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Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka 2011 Southern Methodist University

Privacy: Problems And Solutions, Jennifer Archie, Andrew S. Ehmke, Joshua Fairfield, Berin Szoka

SMU Science and Technology Law Review

No abstract provided.


Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin 2011 Southern Methodist University

Digital Distribution: Is It Really Finally Here, Robert Brown, Shawn Freeman, Michael Klotz, Steve Nix, Tom Paquin

SMU Science and Technology Law Review

No abstract provided.


Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest 2011 Southern Methodist University

Jagex Ltd. V. Impulse Software: An Almost Big Win For Online-Gaming Software Developers, Holly Guest

SMU Science and Technology Law Review

No abstract provided.


The Variable Determinacy Thesis, Harry Surden 2011 University of Colorado Law School

The Variable Determinacy Thesis, Harry Surden

Publications

This Article proposes a novel technique for characterizing the relative determinacy of legal decision-making. I begin with the observation that the determinacy of legal outcomes varies from context to context within the law. To augment this intuition, I develop a theoretical model of determinate legal decision-making. This model aims to capture the essential features that are typically associated with the concept of legal determinacy. I then argue that we can use such an idealized model as a standard for expressing the relative determinacy or indeterminacy of decision-making in actual, observed legal contexts. From a legal theory standpoint, this approach - …


Novel Neutrality Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny , Jeffrey Jarosch 2011 Cleveland State University

Novel Neutrality Claims Against Internet Platforms: A Reasonable Framework For Initial Scrutiny , Jeffrey Jarosch

Cleveland State Law Review

This Article examines a recent trend in which the Federal Trade Commission and other enforcement agencies investigate Internet platforms for behavior that is insufficiently “neutral” towards users or third parties that interact with the platform. For example, Google faces a formal FTC investigation based on allegations that it has tinkered with search results rather than presenting users with a “neutral” result. Twitter faces a formal investigation after the social media service restricted the ways in which third party developers could interact with Twitter through its application programming interface (“API”). These investigations represent a new attempt to shift the network neutrality …


Software Wars: The Patent Menace, Andrew Nieh 2011 New York Law School Class of 2010

Software Wars: The Patent Menace, Andrew Nieh

NYLS Law Review

No abstract provided.


Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt 2011 University of Richmond

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Stephen J. Rancourt

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2010–2011 academic year. The Journal strives to find interesting and contemporary topics that bisect technology and the law, and publish authors who provide in-depth and practical analysis of these topics to the legal community and beyond. To that end, this year’s Annual Survey is devoted exclusively to the topic of electronic discovery. In the two years since the Journal last published on this important issue, the availability of electronic information has increased exponentially, courts have continued to struggle with the 2006 Amendments to …


Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George 2011 Boston University School of Law

Tweeting To Topple Tyranny, Social Media And Corporate Social Responsibility: A Reply To Anupam Chander, Erika George

Faculty Scholarship

This Essay offers critical reflections on the role of social media in social change and outlines how the obligation of corporations in the information communications technology sector to avoid complicity in rights violations may evolve over time. Part I explores the Internet's potential to further democratic discourse and inclusion or foster discrimination and exclusion. It also queries whether the Internet industry has an obligation to protect against hate propaganda. Part II examines whether other industry sectors can also be said to have special obligations based on the human rights consequences of their conduct. Part III explains the nature of the …


Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke 2011 Cornell Law School

Defending Disclosure In Software Licensing, Robert A. Hillman, Maureen O'Rourke

Cornell Law Faculty Publications

This Article surveys prominent kinds of disclosures in contract law-of facts, contract terms, and performance intentions. We show why the disclosure tool, although subject to substantial criticism, promotes important social values and goals, including efficiency, autonomy, corrective justice, fairness, and the legitimacy of the contract process. Further, proposals to replace disclosure with other alternatives are unrealistic because they are too expensive or complex. Our working example is the American Law Institute's Principles of the Law of Software Contracts.


Hacking Into Federal Court: Employee "Authorization" Under The Computer Fraud And Abuse Act, Thomas E. Booms 2011 Vanderbilt University Law School

Hacking Into Federal Court: Employee "Authorization" Under The Computer Fraud And Abuse Act, Thomas E. Booms

Vanderbilt Journal of Entertainment & Technology Law

Few would disagree that computers play an important role in modern United States society. However, many would be surprised to discover the modest amount of legislation governing computer use. Congress began addressing computer crime in 1984 by enacting the Computer Fraud and Abuse Act (CFAA). The CFAA represented the first piece of federal legislation governing computer crimes and has undergone eight amendments to date, making it one of the most expansive criminal laws in the United States. In 1994, Congress added a civil provision opening the door for application of the statute in novel situations. Initially enacted to target crimes …


To Reveal Or Conceal?—An Isp’S Dilemma, Presenting A New “Anonymous Public Concern Test” For Evaluating Isp Subpoenas In Online Defamation Suits, Cayce Myers 2011 University of Georgia School of Law

To Reveal Or Conceal?—An Isp’S Dilemma, Presenting A New “Anonymous Public Concern Test” For Evaluating Isp Subpoenas In Online Defamation Suits, Cayce Myers

LLM Theses and Essays

This article proposes a new test called the “Anonymous Public Concern Test” which incorporates public concern analysis in enforcing Internet Service Provider [ISP] subpoenas in online defamation suits. Anonymous speech is an important aspect of First Amendment rights that warrants protection. Current tests used by courts to analyze whether to enforce ISP subpoenas are either too pro-plaintiff or too pro-defendant. The article’s proposed “Anonymous Public Concern Test” is the best approach in dealing with ISP subpoenas because it protects both anonymous speeches and preserves online defamation plaintiffs’ rights.


