Legal Studies Commons^™

Column: Putting The Science In Digital Forensics, Fred Cohen

Journal of Digital Forensics, Security and Law

In a recent study, digital forensics was found to lack a consensus around even the most basis notions and terminology of the field. To quote: “These two preliminary studies individually suggest that (1) scientific consensus in the area of digital forensic evidence examination is lacking in the broad sense, but that different groups within that overall community may have limited consensus around areas in which they have special expertise, and (2) that the current peerreviewed publication process is not acting to bring about the sorts of elements typically found in the advancement of a science toward such a consensus. ... …

Technology Corner: Internet Packet Sniffers, Nick V. Flor, Kenneth Guillory

Journal of Digital Forensics, Security and Law

The best way to understand an internet packet sniffer, hereafter “packet sniffer”, is by analogy with a wiretap. A wiretap is a piece of hardware that allows a person to eavesdrop on phone conversations over a telephone network. Similarly, a packet sniffer is a piece of software that allows a person to eavesdrop on computer communications over the internet. A packet sniffer can be used as a diagnostic tool by network administrators or as a spying tool by hackers who can use it to steal passwords and other private information from computer users. Whether you are a network administrator or …

Sampling: Making Electronic Discovery More Cost Effective, Milton Luoma, Vicki Luoma

Journal of Digital Forensics, Security and Law

With the huge volumes of electronic data subject to discovery in virtually every instance of litigation, time and costs of conducting discovery have become exceedingly important when litigants plan their discovery strategies. Rather than incurring the costs of having lawyers review every document produced in response to a discovery request in search of relevant evidence, a cost effective strategy for document review planning is to use statistical sampling of the database of documents to determine the likelihood of finding relevant evidence by reviewing additional documents. This paper reviews and discusses how sampling can be used to make document review more …

Column: The Physics Of Digital Information, Fred Cohen

Journal of Digital Forensics, Security and Law

No abstract provided.

Developing A Forensic Continuous Audit Model, Grover S. Kearns, Katherine J. Barker, Stephen P. Danese

Journal of Digital Forensics, Security and Law

Despite increased attention to internal controls and risk assessment, traditional audit approaches do not seem to be highly effective in uncovering the majority of frauds. Less than 20 percent of all occupational frauds are uncovered by auditors. Forensic accounting has recognized the need for automated approaches to fraud analysis yet research has not examined the benefits of forensic continuous auditing as a method to detect and deter corporate fraud. The purpose of this paper is to show how such an approach is possible. A model is presented that supports the acceptance of forensic continuous auditing by auditors and management as …

Analysis Of Data Remaining On Second Hand Adsl Routers, Patryk Szewczyk

Journal of Digital Forensics, Security and Law

In theory, an ADSL router can provide an additional layer of security to a wired and wireless network through; access control, wireless encryption, firewall rule sets, and network event logging. An ADSL router may also contain the users’ usage habits and broadband account credentials. However, end-users may be unaware of the intricacies of the security measures available and the potentially confidential information stored on their device. As a result a second hand ADSL router may contain a wealth of user-specific information if not wiped and disposed of in a secure manner. This paper shows the data that was acquired from …

Book Review: Online Privacy: Issues In The Digital Age, Darlene M. Tester

Journal of Digital Forensics, Security and Law

This book is one of a series of books Currie has written about online areas of concern. This is the sixth book in the series. The purpose of the book is to act as a primer for people in the IT field who may need a point of reference for Internet issues such as gaming, security and privacy. The book takes a high level look at the complexities of privacy online from social networking to hackers and provides insight into what the most pressing issues of privacy are online today.

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Technology Corner: Virtual Crime Scene Reconstruction: The Basics Of 3d Modeling, Nick V. Flor

Journal of Digital Forensics, Security and Law

Digital crime scenes take place in the context of physical crime scenes. Virtual crime scene reconstruction is an activity where investigators create a 3- dimensional (3-D) model of an actual crime scene for the purpose of determining the events that lead to the crime. While virtual crime scene reconstruction is currently used for analyzing physical scenes, it can also help investigators visualize and explore ways digital media could have been used to perpetrate a crime. In this technology corner we explore one of the technologies underlying virtual crime scene reconstruction: 3-D modeling.

Working Inside The Box: An Example Of Google Desktop Search In A Forensic Examination, Timothy J. Latulippe

Journal of Digital Forensics, Security and Law

Information and the technological advancements for which mankind develops with regards to its storage has increased tremendously over the past few decades. As the total amount of data stored rapidly increases in conjunction with the amount of widely available computer-driven devices being used, solutions are being developed to better harness this data. These types of advancements are continually assisting investigators and computer forensic examiners. One such application which houses copious amounts of fruitful data is the Google Desktop Search program. Coupled with tested and verified techniques, examiners can exploit the power of this application to cater to their investigative needs. …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

Book Review: Iphone And Ios Forensics: Investigation, Analysis And Mobile Security For Apple Iphone, Ipad And Ios Devices, Christopher Schulte

