‘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.     

From ugly duckling to Swan. The rise of data protection and its limits

This article considers the development of data protection laws from a position on the periphery of legal consciousness to the situation where it is the subject of intensive legal and media publicity. Focusing on the recent controversies surrounding the use of Facebook apps for political purposes, the article will consider the role and limitations of data and privacy protection laws. The question will be posed – if not answered – whether national or regional laws can be effective in what increasingly is a global information society.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

An examination of the experience of cryptocurrency use in Russia. In search of better practice

This study concerns the use of crypto-currency with specific reference to the situation in Russia. A variety of such systems exist; Bitcoin, however, is perhaps the best-known example and will be used as synonymous with the concept throughout this article. Our findings not only show how the views of Russian government bodies are formed and developed, but also sheds light on the specific innovative methods which legal entities use for development of the economy. Consideration will be given to recent developments within Russia which has been more active than many countries in seeking to clarify the status of Bitcoin and providing for the regulation of the technology.     

Knowledge Management and Open Innovation in United Kingdom Local Authorities

The article examines the performance of UK local authorities in relation to knowledge management and open innovation. Data were acquired using a mail survey of non-metropolitan local authorities in England and Wales. The results indicate that certain factors influence the effectiveness of the knowledge management process. Authorities engaged in open innovation have developed more effective knowledge management processes. Hence, of instead of implementing a strategy solely based upon cutting services and reducing staffing levels, local authorities seeking to survive in the face of government spending cuts might also consider the benefit from optimizing the effectiveness of their knowledge management processes and participation in open innovation.     

Social anxiety and sexual offending against children: A cumulative meta-analysis

Abstract

We examined the extent to which sexual offenders against children (SOC) differ from men who do not offend against children (non-SOC) on social anxiety. In study 1, 30 SOC and 31 non-sex offenders (NSO) were compared on a self-report measure of social anxiety (Social Avoidance and Distress Scale; SADS). SOC and NSO had virtually identical levels of social anxiety. In study 2, we conducted a meta-analysis of existing comparisons of SOC with various non-SOC groups on the SADS. SOC were generally more socially anxious than non-SOC. These findings suggest that the average SOC is more socially anxious than the average male who does not sexually offend against children. It remains unclear, however, whether social anxiety plays a causal role in the initiation of child sexual abuse.     

Sexual recidivism: A review of static,dynamic and actuarial predictors

The need for accurate risk assessment of sexual offence recidivism has never been greater. It is widely accepted that actuarial risk instruments outperform clinical judgement and the literature has recently witnessed a surge of empirically derived actuarial measures. However, in spite of the increased levels of predictive accuracy, actuarial measures have been criticized as being unrepresentative, lacking specificity, and being heavily reliant on static risk factors without taking into account dynamic risk, psychological emotional states and treatment effects. Rather than offering a critique of the actuarial movement, this paper offers a summary of static and dynamic risk factors associated with sexual offence recidivism as identified from the literature. Implications of incorporating dynamic factors into risk assessments and actuarial measures are discussed.     

Legislative recruitment to upper houses: The Australian senate and house of representatives compared

Although a majority of liberal democracies are bicameral, only four – Australia, the United States, Germany and Switzerland – have upper houses which have any significant legislative authority. However, it is unclear to what extent upper house members differ – in their backgrounds and beliefs – from their lower house counterparts. This article applies multivariate methods to survey data collected among 1993 Australian federal election candidates to examine patterns of legislative recruitment and political attitudes among Australian Senate and House of Representatives candidates. The results show that Senate candidates differ significantly in their personal : and political backgrounds when compared to House of Representatives candidates, although there are few, if any, differences in political views. The findings confirm the strong discipline that the major parties exercise over the Senate, particularly by selecting candidates who are more party – oriented than their lower house counterparts. This is anomalous given that the original purpose of the upper house was to defend the interests of the smaller states and territories. Finally, the article discusses the implications of this increasing partisan control of upper houses for responsible party government.     

Australian opinion on international trade and the security link with the United States

In recent years, the Australian government has shifted the focus of its foreign economic and trade policies away from traditional practices and partners and onto Asia while simultaneously maintaining close diplomatic and defence ties with Washington. Using the results of the 1993 Australian Election Study survey, this note examines the place of public opinion in this continuing exercise. We find that although there is public support for increased trade with Asia, strong protectionist and pro‐alliance sentiments remain strong within the populace at large. These prevailing sentiments and their, albeit at this stage limited, interconnections could serve to complicate any push towards greater trade ties with its Asian neighbours.