Legal Studies Commons^™

An Ontology-Based Forensic Analysis Tool, Mohammed Alzaabi, Andy Jones, Thomas A. Martin

Annual ADFSL Conference on Digital Forensics, Security and Law

The analysis of forensic investigation results has generally been identified as the most complex phase of a digital forensic investigation. This phase becomes more complicated and time consuming as the storage capacity of digital devices is increasing, while at the same time the prices of those devices are decreasing. Although there are some tools and techniques that assist the investigator in the analysis of digital evidence, they do not adequately address some of the serious challenges, particularly with the time and effort required to conduct such tasks. In this paper, we consider the use of semantic web technologies and in …

First Glance: An Introductory Analysis Of Network Forensics Of Tor, Raymond Hansen

Annual ADFSL Conference on Digital Forensics, Security and Law

The Tor network is a low-latency overlay network for TCP flows that is designed to provide privacy and anonymity to its users. It is currently in use by many as a means to avoid censorship of both information to be shared and information to be retrieved. This paper details the architecture of the Tor network as a platform for evaluating the current state of forensic analysis of the Tor network. Specific attempts to block access to the Tor network are examined to identify (a) the processes utilized to identify Tor nodes, and (b) the resulting exposure of potentially inculpatory evidence. …

A Thematic Review Of User Compliance With Information Security Policies Literature, David Sikolia

Annual ADFSL Conference on Digital Forensics, Security and Law

The adoption of computer and internet technology has greatly improved the way businesses operate. However the risk to the confidentiality, integrity and availability of organizational data and systems has greatly increased too. Information security is an ever present concern for all organizations. Financial estimates of the impact of security breaches to information and technology resources range from hundreds of billions to over one trillion dollars each year worldwide (D'Arcy et al., 2011b). Organizations have therefore developed a combination of technical, administrative, and physical controls to reduce this risk (D'Arcy et al., 2011a). Administrative measures include the development of information security …

Journey Into Windows 8 Recovery Artifacts, W. K. Johnson

Annual ADFSL Conference on Digital Forensics, Security and Law

One of the most difficult processes of digital forensics is to understand how new technology interacts with current technology and how digital forensic analysts can utilize current Digital Forensics technologies and processes to recover and find information hidden. Microsoft has released their new operating system Windows 8, with this new release Microsoft has added some features to the operating system that will present some interesting complications to digital forensics. Since the initial release of the Windows 8 Release Candidates there have been some research released that focus primarily on the new user created artifacts and a few artifacts that have …

An Image Forensic Scheme With Robust And Fragile Watermarking For Business Documents, Sai Ho Kwok

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper proposes an image forensic scheme with both robust and fragile watermarking techniques for business documents. Through a dual watermarking approach, the proposed scheme can achieve image forensics objectives of (a) identification of source; (b) authentication of documents; and (c) locating the tempered areas of documents due to attacks. An example is presented to prove the concepts of the proposed scheme.

Keywords: Image Forensics, Fragile and Robust Watermarking, Business Document.

Significance Of Semantic Reconciliation In Digital Forensics, Nickson M. Karie, H. S. Venter

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital forensics (DF) is a growing field that is gaining popularity among many computer professionals, law enforcement agencies and other stakeholders who must always cooperate in this profession. Unfortunately, this has created an environment replete with semantic disparities within the domain that needs to be resolved and/or eliminated. For the purpose of this study, semantic disparity refers to disagreements about the meaning, interpretation, descriptions and the intended use of the same or related data and terminologies. If semantic disparity is not detected and resolved, it may lead to misunderstandings. Even worse, since the people involved may not be from the …

System-Generated Digital Forensic Evidence In Graphic Design Applications, Enos Mabuto, Hein Venter

Annual ADFSL Conference on Digital Forensics, Security and Law

Graphic design applications are often used for the editing and design of digital art. The same applications can be used for creating counterfeit documents such as identity documents (IDs), driver’s licences, passports, etc. However, the use of any graphic design application leaves behind traces of digital information that can be used during a digital forensic investigation. Current digital forensic tools examine a system to find digital evidence, but they do not examine a system specifically for the creating of counterfeit documents created through the use of graphic design applications. The paper in hand reviews the system-generated digital forensic evidence gathered …

