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Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

A State-Of-The-Art Review Of Cloud Forensics, Sameera Almulla, Youssef Iraqi, Andrew Jones

Journal of Digital Forensics, Security and Law

Cloud computing and digital forensics are emerging fields of technology. Unlike traditional digital forensics where the target environment can be almost completely isolated, acquired and can be under the investigators control; in cloud environments, the distribution of computation and storage poses unique and complex challenges to the investigators. Recently, the term “cloud forensics” has an increasing presence in the field of digital forensics. In this state-of-the-art review, we included the most recent research efforts that used “cloud forensics” as a keyword and then classify the literature into three dimensions: (1) survey-based, (2) technology-based and (3) forensics-procedural-based. We discuss widely accepted …

Understanding Computer Forensics Requirements In China Via The “Panda Burning Incense” Virus Case, Frank Law, K. P. Chow, Y. H. Mai

Journal of Digital Forensics, Security and Law

In March 2012, Mainland China has amended its Criminal Procedure Law, which includes the introduction of a new type of evidence, i.e., digital evidence, to the court of law. To better understand the development of computer forensics and digital evidence in Mainland China, this paper discusses the Chinese legal system in relation to digital investigation and how the current legal requirements affect the existing legal and technical usage of digital evidence at legal proceedings. Through studying the famous “Panda Burning Incense (Worm.WhBoy.cw)” virus case that happened in 2007, this paper aims to provide a better understanding of how to properly …

Forensics Of Software Copyright Infringement Crimes: The Modern Posar Test Juxtaposed With The Dated Afc Test, Vinod P. Bhattathiripad

Journal of Digital Forensics, Security and Law

This paper presents a new development in the forensics of software copyright through a juxtaposed comparison between the proven AFC test and the recent POSAR test, the two forensic procedures for establishing software copyright infringement cases. First, the paper separately overviews the 3-stage, linear sequential AFC test and then the 5-phase, cyclic POSAR test (as AFC’s logical extension). The paper then compares the processes involved in each of the 5 phases of the POSAR test with the processes involved in the 3 stages in the AFC test, for the benefit of forensic practitioners and researchers. Finally, the paper discusses some …

Fighting Child Pornography: A Review Of Legal And Technological Developments, Jasmine V. Eggestein, Kenneth J. Knapp

Journal of Digital Forensics, Security and Law

In our digitally connected world, the law is arguably behind the technological developments of the Internet age. While this causes many issues for law enforcement, it is of particular concern in the area of child pornography in the United States. With the wide availability of technologies such as digital cameras, peer-to-peer file sharing, strong encryption, Internet anonymizers and cloud computing, the creation and distribution of child pornography has become more widespread. Simultaneously, fighting the growth of this crime has become more difficult. This paper explores the development of both the legal and technological environments surrounding digital child pornography. In doing …

A Study Of Forensic Imaging In The Absence Of Write-Blockers, Gary C. Kessler, Gregory H. Carlton

Journal of Digital Forensics, Security and Law

Best practices in digital forensics demand the use of write-blockers when creating forensic images of digital media, and this has been a core tenet of computer forensics training for decades. The practice is so ingrained that the integrity of images created without a write-blocker are immediately suspect. This paper describes a research framework that compares forensic images acquired with and without utilizing write-blockers in order to understand the extent of the differences, if any, in the resultant forensic copies. We specifically address whether differences are superficial or evidentiary, and we discuss the impact of admitting evidence acquired without write blocking. …

Automated Evaluation Of Approximate Matching Algorithms On Real Data, Frank Breitinger, Vassil Roussev

Electrical & Computer Engineering and Computer Science Faculty Publications

Bytewise approximate matching is a relatively new area within digital forensics, but its importance is growing quickly as practitioners are looking for fast methods to screen and analyze the increasing amounts of data in forensic investigations. The essential idea is to complement the use of cryptographic hash functions to detect data objects with bytewise identical representation with the capability to find objects with bytewise similarrepresentations.