Table Of Contents, 2011 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto 2011 California State Polytechnic University

A Survey Of Contemporary Enterprise Storage Technologies From A Digital Forensics Perspective, Gregory H. Carlton, Joseph Matsumoto

Journal of Digital Forensics, Security and Law

As the proliferation of digital computational systems continue to expand, increasingly complex technologies emerge, including those regarding large, enterprise-wide, information storage and retrieval systems. Within this study, we examine four contemporary enterprise storage technologies. Our examination of these technologies is presented with an overview of the technological features of each offering and then followed with a discussion of the impact of these technologies on digital forensics methods, particularly regarding forensic data acquisition. We offer a general opinion concerning a recommended data acquisition method when faced with the task of obtaining a forensic image of data contained within these technologies, we …


Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea 2011 Roger Williams University

Legal Issues Regarding Digital Forensic Examiners Third Party Consent To Search, Thomas Lonardo, Doug White, Tricia P. Martland, Alan Rea

Journal of Digital Forensics, Security and Law

This paper focuses on Federal law as it relates to consent to search relating to Fourth Amendment privacy in the practice of Digital Forensics. In particular, Digital Examiners should be aware of how decisions in Federal Court may impact their ability to acquire evidence in both civil and criminal settings. Digital Forensics, being a relatively new field, is particularly subject to change as cases and appeals are decided. This paper provides an overview of relevant case law relating to issues in Digital Forensics. More importantly, our research provides Digital Forensic Examiners (DFE), as defined by Lonardo, White, and Rea (2008, …


Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian 2011 University of Brescia, Italy

Exploring The Iphone Backup Made By Itunes, Mario Piccinelli, Paolo Gubian

Journal of Digital Forensics, Security and Law

Apple’s™ iPhone™ is one of the widest selling mobile on the market, thanks to its simple and user-friendly interface and ever growing pool of available high quality applications for both personal and business use. The increasing use of the iPhone leads forensics practitioners towards the need for tools to access and analyze the information stored in the device. This research aims at describing the process to forensically analyze a logical backup of an iPhone made by the Apple iTunes™ utility, understanding the backup’s structure, and creating a simple tool to automate the process of decoding and analyzing the data. In …


A Case Study In Forensic Analysis Of Control, Fred Cohen 2011 California Sciences Institute, Fred Cohen & Associates

A Case Study In Forensic Analysis Of Control, Fred Cohen

Journal of Digital Forensics, Security and Law

This paper describes a case study in which a method for forensic analysis of control was applied to resolve probative technical issues in a legal action. It describes one instance in which the analysis was successfully applied without challenge, addresses the details of most of the different facets of the analysis method, and demonstrates how such analysis provides a systematic approach to using technical methods to address legal issues as a case study.


Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore 2011 University of South Australia, Australia

Extraction Of Electronic Evidence From Voip: Forensic Analysis Of A Virtual Hard Disk Vs Ram, David Irwin, Jill Slay, Arek Dadej, Malcolm Shore

Journal of Digital Forensics, Security and Law

The popularity of Voice over the Internet Protocol (VoIP) is increasing as the cost savings and ease of use is realised by a wide range of home and corporate users. However, the technology is also attractive to criminals. This is because VoIP is a global telephony service, in which it is difficult to verify the user’s identification. The security of placing such calls may also be appealing to criminals, as many implementations use strong encryption to secure both the voice payload as well as to control messages making monitoring such VoIP calls difficult since conventional methods such as wire-tapping is …


Table Of Contents, 2011 Embry-Riddle Aeronautical University

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.


Book Review: Ios Forensic Analysis: For Iphone, Ipad And Ipod Touch, Christopher Schulte 2011 LuciData Inc, Minneapolis

Book Review: Ios Forensic Analysis: For Iphone, Ipad And Ipod Touch, Christopher Schulte

Journal of Digital Forensics, Security and Law

As Digital Forensics practitioners, we know that our discipline is constantly evolving. Keeping abreast means we need to continually refine and broaden our knowledge pools through experience, education, research, peer exchange, and more. Mobile device forensics can be especially dynamic and challenging. With multiple standards in place at the hardware, operating system, and user interface levels, it can be daunting to preserve, analyze, search and report on these tiny yet ubiquitous hand-held computers. Apple Computer’s line of mobile products (iOS devices - iPhone, iPad, iPod Touch) is no exception to this rule.


Column: Every Last Byte, Simson Garfinkel 2011 Naval Postgraduate School

Column: Every Last Byte, Simson Garfinkel

Journal of Digital Forensics, Security and Law

Inheritance powder is the name that was given to poisons, especially arsenic, that were commonly used in the 17th and early 18th centuries to hasten the death of the elderly. For most of the 17th century, arsenic was deadly but undetectable, making it nearly impossible to prove that someone had been poisoned. The first arsenic test produced a gas—hardly something that a scientist could show to a judge. Faced with a growing epidemic of poisonings, doctors and chemists spent decades searching for something better


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