Money Laundering Detection Framework To Link The Disparate And Evolving Schemes, Murad Mehmet, Duminda Wijesekera, Miguel F. Buchholtz

Annual ADFSL Conference on Digital Forensics, Security and Law

Money launderers hide traces of their transactions with the involvement of entities that participate in sophisticated schemes. Money laundering detection requires unraveling concealed connections among multiple but seemingly unrelated human money laundering networks, ties among actors of those schemes, and amounts of funds transferred among those entities. The link among small networks, either financial or social, is the primary factor that facilitates money laundering. Hence, the analysis of relations among money laundering networks is required to present the full structure of complex schemes. We propose a framework that uses sequence matching, case-based analysis, social network analysis, and complex event processing …

Identifying Peer-To-Peer Traffic On Shared Wireless Networks, Simon Piel, Ej Jung

Annual ADFSL Conference on Digital Forensics, Security and Law

Tracing contraband downloads leads investigators to an IP address, and in turn Internet Service Providers (ISP) can provide a physical location using this IP address. However, most homes and offices share this IP address among many computers using wireless networks. In other words, there needs to be another investigation to find out which computer was responsible for contraband downloads. To make matters worse, these shared wireless networks often have vulnerabilities in access control such as using WEP or using weak passwords. In such cases, any computer in range, not necessarily at the given physical address, could be responsible. We use …

On Resolving The Cloud Forensics Conundrum, John Bagby

Annual ADFSL Conference on Digital Forensics, Security and Law

The “cloud” is idiom for an ill-defined set of online services. The cloud simultaneously offers IT savings and promises advances in functionality (e.g., ubiquity). However, the cloud also imposes poorly understood burdens on security and it may provoke injustice. Thus, the cloud presents a durable and seemingly irreconcilable conundrum for the digital forensics communit(ies). First, cloud proponents make efficiency promises for cloud services (SaaS, IaaS, PaaS). These translate well into the digital forensics domain. Indeed, the cloud may enable crowd sourcing of investigatory data vastly lowering costs of dispute resolution. For example, cloud-based litigation war rooms may reduce electronic discovery …

Cybercrime And Punishment: An Analysis Of The Deontological And Utilitarian Functions Of Punishment In The Information Age, Karim Jetha

Annual ADFSL Conference on Digital Forensics, Security and Law

This conceptual piece analyzes the role of criminal punishment and the nature of cyber crime to investigate whether the current punishment schemes are appropriate given the deontological and utilitarian goals of punishment: retribution, deterrence, incapacitation, and rehabilitation. The research has implications for policymaking in cybercriminal law.

Keywords: cybercrime, criminal law, punishment, retribution, deterrence, information economics

The Development Of Computer Forensic Legal System In China, Yonghao Mai, K. P. Chow, Rongsheng Xu, Gang Zhou, Fei Xu, Jun Zhang

Annual ADFSL Conference on Digital Forensics, Security and Law

The computer forensic discipline was established around 2000 in China, which was further developed along with Chinese judicial appraisal system in 2005. The new criminal and civil procedure laws of the People’s Republic of China was enacted on 1 Jan 2013. The new laws specified electronic data is legal evidence and has great impact on the current practice on handling electronic evidence. This paper introduces the electronic data and electronic evidence examination procedure in mainland China, the general concept of computer forensic legal system, the management of computer judicial experts, the management of computer judicial expertise institutions.

Keywords: China legal …

The Only Thing That Stops A Guy With A Bad Policy Is A Guy With A Good Policy: An Examination Of The Nra’S “National School Shield” Proposal, Gordon A. Crews, Angela D. Crews, Catherine E. Burton

Criminal Justice Faculty Research

With the recent tragedy at Sandy Hook Elementary in Newtown, CT, the public and the government are looking for solutions to school violence. The National Rifle Association (NRA), a Second Amendment, pro-gun advocacy group, has proposed an “education and training emergency response program” called The National School Shield, which advocates the placement of armed security in schools. Although the program sounds provocative, serious questions complicate its plausibility, necessity, motive, and effectiveness. Furthermore, the potential policy and practical ramifications of encouraging armed security forces in U.S. schools are complex. The authors examined the proposal’s key elements from a public policy perspective …

Against Endowment Theory: Experimental Economics And Legal Scholarship, Gregory Klass, Kathryn Zeiler

