Issues with imaging drives containing faulty sectors

In the ideal situation when imaging a hard drive, all sectors are completely and accurately acquired and saved to an image file. In reality, occasionally drives will contain faulty sectors such that the original content of the faulty sector cannot be acquired with typical imaging tools. We report on several experiments using non-commercial imaging tools and their behavior when encountering faulty sectors on a hard drive. Investigators should be aware of some behaviors exhibited by the tools that we examined. For example, some accessible sectors adjacent to a faulty sector may be missed when imaged directly from the ATA interface. In addition, more sectors were missed adjacent to the faulty sector when a drive was imaged over the firewire interface using a write blocker.     

Testing the National Software Reference Library

The National Software Reference Library (NSRL) is an essential data source for forensic investigators, providing in its Reference Data Set (RDS) a set of hash values of known software. However, the NSRL RDS has not previously been tested against a broad spectrum of real-world data. The current work did this using a corpus of 36 million files on 2337 drives from 21 countries. These experiments answered a number of important questions about the NSRL RDS, including what fraction of files it recognizes of different types. NSRL coverage by vendor/product was also tested, finding 51% of the vendor/product names in our corpus had no hash values at all in NSRL. It is shown that coverage or “recall” of the NSRL can be improved with additions from our corpus such as frequently-occurring files and files whose paths were found previously in NSRL with a different hash value. This provided 937,570 new hash values which should be uncontroversial additions to NSRL. Several additional tests investigated the accuracy of the NSRL data. Experiments testing the hash values saw no evidence of errors. Tests of file sizes showed them to be consistent except for a few cases. On the other hand, the product types assigned by NSRL can be disputed, and it failed to recognize any of a sample of virus-infected files. The file names provided by NSRL had numerous discrepancies with the file names found in the corpus, so the discrepancies were categorized; among other things, there were apparent spelling and punctuation errors. Some file names suggest that NSRL hash values were computed on deleted files, not a safe practice. The tests had the secondary benefit of helping identify occasional errors in the metadata obtained from drive imaging on deleted files in our corpus. This research has provided much data useful in improving NSRL and the forensic tools that depend upon it. It also provides a general methodology and software for testing hash sets against corpora.     

我国环境公益诉讼的发展困境与对策分析

我国环境公益诉讼虽已在各地付诸实践,但其进展状况并非亦如人们的乐观预期。究其缘由,既有公益诉讼制度设计理念上的粗陋、保守甚至偏狭,也有具体制度规范技术上存在的缺陷,更有环境的公益性制度体系及其模糊关系背景的复杂性掺和其中,使得环境公益诉讼虽已起步却并未呈现应有生机。以贵阳“两湖一库”环境司法保护事件为背景,梳理出环境公益诉讼所暴露出的源自主体资格、激励机制（特别是资金保障）、审判方式及执行程序等方面的突出问题,并在此基础上提出解决问题的途径和方法。     

The Microbiome Forensics Database UZH

Microbial communities in biological stains can provide valuable information to assist forensic scientists identify the body fluid/tissue present in these. As these microbial communities are characteristic of body habitats, DNA sequencing of microbes can be used to predict bodily origin. Promising predictive results have been obtained with supervised machine learning algorithms trained on bacterial abundance data from human body sites. Importantly, prediction accuracy is dependent on the training dataset, yet compiling a large and comprehensive training reference is a non-trivial issue requiring substantial efforts. Here we present a new online database and associated data-mining platform which is, to our knowledge, the first one customised for forensic scientists investigating body fluids/tissues. Our database features samples originating from ten human body sites, with selection options through an online platform. Users can download bacterial abundance as well as taxonomic data, which can then be used to train predictive models and test their accuracy. Future stages of the development of the platform will include curation of the samples to decrease potential errors in sample labelling, as well as access to an online tool to conduct exploratory analyses.     

