Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?,
2015
University of Richmond
Commercial Drones And Privacy: Can We Trust States With ‘Drone Federalism’?, Robert H. Gruber
Richmond Journal of Law & Technology
Judge Andrew Napolitano said recently of unmanned aircraft systems (“UAS”), or “drones,” that “[t]he first American patriot that shoots down one of these drones that comes too close to his children in his backyard will be an American hero.”
"Records Management Law" - A Necessary Major Field Of The Practice Of Law,
2015
Schulich School of Law, Dalhousie University
"Records Management Law" - A Necessary Major Field Of The Practice Of Law, Ken Chasse
Canadian Journal of Law and Technology
‘‘Records management law” will be a necessary area of specialization because: (1) electronic records are now produced by most commercial, communication, transmission of data, and social, formal, and semi-formal interactions; (2) therefore they are the foundation of many kinds of legislation; (3) records are the most frequently used kind of evidence in legal proceedings; and, (4) electronic records are as important to daily living as are motor vehicles, and will become more important. But the legal infrastructure of statutes, guidelines, and case law that controls the use of electronic records as evidence is very inadequate because it ignores these facts: …
Technological Neutrality Explained & Applied To Cbc V. Sodrac,
2015
Schulich School of Law, Dalhousie University
Technological Neutrality Explained & Applied To Cbc V. Sodrac, Cameron J. Hutchison
Canadian Journal of Law and Technology
This article explores technological neutrality in the factual context of CBC v. SODRAC, heard before the Supreme Court of Canada in March of 2015 with decision pending at the time of publication. After outlining the history of the case in the first part, this article concludes with an application of the principle of technological neutrality, as non-interference, to the case. The only result coherent with the Supreme Court’s prior case law is to not treat non-usable or dormant incidental copies as reproductions under the Act. The status of permanent copies that serve a useful and identifiable purpose, e.g. archived copies, …
Disruption And Deference,
2015
Fordham University School of Law
Disruption And Deference, Olivier Sylvain
Faculty Scholarship
Online video streaming applications enable users to watch over the-air broadcast programs at any time and almost on any device. As such, they challenge the pertinence of traditional video distribution law and the broadcast network system on which it is based. Congress enacted the Transmit Clause of the 1976 Copyright Act to resolve the high-stakes tussle between broadcasters and cable providers. But, today, that provision is ill-suited to resolving whether unauthorized streaming infringes on broadcasters’ copyright to perform works publicly. Its scope is ambiguous enough that judges across the country were notably divided on whether it reaches online video distribution—that …
Project Maelstrom: Forensic Analysis Of The Bittorrent-Powered Browser,
2015
University College, Dublin
Project Maelstrom: Forensic Analysis Of The Bittorrent-Powered Browser, Jason Farina, M-Tahar Kechadi, Mark Scanlon
Journal of Digital Forensics, Security and Law
In April 2015, BitTorrent Inc. released their distributed peer-to-peer powered browser, Project Maelstrom, into public beta. The browser facilitates a new alternative website distribution paradigm to the traditional HTTP-based, client-server model. This decentralised web is powered by each of the visitors accessing each Maelstrom hosted website. Each user shares their copy of the website;s source code and multimedia content with new visitors. As a result, a Maelstrom hosted website cannot be taken offline by law enforcement or any other parties. Due to this open distribution model, a number of interesting censorship, security and privacy considerations are raised. This paper explores …
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection,
2015
The Catholic University of America, Columbus School of Law
Confronting Big Data: Applying The Confrontation Clause To Government Big Data Collection, Chad Squitieri
Scholarly Articles
When government investigators request data from companies such as Google, they obtain data on targeted individuals with a guarantee that the data has been collected, stored, and analyzed properly. These guarantees constitute a testimonial statement under the Confrontation Clause. Similar to lab analysts who submit test results of cocaine samples or blood alcohol levels, this Note argues that analysts involved with the collection, storage, and analysis of big data must be available for confrontation under the Sixth Amendment.
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research,
2015
Erasmus University Rotterdam, University of Amsterdam
Is Europe Falling Behind In Data Mining? Copyright's Impact On Data Mining In Academic Research, Christian Handke, Lucie Guibault, Joan-Josep Vallbé
Articles, Book Chapters, & Popular Press
This empirical paper discusses how copyright affects data mining (DM) by academic researchers. Based on bibliometric data, we show that where DM for academic research requires the express consent of rights holders: (1) DM makes up a significantly lower share of total research output; and (2) stronger rule-of-law is associated with less DM research. To our knowledge, this is the first time that an empirical study bears out a significant negative association between copyright protection and innovation.
