Legal Studies Commons^™

Informal–Formal Sector Interactions In Automotive Engineering, Kampala, Dick Kawooya

Faculty Publications

This chapter provides findings from a Ugandan case study that examined innovation transfers between informal-sector automotive artisans and formally employed researchers at Makerere University’s College of Engineering, Design, Art and Technology (CEDAT). Th e primary site studied was CEDAT’s Gatsby Garage, an automotive workshop where it was found that the informal-sector artisans were central to innovative processes but were at the same time driven more by sharing impulses than by concern for the intellectual property (IP) implications of their work. Based on these findings, it is argued that Ugandan policy-makers need to seek policy tools to support innovation transfers between …

Educating The Next Generation Of Cyberforensic Professionals, Mark Pollitt, Philip Craiger

Publications

This paper provides a historical overview of the development of cyberforensics as a scientific discipline, along with a description of the current state of training, educational programs, certification and accreditation. The paper traces the origins of cyberforensics, the acceptance of cyberforensics as a forensic science and its recognition as a component of information security. It also discusses the development of professional certification and standardized bodies of knowledge that have had a substantial impact on the discipline. Finally, it discusses the accreditation of cyberforensic educational programs, its linkage with the bodies of knowledge and its effect on cyberforensic educational programs.

The Undue Hardship Thicket: On Access To Justice, Procedural Noncompliance, And Pollutive Litigation In Bankruptcy, Rafael I. Pardo

Scholarship@WashULaw

This Article offers new insights into understanding the complexities and costs of the litigation burden that Congress has imposed on debtors who seek a fresh start in bankruptcy. In order to explore the problems inherent in a system that necessitates litigation as the path for obtaining certain types of bankruptcy relief, this Article focuses on the particular example of debtors who seek to discharge their student loans in bankruptcy. Such debt may be discharged only if the debtor can establish through a full-blown lawsuit that repaying the loans would impose an undue hardship. The procedure and burdens of proof governing …

The Self-Regulation Of Investment Bankers, Andrew F. Tuch

Scholarship@WashULaw

As broker-dealers, investment bankers must register with the Financial Industry Regulatory Authority (“FINRA”) and comply with its rules, including the requirement to “observe high standards of commercial honor and just and equitable principles of trade.” As the self-regulatory body for broker-dealers, FINRA functions as the equivalent of the self-regulatory bodies governing other professionals, such as lawyers and accountants. Unlike the self-regulation of these professionals, however, the self-regulation of investment bankers has thus far attracted scant scholarly attention.

This Article evaluates the effectiveness of this self-regulatory system in deterring investment bankers’ misconduct. Based on a hand-collected data set of every disciplinary …

New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre

Notre Dame Journal of International & Comparative Law

In this introduction to the issue on New Trends in Latin American Constitutionalism, Santiago Legarre offers his remarks at the opening of the conference on New Trends in Latin American Constitutionalism held at Notre Dame Law School in 2013. After briefly recounting the origins of the conference, Legarre summarizes some of the key modern challenges in Latin America and the role of constitutionalism in addressing these challenges. Legarre pays particular attention to the rapid growth of income inequality in the region. He ultimately concludes that some of the major challenges to the region are rooted in a lack of consensus …

The Sexual History Polygraph Examination And Its Influences On Recidivism, Roger Cook, William Barkley, Peter B. Anderson

Journal of Sustainable Social Impact

The polygraph in postconviction sex offender testing is used to assist in the treatment and supervision of convicted sex offenders by more than 70% of the jurisdictions that supervise these offenders in the United States. Prior researchers have failed to convincingly demonstrate how the polygraph can be used to target risk behaviors and reduce recidivism. Consequently, the use of the sexual history polygraph examination (SHPE) has not been demonstrated to reduce recidivism. We sought answers as to how the SHPE influences the behaviors of sexual offenders required to undergo a SHPE, and whether or not there is a difference in …

Hot Zone Identification: Analyzing Effects Of Data Sampling On Spam Clustering, Rasib Khan, Mainul Mizan, Ragib Hasan, Alan Sprague

