Representations of Law and the Nonfiction Novel: Capote’s In Cold Blood Revisited

The article describes the way in which law-related events are represented in Truman Capote??s In Cold Blood. Based on a narrative analysis, the paper will posit that In Cold Blood played a particular role in originating and shaping an innovative mode of representing law-related events, a mode that was widely employed since, in various artistic mediums and in popular culture. As the paper further elaborates, Capote??s work paved new ways for challenging the conventional boundaries between ??reality?? and ??fiction?? with regard to the representation of law-related events. The paper will also maintain that in addition to its contribution to the law and literature discourse, In Cold Blood can be also seen as an early prototype to the digital legal spectacles that are now common. Revisiting In Cold Blood reveals not only its standing as originating model of many present-day cultural representations of the legal system in action, but also the essential difference between the almost unrestrainedly produced digital law-related content, to a artistic enterprise, characterized by poetic distinctiveness.     

Assessing the Psychological Well-being and Coping Mechanisms of Law Enforcement Investigators vs. Digital Forensic Examiners of Child Pornography Investigations

Previous research indicates law enforcement investigators and digital forensic examiners working child exploitation cases are at an increased risk for experiencing psychological distress; however, the roles of digital forensic examiners and investigators often overlap substantially when working child pornography cases. Thus, the current study was the first to compare the psychological well-being, job satisfaction, coping mechanisms, and attitudes toward mental health services for individuals working as either digital forensic examiners and/or investigators of child pornography cases. Law enforcement officers were solicited from the Internet Crimes Against Children task force listserv, and based on their current self-reported duties, 20 were classified as digital forensic examiners-only, 71 as investigators-only, and 38 as both digital forensic examiners and investigators of cases involving Internet child pornography. Results showed significant differences between groups; individuals performing both duties scored significantly higher on secondary traumatic stress, higher on feelings of worthlessness, and lower on concentration compared to digital forensic examiners-only. Individuals performing both duties also reported significantly lower scores on job satisfaction compared to investigators-only. Finally, individuals working both duties were significantly more likely to know someone who sought counseling as a result of work-related stress. The study’s mental health implications and future research suggestions are discussed.     

A formal model for event reconstruction in digital forensic investigation

Event reconstruction is an important phase in digital forensic investigation, which determines what happened during the incident. The digital investigator uses the findings of this phase to prepare reports for the court. Since the results must be reproducible and verifiable, it is necessary that the event reconstruction methods be rigorous and strict. In order to fulfill the legal requirements, this study proposes an event reconstruction framework which is based on the formal mathematical methods. In particular, it uses the temporal logic model checking that is an automatic verification technique. The idea is that the system under investigation is modeled as a transition system. Then the digital forensic property is specified using the modal μ-calculus. Finally, a model checking algorithm verifies whether the transition system meets the property. In order to demonstrate the proposed formal event reconstruction framework, an abstract model of the FAT file system is presented and some digital forensic properties are formulated. A big problem in model checking is the so-called state space explosion. This study addresses this problem and suggests some solutions to it. Finally, the proposed framework is applied to a case study to demonstrate how some hypotheses can be proved or refuted.     

APK Auditor: Permission-based Android malware detection system

Android operating system has the highest market share in 2014; making it the most widely used mobile operating system in the world. This fact makes Android users the biggest target group for malware developers. Trend analyses show large increase in mobile malware targeting the Android platform. Android's security mechanism is based on an instrument that informs users about which permissions the application needs to be granted before installing them. This permission system provides an overview of the application and may help gain awareness about the risks. However, we do not have enough information to conclude that standard users read or digital investigators understand these permissions and their implications. Digital investigators need to be on the alert for the presence of malware when examining Android devices, and can benefit from supporting tools that help them understand the capabilities of such malicious code. This paper presents a permission-based Android malware detection system, APK Auditor that uses static analysis to characterize and classify Android applications as benign or malicious. APK Auditor consists of three components: (1) A signature database to store extracted information about applications and analysis results, (2) an Android client which is used by end-users to grant application analysis requests, and (3) a central server responsible for communicating with both signature database and smartphone client and managing whole analysis process. To test system performance, 8762 applications in total, 1853 benign applications from Google's Play Store and 6909 malicious applications from different sources were collected and analyzed by the system developed. The results show that APK Auditor is able to detect most well-known malwares and highlights the ones with a potential in approximately 88% accuracy with a 0.925 specificity.     

