A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act,
2016
Notre Dame Law School
A Code-Based Approach To Unauthorized Access Under The Computer Fraud Abuse Act, Patricia L. Bellia
Journal Articles
Thirty years ago, Congress passed the Computer Fraud and Abuse Act (CFAA) to combat the emerging problem of computer crime. The statute’s core prohibitions targeted one who “accesses” a computer “without authorization” or who “exceeds authorized access.” Over time, incremental statutory changes and large-scale technical changes have dramatically expanded the potential scope of the CFAA. The question of what constitutes unauthorized access has taken on far greater significance than it had thirty years ago, and courts remain deeply divided on this question. This Article explores the text, purpose, and history of the CFAA, as well as a range of normative …
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet,
2016
Brooklyn Law School
The Art Of Nailing Jell-O To The Wall: Reassessing The Political Power Of The Internet, Bryan Druzin, Jessica Li
Journal of Law and Policy
Political observers commonly argue that, given the unique characteristics of the Internet, democratization is an inevitability of its widespread use. The critical role that social media played in the wave of demonstrations, protests, and revolutions that swept across the Arab world in 2011 cemented this perception in the minds of many. Yet China defies this simplistic paradigm—China has been stunningly successful at constraining the political power of its Internet. We argue that the political importance of Internet technology has been overstated, particularly with respect to China. As support for this thesis, we cite recent political events in Hong Kong known …
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing,
2016
Brooklyn Law School
Standing Up For Their Data: Recognizing The True Nature Of Injuries In Data Breach Claims To Afford Plaintiffs Article Iii Standing, Andrew Braunstein
Journal of Law and Policy
Over the last several years, data breaches have become increasingly more common, due in no small part to the failures of organizations charged with storing and protecting personal data. Consumers whose data has fallen victim to these breaches are more often turning to federal courts in attempts to be made whole from the loss of their information, whether simple credit card information or, as breaches become more sophisticated, social security information, medical and financial records, and more. These consumers are often being turned away from the courthouse, however, due to a failure of many federal courts to find that the …
Keeping Ai Legal,
2016
Vanderbilt University Law School
Keeping Ai Legal, Amitai Etzioni, Oren Etzioni
Vanderbilt Journal of Entertainment & Technology Law
AI programs make numerous decisions on their own, lack transparency, and may change frequently. Hence, unassisted human agents, such as auditors, accountants, inspectors, and police, cannot ensure that AI-guided instruments will abide by the law. This Article suggests that human agents need the assistance of AI oversight programs that analyze and oversee operational AI programs. This Article asks whether operational AI programs should be programmed to enable human users to override them; without that, such a move would undermine the legal order. This Article also points out that AI operational programs provide high surveillance capacities and, therefore, are essential for …
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities,
2016
Roger Williams University School of Law
Reauthorizing The Fisa Amendments Act: A Blueprint For Enhancing Privacy Protections And Preserving Foreign Intelligence Capabilities, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Making Sense Of Email Addresses On Drives,
2016
U.S. Naval Postgraduate School
Making Sense Of Email Addresses On Drives, Neil C. Rowe, Riqui Schwamm, Michael R. Mccarrin, Ralucca Gera
Journal of Digital Forensics, Security and Law
Drives found during investigations often have useful information in the form of email addresses which can be acquired by search in the raw drive data independent of the file system. Using this data we can build a picture of the social networks that a drive owner participated in, even perhaps better than investigating their online profiles maintained by social-networking services because drives contain much data that users have not approved for public display. However, many addresses found on drives are not forensically interesting, such as sales and support links. We developed a program to filter these out using a Naïve …
Electronic Voting Service Using Block-Chain,
2016
Korea University
Electronic Voting Service Using Block-Chain, Kibin Lee, Joshua I. James, Tekachew G. Ejeta, Hyoung J. Kim
Journal of Digital Forensics, Security and Law
Cryptocurrency, and its underlying technologies, has been gaining popularity for transaction management beyond financial transactions. Transaction information is maintained in the block-chain, which can be used to audit the integrity of the transaction. The focus on this paper is the potential availability of block-chain technology of other transactional uses. Block-chain is one of the most stable open ledgers that preserves transaction information, and is difficult to forge. Since the information stored in block-chain is not related to personally identify information, it has the characteristics of anonymity. Also, the block-chain allows for transparent transaction verification since all information in the block-chain …
Les Photos Prises Par Les Téléphones Cellulaires Sont-Elles Assez « Originales » Pour Être Protégées Par La Loi Sur Le Droit D'Auteur?,
2016
Schulich School of Law, Dalhousie University
Les Photos Prises Par Les Téléphones Cellulaires Sont-Elles Assez « Originales » Pour Être Protégées Par La Loi Sur Le Droit D'Auteur?, René Pépin
Canadian Journal of Law and Technology
