Computer Law Commons^™

Sony, Cyber Security, And Free Speech: Preserving The First Amendment In The Modern World, Conrad Wilton

Pace Intellectual Property, Sports & Entertainment Law Forum

Reprinted from 16 U.C. Davis Bus. L.J. 309 (2016). This paper explores the Sony hack in 2014 allegedly launched by the North Korean government in retaliation over Sony’s production of The Interview and considers the hack’s chilling impact on speech in technology. One of the most devastating cyber attacks in history, the hack exposed approximately thirty- eight million files of sensitive data, including over 170,000 employee emails, thousands of employee social security numbers and unreleased footage of upcoming movies. The hack caused Sony to censor the film and prompted members of the entertainment industry at large to tailor their communication …

The Inadequate, Invaluable Fair Information Practices, Woodrow Hartzog

Maryland Law Review

No abstract provided.

Did Russian Cyber Interference In The 2016 Election Violate International Law?, Jens David Ohlin

Cornell Law Faculty Publications

When it was revealed that the Russian government interfered in the 2016 U.S. presidential election by hacking into the email system of the Democratic National Committee and releasing its emails, international lawyers were divided over whether the cyber-attack violated international law. President Obama seemingly went out of his way to describe the attack as a mere violation of “established international norms of behavior,” though some international lawyers were more willing to describe the cyber-attack as a violation of international law. However, identifying the exact legal norm that was contravened turns out to be harder than it might otherwise appear. To …

Interpretation Catalysts In Cyberspace, Rebecca Ingber

Faculty Scholarship

The cybersphere offers a rich space from which to explore the development of international law in a compressed time frame. This piece examines the soft law process over the last decade of the two Tallinn Manuals – handbooks on the international law of cyber warfare and cyber operations – as a valuable lens through which to witness the effects of “interpretation catalysts” on the evolution of international law. In prior work, I identified the concept of interpretation catalysts – discrete triggers for legal interpretation – and their influence on the path that legal evolution takes, including by compelling a decision-making …

Algorithmic Discrimination White Paper, Vicky Wei, Teresa Stephenson

Technology Law and Public Policy Clinic

Technological innovation has led to the prevalent use of algorithms in everyday decision making. So ubiquitous is the application of algorithms that many may not recognize its impact on their daily lives. From online shopping to applying for a home loan, algorithms are at play in categorizing and filtering individuals to serve the goal of providing more accurate and efficient results than human decisionmaking would. At the basic level, algorithms are nothing more than a series of step-by-step instructions compiled by a computer, which then analyzes swaths of data based on those instructions. However, when algorithms use incorrect variables to …

Exploring Digital Evidence With Graph Theory, Imani Palmer, Boris Gelfand, Roy Campbell

Annual ADFSL Conference on Digital Forensics, Security and Law

The analysis phase of the digital forensic process is the most complex. The analysis phase remains very subjective to the views of the forensic practitioner. There are many tools dedicated to assisting the investigator during the analysis process. However, they do not address the challenges. Digital forensics is in need of a consistent approach to procure the most judicious conclusions from the digital evidence. The objective of this paper is to discuss the ability of graph theory, a study of related mathematical structures, to aid in the analysis phase of the digital forensic process. We develop a graph-based representation of …

Case Study: A New Method For Investigating Crimes Against Children, Hallstein Asheim Hansen, Stig Andersen, Stefan Axelsson, Svein Hopland

Annual ADFSL Conference on Digital Forensics, Security and Law

Investigations of crimes against children are often complex, both in terms of the varied and large amount of digital technology encountered and the offensive nature of the crimes. Such cases are numerous, large, and prioritised, requiring digital forensics competence. Earlier digital forensics was considered and treated as a typical forensic science like fingerprint analysis, performed in a laboratory isolated from the investigative team. This decoupled way of working has proved to be both inefficient and error prone.

At the Digital Forensic Unit of Oslo Police District we have developed a new way of working that addresses many of the problems …

Downstream Competence Challenges And Legal/Ethical Risks In Digital Forensics, Michael M. Losavio, Antonio Losavio

Annual ADFSL Conference on Digital Forensics, Security and Law

Forensic practice is an inherently human-mediated system, from processing and collection of evidence to presentation and judgment. This requires attention to human factors and risks which can lead to incorrect judgments and unjust punishments.

For digital forensics, such challenges are magnified by the relative newness of the discipline and the use of electronic evidence in forensic proceedings. Traditional legal protections, rules of procedure and ethics rules mitigate these challenges. Application of those traditions better ensures forensic findings are reliable. This has significant consequences where findings may impact a person's liberty or property, a person's life or even the political direction …

Understanding Deleted File Decay On Removable Media Using Differential Analysis, James H. Jones Jr, Anurag Srivastava, Josh Mosier, Connor Anderson, Seth Buenafe

Annual ADFSL Conference on Digital Forensics, Security and Law

Digital content created by picture recording devices is often stored internally on the source device, on either embedded or removable media. Such storage media is typically limited in capacity and meant primarily for interim storage of the most recent image files, and these devices are frequently configured to delete older files as necessary to make room for new files. When investigations involve such devices and media, it is sometimes these older deleted files that would be of interest. It is an established fact that deleted file content may persist in part or in its entirety after deletion, and identifying the …

