The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

COOPERATIVES FOR THE PERFORMING ARTS: A PROSPECTUS

The author describes research that addresses the problem of organizational change associated with the use of new information and communication technologies. The author focuses on the change processes associated with the use of the World Wide Web by cultural heritage organizations: archives, galleries, libraries, and museums. This research note outlines the research problem and the theoretical perspectives and research methodologies to be used in the research.     

The U.S. Congress Responds to Online Communication Needs

Abstract

The U.S. Congress, after a relatively slow start in the 1990s, is now making some progress in meeting the demands of online communications. Fueled by the growing use of e-mail by constituents and the development of online grassroots efforts, Congress has been inundated with e-mail. By using filtering systems, better software and hardware, and, most of all, better management techniques, many offices are now equipped to handle the great increase in electronic mail. While several steps behind the private sector, through fits and starts, Congress is attempting to catch up and meet the rising demand and volume of electronic communication. In some offices, there has been considerable progress in developing effective, interactive Web sites. These exceptional Web sites should serve as models of dynamic online communications, but for most congressional Web sites, there is a long way to go. Much depends on the attitudes and priorities set by lawmakers and their senior Staff.     

It's a Man's World?

Abstract

This study focuses on the role of gender in Internet campaigning. Empirically, the research is expanded beyond the United States by exploring candidate Web campaigning in the 2003 Finnish parliamentary elections. The results of the empirical analysis show that female candidates put up Web sites in a higher degree than their male counterparts. However, gender itself is not a significant factor for being online. Moreover, utilizing a matched-pairs design, the analysis suggests that male and female candidates take advantage of the new communication technology in a similar way and that female candidates do not build a distinct feminine candidate profile online.     

新加坡公共服务模式对我国的启示——基于网络化治理视角的分析

本文以公共行政范式的演变为出发点,提出网络化治理兴起的必然性,并基于网络化治理视角从多元化合作、公共利益导向、政府与民众互信以及相关技术手段等方面对新加坡的公共服务模式进行分析,提出网络化治理视角下新加坡公共服务模式对我国的几点启示。     

“金砖五国”服务贸易竞争力比较分析

本文在综合既有关于国际服务贸易的理论及实证研究成果的基础上,以贸易竞争优势指数(TC指数)和出口比较绩效指数(CEP指数)为分析工具针对1997~2011年"金砖五国"各个服务贸易部门国际竞争力进行了纵向比较分析;再分别对按照生产要素密集度划分的劳动、资本及技术密集型服务的TC指数和CEP指数进行加权综合得到五个国家的综合国际竞争力指数并进行横向比较研究。通过对巴西、俄罗斯、印度、中国和南非贸易数据的分析及比较研究,总结这五个新兴市场国家服务贸易的发展现状、竞争优势及发展趋势。     

Attention to Counter-Attitudinal Messages in a State Election Campaign

Research following the "selective exposure" model has focused on avoidance of political messages with which a person might disagree. But positive attention to such "counter-attitudinal" messages is worthy of study, in part because normative theories of democracy value exposure to information that might disturb citizens' political predispositions. Surveys of youth (N = 417) and parents (N = 430) examine attention to newspaper, television, and Web messages about candidates. While there is somewhat more attention to messages about and for a person's favored political candidate or party, forms of political involvement (knowledge, curiosity, and discussion) that predict this "attitude-consistent" attention also predict counter-attitudinal attention at least as strongly. Parents' education and students' exposure to civics lessons also predict both kinds of attention. These results suggest that attention to counterattitudinal political messages is worthy of further study as an important goal of political socialization and a criterion of citizen performance in democracy.     

A Review of: “The U.S. Catholic Press on Central America: From Cold War Anticommunism to Social Justice,by Edward T. Brett”

In a few short years, the World Wide Web has become a standard part of candidates' campaign tool kits. Virtually all candidates have their own sites, and voters, journalists, and activists visit the sites with increasing frequency. In this article, we study what candidates do on these sites—in terms of the information they present—by exploring one of the most enduring and widely debated campaign strategies: “going negative.” Comparing data from over 700 congressional candidate Web sites, over three election cycles (2002, 2004, and 2006), with television advertising data, we show that candidates go negative with similar likelihoods across these media. We also find that while similar dynamics drive negativity on the Web and in television advertising, there are some notable differences. These differences likely stem, in part, from the truncated sample available with television data (i.e., many candidates do not produce ads). Our results have implications for understanding negative campaigning and for the ways in which scholars can study campaign dynamics.     

How responsible is 'responsive' government?

The work of John Rohr focuses primarily upon the constitutional dimension of the work of public servants, most particularly, but not exclusively, career civil servants employed in central government. In stressing public service ethics as a form of constitutional practice Rohr's aim is to help reinforce the legitimate role of career public servants in government and to remind practising public bureaucrats (and academics and politicians) of the nobility of the 'administrative vocation' of state service, a somewhat daunting task in today's political climate. In this article I examine Rohr's work to see what ethical light it might throw upon recent and ongoing political attempts to make the British public administration more 'responsive'. I do so, first, by outlining the main themes of Rohr's work and their location within the US constitutional tradition. I then proceed to discuss the extent to which they translate into other constitutional contexts. Finally, I attempt to put Rohr's work to use in discussing aspects of civil service reform in Britain under recent Conservative administrations and that of the present New Labour government.