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Journal of Digital Forensics, Security and Law

No abstract provided.

Independent Creation And Originality In The Age Of Imitated Reality: A Comparative Analysis Of Copyright And Database Protection For Digital Models Of Real People, Bryce Clayton Newell

Brigham Young University International Law & Management Review

No abstract provided.

Substantially Justified? The U.S. Government’S Use Of Name-Check Technologies In Naturalization Procedures, H. Jin Cho

Duke Law & Technology Review

The U.S. Citizenship and Immigration Services relies upon the Federal Bureau of Investigation to administer the National Name Check Program, which conducts background checks on applicants for naturalization. Backlogs have led to long delays for aspiring citizens and significant legal problems for the government.

This iBrief examines the First Circuit’s ruling in Aronov v. Napolitano that an eighteen-month delay in adjudicating a naturalization application was substantially justified. While the government’s inefficiency can be explained partly by an understaffed bureaucracy, overwhelming evidence suggests that these problems are exacerbated by a technological infrastructure that is ill-equipped to handle the scope of the …

Principles Of The Law Of Software Contracts: Some Highlights, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Publications

The final draft of the Principles of the Law of Software Contracts ("Principles") was unanimously approved by the American Law Institute membership in May of 2009. The goal of the project is to “clarify and unify the law of software transactions.” However, the Principles will not become law in any jurisdiction unless and until a court adopts them, so only time will tell whether the project will accomplish this goal. Nevertheless, one thing is certain. The current law of software transactions, a mish-mash of common law, Article 2 of the Uniform Commercial Code, and federal intellectual property law, among other …

La Globalización De La Legislación Cambiaria, Bruno L. Costantini García

Bruno L. Costantini García

No abstract provided.

Inadequate: The Apec Privacy Framework & Article 25 Of The European Data Protection Directive, Stuart Hargreaves

Canadian Journal of Law and Technology

The EU and APEC approaches represent two different ways of thinking about the purpose of privacy rights in personal information (a.k.a. “informational privacy” or “data privacy”). The European approach sees integrity and control over information about oneself as inherent to human dignity; informational privacy is treated as a fundamental right subject only to limited restrictions. In contrast, the approach evinced by APEC is a market-oriented cost/benefit calculus; control over personal information is seen as a beneficial policy goal when it can increase consumer confi- dence and promote economic growth — the implication being that it can also more easily give …

La Cyberintimidation: Analyse Juridique, Karen D. Levin

Canadian Journal of Law and Technology

Dans ce mémoire va être traitée une analyse juridique de la cyberintimidation. Dans une première partie, nous tenterons de définir le terme « cyberintimidation » et les enjeux qui s’y rattachent. En deuxième lieu, nous examinerons la motivation qui mène à la cyberintimidation, ainsi que la manière dans laquelle l’acte se produit. Troisièmement, nous évaluerons les provisions du droit criminel fédéral, des droits de la personne, et du droit des délits civils afin de déterminer l’efficacité de notre système juridique à détourner la cyberintimidation. Finalement, nous trancherons la question de réforme qui se propose au Canada, la comparant aux réformes …

Canada's Current Position With Respect To Sound Marks Registration: A Need For Change?, Marie-Jeanne Provost

Canadian Journal of Law and Technology

This paper analyses and criticizes Canada’s position on sound marks registration in order to recommend the ways in which Canadian policy-makers could further act in order to advance this area of law. The first part of this paper exposes the fundamental concepts of trade-marks as they are necessary to the comprehension of the problems surrounding the registration of sound marks. In the second part, legal considerations associated with the registration of sound marks are discussed. More specifically, the visual requirement, the issue of “use,” the concept of distinctiveness and the question of overlap with copyright are assessed. In the third …

Canadian Personal Data Protection Legislation And Electronic Health Records: Transfers Of Personal Health Information In It Outsourcing Agreements, Dara Lambie

Canadian Journal of Law and Technology

Personal data protection and privacy of personal health information in the electronic era is a broad topic that includes consent, security measures and access considerations. The focus of this article is on one component of the larger picture: data transfers of personal health information that occur in the context of informa- tion technology (“IT”) outsourcing. If the societal good envisioned by an inter-jurisdictional EHR is to be fully realized, then the necessity of outsourcing is a reality that must be addressed.

