Government procurement law and hacking technology: The role of public contracting in regulating an invisible market

This article considers the purchasing of hacking technology by governments and the role of government procurement processes in regulating the hacking market and reducing risks to the buyer. While the proliferation of hacking technology for government actors has led to various proposed solutions for accountability, little consideration has been given to public purchasing of this technology. This article explores whether public contracting processes could be used to help minimize the risks that arise from the use of government hacking technology, and, if so, the types of contractual clauses and institutional supports that might be useful to achieve that goal. In exploring this issue, this article considers theories of government by contract and the publicization of the private sector. These theories posit that public contracting can be used as a vehicle to impose public considerations—for example, certain policy goals—on the private sector. It argues that requirements of transparency and accountability that inhere on the public sector could be transferred in part to the private sector through the vehicle of a public contract and explores how public contracts for government hacking technology could be structured in order to reduce risks posed by the use of this technology.     

For the Want of Certainty: Vnuk,Juliana and Andrade and the Obligation to Insure

In 2014, the Court of Justice of the European Union in Damijan Vnuk v Zavarovalnica Triglav extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. According to Fundo de Garantia Automóvel v Juliana, immobilised vehicles stored on private land but which are capable of being driven are subject to compulsory motor vehicle insurance whereas in Andrade v Crédito Agrícola Seguros, insurance is required only where the vehicle is used as a means of transport. Andrade appears overly restrictive and may operate to defeat the protections of the Motor Vehicle Insurance Directives. Clarification is needed, through a seventh MVID or direction from the CJEU, as to the authority of Andrade and the circumstances in which motor vehicles must be insured.     

Computer simulation of the accident with nine victims

In the paper we wish to emphasise the significance of vehicle driving dynamics analysis in the collision phase and occupant load analysis by means of using a software environment. Thereby we also wish to present the results of the simulation of the course of a traffic accident with nine victims that arose from a collision between an Audi A6 passenger car and the VW Caravelle van. In treating the traffic accident the forensic expert was faced with the questions about what caused the injuries to the front passenger in the Audi A6 passenger car, about the way the two vehicles had collided, about their collision velocities, about the way the two vehicles were handled and about the causes that originated the traffic accident. The critical situation on the road was a consequence of the tiredness of the van driver, the inadequate use of the passive safety systems and overloading the van.     

Exploring data protection challenges of automated driving

With the increase in automation of vehicles and the rise of driver monitoring systems in those vehicles, data protection becomes more relevant for the automotive sector. Monitoring systems could contribute to road safety by, for instance, warning the driver if he is dozing off. However, keeping such a close eye on the user of the vehicle has legal implications. Within the European Union, the data gathered through the monitoring system, and the automated vehicle as a whole, will have to be collected and processed in conformity with the General Data Protection Regulation. By means of a use case, the different types of data collected by the automated vehicle, including health data, and the different requirements applicable to the collecting and processing of those types of data are explored. A three-step approach to ensuring data protection in automated vehicles is discussed. In addition, the possibilities to ensure data protection at a European level via the (type-) approval requirements will be explored.     

What the Hack: Reconsidering Responses to Hacking

Like most criminological research, much of the research on hacking has predominantly focused upon the Northern Metropolis. As a result, there is a lack of focus on cybercrime within the Global South, particularly on illegal intrusions into computer systems, more colloquially known as hacking. This article provides a critical overview of hacking in the Global South, highlighting the role of strain in this offending behaviour. In particular, the authors note the role of Australian, American, and Taiwanese immigration policies that act to block offenders’ transitions from illicit hacking to legitimate employment in technological hubs outside of the Global South. To address these blocked opportunities, this article suggests the use of innovative justice paradigms, particularly restorative justice and regulatory self-enforcement, that respond to innovation-based cybercrime while also facilitating offender movement into “white hat” employment, even in cases of technology-facilitated sexual violence.