Journal of Digital Forensics, Security and Law

These are exciting times for Digital Forensics practitioners. While our examinations of mobile devices (including cell phones and tablet computers) continue to bring new and sometimes hair-pulling challenges into our labs and on-site engagements, research and understanding of these tiny computers is increasing at what seems an exponential rate. This is especially true in the iOS (Apple Computer’s mobile operating system that powers the iPhone, iPad, iPod Touch and Apple TV) space. The diligent work of talented computer scientists in this field allows examiners everywhere to reap the benefits of easier, faster and more effective examinations that yield more accurate …

Investigating Modern Communication Technologies: The Effect Of Internet-Based Communication Technologies On The Investigation Process, Matthew Simon, Jill Slay

Journal of Digital Forensics, Security and Law

Communication technologies are commonplace in modern society. For many years there were only a handful of communication technologies provided by large companies, namely the Public Switched Telephone Network (PSTN) and mobile telephony; these can be referred to as traditional communication technologies. Over the lifetime of traditional communication technologies has been little technological evolution and as such, law enforcement developed sound methods for investigating targets using them. With the advent of communication technologies that use the Internet – Internet-based or contemporary communication technologies – law enforcement are faced with many challenges. This paper discusses these challenges and their potential impact. It …

School-Based Juvenile Probation And Police Partnerships For Truancy Reduction, Leanne F. Alarid, Barbara A. Sims, James Ruiz

Contemporary Issues in Juvenile Justice

Truancy places students at risk in primary and secondary education and is linked to conduct disorder, drug use, and delinquency. To prevent truancy and reduce risk, school-based proba-tion supervision has emerged within school districts in partnership with local law enforcement officers in an effort to enforce probation conditions for truant youths and prevent future delin-quency. This research uses key information interviews of knowledgeable stakeholders to examine the delivery of school-based probation supervision. Home visits and court hearings were perceived to be effective at reducing truancy and tardiness. This study affirms that strong lead-ership, information sharing, and involvement of parents were …

Enrolling And Engaging High-Risk Youths And Families In Community-Based, Brief Intervention Services, Richard Dembo, Laura M. Gulledge, Rhissa Briones-Robinson, Ken C. Winters

Faculty Publications

Increasing interest has been shown in brief interventions for troubled persons, including those with substance abuse problems. Most of the published literature on this topic has focused on adults, and on the efficacy of these interventions. Few of these studies have examined the critical issues of enrollment and engagement in brief intervention services. The present article seeks to address the shortcomings in the current literature by reporting on our experiences implementing National Institute on Drug Abuse (NIDA)-funded brief intervention projects involving truant and diversion program youths.

Tort Reform And American Political Economy, Ian J. Drake

Department of Political Science and Law Faculty Scholarship and Creative Works

The expansion of tort liability throughout the last century was a unique period of American legal history. In the field of products liability the expansion was dramatic; so much that it can be considered revolutionary. Also, the reaction to this expansion was so forceful that it thwarted the larger goals of the expansionary movement. This paper will review the purposes of the expansion of tort law in the twentieth century and the purposes and effects of the reaction it spurred at the state level. In short, it is my conclusion that the expansion of products liability after World War II--the …

Call Of Duty: A Question Of Police Integrity, Albert O. Gamarra

Dissertations, Theses, and Capstone Projects

Policing is a profession linked to ideals of integrity and honor. In spite of this, the profession has not been immune to corruption within its ranks. Most research in policing has concentrated on police corruption rather than police integrity. Research studies have examined the issue of corruption but they have encountered a multitude of measurement issues, making the direct study of corruption difficult.

The goal of this research study was to replicate the seminal Klockars, Ivkovich, Harver & Haberfeld (2000) study examining police integrity within the United States. There has been a lack of research dedicated to the study of …

American Legal Theory And American Legal Education: A Snake Swallowing Its Tail?, John Henry Schlegel

Journal Articles

No abstract provided.

The Political Economy Of Criminal Procedure Litigation, Anthony O'Rourke

Journal Articles

Criminal procedure has undergone several well-documented shifts in its doctrinal foundations since the Supreme Court first began to apply the Constitution’s criminal procedure protections to the States. This Article examines the ways in which the political economy of criminal litigation – specifically, the material conditions that determine which litigants are able to raise criminal procedure claims, and which of those litigants’ cases are appealed to the United States Supreme Court – has influenced these shifts. It offers a theoretical framework for understanding how the political economy of criminal litigation shapes constitutional doctrine, according to which an increase in the number …

Card Check Labor Certification: Lessons From New York, William A. Herbert

Publications and Research

During the debate over the card check proposal in the Employee Free Choice Act of 2009 (EFCA), there has been a notable lack of discussion about New York’s fifty-year history and experience with card check certification. This article challenges and contradicts much of the prior scholarship and debate over EFCA by examining New York’s development and administration of card check procedures. The article begins with an overview of the history of New York public sector labor relations prior to the establishment of collective bargaining rights. As part of that historical overview, it examines the development of informal employee organization representation, …