Privacy: Problems And Solutions,
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,
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,
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,
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 ,
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,
2011
New York Law School Class of 2010
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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
