Legal Studies Commons^™

Artificial Meaning, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This Essay investigates the concept of artificial meaning, meanings produced by entities other than individual natural persons. That investigation begins in Part I with a preliminary inquiry into the meaning of “meaning,” in which the concept of meaning is disambiguated. The relevant sense of “meaning” for the purpose of this inquiry is captured by the idea of communicative content, although the phrase “linguistic meaning” is also a rough equivalent. Part II presents a thought experiment, The Chinese Intersection, which investigates the creation of artificial meaning produced by an AI that creates legal rules for the regulation of a hyper-complex conflux …

Cross-Border Targeted Killings: "Lawful But Awful"?, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Since September 11, the United States has waged two very open wars in Afghanistan and Iraq. These two wars have killed nearly 7,000 U.S. military personnel and left some 50,000 American troops wounded; they have also left an unknown number of Iraqi and Afghan soldiers and civilians dead or wounded. But alongside these two costly and visible wars, the United States has also been waging what amounts to a third war.

This third war is a secret war, waged mostly by drone strikes, though it has also involved a smaller number of special operations raids. The author calls this third …

Using Internet Artifacts To Profile A Child Pornography Suspect, Marcus K. Rogers, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

On Cyber Attacks And Signature Based Intrusion Detection For Modbus Based Industrial Control Systems, Wei Gao, Thomas H. Morris

Journal of Digital Forensics, Security and Law

Industrial control system communication networks are vulnerable to reconnaissance, response injection, command injection, and denial of service attacks. Such attacks can lead to an inability to monitor and control industrial control systems and can ultimately lead to system failure. This can result in financial loss for control system operators and economic and safety issues for the citizens who use these services. This paper describes a set of 28 cyber attacks against industrial control systems which use the MODBUS application layer network protocol. The paper also describes a set of standalone and state based intrusion detection system rules which can be …

Idiographic Digital Profiling: Behavioral Analysis Based On Digital Forensics, Chad M. Steel

Journal of Digital Forensics, Security and Law

Idiographic digital profiling (IDP) is the application of behavioral analysis to the field of digital forensics. Previous work in this field takes a nomothetic approach to behavioral analysis by attempting to understand the aggregate behaviors of cybercriminals. This work is the first to take an idiographic approach by examining a particular subject's digital footprints for immediate use in an ongoing investigation. IDP provides a framework for investigators to analyze digital behavioral evidence for the purposes of case planning, subject identification, lead generation, obtaining and executing warrants, and prosecuting offenders.

On Identities In Modern Networks, Libor Polcak, Radek Hranick, Tomas Martınek

Journal of Digital Forensics, Security and Law

Communicating parties inside computer networks use different kind of identifiers. Some of these identifiers are stable, e.g., logins used to access a specific service, some are only temporary, e.g., dynamically assigned IP addresses. This paper tackles several challenges of lawful interception that emerged in modern networks. The main contribution is the graph model that links identities learnt from various sources distributed in a network. The inferred identities result into an interception of more detailed data in conformance with the issued court order. The approach deals with network address translation, short-lived identifiers and simultaneous usage of different identities. The approach was …

Exploring Forensic Implications Of The Fusion Drive, Shruti Gupta, Marcus Rogers

Journal of Digital Forensics, Security and Law

This paper explores the forensic implications of Apple’s Fusion Drive. The Fusion Drive is an example of auto-tiered storage. It uses a combination of a flash drive and a magnetic drive. Data is moved between the drives automatically to maximize system performance. This is different from traditional caches because data is moved and not simply copied. The research included understanding the drive structure, populating the drive, and then accessing data in a controlled setting to observe data migration strategies. It was observed that all the data is first written to the flash drive with 4 GB of free space always …

Multi-Stakeholder Case Prioritization In Digital Investigations, Joshua I. James

Journal of Digital Forensics, Security and Law

This work examines the problem of case prioritization in digital investigations for better utilization of limited criminal investigation resources. Current methods of case prioritization, as well as observed prioritization methods used in digital forensic investigation laboratories are examined. After, a multi-stakeholder approach to case prioritization is given that may help reduce reputational risk to digital forensic laboratories while improving resource allocation. A survey is given that shows differing opinions of investigation priority between Law Enforcement and the public that is used in the development of a prioritization model. Finally, an example case is given to demonstrate the practicality of the …

An Efficient Similarity Digests Database Lookup – A Logarithmic Divide & Conquer Approach, Frank Breitinger, Christian Rathgeb, Harald Baier

Journal of Digital Forensics, Security and Law

Investigating seized devices within digital forensics represents a challenging task due to the increasing amount of data. Common procedures utilize automated file identification, which reduces the amount of data an investigator has to examine manually. In the past years the research field of approximate matching arises to detect similar data. However, if n denotes the number of similarity digests in a database, then the lookup for a single similarity digest is of complexity of O(n). This paper presents a concept to extend existing approximate matching algorithms, which reduces the lookup complexity from O(n) to O(log(n)). Our proposed approach is based …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

From The Editor, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

In this issue we have three papers that have made the cut. The first paper titled “The Cost of Privacy: Riley v. California’s Impact on Cell Phone Searches” is timely. In 2014 there was a unanimous decision that requires a warrant for all cell phone searches. This has some strong implications on the forensic analysis of mobile phones, and to that end, this article discusses and summarizes this legal precedent with its practical implications.