     

Recovery of DNA and fingermarks following deployment of render-safe tools for vehicle-borne improvised explosive devices (VBIED)

Improvised explosive devices (IED) are responsible for a significant proportion of combat and civilian deaths around the world. Given the ease with which IEDs can be made, the large quantity of explosive which can be contained within or on a vehicle, and the use of VBIED in the past (for example the 2002 Bali bombing) in terrorist activities, VBIED are an ongoing concern for Defence and law enforcement agencies. Fingermark and DNA analyses are routinely used by police and forensic analysts to identify suspects involved in illegal activities. There is limited information available on the feasibility of obtaining fingermarks, fibres, hair and DNA samples following an explosive incident, or a situation whereby an IED has been rendered safe following the utilisation of an appropriate defeat or render-safe tool. The main objective of this study was to determine if fingermarks and/or DNA (from saliva and hair samples) placed on the interior and exterior of road vehicles, and on inanimate objects (such as plastic or glass bottles), are able to be obtained and analysed following the use of a vehicle-borne IED (VBIED) render-safe tool on a vehicle containing simulated explosives. The identification of fingermarks on the exterior (67.2±8.5%) and interior (43.8±17.8%) of the vehicles was possible following the use of the render-safe tool, though this was more challenging in the latter than the former. Fingermarks were also able to be identified from both plastic and glass bottles placed inside the vehicles. Polymerase chain reaction (PCR) techniques yielded DNA profiles that were able to be identified from saliva and hair samples. These preliminary results suggest that both fingermarks and DNA profiles, obtained from vehicles that have been subjected to a VBIED render-safe tool, may be used to identify persons of interest.     

机动车犯罪防控对策——关于机动车强制安装卫星定位系统的思考

随着机动车犯罪案件数量的增多,犯罪手段的智能化、技术化、集团化趋势日益明显,公安机关的传统侦控方式已经不能满足遏制这类犯罪的需要,而追踪机动车的行动轨迹成为侦查此类犯罪的常用程序,故建议在全国机动车上强制安装卫星定位系统,以此来控制机动车犯罪.立法机关应当把“机动车上强制安装卫星定位系统”的建议写入《中华人民共和国道路交通安全法》.这一技术手段的应用可能会触及公民的隐私权,但其社会的公益性远远大于个人的隐私权,而且公民的隐私权也能够得到有效的充分保护.     

Computer says no: technology and accountability in policing traffic stops

The Road Traffic Act 1988 gives police in the United Kingdom the power to seize motor vehicles which they have reasonable grounds for believing are being driven without a valid driver??s licence or motor insurance. Drivers may then have to pay a fee to have their vehicles returned. When exercising this power of seizure, the police may rely on information contained on the Police National Computer (PNC) which is linked to the National Insurance Database (NID). Whilst these databases are undoubtedly invaluable in this endeavour, they are not always accurate, and incidents have occurred whereby motorists who are in fact driving with valid insurance have had their vehicles seized and retained. Focusing on the case of Lisa, whose vehicle was wrongly impounded by Merseyside Police in 2007, and other cases, we explore the legitimacy and legality of such activity. We question both the discretionary power of the police in taking such action, and the validity of their (over) reliance on technology. We posit that the taking of money in cases such as Lisa??s is evidence of the turn within public policing towards marketisation, and consider the capacity for harm to innocent individuals and the implications for justice and fairness. Ultimately, we contend that police accountability is compromised and that a new approach is required. We close the piece with some recommendations for improved police practice.     

交通肇事“二次伤害”的对策研究与立法完善——损失的转移与分散

随着人们生活水平的提高和交通运输业的快速发展,人们的汽车拥有量和低驾龄驾驶人数迅速增加,每年的交通事故数量不断攀升。部分肇事者违背道德、泯灭人性,选择"二次伤害"受害人的现象屡次发生,在他们的潜意识中存在"撞残不如撞死"的错误想法。这种可怕的想法形成的原因与当前我国的交通肇事赔偿制度的不合理有关。因此,必须完善立法,除了通过侵权赔偿的途径外,还必须借助于责任保险和社会救助的途径转移和分散损害赔偿,鼓励肇事者在第一时间积极救治受害人,避免逃逸和"二次伤害"。     

社会风险的容忍边界——闹市飙车肇事案的刑法反应

秩序共同体成员为了追求生活的便利忍受交通工具可能带来的风险,这是效率与安全两种价值之间的协调。个体不恰当地使用交通工具会对秩序共同体构成更大的安全威胁,当这种危险超过必要的限度,刑法就会做出反应。在成熟的法治国家,刑法会以梯度的方式做出反应。当倾向于追求安全时,刑法干预的前置应当是风险社会合适的选择。     

Vehicle remote keyless entry systems and engine immobilisers: Do not believe the insurer that this technology is perfect

In the 1990s, governments put pressure on motor vehicle manufacturers to provide better security for vehicles. Thieves could steal cars and lorries with relative ease. The manufacturers responded by introducing electronic systems to make it more difficult for vehicles to be stolen without the key. However, as with most forms of technology, the software can be bypassed. In recent years, thieves have manipulated weaknesses in the technology, so that vehicles can be stolen without the key.     

