The social network of hackers

Social researchers are facing more and more challenges as criminal networks are expanding in size and moving to the Internet. Many efforts are currently under way to enhance the technical capabilities of researchers working in the field of cybercrimes. Rather than focusing on the technical tools that could enhance research performance, this article focuses on a specific field that has demonstrated its use in the study of criminal networks: social network analysis (SNA). This article evaluates the effectiveness of SNA to enhance the value of information on cybercriminals. This includes both the identification of possible targets for follow-up research as well as the removal of subjects who may be wasting the researchers' time. This article shows that SNA can be useful on two levels. First, SNA provides scientific and objective measures of the structure of networks as well as the position of their key players. Second, fragmentation metrics, which measure the impact of the removal of n nodes in a network, help to determine the amount of resources needed to deal with specific organisations. In this case study, a tactical strike against the network could have had the same destabilising impact as a broader approach. The resources saved by limiting the investigation targets could then be used to monitor the criminal network's reaction to the arrests and to limit its ability to adapt to the post-arrest environment.     

Dynamic Attenuation: Terrorism,Transnational Crime and the Role of the US Army Special Forces

This article analyses the ability of the US Army Special Forces to combat illicit networks (criminal and terrorist) through ‘dynamic attenuation’. It is argued that a process of dynamic attenuation, where network ties and not the actors in the network are targeted, should replace the current US strategy of ‘killing or capturing’ criminal agents threatening US interests. By dynamically attenuating (not destroying) the ties between and among criminal actors and criminal organisations, the US can effectively reduce the capability of criminal organisations to operate and achieve their missions (profit and/or terror). This argument is substantiated by assessing the environments where criminal networks thrive, the characteristics of criminal networks, the utility of targeting networks instead of individual actors, and through a comparison of criminal organisations' and US Army Special Forces' strengths and weaknesses. This article concludes with implications and recommendations for US policy in the fight against criminal organisations.     

Legal aspects of managing Big Data

Big Data is shorthand for the currently rapidly evolving techniques of gathering and analysing for competitive advantage vast unstructured and structured sets of digital data. Big Data is currently at an early stage of development, but many organisations will be embarking on Big Data projects in the next couple of years in order to be in a position to know more about their customers than their competitors. Central to the success of these projects will be four critical factors: (i) understanding the legal framework for Big Data and how it applies to the organisation concerned; (ii) effectively bringing together the organisation's IT and legal functions in the Big Data project; (iii) a clear understanding of the organisation's objectives for its Big Data operations; and (iv) a structured approach to the strategy, policy and process aspects of Big Data governance.     

Bitcoin and the GDPR: Allocating responsibility in distributed networks

This article uses the example of the cryptocurrency Bitcoin and the General Data Protection Regulation (GDPR) to show how distributed networks challenge existing legal mechanisms of allocating responsibility. The Bitcoin network stores personal data by automated means. Furthermore, full nodes qualify as establishments and the network offers a service to citizens in the EU. The data processing within the Bitcoin network therefore falls into the material and territorial scope of the GDPR. To protect data subjects, the GDPR allocates responsibility to the controller, who determines the ‘how’ and the ‘why’ of the data processing. However, the distributed structure of the Bitcoin network blurs the lines between actors who are responsible and actors who are worth protecting. Neither the Bitcoin users running lightweight nodes or full nodes nor the miners determine the ‘how’ and the ‘why’ of the data processing. They carry out their network activities according to the Bitcoin protocol, which can only be adopted and enforced by a collective of full nodes and miners. Members of this collective are joint controllers under Article 26 GDPR, which obliges them to clearly and transparently determine their respective responsibilities for compliance with the GDPR. However, this mechanism fails because of the very structure it aims to eliminate. Therefore, a solution to allocating responsibility for data protection in distributed networks lies outside the GDPR.     

Knowing receipt: continuing trusts and conscionability Byers v Saudi National Bank

In Byers v Saudi National Bank [2022] EWCA Civ 43 the Court of Appeal examined a seemingly straightforward question: where rights are dissipated in breach of trust, is it a necessary condition of the recipient being liable for ‘knowing receipt’ that the dissipation did not extinguish the beneficiary's rights? The answer sheds considerable light on the juridical nature of liability for ‘knowing receipt’. This note argues that the Court of Appeal's analysis correctly supports the theory that so-called ‘recipient’ liability is in fact a species of liability for breach of trust. It also examines the implications of that conclusion for the elements of, and remedies for, ‘knowing receipt’.     

