing wide-area persistent stare technology? Is it meaningfully different …

Implications For The Future Of Global Data Security And Privacy: The Territorial Application Of The Stored Communications Act And The Microsoft Case, Russell Hsiao

Catholic University Journal of Law and Technology

No abstract provided.

Why Education In The Law And Policy Of Cybersecurity Is A Must, Markus Rauschecker

Homeland Security Publications

No abstract provided.

Small Data Surveillance V. Big Data Cybersurveillance, Margaret Hu

Pepperdine Law Review

This Article highlights some of the critical distinctions between small data surveillance and big data cybersurveillance as methods of intelligence gathering. Specifically, in the intelligence context, it appears that “collect-it-all” tools in a big data world can now potentially facilitate the construction, by the intelligence community, of other individuals' digital avatars. The digital avatar can be understood as a virtual representation of our digital selves and may serve as a potential proxy for an actual person. This construction may be enabled through processes such as the data fusion of biometric and biographic data, or the digital data fusion of the …

Authorized Investigation: A Temperate Alternative To Cyber Insecurity, Casey M. Bruner

Seattle University Law Review

This Note aims to show that legal structures created to protect the Internet in its original form are completely insufficient to protect what the Internet has become. This antiquated legal framework is exacerbating the problem. The breadth of activity that the current law restricts severely limits the remedies that cyberattack victims can pursue, and it must be updated. While full hack-back may prove necessary in the long run, I argue for a more temperate initial response to the problem—I call this response “authorized investigation.” Specifically, the Computer Fraud and Abuse Act should be amended to allow victims access to their …

Trading Privacy For Angry Birds: A Call For Courts To Reevaluate Privacy Expectations In Modern Smartphones, Jeremy Andrew Ciarabellini

Seattle University Law Review

Of all the smartphone uses, the calling function is probably used the least. Rather, individuals more commonly use their smartphone for surfing the web, checking Facebook, and playing games. Highlighting the “smart” in smartphone, these phones often know more about their users’ daily activities than the users. Without requiring any sort of input, smartphones can tell the user how many steps they walk each day, when it is time to leave for work (also, of course, determining the traveling time with the most up-to-date traffic reports), and when an item recently ordered on Amazon will be delivered. Smartphone users may …

Tracking Criminals On Facebook: A Case Study From A Digital Forensics Reu Program, Daniel Weiss, Gary Warner

Annual ADFSL Conference on Digital Forensics, Security and Law

The 2014 Digital Forensics Research Experience for Undergraduates (REU) Program at the University of Alabama at Birmingham (UAB) focused its summer efforts on tracking criminal forums and Facebook groups. The UAB-REU Facebook team was provided with a list of about 60 known criminal groups on Facebook, with a goal to track illegal information posted in these groups and ultimately store the information in a searchable database for use by digital forensic analysts. Over the course of about eight weeks, the UAB-REU Facebook team created a database with over 400 Facebook groups conducting criminal activity along with over 100,000 unique users …

Towards A Digital Forensics Competency-Based Program: Making Assessment Count, Rose Shumba

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper describes an approach that UMUC has initiated to revise its graduate programs to a Competency-Based Education (CBE) curriculum. The approach, which is Learning Demonstration (LD) centric, includes the identification of learning goals and competences, identification and description of the LDs, mapping of the LDs to the competences, scripting the LDs, placing the LDs into the respective courses, validating the developed materials, and the development of the open learning resources. Programs in the Cybersecurity and Information Assurance Department, including the Digital Forensics and Cyber Investigations program, are being revised. An LD centric approach to curriculum development helps align programs …

Phishing Intelligence Using The Simple Set Comparison Tool, Jason Britt, Alan Sprague, Gary Warner

Annual ADFSL Conference on Digital Forensics, Security and Law

Phishing websites, phish, attempt to deceive users into exposing their passwords, user IDs, and other sensitive information by imitating legitimate websites, such as banks, product vendors, and service providers. Phishing investigators need fast automated tools to analyze the volume of phishing attacks seen today. In this paper, we present the Simple Set Comparison tool. The Simple Set Comparison tool is a fast automated tool that groups phish by imitated brand allowing phishing investigators to quickly identify and focus on phish targeting a particular brand. The Simple Set Comparison tool is evaluated against a traditional clustering algorithm over a month's worth …