Temperature variations in a parked vehicle

There were two reasons why this work was conducted. The first was to help determine the time of death of suicide and homicide victims inside vehicles. The second was to investigate the serious threat to life of children or pets left in stationary vehicles on a hot summers day. This paper demonstrates that when a vehicle is parked in the sun, temperature levels in the cabin of the vehicle can be more than 20°C above the ambient temperature. A simple 'greenhouse' model for predicting the daily internal vehicle temperatures, using readily available local meteorological data, was developed. This statistical model was calibrated using meteorological data and temperature data collected on parked vehicles over several summer seasons. The model uses environmental temperature and radiation data as input, and is shown to predict cabin temperatures to within about 1°C. Both the data collected and the model developed show that the temperature inside the cabin of a black vehicle is typically 5°C higher than that inside a white vehicle on a hot summer day. Also lowering the driver's window of the vehicle by 2.5 cm typically reduces cabin temperatures by about 3°C, which is not sufficient to reduce significantly the safety concerns for children or pets left in parked vehicles.     

Examination of Hacking and Blunt Force Skeletal Trauma

Hacking trauma is prevalent in forensic cases involving genocide and dismemberment, but research into the identification of this type of trauma is lacking. The present study examines characteristics of hacking and blunt force skeletal trauma in order to determine if there is a point at which blunt force trauma becomes distinguishable from hacking trauma. Ten implements with a range of blade angles (i.e., the striking surface of the implement) were used in conjunction with a controlled-force hacking device to impact 100 limb bones of white-tailed deer (Odocoileus virginianus). Observations of the trauma included the occurrence and degree of fragmentation, the entrance widths of the impacts, and composite scores of six hacking characteristics, especially the distinctive V-shaped kerf. ANOVA tests and regression analyses were used to assess the relationships between these characteristics and the blade angles. A significant relationship (p-value = 0.011) was found between the composite hacking scores and the blade angles, indicating that blunt force and hacking trauma can be distinguished. The entrance widths of the impacts exhibited a significant relationship with the blade angles (p-value = 0.037). There was also a significant relationship between the visibility of a V-shaped kerf in the bones (p-value = 0.003), with visibility decreasing around the 60° blade angle. These data should assist in establishing guidelines to differentiate hacking and blunt force skeletal trauma in cases where the implement is on a spectrum between sharp and blunt.     

A 36-year history of fatal road rage in Marion County, Oregon: 1963-1998

This paper documents the 36-year history, with five examples, of fatal road rage in Marion County, Oregon. Relevant details (all that were available) from each case are presented. Alcohol intoxication was present in four of our five cases. We include two deaths by gunshot at close range, two deaths as a result of a motor vehicle traffic accident, and one natural death. All subjects were males. Three were Caucasian and two were Hispanic. The three subjects in Cases 1, 2 and 3 were complete strangers to the occupants of the other involved vehicles. The subjects in Cases 4 and 5 (along with the occupants of their own vehicles) were acquaintances of the occupants of the involved vehicle. There appears to be no previous forensic, medical or psychiatric literature on road rage as such. We present an initial psychiatric evaluation of the perpetrators of this type of fatal assault. There are no specific statutes in Oregon, at the state or county levels, regarding road rage. However, the city of Gresham, Oregon, recently enacted an ordinance regarding road rage. We stress the need for further study of this phenomenon, especially through the use of the psychological-psychiatric autopsy.     

All-terrain vehicles. Dangerous at any speed

A study of fatalities arising from the operation of all-terrain recreational-type vehicles was performed on the case files of the Office of the Medical Examiner of Metropolitan Dade County in Miami, Florida for the 5-year period, 1981-1985. A total of 11 cases were collected and are presented. A discussion examines the risk factors responsible for the fatalities--namely, youthful impetuosity, carelessness, and ethanol use. It is recommended that people in all locales realize the problems associated with such vehicle usage. It is hoped that activists in all countries prevail upon their legislative representatives to enact laws to curtail use of this type of vehicle, and hence save lives.     

