Legal Studies Commons^™

After Five Years Of E-Discovery Missteps: Sanctions Or Safe Harbor?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

In 2003 the Zubulake case became the catalyst of change in the world of e-discovery. In that case Judge Shira Scheindlin of the United States District Court for the Southern District of New York set guidelines for e-discovery that served as the basis for amending the Federal Rules of Civil Procedure (FRCP) in December 2006. The amendments incorporated a number of concepts that were described by Judge Scheindlin in the Zubulake case. ( Zubulake v. UBS Warburg LLC, 2003) Since the Zubulake case and the FRCP amendments, numerous cases have interpreted these rules changes, but one of the main points …

Multi-Parameter Sensitivity Analysis Of A Bayesian Network From A Digital Forensic Investigation, Richard E. Overill, Echo P. Zhang, Kam-Pui Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

A multi-parameter sensitivity analysis of a Bayesian network (BN) used in the digital forensic investigation of the Yahoo! email case has been performed using the principle of ‘steepest gradient’ in the parameter space of the conditional probabilities. This procedure delivers a more reliable result for the dependence of the posterior probability of the BN on the values used to populate the conditional probability tables (CPTs) of the BN. As such, this work extends our previous studies using singleparameter sensitivity analyses of BNs, with the overall aim of more deeply understanding the indicative use of BNs within the digital forensic and …

Facilitating Forensics In The Mobile Millennium Through Proactive Enterprise Security, Andrew R. Scholnick

Annual ADFSL Conference on Digital Forensics, Security and Law

This work explores the impact of the emerging mobile communication device paradigm on the security-conscious enterprise, with regard to providing insights for proactive Information Assurance and facilitation of eventual Forensic analysis. Attention is given to technology evolution in the areas of best practices, attack vectors, software and hardware performance, access and activity monitoring, and architectural models.

Keywords: Forensics, enterprise security, mobile communication, best practices, attack vectors.

Cloud Forensics Investigation: Tracing Infringing Sharing Of Copyrighted Content In Cloud, Yi-Jun He, Echo P. Zhang, Lucas C.K. Hui, Siu Ming Yiu, K.P. Chow

Annual ADFSL Conference on Digital Forensics, Security and Law

Cloud Computing is becoming a significant technology trend nowadays, but its abrupt rise also creates a brand new front for cybercrime investigation with various challenges. One of the challenges is to track down infringing sharing of copyrighted content in cloud. To solve this problem, we study a typical type of content sharing technologies in cloud computing, analyze the challenges that the new technologies bring to forensics, formalize a procedure to get digital evidences and obtain analytical results based on the evidences to track down illegal uploader. Furthermore, we propose a reasoning model based on the probability distribution in a Bayesian …

Ipad2 Logical Acquisition: Automated Or Manual Examination?, Somaya Ali, Sumaya Alhosani, Farah Alzarooni, Ibrahim Baggili

Annual ADFSL Conference on Digital Forensics, Security and Law

Due to their usage increase worldwide, iPads are on the path of becoming key sources of digital evidence in criminal investigations. This research investigated the logical backup acquisition and examination of the iPad2 device using the Apple iTunes backup utility while manually examining the backup data (manual examination) and automatically parsing the backup data (Lantern software - automated examination). The results indicate that a manual examination of the logical backup structure from iTunes reveals more digital evidence, especially if installed application data is required for an investigation. However, the researchers note that if a quick triage is needed of an …

A Fuzzy Hashing Approach Based On Random Sequences And Hamming Distance, Frank Breitinger, Harald Baier

Annual ADFSL Conference on Digital Forensics, Security and Law

Hash functions are well-known methods in computer science to map arbitrary large input to bit strings of a fixed length that serve as unique input identifier/fingerprints. A key property of cryptographic hash functions is that even if only one bit of the input is changed the output behaves pseudo randomly and therefore similar files cannot be identified. However, in the area of computer forensics it is also necessary to find similar files (e.g. different versions of a file), wherefore we need a similarity preserving hash function also called fuzzy hash function. In this paper we present a new approach for …

The Xbox 360 And Steganography: How Criminals And Terrorists Could Be "Going Dark", Ashley Podhradsky, Rob D’Ovidio, Cindy Casey

Annual ADFSL Conference on Digital Forensics, Security and Law

Video game consoles have evolved from single-player embedded systems with rudimentary processing and graphics capabilities to multipurpose devices that provide users with parallel functionality to contemporary desktop and laptop computers. Besides offering video games with rich graphics and multiuser network play, today's gaming consoles give users the ability to communicate via email, video and text chat; transfer pictures, videos, and file;, and surf the World-Wide-Web. These communication capabilities have, unfortunately, been exploited by people to plan and commit a variety of criminal activities. In an attempt to cover the digital tracks of these unlawful undertakings, anti-forensic techniques, such as steganography, …