Book Review - Intellectual Property Rights And The Life Science Industries: Past, Present, And Future, Chidi Oguamanam

Canadian Journal of Law and Technology

Our so-called post-industrial society is one whose axial feature is the interac- tion between computer-driven digital and life science-driven bio-technologies. The primary legal mechanism that undergirds the allocation of rights in this new infor- mation-centred epoch is intellectual property. Perhaps only a few industrial sectors have benefitted more from the dynamics of that interaction than the pharmaceutical industry. Perhaps also, only a few industrial sectors have fully appreciated and opti- mally exploited the power of intellectual property than that sector. How did that happen? How has it continued to unfold, and what does the future hold for the continued co-evolution …

New Rules On Consumer Protection Against Personal Data Breaches And Spam, Panagiotis Kitsos, Paraskevi Pappas

Panagiotis Kitsos

On 25 November 2009, the European Parliament and Council adopted a new legislation to revise the regulatory framework for the electronic communications sector. This new “package” of Directives includes Directive 2009/136/EC, which amends earlier Directive 2002/58/EC in the fields of 1. mandatory notification of personal data security breaches 2. consent requirements for cookies and 3. anti-spamming measures by ISPs. The scope of the Directive is to enhance the protection of consumers privacy and personal data in the electronic communications sector, through strengthened security-related provisions and improved enforcement mechanisms by the NRAs. In particular Τhe provisions of the new directive require …

Computer Forensics For Graduate Accountants: A Motivational Curriculum Design Approach, Grover S. Kearns

Annual ADFSL Conference on Digital Forensics, Security and Law

Computer forensics involves the investigation of digital sources to acquire evidence that can be used in a court of law. It can also be used to identify and respond to threats to hosts and systems. Accountants use computer forensics to investigate computer crime or misuse, theft of trade secrets, theft of or destruction of intellectual property, and fraud. Education of accountants to use forensic tools is a goal of the AICPA (American Institute of Certified Public Accountants). Accounting students, however, may not view information technology as vital to their career paths and need motivation to acquire forensic knowledge and skills. …

The Defiance College Undergraduate Major In Digital Forensic Science: Setting The Bar Higher, Gregg H. Gunsch

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper provides background information to accompany the panel discussion on Curriculum Design and Implementation in Computer Forensics Education. It is specifically focused on the content and delivery of Defiance College’s undergraduate (B.S.) program majoring in Digital Forensic Science (DFS). The genesis and evolution of the Defiance College DFS program are described, along with its successes, challenges and known opportunities for improvement. The desired outcomes of the panel discussion include articulating the necessary components of an undergraduate program, refining expectations of knowledge and skills required of students upon graduation, and suggesting strategies for achieving those expectations despite inevitable resource limitations …

Digital Records Forensics: A New Science And Academic Program For Forensic Readiness, Luciana Duranti, Barbara Endicott-Popovsky

Annual ADFSL Conference on Digital Forensics, Security and Law

This paper introduces the Digital Records Forensics project, a research endeavour located at the University of British Columbia in Canada and aimed at the development of a new science resulting from the integration of digital forensics with diplomatics, archival science, information science and the law of evidence, and of an interdisciplinary graduate degree program, called Digital Records Forensics Studies, directed to professionals working for law enforcement agencies, legal firms, courts, and all kind of institutions and business that require their services. The program anticipates the need for organizations to become “forensically ready,” defined by John Tan as “maximizing the ability …