Interpretation of Law and Judges Communities

The principle of omnia sunt interpretanda refers to the derivational conception and derivational theory of interpretation. The principle appears in disputes concerning the role of a judge in the process of interpretation, and this has produced an effect that Polish theory of law is currently getting closer to the conceptions presented in the American debate on activism and textualism. In the practice of jurisdiction, the principle of omnia sunt interpretanda is mostly invoked outside theoretical context. It becomes a manifestation of a new dimension of judicial independence, namely an independent authority over the meaning of legal text. In the following paper the legal cultures and legal theories involved in the dispute are being disclosed in order to put in question the possibility of achieving a clear result of interpretation against a background of a crisis of the relations between law and law-making state, which manifests itself in the peculiar process of legal institutions becoming autonomous in relation to state institutions. In this context, the aforementioned principle constitutes the manifestation of the way in which courts come up with a new definition of the role of the third (sui generic) power. The certain organizational requirements placed upon the courts (especially the SAC and provincial administrative courts) are being scrutinized in order to find out in which mode it is possible to at least reduce the degree of inconsistency of the results of interpretation. Here, the attempt to organize a community of judges for the activities of legal interpretation undertaken by them plays a crucial role.     

The European Court of Justice in Bolagsupplysningen: The Brussels I Recast Regulation's jurisdictional rules for online infringement of personality rights further clarified

In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.     

A framework for post-event timeline reconstruction using neural networks

Post-event timeline reconstruction plays a critical role in forensic investigation and serves as a means of identifying evidence of the digital crime. We present an artificial neural networks based approach for post-event timeline reconstruction using the file system activities. A variety of digital forensic tools have been developed during the past two decades to assist computer forensic investigators undertaking digital timeline analysis, but most of the tools cannot handle large volumes of data efficiently. This paper looks at the effectiveness of employing neural network methodology for computer forensic analysis by preparing a timeline of relevant events occurring on a computing machine by tracing the previous file system activities. Our approach consists of monitoring the file system manipulations, capturing file system snapshots at discrete intervals of time to characterise the use of different software applications, and then using this captured data to train a neural network to recognise execution patterns of the application programs. The trained version of the network may then be used to generate a post-event timeline of a seized hard disk to verify the execution of different applications at different time intervals to assist in the identification of available evidence.     

The future decisions of RoboJudge HHJ Arthur Ian Blockchain: Dread,delight or derision?,

Steve Saxby's prescient founding of CLSR, two hundred issues ago, encouraged and resonated with my own digital visionary thinking and professional activity in the evolving field of ICT and the Law. From Infolex, the UK's first commercially-available computer-assisted legal information retrieval service, and my APPEAL Report (on the admissibility of computer evidence in court and the legal reliability/security of IT systems), via my Forensic Systems Analysis expert methodology, to the nascent CryptoBlockTV, Steve's scholarly foresight in promoting adventurous exploration of ‘digilaw’ high-ground topics and issues has presented me with opportunities to generate a stream of prescient material, for which I am immensely grateful. And what is beyond prescient today is that the Coming of the Robots is unstoppable. The Artificial Intelligence (AI) Age is upon us; RoboJudge has all but already arrived. While many are concerned about defining and developing Machine Ethics, Castell's Second Dictum: “You cannot construct an algorithm that will reliably decide whether or not any algorithm is ethical” reveals that this is a futile exercise. Algorithms are also pivotal to the current mania for Crypto-Algorithmic Blockchain Technology Initial Coin Offerings (ICOs), with a ‘Crypto Tribe’ of Millennials relentlessly raising billions in real money thereby, to the extent that I have dubbed Crypto the Millennials’ Rock'n’Roll. The seasoned ICT expert professional however bears in mind that there are as yet no ISO standards for blockchain, and there is far more to creating and delivering a complete quality-assured system than just the blockchain component. Furthermore, the legal status of cryptocurrency, smart contract and distributed ledger technology is not clear or uncontentious – and there is already ICO litigation on foot. Nevertheless, taking my limerick-writing Castell GhostWriteBot’s advice, it is perhaps time for my own asset-linked ICO, to launch my CapChere.com concept designed to reboot Capitalism and achieve ubiquitous universal share and wealth ownership. Look out for Castell GhostWriteBot’s account (with or without limericks) of how I fared, in the 400th issue of CLSR.     