Detecting file fragmentation point using sequential hypothesis testing

File carving is a technique whereby data files are extracted from a digital device without the assistance of file tables or other disk meta-data. One of the primary challenges in file carving can be found in attempting to recover files that are fragmented. In this paper, we show how detecting the point of fragmentation of a file can benefit fragmented file recovery. We then present a sequential hypothesis testing procedure to identify the fragmentation point of a file by sequentially comparing adjacent pairs of blocks from the starting block of a file until the fragmentation point is reached. By utilizing serial analysis we are able to minimize the errors in detecting the fragmentation points. The performance results obtained from the fragmented test-sets of DFRWS 2006 and 2007 show that the method can be effectively used in recovery of fragmented files.     

Detecting file fragmentation point using sequential hypothesis testing

File carving is a technique whereby data files are extracted from a digital device without the assistance of file tables or other disk meta-data. One of the primary challenges in file carving can be found in attempting to recover files that are fragmented. In this paper, we show how detecting the point of fragmentation of a file can benefit fragmented file recovery. We then present a sequential hypothesis testing procedure to identify the fragmentation point of a file by sequentially comparing adjacent pairs of blocks from the starting block of a file until the fragmentation point is reached. By utilizing serial analysis we are able to minimize the errors in detecting the fragmentation points. The performance results obtained from the fragmented test-sets of DFRWS 2006 and 2007 show that the method can be effectively used in recovery of fragmented files.     

美国医疗差错的概念、定义与特征本

医疗差错已经是一个全世界的问题。越是现代化的国家 ,这一问题就显得越为严重 ,在美国因医疗差错导致患者死亡已占死因的第 8位。在我国 ,一直习惯使用医疗事故的概念 ,而医疗事故又在《刑法》里有明确的罪责。随着中国经济日益与世界接轨 ,法律制度中的一些概念性问题也在逐步朝向国际统一方向发展。因此 ,对于医疗差错的明确统一定义 ,就显得十分很重要。本文主要介绍美国法律方面的相关规定。一、医疗差错是当今的世界性问题1999年 ,美国医学研究所 (ＩＯＭ ,ｔｈｅＩｎｓｔｉｔｕｔｅｏｆＭｅｄｉｃｉｎｅ )估计 ,每年有 980 0 0人死于…     

Intergenerational mobility in the Ottoman Empire: Observations from eighteenth-century Kastamonu

Based on probate estate inventories from eighteenth-century Kastamonu in north Anatolia, this study examines intergenerational mobility patterns in one Ottoman provincial town. Although the topic is well-studied in many Western contexts, historical and contemporary, we still know little about the ways in which socioeconomic disparities and class identities were transmitted across subsequent generations of parents and children in the Ottoman Empire. In order to explore this issue in a sophisticated fashion, this article introduces quantitative techniques and categories of analysis tailored specifically for Ottoman sources. In addition to other findings, our analysis suggests that Kastamonu in the eighteenth century was vertically and horizontally segmented: Not only were there significant impediments to intergenerational mobility across privileged and underprivileged sectors of the society, such transitions were also infrequent across sub-groups within upper and lower classes. Despite a general lack of intergenerational fluidity at all socioeconomic levels, however, our calculations also reveal that the provincial elite were particularly immobile.     

Research on Gender and the Law: Where Are We Going,Where Have We Been?

This article provides an overview of issues related to research on gender and the law. Following a discussion of the ways in which gender and the law interact, we assess the extent to which Law and Human Behavior (LHB) has addressed the issue of gender. Specifically, we present the results of our analysis of the role of gender in articles published in LHB from 1990 through 1996. We discuss the relatively few gender-relevant studies that appeared, as well as comment upon the attention given to gender by research with other primary foci. We then discuss various strategies for conducting gender research and their implications for research on gender and the law. We conclude by introducing the articles in this special issue on gender and the law, commenting on how they add to our accumulated knowledge in this area.     