Journal of Digital Forensics, Security and Law

Email is the most common and comparatively the most efficient means of exchanging information in today's world. However, given the widespread use of emails in all sectors, they have been the target of spammers since the beginning. Filtering spam emails has now led to critical actions such as forensic activities based on mining spam email. The data mine for spam emails at the University of Alabama at Birmingham is considered to be one of the most prominent resources for mining and identifying spam sources. It is a widely researched repository used by researchers from different global organizations. The usual process …

Using Internet Artifacts To Profile A Child Pornography Suspect, Marcus K. Rogers, Kathryn C. Seigfried-Spellar

Journal of Digital Forensics, Security and Law

Digital evidence plays a crucial role in child pornography investigations. However, in the following case study, the authors argue that the behavioral analysis or “profiling” of digital evidence can also play a vital role in child pornography investigations. The following case study assessed the Internet Browsing History (Internet Explorer Bookmarks, Mozilla Bookmarks, and Mozilla History) from a suspected child pornography user’s computer. The suspect in this case claimed to be conducting an ad hoc law enforcement investigation. After the URLs were classified (Neutral; Adult Porn; Child Porn; Adult Dating sites; Pictures from Social Networking Profiles; Chat Sessions; Bestiality; Data Cleaning; …

Personal Denial Of Service (Pdos) Attacks: A Discussion And Exploration Of A New Category Of Cyber Crime, Michael R. Bartolacci, Larry J. Leblanc, Ashley Podhradsky

Journal of Digital Forensics, Security and Law

The growth of the Internet has created a corresponding growth in Internet-based crimes and online misbehavior, particularly among younger computer-savvy people. Younger generations have grown up in a world where internet access, social networking, e-commerce and smartphones are commonplace. Given this fact, they have learned how to use, and how to abuse, technology. This leads us to define a new category of cybercrime called a Personal Denial of Service attack (PDOS). A PDOS is a cyber-crime in which an individual deliberately prevents the access of another individual or small group to online services such as email or banking. Due to …

On Cyber Attacks And Signature Based Intrusion Detection For Modbus Based Industrial Control Systems, Wei Gao, Thomas H. Morris

Journal of Digital Forensics, Security and Law

Industrial control system communication networks are vulnerable to reconnaissance, response injection, command injection, and denial of service attacks. Such attacks can lead to an inability to monitor and control industrial control systems and can ultimately lead to system failure. This can result in financial loss for control system operators and economic and safety issues for the citizens who use these services. This paper describes a set of 28 cyber attacks against industrial control systems which use the MODBUS application layer network protocol. The paper also describes a set of standalone and state based intrusion detection system rules which can be …

Idiographic Digital Profiling: Behavioral Analysis Based On Digital Forensics, Chad M. Steel

Journal of Digital Forensics, Security and Law

Idiographic digital profiling (IDP) is the application of behavioral analysis to the field of digital forensics. Previous work in this field takes a nomothetic approach to behavioral analysis by attempting to understand the aggregate behaviors of cybercriminals. This work is the first to take an idiographic approach by examining a particular subject's digital footprints for immediate use in an ongoing investigation. IDP provides a framework for investigators to analyze digital behavioral evidence for the purposes of case planning, subject identification, lead generation, obtaining and executing warrants, and prosecuting offenders.

Book Review: The Basics Of Digital Forensics: The Primer For Getting Started In Digital Forensics, Stephen Larson

Journal of Digital Forensics, Security and Law

The Basics of Digital Forensics: The Primer for Getting Started in Digital Forensics is well-named–it really is very basic. And it should be, as the book’s intended audience includes entry-level digital forensics professionals and complimentary fields such as law enforcement, legal, and general information security. Though the copyright is 2012, some of the data is from 2009, and there is mention of estimates for 2010.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

File Detection On Network Traffic Using Approximate Matching, Frank Breitinger, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

In recent years, Internet technologies changed enormously and allow faster Internet connections, higher data rates and mobile usage. Hence, it is possible to send huge amounts of data / files easily which is often used by insiders or attackers to steal intellectual property. As a consequence, data leakage prevention systems (DLPS) have been developed which analyze network traffic and alert in case of a data leak. Although the overall concepts of the detection techniques are known, the systems are mostly closed and commercial. Within this paper we present a new technique for network traffic analysis based on approximate matching (a.k.a …