The Cycles Of Global Telecommunication Censorship And Surveillance,
2015
Dalhousie University Schulich School of Law
The Cycles Of Global Telecommunication Censorship And Surveillance, Jonathon Penney
Articles, Book Chapters, & Popular Press
Internet censorship and surveillance is on the rise globally and cyber-warfare increasing in scope and intensity. To help understand these new threats commentators have grasped at historical analogies often with little regard for historical complexity or international perspective. Unfortunately, helpful new works on telecommunications history have focused primarily on U.S. history with little focus on international developments. There is thus a need for further internationally oriented investigation of telecommunications technologies, and their history. This essay attempts to help fill that void, drawing on case studies wherein global telecommunications technologies have been disrupted or censored — telegram censorship and surveillance, high …
Identification And Exploitation Of Inadvertent Spectral Artifacts In Digital Audio,
2015
The MITRE Corporation
Identification And Exploitation Of Inadvertent Spectral Artifacts In Digital Audio, N. C. Donnangelo, W. S. Kuklinski, R. Szabo, R. A. Coury, G. R. Hamshar
Journal of Digital Forensics, Security and Law
We show that modulation products from local oscillators in a variety of commercial camcorders are coupled into the recorded audio track, creating narrow band time invariant spectral features. These spectral features, left largely intact by transcoding, compression and other forms of audiovisual post processing, can encode characteristics of specific camcorders used to capture the audio files, including the make and model. Using data sets both downloaded from YouTube and collected under controlled laboratory conditions we demonstrate an average probability of detection (Pd) approaching 0.95 for identification of a specific camcorder in a population of thousands of similar recordings, with a …
Computer Forensic Projects For Accountants,
2015
University of South Florida, St. Petersburg
Computer Forensic Projects For Accountants, Grover S. Kearns
Journal of Digital Forensics, Security and Law
Digital attacks on organizations are becoming more common and more sophisticated. Firms are interested in providing data security and having an effective means to respond to attacks. Accountants possess important investigative and analytical skills that serve to uncover fraud in forensic investigations. Some accounting students take courses in forensic accounting but few colleges offer a course in computer forensics for accountants. Educators wishing to develop such a course may find developing the curriculum daunting. A major element of such a course is the use of forensic software. This paper argues the importance of computer forensics to accounting students and offers …
Data Loss Prevention Management And Control: Inside Activity Incident Monitoring, Identification, And Tracking In Healthcare Enterprise Environments,
2015
Purdue University Calumet
Data Loss Prevention Management And Control: Inside Activity Incident Monitoring, Identification, And Tracking In Healthcare Enterprise Environments, Manghui Tu, Kimberly Spoa-Harty, Liangliang Xiao
Journal of Digital Forensics, Security and Law
As healthcare data are pushed online, consumers have raised big concerns on the breach of their personal information. Law and regulations have placed businesses and public organizations under obligations to take actions to prevent data breach. Among various threats, insider threats have been identified to be a major threat on data loss. Thus, effective mechanisms to control insider threats on data loss are urgently needed. The objective of this research is to address data loss prevention challenges in healthcare enterprise environment. First, a novel approach is provided to model internal threat, specifically inside activities. With inside activities modeling, data …
Rules Of Professional Responsibility In Digital Forensics: A Comparative Analysis,
2015
Purdue University
Rules Of Professional Responsibility In Digital Forensics: A Comparative Analysis, Filipo Sharevski
Journal of Digital Forensics, Security and Law
The consolidation of the rules of professional responsibility as recommended by the Committee on Identifying the Needs of Forensic Sciences Community (2009) accents the establishment of an uniform code of ethics emphasizing the importance of enforceability in strengthening the role the forensic science plays within the criminal justice system. Equally pertinent for the domain of digital forensics, this imperative entails a research commitment in comparing and contrasting the respective codes of ethics to illustrate their “variety, specificity and enforceability” in order to inform the discussion on the regulative aspects of the digital forensic discipline. Accordingly, this paper reviews the professional …
On The Network Performance Of Digital Evidence Acquisition Of Small Scale Devices Over Public Networks,
2015
Stockholm University
On The Network Performance Of Digital Evidence Acquisition Of Small Scale Devices Over Public Networks, Irvin Homem, Spyridon Dosis
Journal of 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 …
The "Bring Your Own Device" Conundrum For Organizations And Investigators: An Examination Of The Policy And Legal Concerns In Light Of Investigatory Challenges,
2015
University of Maryland University College
The "Bring Your Own Device" Conundrum For Organizations And Investigators: An Examination Of The Policy And Legal Concerns In Light Of Investigatory Challenges, Carla J. Utter, Alan Rea
Journal of Digital Forensics, Security and Law