The right of publicity in the digital age – Doctrinal tensions, common law theories and proposals for solutions

In the fall of 2007, a federal appeals court ruled that the use of the names and records of Major League Baseball players without license or permission by an Internet fantasy sports website was protected speech and trumped the property rights of the players. The ruling by the U.S. federal appeals court in CBC v. MLBAM marks the latest skirmish in the long-simmering tension between the scope of the “Right of Publicity,” a common-law based doctrine that has expanded over the last half-century and the First Amendment's guarantee of free speech. This issue of where free speech ends and proprietary protection begins is the subject of a long line of cases – with conflicting rulings, different doctrines and a haphazard state-by-state approach. With the evolution of the Internet as a marketing and commerce tool, the economic implications of digital rights have increased the problem. This article tracks the development of the right of publicity tort, discusses the leading cases and proposes solutions.     

Change blindness can cause mistaken eyewitness identification

The current study investigated the effects of change blindness and crime severity on eyewitness identification accuracy. This research, involving 717 subjects, examined change blindness during a simulated criminal act and its effects on subjects' accuracy for identifying the perpetrator in a photospread. Subjects who viewed videos designed to induce change blindness were more likely to falsely identify the innocent actor relative to those who viewed control videos. Crime severity did not influence detection of change; however, it did have an effect on eyewitness accuracy. Subjects who viewed a more severe crime ($500 theft) made fewer errors in perpetrator identification than those who viewed a less severe crime ($5 theft). This research has theoretical implications for our understanding of change blindness and practical implications for the real‐world problem of faulty eyewitness testimony.     

法治是反腐倡廉之本

本文提出反腐败是个法律问题,并从腐败的特点和规律、我党发展的历史经验,以及从我国国家和法的性质上阐明了法治是反腐倡廉之本。所以说:腐败并不可怕,可怕的是反腐败的方法是否正确,只要我们有正确的态度,用正确的方法,腐败问题就一定能够解决。既然反腐败是个法律问题,我们就应当用法律手段来解决,也就是要依靠法治反腐败。因“法治”能从根本上预防、限止和杜绝权力的滥用。     

论我国著作权转让登记公示制度的构建--从著作权的"一女多嫁"谈起

著作权“一女多嫁”现象在我国频频发生,究其原因,是我国著作权法在允许著作财产权转让的同时,没有建立起保护交易安全的相应制度。著作权转让登记公示制度的建构既有安全、伦理性价值和证据支持,也有其深厚的制度底蕴。因此,在借鉴外国的立法例,并适度遵循我国的制度系统惯性的基础上,有必要构建我国的著作权转让登记公示制度。     

Restrictions on cryptography in India – A case studyof encryption and privacy

The developments of technology in communications industry have radically altered the ways in which we communicate and exchange information. Along with the speed, efficiency, and cost-saving benefits of the digital revolution come new challenges to the security and privacy of communications and information traversing the global communications infrastructure. As is with any technology the misuse of technology is noticed similarly the encryption technology. Encryption and other advanced technologies may be used, with direct impact on law enforcement and therefore some restrictions are necessary in the interests of national security. The problem, however, is ensuring that the restriction is legitimate and solely for in the interests of national security, the state not being allowed to interfere and keep a track on individuals' activities and private lives without sufficient cause. The individual needs encryption to protect their personal privacy and confidential data such as medical information, personal financial data, and electronic mail. In a networked environment, such information is increasingly at risk of being stolen or misused. Therefore, encryption is critical to building a secure and trusted global information infrastructure. Digital computers have changed the landscape considerably and the entire issue, at its simplest level, boils down to a form of balancing of interests. The specific legal and rights-related problems arising from the issue of cryptography and privacy in the Indian context are examined in this paper.     

Postal rule in acceptance via email

The fact that the digital world has conquered almost all aspects of life drives contracting parties to adopt a more expedient means of communication in their formation of a contract, which was traditionally executed in the paper form. Consequently, communication in most of contractual transactions nowadays is generally no longer made on paper but shifts to paperless documents through technological devices such as email and other electronic forms. This article focuses on the issue of the application of a traditional postal rule in acceptance through post in a contemporary acceptance via email. In dealing with this issue, the approaches adopted by jurisdictions such as Singapore, Australia, as well as Malaysia are examined. The findings have established that at present, there is no definite answer due to the inadequacies of existing legal frameworks and provisions, amplified by the lack of judicial interpretations to provide clear resolution. Although in certain countries, the approaches are comparatively well defined, uncertainties remain and the clear way towards resolution appears to be far from defined.     