Unlike cryptographic hash functions, which have been studied and tested for a long time, approximate matching ones are still in their early development stages and evaluation methodology is still evolving. Broadly, prior approaches have …

Book Review: American Jericho: A Book Review Of The Hanging Judge By Michael A. Ponsor, Giovanna Shay

Faculty Scholarship

No abstract provided.

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

Educating The Next Generation Of Cyberforensic Professionals, Mark Pollitt, Philip Craiger

Publications

This paper provides a historical overview of the development of cyberforensics as a scientific discipline, along with a description of the current state of training, educational programs, certification and accreditation. The paper traces the origins of cyberforensics, the acceptance of cyberforensics as a forensic science and its recognition as a component of information security. It also discusses the development of professional certification and standardized bodies of knowledge that have had a substantial impact on the discipline. Finally, it discusses the accreditation of cyberforensic educational programs, its linkage with the bodies of knowledge and its effect on cyberforensic educational programs.

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 …

Replication Of Known Dental Characteristics In Porcine Skin: Emerging Technologies For The Imaging Specialist, L. Thomas Johnson, Thomas W. Radmer, Dean C. Jeutter, Gary L. Stafford, Joseph Thulin, Thomas Wirtz, George Corliss, Kwang Woo Ahn, Alexis Visotky, Ronald L. Groffy

School of Dentistry Faculty Research and Publications

This study demonstrates that it is sometimes possible to replicate patterns of human teeth in pig skin and determine scientifically that a given injury pattern (bite mark) correlates with the dentitions of a very small proportion of a population dataset, e.g., 5 percent or even 1 percent. The authors recommend building on the template of this research with a sufficiently large database of samples that reflects the diverse world population. They also envision the development of a sophisticated imaging software application that enables forensic examiners to insert parameters for measurement, as well as additional methods of applying force to produce …

A Side Of Justice Rarely Seen: Professional Perspectives Toward Youth Justice And Sentencing Procedures In The Exploratory Context Of Canada And Russia, Serge Lokshin M.A.

Theses and Dissertations (Comprehensive)

This thesis contributes to the growing body of literature on comparative youth justice and policy. By analyzing dilemmas faced by youth in justice systems from the perspective of Canada and Russia, the study argues that professional outlooks have a considerable significance for understanding the legal system and its function, and play an important role in shaping judicial administration concerning juveniles. An investigation into professional perspectives on youth justice is used to formulate an understanding of the issues for young people within the legal systems of the respective regions, the sentencing procedures, and the social and procedural contentions facing youth on …

Green And Grey: Water Justice, Privatization, And Resistance, William Mcclanahan

Online Theses and Dissertations

Since its initial proposal in the 1990s, `green criminology' has focused on environmental crimes and harms affecting non-human and human life, ecosystems, and the planet as a whole. Describing global trends toward privatization of water supply systems and the criminalization of several water conservation activities and tactics, this paper employs theoretical perspectives offered by green, cultural, and critical criminologies, focusing on overt resistance to water privatization and oppressive regulations governing rainwater storage and residential water recycling. Taking a critical theoretical perspective, this paper examines water access and autonomy, individuals and groups openly resisting the criminalization of household water reuse and …

Social Class And Capital Punishment: A Theoretical And Empirical Analysis, Jennifer L. Tilley

Online Theses and Dissertations

While it is generally assumed that virtually all persons executed in the United States are poor, the social class - execution link has not been well documented or theorized in the literature. Far more research has analyzed the relationship of race and gender to execution. Using data on executions carried out in Texas between 2000 and 2012, individuals sentenced to death from the Supreme Court's Gregg decision through 1997 in Tennessee, narrative case studies, and a content analysis of state-defined mitigating circumstances, this study provides both detailed documentation of the social class characteristics of those executed, as well as a …

Exploring The Responsibilities Of Wildlife Law Enforcement Officers: An Examination Of Citations Issued By Kentucky Conservation Officers, Conrad Morgan Lanham