Forensic Considerations for Preprocessing Effects on Clinical MDCT Scans

Manipulation of digital photographs destined for medico‐legal inquiry must be thoroughly documented and presented with explanation of any manipulations. Unlike digital photography, computed tomography (CT) data must pass through an additional step before viewing. Reconstruction of raw data involves reconstruction algorithms to preprocess the raw information into display data. Preprocessing of raw data, although it occurs at the source, alters the images and must be accounted for in the same way as postprocessing. Repeated CT scans of a gunshot wound phantom were made using the Toshiba Aquilion 64‐slice multidetector CT scanner. The appearance of fragments, high‐density inclusion artifacts, and soft tissue were assessed. Preprocessing with different algorithms results in substantial differences in image output. It is important to appreciate that preprocessing affects the image, that it does so differently in the presence of high‐density inclusions, and that preprocessing algorithms and scanning parameters may be used to overcome the resulting artifacts.     

Legal technology in contemporary USA and China

The US and China are two typical models that present legal tech trends that are common world over. In China, robust regional models of intelligent judicial systems have emerged alongside some common applications that include the same-type case referencing, automated sentencing decision, uniform standards of evidence, and judges’ data profiling systems. In the US, legal tech refers to artificial intelligence in domains such as innovative legal research, predictive litigation analysis, e-discovery, and contract review.The common elements in the development of legal tech in both countries are useful for other countries to understand. However, the legal tech in both countries has distinct characteristics, as seen in their different driving forces, target groups and purposes. The characteristics of legal tech are heavily related to each country's political background, legal system, and judicial structure. The different paths taken toward legal tech also remind us to reflect on the mistakes made and to explore some experiences pertaining to developing legal tech. For the strategic deployment, it is reasonable to apply cutting-edge technologies to the legal field until they are truly matured, and combine the top-level design with local pilot projects. For the target groups, litigants and vulnerable groups should not be neglected in legal tech service provision. For the purposes, machines should play an auxiliary role rather than replace judges altogether.     

An introduction to investigating IPv6 networks

This practitioner paper provides an introduction to investigating IPv6 networks and systems. IPv6 addressing, packet structure, and supporting protocols are explained. Collecting information from IPv6 registries and databases such as WHOIS and DNS is demonstrated. Basic concepts and methods relevant for digital forensic investigators are highlighted, including the forensic analysis of IPv6 enabled systems. The enabling of IPv6 capability in a forensics lab is shown, including IPv6 connectivity and the use of IPv6 compatible tools. Collection and analysis of live network evidence from IPv6 networks is discussed, including investigation of remote IPv6 nodes, and promiscuous capture of IPv6 traffic.     

Creating Legal Subjectivity Through Language and the Uses of the Legal Emblem: Children of Law and the Parenthood of the State

This paper constitutes a critical exploration of the functional features underpinning the unconscious of institutional attachment—namely an attachment which is understood in terms of the subject-infant’s love for his institutional parent-power holder, and the indefinite need for a subject to remain within its infantile condition under the parenthood of the State. We venture beyond the Paternal metaphor and move towards the neglected metaphor of the Mother, so focal in the individual process of identification, assumption of language and the permanent attachment to the space of prohibition and Law. A new position in Language is defined. To understand how the psychic space of the infant is artfully subjugated in the making of the Western culture and domination of the Western system of legal interpretation, an enquiry into the legal emblematic history of representations is necessary to map the process through which the subject learns its legal self and relationship with otherness through what Pierre Legendre coined as the Occidental Mirror and the triangular logic of reflexivity. A final enquiry interrogates the way the legal institution places itself in the position of the specular image that captivates the subject-infant within a procreated legal order, a law-giving and law abiding life starting from the laws of the familial structure reinforced by the role of the parents and by analogy, by the State assuming that role in the institutional life of the ad infinitum infant.     

Posttraumatic Stress Disorder’s Traumatic Stressor Criterion: History, Controversy, and Clinical and Legal Implications

This paper discusses posttraumatic stress disorder’s (PTSD) traumatic stressor criterion (Criterion A) in the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV). The history of the stressor criterion is detailed, including how it has changed over time in successive versions of the DSM. We discuss controversy over the stressor criterion, regarding arguments about whether it is too conservative or too liberal. Studies comparing Criterion A and non-Criterion A events in their association with PTSD are discussed, including the finding across studies that non-Criterion A events are just as (or more) likely to result in PTSD. Potential explanations to account for this finding are discussed, including presentation of solutions to Criterion A’s limitations. Finally, legal implications for Criterion A in evaluating individuals presenting with PTSD in civil and criminal cases are discussed.     