Recruitment patterns,gender, and professional subcultures of the judiciary in Russia

This article explores sources of recruitment of judges and the influence of the social characteristics of judges on professional culture. Using the original survey and interview data from the Russian Federation, the authors identify and explain the changes in recruitment patterns that followed the judicial reform in the early 2000s. The authors look for profession-related differences between judges who had prior experience of work in the prosecutor's office and judges who were recruited from the court's non-judicial technical staff or from police investigation. Other key issues addressed are the bureaucratization and feminization of the judiciary. Using the survey designed to reveal professional values, norms and attitudes of judges, the authors highlight different professional subcultures constituted by certain combinations of social characteristics of judges.     

Informational efficiency,organisational development and the institutional linkages of the provincial people's congresses in China

The Provincial People's Congresses (PPCs), Chinese legislatures at the provincial level, were resumed and their Standing Committees were established in the late 1970s after a decade of political chaos during the Cultural Revolution. In their early development, the survival and maintenance of the PPCs were threatened by the information impactedness, resulting from their structural detachment from both the National People's Congress and ordinary citizens, among many severe challenges. This article probes how, in the last two decades, the PPCs have pursued a network strategy and developed a complex of institutional linkages with other power institutions and societal forces. Taking advantage of these networks, the PPCs have woven their own information networks and dramatically enhanced their ability to collect, process, and disseminate information, both from the central leadership in Beijing, and from deputies and ordinary citizens at the grassroots. They also could have played a new role, ‘information broker’ between both sides. As a result of informational efficiency and rationality maximisation in decision‐making, the PPCs have become more institutionalised and been expanding their power to the extent that they have already been power players with weight in Chinese sub‐national politics.     

浅议互联网金融背景下的非法集资问题

非法集资在互联网金融兴起的背景下呈现进一步多发的态势,且呈现出一些新的特征。监管机关和司法机构对非法集资的管制和处罚也进一步加强,这固然是有利于保护金融消费者的权益,但是过于严苛的管制和认定也与互联网金融大背景下整体放松管制的趋势相矛盾,有可能伤及无辜并遏制互联网金融的创新和活力。为此,通过总结互联网金融领域非法集资的犯罪特征,深入解读最新的司法解释,将有助于完善非法集资的防控体系。     

Criminal constitutions

Why do criminals use constitutions? This article argues that constitutions perform three functions in criminal organisations. First, criminal constitutions promote consensus by creating common knowledge among criminals about what the organisation expects of them and what they can expect of the organisation's other members. Second, criminal constitutions regulate behaviours that are privately beneficially to individual criminals but costly to their organisation as a whole. Third, criminal constitutions generate information about member misconduct and coordinate the enforcement of rules that prohibit such behaviour. By performing these functions, constitutions facilitate criminal cooperation and enhance criminals' profit. To examine our hypothesis we examine the constitutions of two criminal organisations: eighteenth-century Caribbean pirates and the contemporary Californian prison gang, La Nuestra Familia.     

The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia

Against a current trend of investing in the next generation networks (NGNs) by using public funds, the Australian government has initiated a so-called National Broadband Network (NBN) project to invest up to AUD$36 billion tax payer's money on building a national wide fibre broadband network aiming to cover 93 per cent Australian by 2020. As being the most costly infrastructure-building project in Australian history, the NBN project promises to deliver super-fast broadband services, create jobs and promote the country's economy at large. This article will critically analyse the NBN project in Australia and highlight the challenges that are coming alone at this early stage of the deployment, so the Australia's experience of pubic investment in broadband networks can be shared and lessons can be learnt.     

Why the “Haves” Do Not Necessarily Come Out Ahead in Informal Dispute Resolution

This article explores the implications of Galanter's distinction between repeat and one‐off players to informal dispute resolution settings. Relying on quantitative and qualitative data regarding one British “private‐Ombudsman” scheme, the article analyzes the extent to which complaint handlers' decision making advantaged more experienced and better resourced firms and/or high‐status and more assertive complainants. The article's tentative theoretical proposition is that the typically indeterminate nature of informal dispute resolution settings renders them less susceptible to large organizations' and other repeat players' capacity to “play for rules.” Yet, this indeterminacy makes such processes more vulnerable to decision makers' reliance on heuristics.     

GENDER,SOCIAL NETWORKS,AND RESIDENTIAL BURGLARY*

Criminological researchers have devoted substantial attention to the nature and dynamics of residential burglary, but the role played by gender in shaping this offense remains largely unexplored. Feminist ethnographers have documented the fact that streetlife is highly gendered, and that this typically serves to marginalize women's participation in criminal networks and activities. Therefore, it appears likely that residential burglary—a prototypically social offense that requires good network connections—will be strongly influenced by gender dynamics. In this study, we analyze in‐depth, semi‐structured interviews with 18 female and 36 male active residential burglars to examine the ways in which gender structures access to, participation in, and potential desistance from, residential burglary. In doing so, we aim to provide an insider's view of how gender stereotypes are expressed, reinforced, and exploited within streetlife social networks, and how these networks shape the lived experience of men and women engaged in residential burglary.     