Online Theses and Dissertations

Conservation officers are law enforcement agents whose primary responsibility is the enforcement of statutes regarding wildlife. Several bodies of research have noted the expansion of law enforcement capabilities and responsibilities of conservation officers to include the enforcement of general laws that fall outside the conservation officers' original mandate. The purpose of this study is to explore the work roles of contemporary conservation officers in Kentucky. Using data from citations issued by Kentucky conservation officers from 2006 to 2011, this research examines patterns of wildlife violations, boating violations, and general violations across time and space. Comparisons of these types of violations …

Bankster's Paradise: The Importance Of Discourse In Creating A Haven For Criminogenic Banks In The United States, Maria Jacqueline Bordt

Online Theses and Dissertations

This work examines the ways in which language can contribute to a cultural climate in which white-collar crime is no longer considered "deviant," but rather is considered part of a normally functioning political economy. The 2012 money laundering case involving HSBC is examined in conjunction with the rhetoric of popular financial counselor Dave Ramsey. This research seeks to define how language involving the accumulation of capital is equated with virtuousness, thus constructing a myth about the criminality inherent to "legitimate" capital enterprises.

The Heroin Problem: Learning From Past Experiments In Narcotic Maintenance, Ashley Marie Phillips

Online Theses and Dissertations

The following paper examines the ongoing political, legal and cultural debate regarding heroin maintenance in the U.S. that emerged after the passage of the Harrison Act. Moreover, it focuses on the United States' very brief experimentation with narcotics maintenance clinics from 1914-1924 and why the clinic system was ultimately dismantled by the Treasury Department. This paper also highlights the U.S. public policy debate that emerged as early as the 1950s and continues today to develop heroin maintenance trials.

Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale

Faculty Scholarship

In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …

“White Collar” Crimes, Samuel W. Buell

Faculty Scholarship

In addition to serving as a précis of the subject of ‘white collar’ crime, this chapter does three things. First, it deals with white collar crime’s longstanding definitional problem, rejecting several standard approaches and arguing that the category is most usefully understood according to the conceptual legal problem these offenses generate. White collar crimes, much more than other offenses, are committed in social settings in which undesirable behaviors are embedded within socially welcome conduct. Thus they are difficult to set apart and extract through clearly specified ex ante rules of law. Second, the chapter illustrates this definitional claim, and discusses …

The Self-Regulation Of Investment Bankers, Andrew F. Tuch

Scholarship@WashULaw

As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for broker-dealers, FINRA functions as the equivalent of the self-regulatory bodies governing other professionals, such as lawyers and accountants. Unlike the self-regulation of these professionals, however, the self-regulation of investment bankers has thus far attracted scant scholarly attention.

This Article evaluates the effectiveness of this self-regulatory system in deterring investment bankers’ misconduct. Based on a hand-collected data set of every disciplinary …

Systemic Barriers To Effective Assistance Of Counsel In Plea Bargaining, Peter A. Joy, Rodney J. Uphoff

Scholarship@WashULaw

In a trio of recent cases, Padilla v. Kentucky, Missouri v. Frye, and Lafler v. Cooper, the U.S. Supreme Court has focused its attention on defense counsel's pivotal role during the plea bargaining process . At the same time that the Court has signaled its willingness to consider ineffective assistance of counsel claims at the plea stage, prosecutors are increasingly requiring defendants to sign waivers that include waiving all constitutional and procedural errors, even unknown ineffective assistance of counsel claims such as those that proved successful in Padilla and Frye. Had Jose Padilla and Galin Frye been forced to sign …

Revisiting The Influence Of Law Clerks On The U.S. Supreme Court's Agenda-Setting Process, Christina L. Boyd, Ryan C. Black, Amanda C. Bryan

Scholarship@WashULaw

Do law clerks influence U.S. Supreme Court Justices’ decisions in the Court’s agenda-setting stage? For those Justices responding to their own law clerks’ cert recommendations, we expect a high degree of agreement between Justice and clerk. For non-employing Justices, however, we anticipate that the likelihood of agreement between clerk and Justice will vary greatly based on the interplay among the ideological compatibility between a Justice and the clerk, the underlying certworthiness of the petition for review, and the clerk’s final recommendation. Relying on a newly collected dataset of petitions making the Court’s discuss list over the 1986 through 1993 Terms, …