Leveraging Decentralization To Extend The Digital Evidence Acquisition Window: Case Study On Bittorrent Sync, Mark Scanlon, Jason Farina, Nhien A. Khac, Tahar Kechadi

Journal of Digital Forensics, Security and Law

File synchronization services such as Dropbox, Google Drive, Microsoft OneDrive, Apple iCloud, etc., are becoming increasingly popular in today’s always-connected world. A popular alternative to the aforementioned services is BitTorrent Sync. This is a decentralized/cloudless file synchronization service and is gaining significant popularity among Internet users with privacy concerns over where their data is stored and who has the ability to access it. The focus of this paper is the remote recovery of digital evidence pertaining to files identified as being accessed or stored on a suspect’s computer or mobile device. A methodology for the identification, investigation, recovery and verification …

Book Review: The X-Ways Forensics Practitioner's Guide, Linda Lau

Journal of Digital Forensics, Security and Law

Brett Shavers is a former law enforcement officer, a digital forensics examiner, an adjunct instructor, and a frequent speaker at many conferences. After writing his first book, titled Placing the Suspect Behind the Keyboard: Using Digital Forensics and Investigative Techniques to Identify Cybercrime Suspects, he co-wrote his 2nd book with Eric Zimmerman and Jimmy Weg, who is a knowledgeable technical editor. Both Brett and Eric are experts in cyber forensics, with many years of law enforcement experience at both the state and federal levels.

The Cost Of Privacy: Riley V. California’S Impact On Cell Phone Searches, Jennifer L. Moore, Jonathan Langton, Joseph Pochron

Journal of Digital Forensics, Security and Law

Riley v. California is the United States Supreme Court’s first attempt to regulate the searches of cell phones by law enforcement. The 2014 unanimous decision requires a warrant for all cell phone searches incident to arrest absent an emergency. This work summarizes the legal precedent and analyzes the limitations and practical implications of the ruling. General guidelines for members of the criminal justice system at all levels consistent with the Supreme Court’s decision are provided.

Quantifying Relevance Of Mobile Digital Evidence As They Relate To Case Types: A Survey And A Guide For Best Practice, Shahzad Saleem, Ibrahim Baggili, Oliver Popov

Journal of Digital Forensics, Security and Law

In this work, a survey was conducted to help quantify the relevance of nineteen types of evidence (such as SMS) to seven types of digital investigations associated with mobile devices (MD) (such as child pornography). 97 % of the respondents agreed that every type of digital evidence has a different level of relevance to further or solve a particular investigation. From 55 serious participants, a dataset of 5,772 responses regarding the relevance of nineteen types of digital evidence for all the seven types of digital investigations was obtained. The results showed that (i) SMS belongs to the most relevant type …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Developing A Conceptual Framework For Modeling Deviant Cyber Flash Mob: A Socio-Computational Approach Leveraging Hypergraph Constructs, Samer Al-Khateeb, Nitin Agarwal

Journal of Digital Forensics, Security and Law

In a Flash Mob (FM) a group of people get together in the physical world perform an unpredicted act and disperse quickly. Cyber Flash Mob (CFM) is the cyber manifestation of flash mob coordinated primarily using social media. Deviant Cyber Flash Mob (or, DCFM) is a special case of CFM, which is categorized as the new face of transnational crime organizations (TCOs). The DCFM phenomenon can be considered as a form of a cyber-collective action that is defined as an action aiming to improve group’s conditions (such as, status or power). In this paper, we conduct a conceptual analysis of …

Mass School Shootings: Predicting The Usage Of Firearms In Acts Of School Violence, Melanie A. Hart

College of Graduate Studies: Theses & Dissertations

Due to increased media attention and associated fear, school shootings have become a major concern for the public. Attempts to predict and prevent shootings have been developed by a variety of government agencies such as the Center for Disease Control and Prevention and the Federal Bureau of Investigation. A psychological profile, however, has yet to be established. This study uses demographic and behavioral characteristics of perpetrators and school characteristics to predict the likelihood of a perpetrator’s usage of firearms. A total of 345 perpetrators of mass school violence incidents are examined, including 266 who used firearms. White perpetrators and those …

Friends Of Justice: Does Social Media Impact The Public Perception Of The Justice System?, Nicola A. Boothe-Perry

Journal Publications

Lawyers have long been recognized as being necessary in the effective functioning of an ordered society in roles as both officers of the court and, more broadly, as officers of the system of justice. In 2014, the ABA Task Force on the Future of Legal Education report noted that "[s]ociety has a deep interest in the competence of lawyers, in their availability to serve society and clients, in the broad public role they can play, and in their professional values." Values such as those noted in the Model Rules of Professional Conduct (advisor, counselor, and advocate) are instrumental in the …

The First Attempt At Federalizing Tort Law And Why It Failed.", Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

