National Security Law Commons^™

Intellectual Capital: A Cautionary Note, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.

The Sweeping Domestic War Powers Of Congress, Saikrishna Bangalore Prakash

Michigan Law Review

With the Habeas Clause standing as a curious exception, the Constitution seems mysteriously mute regarding federal authority during invasions and rebellions. In truth, the Constitution speaks volumes about these domestic wars. The inability to perceive the contours of the domestic wartime Constitution stems, in part, from unfamiliarity with the multifarious emergency legislation enacted during the Revolutionary War. During that war, state and national legislatures authorized the seizure of property, military trial of civilians, and temporary dictatorships. Ratified against the backdrop of these fairly recent wartime measures, the Constitution, via the Necessary and Proper Clause and other provisions, rather clearly augmented …

Intellectual Capital: A Case For Cultural Change, Everett S. P. Spain, J. D. Mohundro, Bernard B. Banks

The US Army War College Quarterly: Parameters

No abstract provided.

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.

Beyond Information Sharing: Nato And The Foreign Fighter Threat, John R. Deni

The US Army War College Quarterly: Parameters

No abstract provided.

Has The United States Lost The Ability To Fight A Major War?, Steven Metz

The US Army War College Quarterly: Parameters

No abstract provided.

Security Assistance In Africa: The Case For More, Kristen A. Harkness

The US Army War College Quarterly: Parameters

No abstract provided.

Insider Threats And Organizational Root Causes: The 2009 Fort Hood Terrorist Attack, Amy Zegart

The US Army War College Quarterly: Parameters

No abstract provided.

The President's Wartime Detention Authority : What History Teaches Us, Anirudh Sivaram

Harvey M. Applebaum ’59 Award

This thesis examines the extent of the President’s wartime detention authority over citizens (in particular, detention authority pursuant to Article II of the U.S. Constitution) through a legal-historical lens. Some Presidents (Abraham Lincoln, Franklin Roosevelt, George W. Bush) have historically relied on Article II authority for detention, while others (Ulysses Grant, Barack Obama) have disclaimed the notion that such authority exists. Clarifying the scope and source of the Presidential detention authority over citizens bears both theoretical and real-world relevance. Theoretically, it lies at the confluence of two central American constitutional traditions – the separation of powers, and the protection of …

Discursive Security: F.B.I. Stings And The Nature Of Peace, Adam Testerman

Dissertations and Theses

The current study utilizes Critical Discourse Analysis and Thematic Analysis to study newspaper coverage of F.B.I. sting operations in The New York Times, Washington Post, and USA Today. F.B.I. sting operations are a modern counter-terrorism policy designed to preempt acts of terrorism. This study develops a theoretical approach to understanding F.B.I. sting operations by reviewing the critique of security. The critique of security suggests that nations construct threats in order to produce and maintain ideological and practical hegemony. Thematic categories of the newspaper discourse are formulated and analyzed in the context of security. The study employs aspects of grounded theory …

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a matter of …

Terrorism, The Law And Politics As Usual: A Comparison Of Anti-Terrorism Legislation Before And After 9/11, Mona Conway

Touro Law Review

No abstract provided.

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 …

An Empirical Comparison Of Widely Adopted Hash Functions In Digital Forensics: Does The Programming Language And Operating System Make A Difference?, Satyendra Gurjar, Ibrahim Baggili, Frank Breitinger, Alice Fischer

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are widespread in computer sciences and have a wide range of applications such as ensuring integrity in cryptographic protocols, structuring database entries (hash tables) or identifying known files in forensic investigations. Besides their cryptographic requirements, a fundamental property of hash functions is efficient and easy computation which is especially important in digital forensics due to the large amount of data that needs to be processed when working on cases. In this paper, we correlate the runtime efficiency of common hashing algorithms (MD5, SHA-family) and their implementation. Our empirical comparison focuses on C-OpenSSL, Python, Ruby, Java on Windows and …

Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin

Annual ADFSL Conference on Digital Forensics, Security and Law

Hardware virtualization technologies play a significant role in cyber security. On the one hand these technologies enhance security levels, by designing a trusted operating system. On the other hand these technologies can be taken up into modern malware which is rather hard to detect. None of the existing methods is able to efficiently detect a hypervisor in the face of countermeasures such as time cheating, temporary self-uninstalling, memory hiding etc. New hypervisor detection methods which will be described in this paper can detect a hypervisor under these countermeasures and even count several nested ones. These novel approaches rely on the …

Clapper V. Amnesty International Usa: Balancing National Security And Individuals' Privacy, Kristen Choi

Journal of the National Association of Administrative Law Judiciary

No abstract provided.