Law Schools And The Legal Profession: A Way Forward, Peter A. Joy

Scholarship@WashULaw

Publicity about law schools for the past several years has been consistently bad. In news article after news article, the unifying theme has been that that there are too many lawyers, too many law schools, and that going to law school for a legal career is either a costly, risky proposition or simply a bad idea.' Of course, these laments about the legal education and the legal profession stem from the decline in the employment for lawyers in the United States since the financial crisis of 2008. While some see this simply as a mismatch in supply and demand - …

Big Data Ethics, Neil M. Richards, Jonathan H. King

Scholarship@WashULaw

We are on the cusp of a “Big Data” Revolution, in which increasingly large datasets are mined for important predictions and often surprising insights. The predictions and decisions this revolution will enable will transform our society in ways comparable to the Industrial Revolution. We are now at a critical moment; big data uses today will be sticky and will settle both default norms and public notions of what is “no big deal” regarding big data predictions for years to come.

In this paper, we argue that big data, broadly defined, is producing increased powers of institutional awareness and power that …

Watching The Watchers, Neil M. Richards

Scholarship@WashULaw

In this essay from Wired Magazine (UK)'s special edition, The Wired World in 2014, Prof. Richards argues that sousveillance–watching the watchers–is an important development that will be on the rise in 2014.

The Four Freedoms And The Future Of Religious Liberty, John D. Inazu

Scholarship@WashULaw

The First Amendment’s rights of speech, press, religion, and assembly were once “interwoven” but distinct. Together, these freedoms advanced a pluralist skepticism of state orthodoxy that protected religious and other forms of liberty. The connections among these rights were evident at the Framing. They were also prominent during the 1930s and 1940s, when legal and political rhetoric recognized the “preferred position” of the “Four Freedoms.” We have lost sight of the Four Freedoms, supplanting their unified distinctiveness with an undifferentiated free speech framework driven by unsatisfying concepts like content neutrality and public forum analysis. It did not have to be …

Implicit Bias Deserves Our Explicit Attention, Kimberly Jade Norwood

Scholarship@WashULaw

What are implicit biases? In brief, we all walk around with two sets of attitudes and beliefs: our conscious (explicit) attitudes and our unconscious (implicit) attitudes. Scientists believe that human consciousness takes up approximately 10 percent of our brain activity. That means that for most things, our unconscious mind is doing the work. Implicit biases exist within our unconscious mind. Our brains are bombarded with millions of bits of information every second. To avoid overload, our brains automatically categorize information into schemas that we use to guide us in our everyday living.

More Is More: Strengthening Free Exercise, Speech, And Association, John D. Inazu

Scholarship@WashULaw

Prominent scholars have suggested that one important means of strengthening the First Amendment is by limiting its protections to “core” interests. Philip Hamburger has asserted the argument most forcefully. His generalized worry is that expanding the coverage of First Amendment rights can shift absolute protection of a defined core to contingent “balancing” for all claims asserted under those rights. In Hamburger’s words, “more is less.” We can think of cautions like these as arguments for rights confinement. On this view, legal doctrine will be most resilient to cultural pressures when it is construed narrowly. But the interplay between doctrine and …

The Far-Reaching Shadow Cast By Ferguson, Kimberly Jade Norwood

Scholarship@WashULaw

In the Dred Scott case, Justice Taney remarked that black people “had no rights which the white man was bound to respect.” In The Far-Reaching Shadow Cast by Ferguson, Professor Norwood questions whether, in today’s society, Justice Taney’s sentiment still holds true. Citing examples of recent police shootings and beatings of unarmed African-Americans and personal and family experiences, Professor Norwood argues that our country is broken and needs fixing. Professor Norwood concludes that we are not the ‘post-racial’ society we claim to be and that the Michael Brown shooting, among others, provides a watershed moment to confront our country’s underlying …