A Layered Framework Approach To Mitigate Crimeware, Mathew Nyamagwa

Annual ADFSL Conference on Digital Forensics, Security and Law

Crimeware attacks are growing at such an alarming rate and are becoming so prevalent that the FBI now rank cybercrime among its top priorities after terrorism and espionage. New studies estimate cyber crimes cost firms an astounding $1 trillion annually. But the good news? Over 80% of them are preventable. Crimeware is not a purely technical threat but more or a socio-technical affair. This clearly brings out the fact that computers do not commit a crime, but we (humans) do! In this paper I propose a layered approach that involves all stakeholders from end-users to service-providers and law enforcement to …

Canvass - A Steganalysis Forensic Tool For Jpeg Images, Jennifer L. Davidson, Jaikishan Jalan

Annual ADFSL Conference on Digital Forensics, Security and Law

Steganography is a way to communicate a message such that no one except the sender and recipient suspects the existence of the message. This type of covert communication lends itself to a variety of different purposes such as spy-to-spy communication, exchange of pornographic material hidden in innocuous image files, and other illicit acts. Computer forensic personnel have an interest in testing for possible steganographic files, but often do not have access to the technical and financial resources required to perform steganalysis in an effective manner. This paper describes the results of a funded effort by a grant from the National …

Measuring Whitespace Patterns As An Indication Of Plagiarism, Ilana Shay, Nikolaus Baer, Robert Zeidman

Annual ADFSL Conference on Digital Forensics, Security and Law

There are several different methods of comparing source code from different programs to find copying1 . Perhaps the most common method is comparing source code statements, comments, strings, identifiers, and instruction sequences. However, there are anecdotes about the use of whitespace patterns in code. These virtually invisible patterns of spaces and tabs have been used in litigation to imply copying, but no formal study has been performed that shows that these patterns can actually identify copied code. This paper presents a detailed study of whitespace patterns and the uniqueness of these patterns in different programs.

Keywords: Copyright Infringement, Intellectual Property, …

Electronic Discovery: A Fool’S Errand Where Angels Fear To Tread?, Milton Luoma, Vicki Luoma

Annual ADFSL Conference on Digital Forensics, Security and Law

Electronic discovery has transformed the discovery phase of civil litigation in recent years. The expectations of lawyers and parties were initially established in the Rowe and Zubulake cases that led to a complete revision of the electronic discovery rules contained in the Federal Rules of Civil Procedure. Subsequent cases have underscored the importance of document search methodologies and implications for attorneys, IT professionals, and digital forensics professionals. The authors review how electronic discovery has evolved thus far and offer recommendations regarding the electronic discovery process.

Keywords: Electronic discovery, e-discovery, keyword search, concept search,

Hard Disk Storage: Firmware Manipulation And Forensic Impact And Current Best Practice, Gareth Davies, Iain Sutherland

Annual ADFSL Conference on Digital Forensics, Security and Law

The most common form of storage media utilized in both commercial and domestic systems is the hard disk drive, consequently these devices feature heavily in digital investigations. Hard disk drives are a collection of complex components. These components include hardware and firmware elements that are essential for the effective operation of the drive. There are now a number of devices available, intended for data recovery, which can be used to manipulate the firmware components contained within the drive. It has been previously shown that it is possible to alter firmware for malicious purposes, either to conceal information or to prevent …

Social Networking: A Boon To Criminals, Tejashree D. Datar, Richard Mislan

Annual ADFSL Conference on Digital Forensics, Security and Law

With the world getting more and more digitized, social networking has also found a place in the cyber world. These social networking sites (SNSs) which enable people to socialize, and build and maintain relationships are attracting attention of all kinds of people such as teens, adults, sports persons, and even businesses. But these SNSs are also getting unwanted attention from people like sexual predators, spammers, and people involved in criminal and illegal activities. This paper talks about SNSs and how these sites are exploited for criminal or illegal activity. The SNSs are discussed in detail with respect to user profiles, …