Defining event reconstruction of digital crime scenes

Event reconstruction plays a critical role in solving physical crimes by explaining why a piece of physical evidence has certain characteristics. With digital crimes, the current focus has been on the recognition and identification of digital evidence using an object's characteristics, but not on the identification of the events that caused the characteristics. This paper examines digital event reconstruction and proposes a process model and procedure that can be used for a digital crime scene. The model has been designed so that it can apply to physical crime scenes, can support the unique aspects of a digital crime scene, and can be implemented in software to automate part of the process. We also examine the differences between physical event reconstruction and digital event reconstruction.     

An efficient technique for enhancing forensic capabilities of Ext2 file system

As electronic documents become more important and valuable in the modern era, attempts are invariably made to take undue-advantage by tampering with them. Tampering with the modification, access and creation date and time stamps (MAC DTS) of digital documents pose a great threat and proves to be a major handicap in digital forensic investigation. Authentic date and time stamps (ADTS) can provide crucial evidence in linking crime to criminal in cases of Computer Fraud and Cyber Crimes (CFCC) through reliable time lining of digital evidence. But the ease with which the MAC DTS of stored digital documents can be changed raises some serious questions about the integrity and admissibility of digital evidence, potentially leading to rejection of acquired digital evidence in the court of Law. MAC DTS procedures of popular operating systems are inherently flawed and were created only for the sake of convenience and not necessarily keeping in mind the security and digital forensic aspects. This paper explores these issues in the context of the Ext2 file system and also proposes one solution to tackle such issues for the scenario where systems have preinstalled plug-ins in the form of Loadable Kernel Modules, which provide the capability to preserve ADTS.     

An automated timeline reconstruction approach for digital forensic investigations

Existing work on digital forensics timeline generation focuses on extracting times from a disk image into a timeline. Such an approach can produce several million ‘low-level’ events (e.g. a file modification or a Registry key update) for a single disk. This paper proposes a technique that can automatically reconstruct high-level events (e.g. connection of a USB stick) from this set of low-level events. The paper describes a framework that extracts low-level events to a SQLite backing store which is automatically analysed for patterns. The provenance of any high-level events is also preserved, meaning that from a high-level event it is possible to determine the low-level events that caused its inference, and from those, the raw data that caused the low-level event to be initially created can also be viewed. The paper also shows how such high-level events can be visualised using existing tools.     

‘The Sky is Falling!’ – Responses to the ‘Going Dark’ problem

The shared concern expressed in the two quotes below is that modern technologies provide criminals with a capability to evade investigation. This comment piece examines some of the policy and legal options available to governments and law enforcement agencies to try to address this concern. While accepting the claim that this phenomenon represents a real challenge to law enforcement agencies, we currently have insufficient evidence to show the true extent of the problem. What this piece does not accept is the implication contained in the quotes, and often made explicit by others, that the use of encryption represents a fundamental and irreversible shift in the balance of power between criminals and their investigators from what previously prevailed. Such claims tend to lack historical perspective, which is one of the themes of this 200th issue of Computer Law and Security Review.     

When Both Sides are Mistaken: Layperson and Legal Professionals’ Misconceptions of Canadian Suspects’ Legal Rights Upon Arrest

Canadian criminal suspects have notably limited access to legal counsel upon arrest compared to suspects in the U.S. Additionally, prior research has shown significant misunderstanding of police warnings informing suspects of their rights upon arrest. This paper presents three studies on Canadians’ comprehension of criminal suspects’ rights upon arrest, with a focus on the right to counsel. Study 1 (N=80) and Study 2 (N=377) examined Canadian layperson’s comprehension, knowledge, and perceptions of legal rights upon arrest. In turn, Study 3 (N=78) investigated Canadian legal professionals’ perceptions of laypersons’ knowledge of those rights. Results from these three studies indicated there is substantial confusion about the right to counsel for Canadian criminal suspects. These results also support previous research demonstrating problems with comprehension of Canadian police cautions. Taken together, the findings of the present research pose significant concern for an increased risk of false confessions from Canadian suspects who enter an interrogation with limited knowledge and understanding of their legal right to counsel.