Identifying Common Characteristics Of Malicious Insiders, Nan Liang, David Biros

Annual ADFSL Conference on Digital Forensics, Security and Law

Malicious insiders account for large proportion of security breaches or other kinds of loss for organizations and have drawn attention of both academics and practitioners. Although methods and mechanism have been developed to monitor potential insider via electronic data monitoring, few studies focus on predicting potential malicious insiders. Based on the theory of planned behavior, certain cues should be observed or expressed when an individual performs as a malicious insider. Using text mining to analyze various media content of existing insider cases, we strive to develop a method to identify crucial and common indicators that an individual might be a …

Continuous Monitoring System Based On Systems' Environment, Eli Weintraub, Yuval Cohen

Annual ADFSL Conference on Digital Forensics, Security and Law

We present a new framework (and its mechanisms) of a Continuous Monitoring System (CMS) having new improved capabilities, and discuss its requirements and implications. The CMS is based on the real-time actual configuration of the system and the environment rather than a theoretic or assumed configuration. Moreover, the CMS predicts organizational damages taking into account chains of impacts among systems' components generated by messaging among software components. In addition, the CMS takes into account all organizational effects of an attack. Its risk measurement takes into account the consequences of a threat, as defines in risk analysis standards. Loss prediction is …

Html5 Zero Configuration Covert Channels: Security Risks And Challenges, Jason Farina, Mark Scanlon, Stephen Kohlmann, Nhien-An Le-Khac, Tahar Kechadi

Annual ADFSL Conference on Digital Forensics, Security and Law

In recent months there has been an increase in the popularity and public awareness of secure, cloudless file transfer systems. The aim of these services is to facilitate the secure transfer of files in a peer-to-peer (P2P) fashion over the Internet without the need for centralized authentication or storage. These services can take the form of client installed applications or entirely web browser based interfaces. Due to the P2P nature, there is generally no limit to the file sizes involved or to the volume of data transmitted - and where these limitations do exist they will be purely reliant on …

Measuring Hacking Ability Using A Conceptual Expertise Task, Justin S. Giboney, Jeffrey G. Proudfoot, Sanjay Goel, Joseph S. Valacich

Annual ADFSL Conference on Digital Forensics, Security and Law

Hackers pose a continuous and unrelenting threat to organizations. Industry and academic researchers alike can benefit from a greater understanding of how hackers engage in criminal behavior. A limiting factor of hacker research is the inability to verify that self-proclaimed hackers participating in research actually possess their purported knowledge and skills. This paper presents current work in developing and validating a conceptual-expertise based tool that can be used to discriminate between novice and expert hackers. The implications of this work are promising since behavioral information systems researchers operating in the information security space will directly benefit from the validation of …

Invited Paper - A Profile Of Prolonged, Persistent Ssh Attack On A Kippo Based Honeynet, Craig Valli, Priya Rabadia, Andrew Woodard

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper is an investigation focusing on activities detected by SSH honeypots that utilised kippo honeypot software. The honeypots were located across a variety of geographical locations and operational platforms. The honeynet has suffered prolonged, persistent and attack from a /24 network which appears to be of Chinese geographical origin. In addition to these attacks, other attackers have been successful in compromising real hosts in a wide range of other countries that were subsequently involved in attacking the honeypot machines in the honeynet.