On considérait traditionnellement que l’originalité réside dans les choix faits par le photographe au niveau de la sensibilité du film choisi, de la vitesse de l’obturateur, de la mise au foyer, de la pose du sujet photographié , etc. Mais les caméras incorporées dans les téléphones cellulaires sont si perfectionnées que la prise de photo se fait de façon presque automatique. L’appareil fait seul la mise au foyer, le flash se déclenche au besoin, la vitesse d’obturation est optimale, le cadrage se fait presque seul, etc. C’est justement le grand avantage et le grand attrait de ces appareils. L’utilisateur n’a …
Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?,
2016
Schulich School of Law, Dalhousie University
Is There A 'Right To Be Forgotten' In Canada's Personal Information Protection And Electronic Documents Act (Pipeda)?, Michael Rosenstock
Canadian Journal of Law and Technology
In this paper, I argue that PIPEDA could support a version of the right to be forgotten, subject to three important caveats. First, for search engines to meet the threshold applicability test under PIPEDA, their activities (i.e., crawling, indexing, organizing, etc.) must constitute the ‘‘collection, use or disclosure” of personal information. Ascribing such a role to search engines in information dissemination would likely require a court to distinguish the activities of search engines from hyperlinks on websites, which the Supreme Court in Crookes v. Newton determined did not involve control over content. Second, PIPEDA’s ‘‘all-or-nothing approach” means that if search …
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic,
2016
Brooklyn Law School
Fashion Forward: The Need For A Proactive Approach To The Counterfeit Epidemic, Casey Tripoli
Brooklyn Journal of International Law
In the last two decades, the overall activity of the counterfeit market has expanded and risen 10,000 percent. This dramatic shift corresponds to growth of the Internet, which has unified the fascination of obtaining cheap, illegitimate goods with the efficiency of a mouse click. With the expected continued inflation of the counterfeit market comes a host of new concerns, namely, how to determine who is responsible for the distribution of these knockoffs, and who should be ordained to limit them in the marketplace. In both the United States and the European Union, however, outdated laws produce a mélange of inadequate …
A Machine Learning Classifier For Corporate Opportunity Waivers,
2016
Columbia Law School
A Machine Learning Classifier For Corporate Opportunity Waivers, Gabriel V. Rauterberg, Eric L. Talley
Faculty Scholarship
Rauterberg & Talley (2017) develop a data set of “corporate opportunity waivers” (COWs) – significant contractual modifications of fiduciary duties – sampled from SEC filings. Part of their analysis utilizes a machine learning (ML) classifier to extend their data set beyond the hand-coded sample. Because the ML approach is likely unfamiliar to some readers, and in the light of its great potential across other areas of law and finance research, this note explains the basic components using a simple example, and it demonstrates strategies for calibrating and evaluating the classifier.
Evidential Reasoning For Forensic Readiness,
2016
Norwegian University of Science and Technology
Evidential Reasoning For Forensic Readiness, Yi-Ching Liao, Hanno Langweg
Journal of Digital Forensics, Security and Law
To learn from the past, we analyse 1,088 "computer as a target" judgements for evidential reasoning by extracting four case elements: decision, intent, fact, and evidence. Analysing the decision element is essential for studying the scale of sentence severity for cross-jurisdictional comparisons. Examining the intent element can facilitate future risk assessment. Analysing the fact element can enhance an organization's capability of analysing criminal activities for future offender profiling. Examining the evidence used against a defendant from previous judgements can facilitate the preparation of evidence for upcoming legal disclosure. Follow the concepts of argumentation diagrams, we develop an automatic judgement summarizing …
In-The-Wild Residual Data Research And Privacy,
2016
University of South Alabama
In-The-Wild Residual Data Research And Privacy, William B. Glisson, Tim Storer, Andrew Blyth, George Grispos, Matt Campbell
Journal of Digital Forensics, Security and Law
As the world becomes increasingly dependent on technology, researchers in both industry and academia endeavor to understand how technology is used, the impact it has on everyday life, the artifact life-cycle and overall integrations of digital information. In doing so, researchers are increasingly gathering 'real-world' or 'in-the-wild' residual data, obtained from a variety of sources, without the explicit consent of the original owners. This data gathering raises significant concerns regarding privacy, ethics and legislation, as well as practical considerations concerning investigator training, data storage, overall security and data disposal. This research surveys recent studies of residual data gathered in-the-wild and …
Low Budget Forensic Drive Imaging Using Arm Based Single Board Computers,
2016
Sam Houston State University
Low Budget Forensic Drive Imaging Using Arm Based Single Board Computers, Eric Olson, Narasimha Shashidhar
Journal of Digital Forensics, Security and Law
Traditional forensic analysis of hard disks and external media typically involves a powered down machine and “dead analysis” of these devices. Forensic acquisition of hard drives and external media has traditionally been by one of several means: standalone forensic duplicator; using a hardware write-blocker or dock attached to a laptop, computer, workstation, etc., forensic operating systems that live boot from a USB, CD/DVD or virtual machines with preinstalled operating systems. Standalone forensics acquisition and imaging devices generally cost thousands of dollars. In this paper, we propose the use of single board computers as forensic imaging devices. Single board computers can …
Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies,
2016
Purdue University
Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory
Journal of Digital Forensics, Security and Law
Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …
Table Of Contents,
2016
Embry-Riddle Aeronautical University
Table Of Contents
Journal of Digital Forensics, Security and Law
No abstract provided.