Double-Compressed Jpeg Detection In A Steganalysis System, Jennifer L. Davidson, Pooja Parajape

Annual ADFSL Conference on Digital Forensics, Security and Law

The detection of hidden messages in JPEG images is a growing concern. Current detection of JPEG stego images must include detection of double compression: a JPEG image is double compressed if it has been compressed with one quality factor, uncompressed, and then re-compressed with a different quality factor. When detection of double compression is not included, erroneous detection rates are very high. The main contribution of this paper is to present an efficient double-compression detection algorithm that has relatively lower dimensionality of features and relatively lower computational time for the detection part, than current comparative classifiers. We use a model-based …

Toward Alignment Between Communities Of Practice And Knowledge-Based Decision Support, Jason Nichols, David Biros, Mark Weiser

Annual ADFSL Conference on Digital Forensics, Security and Law

The National Repository of Digital Forensics Information (NRDFI) is a knowledge repository for law enforcement digital forensics investigators (LEDFI). Over six years, the NRDFI has undertaken significant design revisions in order to more closely align the architecture of the system with theory addressing motivation to share knowledge and communication within ego-centric groups and communities of practice. These revisions have been met with minimal change in usage patterns by LEDFI community members, calling into question the applicability of relevant theory when the domain for knowledge sharing activities expands beyond the confines of an individual organization to a community of practice. When …

A Proposal For Incorporating Programming Blunder As Important Evidence In Abstraction-Filtration-Comparison Test, P. Vinod Bhattathiripad

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper investigates an unexplored concept in Cyber Forensics, namely, a Programming Blunder. Programming Blunder is identified as a variable or a code segment or a field in a database table, which is hardly used or executed in the context of the application or the user’s functionality. Blunder genes can be found in many parts of any program. It is the contention of this paper that this phenomenon of blunders needs to be studied systematically from its very genetic origins to their surface realizations in contrast to bugs and flaws, especially in view of their importance in software copyright infringement …

Update On The State Of The Science Of Digital Evidence Examination, Fred Cohen

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper updates previous work on the level of consensus in foundational elements of digital evidence examination. Significant consensus is found present only after definitions are made explicit, suggesting that, while there is a scientific agreement around some of the basic notions identified, the use of a common language is lacking.

Keywords: Digital forensics examination, terminology, scientific methodology, testability, validation, classification, scientific consensus

A Multilevel Analysis Of County And State Variation In The Severity Of Sentences Imposed In Large Urban Courts, Kimberly Helen Martin

Dissertations

This study explored the structural sources behind variability in the sentences applied to felons convicted in state courts located across the U.S. Multilevel regression models were used to explore whether various state and county-level attributes help to account for why defendants experience a significantly higher probability of incarceration versus probation in certain jurisdictions. Drawing upon a broad theoretical landscape, the analyses test several hypotheses derived from macro level theories of social control which predict that that the legal and organizational culture of courts, and the socioeconomic and political attributes of the communities they serve, influence sentencing outcomes. This study sought …

A Comparison And Assessment Of Attitudes Towards Sexual Violence At A Mid-Size Southern University, Jessica Vinson

Honors Theses

The goal of this research was to compare and assess undergraduate students’ attitudes towards sexual violence at a mid-size southern university. The respondents were recruited through an online survey distributed through a Facebook event and also through the university’s e-mail network. Attitudes were assessed through statistical means. Respondents were questioned regarding their attitudes towards sexual violence, sexual education, sexual victimization, level of self-control, and victimization of others.

Tying The Knot: Determining The Legality Of Same-Sex Marriage And The Courts’ Responsibilities In Defining The Right, Eva Cerreta

Honors Scholar Theses

Ambiguous terms and phrases in the United States Bill of Rights have caused a great deal of controversy throughout United States history over what rights truly exist and which branch of government should be responsible for determining those rights. These questions are currently being debated in states throughout the country concerning the right to same-sex marriage. This thesis answers these questions of legality and responsibility concerning the right to same-sex marriage. The thesis uses case law of the doctrinal development of the Equal Protection Clause and the right to privacy to suggest that the Equal Protection Clause provides the soundest …

Perceptions Of Community-Based Advocates In Jefferson County, Colorado Concerning Intimate Partner Violence Against Women, Amanda A. Lathrop

Regis University Student Publications (comprehensive collection)

This qualitative study explored perceptions of community-based advocates in Jefferson County, Colorado and their experience assisting victims of intimate partner violence against women. Open-ended interview questionnaires were collected from community-based advocates and used to derive the perceptions community-based advocates hold with regard to access to community resources, ability to establish social support, improve quality of life, and ultimately reduce re-abuse. Results of these perceptions were combined with and compared to previous secondary research by Deborah Bybee and Cris Sullivan. This research of victims' perceived effectiveness combined with data collected from advocates' perceived effectiveness allowed for further insight into intimate partner …

An Examination Of Perceived Stress Levels And Coping Styles Among Rural Law Enforcement Officers, Marcos Luis Misis

Dissertations

Policing is a very stressful job. Despite the extensive body of research on police stress, the majority of studies have focused solely on officers within urban police departments. Research on stress within rural law enforcement departments is virtually non-existent even though the majority of police agencies in America serve towns and areas under 50,000 residents.