Georgetown Law Faculty Publications and Other Works

Endowment theory holds the mere ownership of a thing causes people to assign greater value to it than they otherwise would. The theory entered legal scholarship in the early 1990s and quickly eclipsed other accounts of how ownership affects valuation. Today, appeals to a generic “endowment effect” can be found throughout the legal literature. More recent experimental results, however, suggest that the empirical evidence for endowment theory is weak at best. When the procedures used in laboratory experiments are altered to rule out alternative explanations, the “endowment effect” disappears. This and other recent evidence suggest that mere ownership does not …

Gender Discrimination In The Workforce, Natalie Hays, Katherine Morrow

Social Sciences

No abstract provided.

The Plea Bargain Crisis For Noncitizens In Misdemeanor Court, Jason A. Cade

Scholarly Works

This Article considers three factors contributing to a plea-bargain crisis for noncitizens charged with misdemeanors: 1) the expansion of deportation laws to include very minor offenses with little opportunity for discretionary relief from removal; 2) the integration of federal immigration enforcement programs with the criminal justice system; and 3) the institutional norms in non-federal lower criminal courts, where little attention is paid to evidence or individual equities and where bail and other process costs generally outweigh perceived incentives to fight charges. The Article contends that these factors increase the likelihood that a noncitizen’s low-level conviction will not reliably indicate guilt …

Hedge Fund Manager Registration Under The Dodd-Frank Act, Wulf A. Kaal

San Diego Law Review

Part I of this Article introduces the issue of hedge fund registration and the tension between regulators and the hedge fund industry regarding the appropriate level of regulatory oversight. After a short introduction of historical attempts to register hedge fund managers, Part II describes the legal requirements in the Dodd-Frank Act pertaining to hedge fund managers. Over fifty years of low-level regulatory oversight for the hedge fund industry came to an end with the enactment of the Dodd-Frank Act. Part III outlines the methodological approach of the survey study. It introduces the survey instrument, data sources, sampling, coding, and coding …

The Spatial: A Forgotten Dimension Of Property, Paul Babie

San Diego Law Review

This Article explores, such a spatial turn in the case of property theory requires further elaboration and exploration. First, analytically, the spatial turn can be used to reassemble what we already know about property to recognize expressly the spatial dimension of property, thus revealing what has always been there but which has rarely been named and discussed: property emerges from, exists in, and is replicated through space. Second, and equally important, normatively, revealing the spatial dimension adds context to the social understanding of property and thereby allows us to see and encourage further exploration of the role of property as …

A Class Act? Social Class Affirmative Action And Higher Education, Maimon Schwarzschild

San Diego Law Review

Comparing class preferences with racial preferences helps to point up some of the reasons for the allure of class preferences but also points up some of the problems. A crucial consideration is the question of who is to receive class preference. For example, what about immigrants and their children? In general, social class is difficult to define, and this very difficulty would confer great discretion and power on faculties and academic administrators who undertake to bestow class preferences: discretion that would be open to abuse for political, ideological, and other ends. Finally, there is the question of whether preferential treatment …

The Limits Of Being Transgendered, Kristin Zimmerman, Linda Shuhaiber

Themis: Research Journal of Justice Studies and Forensic Science

Society’s construction of what is acceptable and what is the norm excludes those struggling with the issue of gender identity. Stigmatization of the trans-community has led to a number of issues that have ostracized this group of individuals and created a divide within society. Judgments, misconduct, and assumptions about transgendered and transsexual individuals come as a result of a lack of awareness and knowledge regarding this misrepresented group of people. The unfortunate truth of the matter is that there is no quick fix to the issue at hand. Educating society, changes in policy and the practicing of social acceptance is …

Confirmation Bias: The Pitfall Of Forensic Science, Scott Moser

Themis: Research Journal of Justice Studies and Forensic Science

As it stands, forensic science and its practitioners are held in high regard in criminal court proceedings due to their ability to discover irrefutable facts that would otherwise go unnoticed. Nevertheless, forensic scientists can fall victim to natural logical fallacies. More specifically, confirmation bias is “a proclivity to search for or interpret additional information to confirm beliefs and to steer clear of information that may disagree with those prior beliefs” (Budlowe et al., 2009, p. 803). To restore the integrity of the forensic sciences, the sources of confirmation bias need to be identified and eliminated. Accordingly, empirical studies have given …

Review Of Capote’S In Cold Blood, Yevgeniy Mayba

Themis: Research Journal of Justice Studies and Forensic Science

No abstract provided.