In recent years, with the expansion of technology and the desire to downsize costs within the corporate culture, the technology trend has steered towards the integration of personally owned mobile devices (i.e. smartphones) within the corporate and enterprise environment. The movement, known as “Bring Your Own Device” (hereinafter referred to as “BYOD”), seeks to minimize or eliminate the need for two separate and distinct mobile devices for one employee. While taken at face value this trend seems favorable, the corporate policy and legal implications of the implementation of BYOD are further complicated by significant investigatory issues that far outweigh the …
Plc Forensics Based On Control Program Logic Change Detection,
2015
University of Hong Kong
Plc Forensics Based On Control Program Logic Change Detection, Ken Yau, Kam-Pui Chow
Journal of Digital Forensics, Security and Law
Supervisory Control and Data Acquisition (SCADA) system is an industrial control automated system. It is built with multiple Programmable Logic Controllers (PLCs). PLC is a special form of microprocessor-based controller with proprietary operating system. Due to the unique architecture of PLC, traditional digital forensic tools are difficult to be applied. In this paper, we propose a program called Control Program Logic Change Detector (CPLCD), it works with a set of Detection Rules (DRs) to detect and record undesired incidents on interfering normal operations of PLC. In order to prove the feasibility of our solution, we set up two experiments for …
Factors Influencing Digital Forensic Investigations: Empirical Evaluation Of 12 Years Of Dubai Police Cases,
2015
University of Central Lancashire
Factors Influencing Digital Forensic Investigations: Empirical Evaluation Of 12 Years Of Dubai Police Cases, Ibtesam Alawadhi, Janet C. Read, Andrew Marrington, Virginia N. L. Franqueira
Journal of Digital Forensics, Security and Law
In Digital Forensics, the number of person-hours spent on investigation is a key factor which needs to be kept to a minimum whilst also paying close attention to the authenticity of the evidence. The literature describes challenges behind increasing person-hours and identifies several factors which contribute to this phenomenon. This paper reviews these factors and demonstrates that they do not wholly account for increases in investigation time. Using real case records from the Dubai Police, an extensive study explains the contribution of other factors to the increase in person-hours. We conclude this work by emphasizing on several factors affecting the …
Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics,
2015
University of Louisville
Cyber Black Box/Event Data Recorder: Legal And Ethical Perspectives And Challenges With Digital Forensics, Michael Losavio, Pavel Pastukov, Svetlana Polyakova
Journal of Digital Forensics, Security and Law
With ubiquitous computing and the growth of the Internet of Things, there is vast expansion in the deployment and use of event data recording systems in a variety of environments. From the ships’ logs of antiquity through the evolution of personal devices for recording personal and environmental activities, these devices offer rich forensic and evidentiary opportunities that smash against rights of privacy and personality. The technical configurations of these devices provide for greater scope of sensing, interconnection options for local, near, and cloud storage of data, and the possibility of powerful analytics. This creates the unique situation of near-total data …
Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations,
2015
National Research Nuclear University Moscow Engineering & Physics Institute
Two Challenges Of Stealthy Hypervisors Detection: Time Cheating And Data Fluctuations, Igor Korkin
Journal of 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 …
Data Extraction On Mtk-Based Android Mobile Phone Forensics,
2015
The University of Hong Kong
Data Extraction On Mtk-Based Android Mobile Phone Forensics, Joe Kong
Journal of Digital Forensics, Security and Law
In conducting criminal investigations it is quite common that forensic examiners need to recover evidentiary data from smartphones used by offenders. However, examiners encountered difficulties in acquiring complete memory dump from MTK Android phones, a popular brand of smartphones, due to a lack of technical knowledge on the phone architecture and that system manuals are not always available. This research will perform tests to capture data from MTK Android phone by applying selected forensic tools and compare their effectiveness by analyzing the extracted results. It is anticipated that a generic extraction tool, once identified, can be used on different brands …
Exploring The Use Of Plc Debugging Tools For Digital Forensic Investigations On Scada Systems,
2015
University of Oxford
Exploring The Use Of Plc Debugging Tools For Digital Forensic Investigations On Scada Systems, Tina Wu, Jason R.C. Nurse
Journal of Digital Forensics, Security and Law
The Stuxnet malware attack has provided strong evidence for the development of a forensic capability to aid in thorough post-incident investigations. Current live forensic tools are typically used to acquire and examine memory from computers running either Windows or Unix. This makes them incompatible with embedded devices found on SCADA systems that have their own bespoke operating system. Currently, only a limited number of forensics tools have been developed for SCADA systems, with no development of tools to acquire the program code from PLCs. In this paper, we explore this problem with two main hypotheses in mind. Our first hypothesis …