This study had four main goals: (1) to examine how work-related stress affects the levels of perceived stress, anxiety, and depression for rural law enforcement officers; (2) to explore the specific stressors affecting rural law enforcement officers; (3) to investigate how rural law enforcement officers …

An Examination Of Factors Affecting Information Sharing Among Law Enforcement Agencies, Scott Driskill Bransford

Dissertations

The purpose of the present study was to investigate using survey data to find factors or barriers which contributed to local law enforcement participation and support of intelligence information sharing. Following the September 11, 2001, attacks in New York City and Arlington, Virginia, new homeland security initiatives and directives were created from the legislative and executive branches of the federal government. Several new initiatives and directives provided new communication opportunities for partnerships between all levels of law enforcement to combat the future threat of domestic terrorism.

The evaluation literature indicated that a majority of post-9/11, initiatives, including the creation of …

Capecitabine Induced Hand And Foot Syndrome And The Reproducibility Of Friction Skin, Rodney Allen Schenk

Master's Theses

In 2008, a 62 year old male was detained by United States Customs and Immigration officials when attempting to enter the United States because his fingerprints were not detectable. It was later reported by his medical doctor in Singapore that the individual suffered from Hand and Foot Syndrome (palmar-plantar erythrodysaesthesia) as a result of his cancer treatment of capecitabine (N4-pentyloxycarbonyl-5-deoxy-5- fluorocytidine) which causes interruptions to the normal growth of keratinocytes in the friction skin. Capecitabine is a recently developed, orally administered fluoropyrimidine prodrug designed to generate 5-fluorouracil through a three-step enzymatic process giving it antineoplastic properties to combat cancerous tumor …

Cuba's Deepwater Drilling Operations United States Relations, Legalities, And Future, Olivia Walker

HIM 1990-2015

After the calamitous and environmentally devastating occurrence of the Deepwater Horizon Oil Spill in the Gulf of Mexico in 2010, the sobering realities of the United States' failure to successfully protect its ocean waters have caused several modifications in policy, legislation, and overall direction ofthe entire nation. Although there has been a general shift towards ecological safety and away from the pursuit to drill, oil-drilling explorations have continued to take place in internationally. This research will focus on the future operations of Repsol YPF, S.A., a Spanish oil company stationed in Cuba, whose drilling ambitions have caused a myriad of …

Causes And Effects: An Examination Of Legislative Professionalism As An Independent And Dependent Variable In State Legislatures, Alexandra Edelstein

Mahurin Honors College Capstone Experience/Thesis Projects

Professionalism’s dual role as an independent and dependent variable makes the impact of its institutional characteristics on legislator attitudes and behavior important to understand. Professionalism affects the behavior and attitudes of the same legislators who control the strength of its characteristics through the policies they create. In this two-part study, I measure the influence of personal and contextual factors on legislator attitudes towards the adequacy of legislative professionalism in state legislatures. I then identify the effects of legislative professionalism on legislator allocation of time. I find that political (party) and personal (ambition) factors play the primary roles in shaping how …

Recidivism Rates Of Committed Youth, 2006 - 2009, Becky Noreus, Robyn Dumont

Justice Policy

The Maine Department of Corrections (MDOC) Division of Juvenile Services (DJS) collaborates with the Muskie School of Public Service in a state‐university partnership to analyze juvenile recidivism rates. DJS measures juvenile justice outcomes to guide policy and program development geared toward recidivism reduction. Reduction of youth recidivism in Maine increases public safety.

This report uses multiple recidivism measures: re‐arrest, re‐adjudication/conviction, and recommitment. To be consistent with other reports, most analysis focuses on re‐adjudication/conviction.

This report measures DJS impact on youth who have been committed to a MDOC facility by examining rates of recidivism.