Through the Quarantine Looking Glass: Drug-Resistant Tuberculosis and Public Health Governance, Law, and Ethics

The incident in May-June 2007 involving a U.S. citizen traveling internationally while infected with drug-resistant tuberculosis involved the U.S. federal government's application of its quarantine and isolation powers. The incident and the isolation order raised numerous important issues for public health governance, law, and ethics. This article explores many of these issues by examining how the exercise of quarantine powers provides a powerful lens through which to understand how societies respond to and attempt to govern threats posed by dangerous, contagious pathogens. The article considers historical aspects of governmental power to quarantine and isolate individuals and groups; analyzes the current state of quarantine and isolation law in the United States in light of the recent incident with drug-resistant tuberculosis; and explores global aspects of public health governance and law highlighted by this incident.     

Forensic limbo: Towards subverting hard disk firmware bootkits

We discuss the problem posed by malicious hard disk firmware towards forensic data acquisition. To this end, we analyzed the Western Digital WD3200AAKX model series (16 different drives) in depth and outline methods for detection and subversion of current state of the art bootkits possibly located in these particular hard disks' EEPROMs. We further extend our analysis to a total of 23 different hard drive models (16 HDDs and 7 SSDs) from 10 different vendors and provide a theoretical discussion on how hard disk rootkits residing in the firmware overlays and/or modules stored in the special storage area on a HDD called the Service Area could be detected. To this end, we outline the various debug interfacing possibilities of the various hard disk drives and how they can be used to perform a live analysis of the hard disk controller, such as dumping its memory over JTAG or UART, or how to access the Service Area via vendor specific commands over SATA.     

Medical Error and Patient Safety: Understanding Cultures in Conflict

Evidence documenting the high rate of medical errors to patients has taken a prominent place on the health care radar screen. The injuries and deaths associated with medical errors represent a major public health problem with significant economic costs and erosion of trust in the health care system. Between 44,000 and 98,000 deaths due to preventable medical errors are estimated to occur each year, making medical errors the eighth leading cause of death in the United States. However, the recent prominence of the issue of safety or error does not reflect a new phenomenon or sudden rift in the quality of health care (although it is a system fraying at the edges). Rather, the prominence of the issue reflects a radical change in the culture of health care, and in how relationships within the health care system are structured and perceived. In this paper, I discuss the multiple factors responsible for the change in the culture of health care. First, the culture has shifted from a clinician cantered system, in which decision making is one–sided, to a shared system of negotiated care between clinician and patient, and, often, between administrator or payer. Second, the nature of quality in health care has changed due to the geometric increase in the availability of technological and pharmaceutical enhancements to patient care. Third, the health care culture continues to rely on outdated models of conflict resolution. Finally, the regulatory structure of health system oversight was set in place when fee–for–service care governed physician–patient relationships and where few external technologies were available. In the current health care culture, that structure seems inadequate and diffuse, with multiple and overlapping federal and state regulatory structures that make implementation of patient safety systems difficult.     

Medicare program; changes to the hospital inpatient prospective payment systems and fiscal year 1999 rates; corrections--HCFA. Proposed rule; correction

In the May 8, 1998 issue of the Federal Register (63 FR 25575), we published a proposed rule to revise the Medicare hospital inpatient prospective payment systems for operating costs and capital-related costs to implement necessary changes arising from our continuing experience with the system. This document corrects technical errors made in that document.     

Appeal rate and caseload: evidence from civil litigation in Korea

Courts of modern democratic societies have generally implemented appeal procedures to correct potential errors in ruling. However, considering the time and effort that both litigants spend, availability of an appeal cannot be better than reaching the correct judgment in the original case. This difficulty raises the policy issue of how to reduce the rate of appeals and improve welfare of litigants. In this paper, we assert that lower caseloads allow judges to expend more time and effort on each case, contributing to lower appeal rates. Analysis of court-level data from Korea corroborates our inference.