Prevalence of organic gunshot residues in police vehicles

The present study investigated the organic gunshot residue (OGSR) background level of police vehicles in Switzerland. Specimens from 64 vehicles belonging to two regional police services were collected and analysed by LC-MS in positive mode. The driver’s and back seats were sampled separately to monitor potential differences between locations and to assess the risks of a suspect being contaminated by OGSR during transportation to a police station.The results showed that most of the 64 vehicles were uncontaminated (44 driver’s seats and 38 back seats respectively). Up to six of the seven targeted compounds were detected in a single sample, once on a driver’s seat and twice on back seats. The contamination frequency generally decreased as the number of compounds detected together increased. The amounts detected were in the low ng range and less than amounts generally detected just after discharge on a shooter. Our data indicated that detecting a combination of four or more compounds on a police vehicle seat appears to be a relatively rare occurrence. The background contamination observed was most probably due to secondary transfer from police officers (e.g. through recent participation in a shooting session or firearm manipulation) or from firearms stored in the vehicles. The present results might be used as a recommendation to minimize contact of a suspect with contaminated surfaces if OGSR is implemented in routine work in parallel to IGSR analysis.     

Why do young people start and continue with ethical hacking? A qualitative study on individual and social aspects in the lives of ethical hackers

Research Summary

This qualitative interview study examined individual and social aspects in the lives of 15 hackers who started with ethical hacking before the age of 18. We examined what motivated and stimulated them to start with ethical hacking and how and why they continued. Results show that individual aspects, such as an early interest in ICT (Information and Communication Technology), the motivation to make systems more secure, and thinking of reporting vulnerabilities as a moral duty, contribute to the initiation of ethical hacking. Social aspects, such as role models, mainly play a role in the further development of the ethical hacking career. For example, peers, parents, friends, and hacker communities have a motivating and stimulating effect on young ethical hackers. Similarly, positive reactions from public and private system owners can further stimulate the development and self-image of ethical hackers.

Policy Implications

In contrast to criminal hackers, ethical hackers improve cybersecurity, for example, by reporting weaknesses or errors in computer systems. Nowadays, an increasing number of public and private organizations around the world are creating cybersecurity policies and practices around ethical hacking. The interest in hacking usually arises at an early age, making it important to gain knowledge about what stimulates and motivates young people to start and continue with ethical hacking, to inform these policies and practices. Our results show that recognition and reactions from system owners are important in the ethical hacking career. Our recommendations based on these results could stimulate more young people to take the ethical path. Simultaneously, this increases the security of public and private organizations, reducing opportunities for criminal hackers.     

Note on fabric marks in motor vehicle collisions

Two cases are described where motor vehicle accidents lead to fabric weave impressions and fibres being transferred to the paintwork of vehicles from the clothes of the victims.     

Merging self-driving cars with the law

Self-driving cars are gradually being introduced in the United States and in several Member States of the European Union. Policymakers will thus have to make important choices regarding the application of the law. One important aspect relates to the question who should be held liable for the damage caused by such vehicles. Arguably, product liability schemes will gain importance considering that the driver's fault as a cause of damage will become less likely with the increase of autonomous systems. The application of existing product liability legislation, however, is not always straightforward. Without a proper and effective liability framework, other legal or policy initiatives concerning technical and safety matters related to self-driving cars might be in vain. The article illustrates this conclusion by analysing the limitation periods for filing a claim included in the European Union Product Liability Directive, which are inherently incompatible with the concept of autonomous vehicles. On a micro-level, we argue that every aspect of the Directive should be carefully considered in the light of the autonomisation of our society. On the macro-level, we believe that ongoing technological evolutions might be the perfect moment to bring the European Union closer to its citizens.     

The Relationship Between Deprivation and Forensic Material Recovered from Stolen Vehicles: Is it Affected by Vehicle Condition and Tidiness?

Previous research has shown that as crime scene location deprivation increases (lower socioeconomic status), the recovery of forensic material, principally DNA and fingerprints, also increases. However, this increase does not result in more crimes being solved by forensic means. In this study, we analyze stolen vehicle data and find a statistically significant positive association between deprivation and the amount of forensic material that matched either the victim or an associate of the victim on a criminal database. The nature of this association was investigated further by inspecting recovered stolen vehicles to establish whether the condition of a stolen vehicle and the tidiness of its interior influenced the recovery of forensic material that was attributed to the victim or an associate. Contradictory results suggest that other factors may contribute to understanding the association between the recovery of victim- or associate-attributable forensic material and crime scene location deprivation.