Real Estate Law The American Dream Transfigured Into The American Mortgage Crisis, Maricruz Aguiar

HIM 1990-2015

Real Estate law is the body of rules and regulations with legal codes that concern ownership, development and transactions. Real Estate has grown to be one of the main contributors to the nation's financial system. For decades, the housing market has been such an integral part of the economy. Unfortunately, in the beginning of the twenty-first century lax regulatory oversight led the nation to an economic collapse. Indeed, federal, state and local governments have become heavily involved in solving the downward spiral in the economy. This research focuses on the mortgage crisis in order to show how Real Estate law …

Propaganda Exposed A Glimpse Into The Truth Of Hidden Agendas, Carolyn Park

HIM 1990-2015

Government propaganda has been a topic of interest since America was founded, and today is no exception. Every recent Presidential Administration has been accused of using taxpayer dollars to fund propaganda. Although the funding of propaganda has been prohibited by the Consolidated Appropriations Act since 1951, it still occurs frequently. There is no entity that reviews government correspondence before it is released to the public, so government agencies are free to produce what they feel is appropriate even if it is prohibited by the Act. Furthermore, there is no law that specifically forbids government propaganda, and the current punishments amount …

Crimes Against Caring: Compassion Fatigue, Burnout And Self-Care Practices Among Professionals Working With Crimes Against Children, Patrick Quinn Brady

Criminal Justice Graduate Projects and Theses

Working with cases involving crimes against children requires individuals to be directly and indirectly exposed to graphic material including images, videos, and statements made by child victims. Exposure to traumatic events can have a profound and lasting effect on everyone who is directly and indirectly involved. Because of this, helping professionals who have extended exposure to traumatized populations are more susceptible to psychological distress. Through an exhaustive review of the literature, this paper identifies the prevalence of compassion fatigue, burnout, compassion satisfaction among forensic interviewers and professionals working with cases involving crimes against children. The utilization of self-care methods from …

Florida's Medical Malpractice Tort Reform A Cognitive Analysis Of Litigious, Legislative Promulgation And Jurisprudence, Joseph Formoso

HIM 1990-2015

Public opinion in recent years has been seemingly manipulated by superfluous stories, bad press, and negative commentaries regarding the perceived "Medical Malpractice Crisis." It has initiated a political attack on Florida's tort system which has resulted in making valid medical malpractice claims even more so difficult for victimized plaintiffs to pursue. After months of diligent research, and with the loyal aid of my university advisors and the dedicated law librarians I've had the honor to work with, I have thoroughly analyzed Florida's past and present medical malpractice tort reforms and governing procedural laws; in addition to arguing, by virtue of …

Immigration Law And Enforcement The Role Of States And Local Authorities, Yisell Rodriguez

HIM 1990-2015

Immigration law and its enforcement are controversial and highly debated topics. States are increasing their role in the enforcement of immigration law by enacting laws that allow local law enforcement to function as immigration officers with the intent of decreasing the illegal alien population within their jurisdiction. The primary focus of this thesis is to determine whether state and local police have the legal power to enforce immigration laws that have been the jurisdiction of the Federal Government for decades. There are two sides that are discussed in this thesis, the proponents who are in favor of increased participation and …

An Examination Of The History And Effect Of American Sex Offense Laws And Offender Registration, David Shabat-Love

HIM 1990-2015

America's Sex Offense statutes and cases are some of the most controversial sections of modern law, both for the extreme sensitivity of their subject matter as well as the scope and application of those laws. This thesis is an analysis and overview of both the objective and subjective issues posed by the current state of those very laws: the subjective portion explored the development of current laws and the diverse attendant legal issues such as over-broadness and excessive or misdirected effect as compared to the Legislative and public intent which directly led to the development of these laws. Additionally a …

Medicate To Execute Constitutional And Ethical Considerations, Adam Schultz

HIM 1990-2015

The United States Supreme Court has not yet examined several aspects of the death penalty. One aspect is the ability for the state to forcefully medicate an incompetent inmate, which may result in the inmate appearing competent for execution. While the Supreme Court' ruled that it is unconstitutional to execute an inmate who is incompetent, inmates who would have had their executions vacated due to mental illness are executed because the state can put them on an involuntary medication regimen. According to many experts, involuntary medication regimens mask the affects of their illness instead of providing a cure. Experts often …

The Duality Of Florida's Criminal Pretrial Diversion Programs A Separate Treatment Court For Veterans, David Vanzandt

HIM 1990-2015

This thesis examines two issues facing Florida's young and fledgling Veteran Treatment Courts. First is whether or not a separate hybrid court of already existing mental health and drug courts is needed exclusively for veterans; and second, funding and efficiency of such courts as compared to traditional criminal institutions.

The Weak Registry The Constitutionality And Effectiveness Of Legal Restrictions On Convicted Sex Offenders, Andrea-Li Medina

HIM 1990-2015

Over the last few decades our society has moved towards restricting where sexual offenders can live, work, and overall congregate. This issue has been the focus of great public attention due to the media's role in bringing these offenders to the light. Whether it is through the news, movies, TV series, books, talk shows, newspapers articles, etc., these offenders are constantly being talked about. Every body of government in the United States has moved towards implementing restrictions that are aimed at keeping sex offenders away from places where they are considered a potential danger. However, what it is not talked …