On Identities In Modern Networks, Libor Polcak, Radek Hranick, Tomas Martınek

Journal of Digital Forensics, Security and Law

Communicating parties inside computer networks use different kind of identifiers. Some of these identifiers are stable, e.g., logins used to access a specific service, some are only temporary, e.g., dynamically assigned IP addresses. This paper tackles several challenges of lawful interception that emerged in modern networks. The main contribution is the graph model that links identities learnt from various sources distributed in a network. The inferred identities result into an interception of more detailed data in conformance with the issued court order. The approach deals with network address translation, short-lived identifiers and simultaneous usage of different identities. The approach was …

Accurate Modeling Of The Siemens S7 Scada Protocol For Intrusion Detection And Digital Forensics, Amit Kleinmann, Avishai Wool

Journal of Digital Forensics, Security and Law

The Siemens S7 protocol is commonly used in SCADA systems for communications between a Human Machine Interface (HMI) and the Programmable Logic Controllers (PLCs). This paper presents a model-based Intrusion Detection Systems (IDS) designed for S7 networks. The approach is based on the key observation that S7 traffic to and from a specific PLC is highly periodic; as a result, each HMI-PLC channel can be modeled using its own unique Deterministic Finite Automaton (DFA). The resulting DFA-based IDS is very sensitive and is able to flag anomalies such as a message appearing out of its position in the normal sequence …

Understanding Computer Forensics Requirements In China Via The “Panda Burning Incense” Virus Case, Frank Law, K. P. Chow, Y. H. Mai

Journal of Digital Forensics, Security and Law

In March 2012, Mainland China has amended its Criminal Procedure Law, which includes the introduction of a new type of evidence, i.e., digital evidence, to the court of law. To better understand the development of computer forensics and digital evidence in Mainland China, this paper discusses the Chinese legal system in relation to digital investigation and how the current legal requirements affect the existing legal and technical usage of digital evidence at legal proceedings. Through studying the famous “Panda Burning Incense (Worm.WhBoy.cw)” virus case that happened in 2007, this paper aims to provide a better understanding of how to properly …

Forensics Of Software Copyright Infringement Crimes: The Modern Posar Test Juxtaposed With The Dated Afc Test, Vinod P. Bhattathiripad

Journal of Digital Forensics, Security and Law

This paper presents a new development in the forensics of software copyright through a juxtaposed comparison between the proven AFC test and the recent POSAR test, the two forensic procedures for establishing software copyright infringement cases. First, the paper separately overviews the 3-stage, linear sequential AFC test and then the 5-phase, cyclic POSAR test (as AFC’s logical extension). The paper then compares the processes involved in each of the 5 phases of the POSAR test with the processes involved in the 3 stages in the AFC test, for the benefit of forensic practitioners and researchers. Finally, the paper discusses some …

Leveraging Decentralization To Extend The Digital Evidence Acquisition Window: Case Study On Bittorrent Sync, Mark Scanlon, Jason Farina, Nhien A. Khac, Tahar Kechadi

Journal of Digital Forensics, Security and Law

File synchronization services such as Dropbox, Google Drive, Microsoft OneDrive, Apple iCloud, etc., are becoming increasingly popular in today’s always-connected world. A popular alternative to the aforementioned services is BitTorrent Sync. This is a decentralized/cloudless file synchronization service and is gaining significant popularity among Internet users with privacy concerns over where their data is stored and who has the ability to access it. The focus of this paper is the remote recovery of digital evidence pertaining to files identified as being accessed or stored on a suspect’s computer or mobile device. A methodology for the identification, investigation, recovery and verification …

An Efficient Similarity Digests Database Lookup – A Logarithmic Divide & Conquer Approach, Frank Breitinger, Christian Rathgeb, Harald Baier

Journal of Digital Forensics, Security and Law

Investigating seized devices within digital forensics represents a challenging task due to the increasing amount of data. Common procedures utilize automated file identification, which reduces the amount of data an investigator has to examine manually. In the past years the research field of approximate matching arises to detect similar data. However, if n denotes the number of similarity digests in a database, then the lookup for a single similarity digest is of complexity of O(n). This paper presents a concept to extend existing approximate matching algorithms, which reduces the lookup complexity from O(n) to O(log(n)). Our proposed approach is based …