Keywords: Cyber Security, SSH, Secure Shell, Honeypots, Kippo

Inivited Paper - Potential Changes To Ediscovery Rules In Federal Court: A Discussion Of The Process, Substantive Changes And Their Applicability And Impact On Virginia Practice, Joseph J. Schwerha, Susan L. Mitchell, John W. Bagby

Annual ADFSL Conference on Digital Forensics, Security and Law

The Federal Rules of Civil Procedure (FRCP) are subject to a unique process also once used in revising the Federal Rules of Evidence (FRE). Today, this process is followed in revisions of the FRCP, the Federal Rules of Criminal Procedure and the Federal Bankruptcy Rules. This unique rulemaking process differs significantly from traditional notice and comment rulemaking required for a majority of federal regulatory agencies under the Administrative Procedure Act (APA).1 Most notably, rule-making for the federal courts’ procedural matters remain unaffected by the invalidation of legislative veto. It is still widely, but wrongly believed, that the legislative veto was …

On The Network Performance Of Digital Evidence Acquisition Of Small Scale Devices Over Public Networks, Irvin Homem, Spyridon Dosis

Annual ADFSL Conference on Digital Forensics, Security and Law

While cybercrime proliferates – becoming more complex and surreptitious on the Internet – the tools and techniques used in performing digital investigations are still largely lagging behind, effectively slowing down law enforcement agencies at large. Real-time remote acquisition of digital evidence over the Internet is still an elusive ideal in the combat against cybercrime. In this paper we briefly describe the architecture of a comprehensive proactive digital investigation system that is termed as the Live Evidence Information Aggregator (LEIA). This system aims at collecting digital evidence from potentially any device in real time over the Internet. Particular focus is made …

A Review Of Recent Case Law Related To Digital Forensics: The Current Issues, Kelly A. Cole, Shruti Gupta, Dheeraj Gurugubelli, Marcus K. Rogers

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics is a new field without established models of investigation. This study uses thematic analysis to explore the different issues seen in the prosecution of digital forensic investigations. The study looks at 100 cases from different federal appellate courts to analyze the cause of the appeal. The issues are categorized into one of four categories, ‘search and seizure’, ‘data analysis’, ‘presentation’ and ‘legal issues’. The majority of the cases reviewed related to the search and seizure activity.

Keywords: Computer Investigation, Case Law, Digital Forensics, Legal Issues, and Courts

A New Cyber Forensic Philosophy For Digital Watermarks In The Context Of Copyright Laws, Vinod P. Bhattathiripad, Sneha Sudhakaran, Roshna K. Thalayaniyil

Annual ADFSL Conference on Digital Forensics, Security and Law

The objective of this paper is to propose a new cyber forensic philosophy for watermark in the context of copyright laws for the benefit of the forensic community and the judiciary worldwide. The paper first briefly introduces various types of watermarks, and then situates watermarks in the context of the ideaexpression dichotomy and the copyright laws. It then explains the forensic importance of watermarks and proposes a forensic philosophy for them in the context of copyright laws. Finally, the paper stresses the vital need to incorporate watermarks in the forensic tests to establish software copyright infringement and also urges the …

A Survey Of Software-Based String Matching Algorithms For Forensic Analysis, Yi-Ching Liao

Annual ADFSL Conference on Digital Forensics, Security and Law

Employing a fast string matching algorithm is essential for minimizing the overhead of extracting structured files from a raw disk image. In this paper, we summarize the concept, implementation, and main features of ten software-based string matching algorithms, and evaluate their applicability for forensic analysis. We provide comparisons between the selected software-based string matching algorithms from the perspective of forensic analysis by conducting their performance evaluation for file carving. According to the experimental results, the Shift-Or algorithm (R. Baeza-Yates & Gonnet, 1992) and the Karp-Rabin algorithm (Karp & Rabin, 1987) have the minimized search time for identifying the locations of …

Investigating Forensics Values Of Windows Jump Lists Data, Ahmad Ghafarian

Annual ADFSL Conference on Digital Forensics, Security and Law

Starting with Windows 7, Microsoft introduced a new feature to the Windows Operating Systems called Jump Lists. Jump Lists stores information about user activities on the host machine. These activities may include links to the recently visited web pages, applications executed, or files processed. Computer forensics investigators may find traces of misuse in Jump Lists auto saved files. In this research, we investigate the forensics values of Jump Lists data. Specifically, we use several tools to view Jump Lists data on a virtual machine. We show that each tool reveal certain types of information about user’s activity on the host …