Development Of A Professional Code Of Ethics In Digital Forensics, Kathryn C. Seigfried-Spellar, Marcus Rogers, Danielle M. Crimmins 2184089

Annual ADFSL Conference on Digital Forensics, Security and Law

Academics, government officials, and practitioners suggest the field of digital forensics is in need of a professional code of ethics. In response to this need, the authors developed and proposed a professional code of ethics in digital forensics. The current paper will discuss the process of developing the professional code of ethics, which included four sets of revisions based on feedback and suggestions provided by members of the digital forensic community. The final version of the Professional Code of Ethics in Digital Forensics includes eight statements, and we hope this is a step toward unifying the field of digital forensics …

Defining A Cyber Jurisprudence, Peter R. Stephenson Phd

Annual ADFSL Conference on Digital Forensics, Security and Law

Jurisprudence is the science and philosophy or theory of the law. Cyber law is a very new concept and has had, compared with other, older, branches of the law, little structured study. However, we have entered the cyber age and the law - on all fronts - is struggling to keep pace with technological advances in cyberspace. This research explores a possible theory and philosophy of cyber law, and, indeed, whether it is feasible to develop and interpret a body of law that addresses current and emerging challenges in cyber space.

While there is an expanding discussion of the nature …

Harnessing Predictive Models For Assisting Network Forensic Investigations Of Dns Tunnels, Irvin Homem, Panagiotis Papapetrou

Annual ADFSL Conference on Digital Forensics, Security and Law

In recent times, DNS tunneling techniques have been used for malicious purposes, however network security mechanisms struggle to detect them. Network forensic analysis has been proven effective, but is slow and effort intensive as Network Forensics Analysis Tools struggle to deal with undocumented or new network tunneling techniques. In this paper, we present a machine learning approach, based on feature subsets of network traffic evidence, to aid forensic analysis through automating the inference of protocols carried within DNS tunneling techniques. We explore four network protocols, namely, HTTP, HTTPS, FTP, and POP3. Three features are extracted from the DNS tunneled traffic: …

Ispy: Threats To Individual And Institutional Privacy In The Digital World, Lori Andrews

All Faculty Scholarship

What type of information is collected, who is viewing it, and what law librarians can do to protect their patrons and institutions.

Towards An Effective Regime Against Online Copyright Infringement In India, Ashwin Ramakrishnan

LLM Theses

With Internet usage on the rise, it is important for India to establish an effective regulatory regime to combat piracy and mass copyright infringement online. This thesis argues that, in the face of unique legal and cultural challenges specific to India, present laws in the country have failed to do so. Unless and until these challenges are met it will be difficult to have an effective mechanism that deals with online copyright infringement. Countries like the United States, Canada, Ireland, and France have all adopted different regulatory models. However, this thesis argues that each not only have significant limitations on …

Internet Tv: (Hopefully) Coming To A Computer Screen Near You, Nicholas Pellegrino

Seton Hall Circuit Review

No abstract provided.

The Racist Algorithm?, Anupam Chander

Michigan Law Review

Review of The Black Box Society: The Secret Algorithms That Control Money and Information by Frank Pasquale.

Special Issue Of Best Papers From The 11th International Conference On Systematic Approaches To Digital Forensic Engineering (Sadfe 2016)

Journal of Digital Forensics, Security and Law

The SADFE series feature the different editions of the International Conference on Systematic Approaches to Digital Forensics Engineering. Now in its eleventh edition, SADFE has established itself as the premier conference for researchers and practitioners working in Systematic Approaches to Digital Forensics Engineering.

SADFE 2016, the eleventh international conference on Systematic Approaches to Digital Forensic Engineering was held in Kyoto, Japan, September 20 - 22, 2016.

Digital forensics engineering and the curation of digital collections in cultural institutions face pressing and overlapping challenges related to provenance, chain of custody, authenticity, integrity, and identity. The generation, analysis and sustainability of digital …

Compression Of Virtual-Machine Memory In Dynamic Malware Analysis, James E. Fowler Ph.D.

Journal of Digital Forensics, Security and Law

Lossless compression of memory dumps from virtual machines that run malware samples is considered with the goal of significantly reducing archival costs in dynamic-malware-analysis applications. Given that, in such dynamic-analysis scenarios, malware samples are typically run in virtual machines just long enough to activate any self-decryption or other detection- avoidance maneuvers, the virtual-machine memory typically changes little from that of the baseline state, with the difference being attributable in large degree to the loading of additional executables and libraries. Consequently, delta coding is proposed to compress the current virtual-machine memory dump by coding its differences with respect to a predicted …

Front Matter

Journal of Digital Forensics, Security and Law

No abstract provided.

Find Me If You Can: Mobile Gps Mapping Applications Forensic Analysis & Snavp The Open Source, Modular, Extensible Parser, Jason Moore, Ibrahim Baggili, Frank Breitinger

Journal of Digital Forensics, Security and Law

The use of smartphones as navigation devices has become more prevalent. The ubiquity of hand-held navigation devices such as Garmins or Toms Toms has been falling whereas the ownership of smartphones and their adoption as GPS devices is growing. This work provides a comprehensive study of the most popular smartphone mapping applications, namely Google Maps, Apple Maps, Waze, MapQuest, Bing, and Scout, on both Android and iOS. It details what data was found, where it was found, and how it was acquired for each application. Based on the findings, the work allowed for the construction of a tool capable of …