Team Policing Revisited: A Quasi-Experimental Evaluation In Las Vegas, Nevada, Natalie Nicole Martinez

UNLV Theses, Dissertations, Professional Papers, and Capstones

In 1967, the President's Commission on Law Enforcement and Administration of Justice recommended team policing, which involves the decentralization of patrol officers and investigators to the same, defined geographical area, as a way to more effectively organize police officers and improve crime control. Despite initial enthusiasm from police officers and administrators, team policing quickly faded from use during the 1970s because its design was incompatible with the centralized model of policing prevalent at that time. However, the implementation of community-oriented policing, which promotes various organizational changes and the use of problem-focused strategies, has changed police departments in recent years and …

The Patriot Act: Liberty Afire, Mark Fox

Themis: Research Journal of Justice Studies and Forensic Science

The USA PATRIOT Act was written and passed into law in the United States within weeks of the devastating 9/11 terrorist attack. Its purpose was to strengthen and realign U.S. policy to allow greater judicial power to better protect the U.S. from further acts of terrorism. However, as the legal tenets of the Act became more transparent, public concern mounted over the wide latitude given to the governmental agencies that seemed to threaten academic and intellectual freedom and overall civil liberties. The problems inherent in the USA PATRIOT Act are described, and potential amendments and improvements have been suggested.

Clark Memorandum: Spring 2013, J. Reuben Clark Law Society, Byu Law School Alumni Association, J. Reuben Clark Law School

The Clark Memorandum

• Becoming a Fruitful Tree (Elizabeth A. Clark)
• Unfolding in Time (Elder Dallin H. Oaks)
• Faith to Forgive Grievous Harms (James R. Rasband)
• The 21st Century as the Century of Duties? (John W. Welch)

Justice For War Criminals: The Trials Of Nazi Concentration Camp Guards At Dachau, Jarrid Trudeau

Honors Projects in History and Social Sciences

This paper will seek to explore whether or not Nazi war criminals tasked with manning and staffing the various concentration and death camps were in any way entitled to due process of law upon their capture and trial. This concept is debated among international Holocaust scholars and often discussed with purely apodictic arguments based upon a lack of understanding of military law. This paper will discuss in detail the rights, liberties, and treatment of Nazi war criminals after World War II in relation to the trials of concentration camp guards. It will also necessarily explore and explicate the misunderstood military …

Foreword, I. William Zartman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

Criminal Justice & Criminology have a long history of using qualitative methods in the conduct of research, but to date there has been neither a qualitative journal in criminal justice, nor one in criminology. That has now changed with this first issue of the Journal of Qualitative Criminal Justice & Criminology (JQCJC); and as one leading scholar recently told me, “It’s about time!”

Hearts In The Wasteland: Redeeming The Moral Self In Corrections, Allison M. Hicks

Qualitative Criminology (QC)

"In this article, I examine the emotional culture of prisons as perceived by prison chaplains, a population characterized by conflicting expectations and split loyalties. Expected to enforce institutional rules and punish rule violators, chaplains are also charged with the spiritual rehabilitation of their clients. Greer (2002) argues that prisons represent rich environments for exploring emotion management, being simultaneously emotionally inciting and constraining for those individuals living and working within them. To better understand this duality, I explore chaplains’ interpersonal management of inmates’ emotions. Based on qualitative interview data, I describe some of the assumptions chaplains make about inmates’ emotions and …

Looking Back At Other People’S Money: A Qualitative Test Of Cressey’S Classic Hypothesis Of Trust Violating Behavior, Paul M. Klenowski, Heith Copes

Qualitative Criminology (QC)

"Cressey’s study of trust violators has had a tremendous impact on how criminologists understand white collar offenders. Despite this, few have sought to replicate or validate his findings. The aim of this study is to replicate Cressey’s classic work to determine if it still has practical theoretical value today. To do this, we relied on data collected from 25 male federally incarcerated occupational offenders using semi-structured interviews. The results indicate that there is moderate empirical support for Cressey’s hypothesis when collectively examining all three components of his hypothesis. We found only minimal support for the importance of “non-shareable problems” because …