Music piracy, universities and the Australian Federal Court: Issues for forensic computing specialists

Broucek, Vlasti; Turner, Paul; Frings, Sandra

doi:10.1016/j.clsr.2005.01.014

Cited by 5 publications

(8 citation statements)

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“…More significantly, there is growing proof to suggest that a consequence of this 'riding furiously in all directions' without an awareness of how developments in one area interact with developments in another is actually impairing the overall effectiveness of the responses developed [7,8,9,10,11].…”

Section: Issn 1727-6209 International Scientificmentioning

confidence: 99%

Considerations for E-Forensics: Insights Into Implications of Uncoordinated Technical, Organisational and Legal Responses to Illegal or Inappropriate on-Line Behaviours

Broucek¹,

Turner²

2014

IJC

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The growing incidence of e-crime and computer misuse has increased demand for effective defensive and offensive solutions. Most responses have tended to focus on discrete sets of technical, organisational or legal challenges, but there is increasing recognition of the need for more integrated solutions that balance security, individual privacy and the generation of legally admissible digital evidence. More importantly, there is also proof to indicate that these fragmented approaches are impairing their own effectiveness due to the inter-relatedness of challenges faced. This research paper adopts an e-forensic approach to examine the links between technical, organisational and legal responses to the challenges posed by illegal or inappropriate on-line behaviour. The paper acknowledges some of the numerous challenges that remain unresolved in each approach and argues that future developments must be focused on integrated and balanced solutions that are calibrated to address the dynamic and multi-faceted nature of the forensic computing domain.

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Section: Issn 1727-6209 International Scientificmentioning

confidence: 99%

Considerations for E-Forensics: Insights Into Implications of Uncoordinated Technical, Organisational and Legal Responses to Illegal or Inappropriate on-Line Behaviours

Broucek¹,

Turner²

2014

IJC

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“…Discussion of this model has been widely published and it can be examined in depth through the following papers [4,14,17,27,32,34] and on the CTOSE website (http://www.ctose.org/). In summary, the CTOSE model was developed as a high level tool aimed to assist companies or other individuals/groups to respond correctly during the investigation and analysis of on-line behaviours in order to generate legally admissible evidence.…”

Section: Complex Modelsmentioning

confidence: 99%

“…While some readers may consider these issues merely of academic interest, the next section highlights how this lack of coherence has directly inhibited awareness of the issues/challenges in the community, impaired the development and diffusion of specialised FC skills and, most importantly, impacted directly on the effectiveness of responses to computer misuse and e-crime [12,14].…”

Section: Complex Modelsmentioning

confidence: 99%

“…Significantly however, it is evident that this lack of coherence is of more than purely academic interest and has, directly inhibited awareness of the issues and challenges in the community, impaired the development and diffusion of specialised FC skills and, most importantly, impacted directly on the effectiveness of responses to computer misuse and e-crime [12,14]. Indeed, whilst many FC specialists have advocated the need for more integrated solutions that balance the requirements for network security, individual privacy and legally admissible digital evidence, there remains little evidence of these emerging.…”

Section: Introductionmentioning

confidence: 99%

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Winning the Battles, Losing the War? Rethinking Methodology for Forensic Computing Research

Broucek

Turner

2006

J Comput Virol

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In the last 10 years, Forensic computing (FC) has emerged in response to the challenges of illegal, criminal and other inappropriate on-line behaviours. As awareness of the need for the accurate and legally admissible collection, collation, analysis and presentation of digital data has grown, so has recognition of the challenges this requirement poses for technical, legal and organisational responses to these on-line behaviours. Despite recognition of the multi-dimensional nature of these behaviours and the challenges faced, agreement on coherent frameworks for understanding and responding to these issues, their impacts and their interrelationships appears to remain a long way off. As a consequence, while significant advances have been made within technical, organisational and legal 'solution centred paradigms', the net result appears to be a case of 'winning the battles but losing the war' on computer misuse and e-crime. This paper examines this situation and reflects on its implications for academic researchers' methodological approach to understanding and responding to these challenges. This paper suggests the need to reconceptualise the term 'solution' and advocates an additional methodological step, (that it is anticipated will generate data) for the development of a framework to map the value propositions of, and interrelationships between the individual sets of responses within the dynamically evolving FC landscape. By exposing issues, responses and underlying assumptions it is anticipated that this will improve the possibility of calibrated responses that more effectively and coherently balance the interests for security, privacy and legal admissibility.

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“…The University of Tasmania was directly involved in a case brought against it by Sony Music Entertainment (Australia) concerning copyright piracy on its networks [1][2][3][4]. This case has been extensively analysed [5][6][7]. As part of the responses being developed, many Universities have introduced Internet Management Systems (IMS), similar to the systems used by most Internet Services Providers (ISP).…”

Section: Introductionmentioning

confidence: 99%

Managing university internet access: balancing the need for security, privacy and digital evidence

2010

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The provision of high speed, reliable Internet access and the ability to support secure and flexible on-line systems for research, teaching and administration has become critical to the success of Australian Universities. An exponential growth in Internet traffic has led to ever increasing costs for the provision of these services at a time when most Australian Universities have been experiencing tighter budgetary conditions. Significantly, alongside these financial concerns, Universities have started to recognise the emergence of a range of other issues related directly to the nature of on-line behaviours engaged in by the diversity of users that Universities are now expected to support. These on-line behaviours are challenging Universities to find responses to balancing users' right to privacy and freedom of speech with the need to protect against legal action arising from criminal, illegal or inappropriate behaviours by some users on University networks. As part of the responses being developed, many Universities have introduced Internet Management Systems (IMS), similar to the systems used by many Internet Services Providers (ISPs). This paper presents a case study on the experience of the University of Tasmania (UTAS) in introducing an IMS. The case study covers the period from the initial 'call for proposals' through to the deployment of the new IMS system. The paper highlights that decisions pertaining to the IMS systems have direct implications for balancing the competing rights, interests and requirements of different stakeholders. More specifically the case study highlights the impact of the changing nature of users' relationships with the Internet and the need for vigilance on the part of users, network administrators, service providers and policy makers. The dangers of failing to get the right balance are presented and the paper argues for the importance of user education, change management and communication throughout the University and its broader community of users. The paper also briefly considers how Australia's planned accession to the Council of Europe's Convention on Cybercrime may impact on these issues. More broadly, this paper suggests that additional changes will emerge as IPV6, companies like Google and cloud computing architectures reconfigure individual users relationships with 'their' information and access to the Internet. These developments will continue to transform the meaning of concepts such as ownership and control, privacy and freedom of speech within and beyond on-line environments.

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Music piracy, universities and the Australian Federal Court: Issues for forensic computing specialists

Cited by 5 publications

References 0 publications

Considerations for E-Forensics: Insights Into Implications of Uncoordinated Technical, Organisational and Legal Responses to Illegal or Inappropriate on-Line Behaviours

Considerations for E-Forensics: Insights Into Implications of Uncoordinated Technical, Organisational and Legal Responses to Illegal or Inappropriate on-Line Behaviours

Winning the Battles, Losing the War? Rethinking Methodology for Forensic Computing Research

Managing university internet access: balancing the need for security, privacy and digital evidence

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