In the 1970s, the US Congress meticulously considered the possibility of creating a federal law of torts. The federal effort began almost a decade after many state supreme courts had expanded manufacturer liability for defective products. The state-level expansion caused a reaction among state and federal legislatures. The initial federal presence took the form of investigatory efforts, but those were soon followed by legislative proposals. The federal legislative proposals occurred simultaneously with some states' efforts to enact their own products liability laws. Although the states' tort laws might present variations on a theme, the possibilities for federal intervention in the …

Intellectual Diversity In The Legal Academy, Nicholas Quinn Rosenkranz

Georgetown Law Faculty Publications and Other Works

Elite law faculties are overwhelmingly liberal. Jim Lindgren has proven the point empirically. The author adds his impressions from Georgetown Law School to reinforce the point. Georgetown Law School is a faculty of 120, and, to the author's knowledge, the number of professors who are openly conservative, or libertarian, or Republican or, in any sense, to the right of the American center, is three—three out of 120. There are more conservatives on the nine-member United States Supreme Court than there are on this 120-member faculty. Moreover, the ideological median of the other 117 seems to lie not just left of …

J. Skelly Wright And The Limits Of Liberalism, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

This essay, written for a symposium on the life and work of United States Court of Appeals Judge J. Skelly Wright, makes four points. First, Judge Wright was an important participant in the liberal legal tradition. The tradition sought to liberate law from arid formalism and to use it as a technique for progressive reform. However, legal liberals also believed that there were limits on what judges could do–-limits rooted in both its liberalism and its legalism. Second, Wright occupied a position on the left fringe of the liberal legal tradition, and he therefore devoted much of his career to …

Rationalizing Voter Suppression: How North Carolina Justified The Nation's Strictest Voting Law, Megan C. Raymond

Scripps Senior Theses

In recent years, there has been a dramatic increase in instances of Republican-dominated state legislatures proposing changes to election law that some see as protecting electoral integrity and others understand as intended to suppress votes of traditionally Democratic constituencies. This thesis is a detailed collection of the rationales used to justify these changes, as examined through a case study of North Carolina’s enactment of the omnibus Voter Information Verification Act of 2013 (VIVA). By also including the arguments proffered during the legislative process by opponents of the law, and after evaluating the merits of the arguments on both sides, I …

La Tirania De La Invisibilidad: La Necesidad De Reconocer Y Analizar La Violencia De Genero En La Argentina, Laura Mallison

Scripps Senior Theses

This thesis examines gender violence in Argentina in the context of the historic continuum of gender inequality, with a more in-depth analysis of gender violence during the 1976-1983 dictatorship. I argue that gender violence is perpetuated and normalized by its lack of recognition as a political issue with ramifications extending to daily life. I use the construction of a collective memory of the Dictatorship as a framework for making the intricacies of gender violence more visible and provide a detailed analysis of two laws against gender violence to demonstrate its systematic nature. Ultimately, laws are not sufficient to address such …

Creative Engagements Indeed! Open "Disciplines," The Allure Of Others, And Intellectual Fertility, David A. Westbrook

Journal Articles

No abstract provided.

Disputed Paraphilia Diagnoses And Legal Decision Making: A Case Law Survey Of Paraphilia Nos, Nonconsent, Christopher M. King, Lindsey E. Wylie, Eve M. Brank, Kirk Heilbrun

Department of Psychology: Faculty Publications

Paraphilia diagnoses applied in forensic settings are an ongoing subject of debate among psycholegal professionals and scholars. Disagreements pertain to both means-related issues having to do with issues of diagnostic reliability and validity, and ends-related issues regarding the consequences inherent to the legal contexts in which the diagnoses arise. To provide a fresh outlook on some of the issues, the present study entailed a systematic survey of U.S. case law to investigate the history, extent, and nature of forensic uses of a controversial paraphilia diagnosis, paraphilia not otherwise specified, nonconsent. Descriptive analyses revealed that use of the diagnosis, which occurred …

Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell

Center on Children, Families, and the Law: Faculty Publications

This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.

An Empirical Study Of Appointed Counsel Effectiveness In Jury Trials, James Patrick Hall

Walden Dissertations and Doctoral Studies

Anecdotal evidence supports the belief among indigent individuals who are assigned defense counsel that they would be better represented by privately retained counsel. This perspective jeopardizes attorney effectiveness by reducing communication and trust between the attorney and client. Research on the effectiveness of counsel is sparse. The purpose of this quantitative study was to bridge this gap in knowledge by comparing the effectiveness of privately retained and publicly appointed counsel between 2008 and 2013, both before and after the imposition of state-wide compensation limitations on publicly appointed defense counsel. The theoretical framework was Stuntz's theory, which stresses that one part …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Book Review: The Basics Of Digital Forensics: The Primer For Getting Started In Digital Forensics, Stephen Larson

Journal of Digital Forensics, Security and Law

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics is well-named–it really is very basic. And it should be, as the book’s intended audience includes entry-level digital forensics professionals and complimentary fields such as law enforcement, legal, and general information security. Though the copyright is 2012, some of the data is from 2009, and there is mention of estimates for 2010.