On Efficiency Of Distributed Password Recovery,
2016
Brno University of Technology
On Efficiency Of Distributed Password Recovery, Radek Hranický, Martin Holkovič, Petr Matoušek
Journal of Digital Forensics, Security and Law
One of the major challenges in digital forensics today is data encryption. Due to the leaked information about unlawful sniffing, many users decided to protect their data by encryption. In case of criminal activities, forensic experts are challenged how to decipher suspect's data that are subject to investigation. A common method how to overcome password-based protection is a brute force password recovery using GPU-accelerated hardware. This approach seems to be expensive. This paper presents an alternative approach using task distribution based on BOINC platform. The cost, time and energy efficiency of this approach is discussed and compared to the GPU-based …
Towards Syntactic Approximate Matching - A Pre-Processing Experiment,
2016
Korea University
Towards Syntactic Approximate Matching - A Pre-Processing Experiment, Doowon Jeong, Frank Breitinger, Hari Kang, Sangjin Lee
Journal of Digital Forensics, Security and Law
Over the past few years the popularity of approximate matching algorithms (a.k.a. fuzzy hashing) has increased. Especially within the area of bytewise approximate matching, several algorithms were published, tested and improved. It has been shown that these algorithms are powerful, however they are sometimes too precise for real world investigations. That is, even very small commonalities (e.g., in the header of a le) can cause a match. While this is a desired property, it may also lead to unwanted results. In this paper we show that by using simple pre-processing, we signicantly can in uence the outcome. Although our test …
Log Analysis Using Temporal Logic And Reconstruction Approach: Web Server Case,
2016
Security Department Gumushane
Log Analysis Using Temporal Logic And Reconstruction Approach: Web Server Case, Murat Gunestas, Zeki Bilgin
Journal of Digital Forensics, Security and Law
We present a post-mortem log analysis method based on Temporal Logic (TL), Event Processing Language (EPL), and reconstruction approach. After showing that the proposed method could be adapted to any misuse event or attack, we specifically investigate the case of web server misuses. To this end, we examine 5 different misuses on Wordpress web servers, and generate corresponding log files of these attacks for forensic analysis. Then we establish attack patterns and formalize them by means of a special case of temporal logic, i.e. many sorted first order metric temporal logic (MSFOMTL). Later on, we implement these attack patterns in …
An Automated Approach For Digital Forensic Analysis Of Heterogeneous Big Data,
2016
School of Computing, Electronics and Mathematics, Plymouth
An Automated Approach For Digital Forensic Analysis Of Heterogeneous Big Data, Hussam Mohammed, Nathan Clarke, Fudong Li
Journal of Digital Forensics, Security and Law
The major challenges with big data examination and analysis are volume, complex interdependence across content, and heterogeneity. The examination and analysis phases are considered essential to a digital forensics process. However, traditional techniques for the forensic investigation use one or more forensic tools to examine and analyse each resource. In addition, when multiple resources are included in one case, there is an inability to cross-correlate findings which often leads to inefficiencies in processing and identifying evidence. Furthermore, most current forensics tools cannot cope with large volumes of data. This paper develops a novel framework for digital forensic analysis of heterogeneous …