The Politics of Jurisprudence Revisited: A Swedish Realist in Historical Context

This article argues that juristic theories must be understood in relation to the historical conditions in which they have emerged. This is not to reduce theories to their context but to gain essential insight into their aims, meaning, and scope with the aid of such “external” reference points. Here I use the ideas of the Swedish legal realist Vilhelm Lundstedt to illustrate these claims, choosing his juristic theory for this purpose specifically because it has been so widely seen (at least by non‐Scandinavian interpreters) as deeply puzzling and “extreme.” The article argues that his central ideas are readily intelligible in historical context. But such a contextual examination of juristic ideas also makes it possible to assess what in them can properly travel beyond immediate context: in other words, what insights about the nature of the jurist's task can legitimately be taken from them for more universal application. Lundstedt's work, despite having been largely ignored or excluded from international juristic debate, has something to offer here if seen through a contextualising lens that sets the possibilities for its broader application in sharp relief.     

The FSA's ‘Treating Customers Fairly’ (TCF) Initiative: What is So Good About It and Why It May Not Work

This article examines the Financial Services Authority FSA's ‘Treating Customers Fairly’ (TCF) initiative as a case study of a regulatory strategy that aims to stimulate the self‐regulatory capacity of the regulated population to advance socially desirable goals – in this particular case, fair treatment for customers. It considers the development and nature of TCF and notes some difficulties that jeopardize its overall effectiveness. Parts one and two of the article consider the development and nature of TCF, while part three examines its appeal. Part four provides an overview of some problematic aspects of the FSA's initiative. The conclusion draws together the main threads of the analysis and considers the future of TCF and, more generally, consumer protection in the United Kingdom's system of financial regulation. The aim is to make a modest contribution to the debate about the proper direction of the present reform of financial regulation.     

(Re-)defining software defined networks under the European electronic communications code

This article assesses some aspects of innovative developments in the deployment of electronic communications networks in the European Union: software defined networks (SDN) and network functional virtualization (NFV). The overall research for this article focuses on the re-regulation of the 2018 European Electronic Communications Code (EECC), and the 2018 Body of European Regulators for Electronic Communications (BEREC) Regulation. It addresses the Commission's desire to promote innovation to compete better on the global communications and technology markets, whilst also mitigating network security risks. After an introduction of the technological aspects, this Article discusses: (i) the innovation that the deployment of SDN and NFV by software suppliers or service providers may bring to, predominantly, mobile electronic communications networks; (ii) the legal status of SDN and NFV, and, possible rights and obligations for the suppliers; and (iii) the allocation of the responsibility and liability for and costs of network and information security where SDN and NFV are deployed in electronic communications networks. The context is the network deployment of 5G frequencies in the period 2020–2022.     

Principles and business processes for responsible AI

The first article in this series examined why the world wants controls over Artificial Intelligence (AI). This second article discusses how an organisation can manage AI responsibly, in order to protect its own interests, but also those of its stakeholders and society as a whole. A limited amount of guidance is provided by ethical analysis. A much more effective approach is to apply adapted forms of the established techniques of risk assessment and risk management. Critically, risk assessment needs to be undertaken not only with the organisation's own interests in focus, but also from the perspectives of other stakeholders. To underpin this new form of business process, a set of Principles for Responsible AI is presented, consolidating proposals put forward by a diverse collection of 30 organisations.     

DELINQUENCY AND THE STRUCTURE OF ADOLESCENT PEER GROUPS*

Gangs and group‐level processes were once central phenomena for criminological theory and research. By the mid‐1970s, however, gang research primarily was displaced by studies of individual behavior using randomized self‐report surveys, a shift that also removed groups from the theoretical foreground. In this project, we return to the group level to test competing theoretical claims about delinquent group structure. We use network‐based clustering methods to identify 897 friendship groups in two ninth‐grade cohorts of 27 Pennsylvania and Iowa schools. We then relate group‐level measures of delinquency and drinking to network measures of group size, friendship reciprocity, transitivity, structural cohesion, stability, average popularity, and network centrality. We find significant negative correlations between group delinquency and all of our network measures, suggesting that delinquent groups are less solidary and less central to school networks than nondelinquent groups. Additional analyses, on the one hand, reveal that these correlations are explained primarily by other group characteristics, such as gender composition and socioeconomic status. Drinking behaviors, on the other hand, show net positive associations with most of the network measures, suggesting that drinking groups have a higher status and are more internally cohesive than nondrinking groups. Our findings shed light on a long‐standing criminological debate by suggesting that any structural differences between delinquent and nondelinquent groups are likely attributable to other characteristics coincidental with delinquency. In contrast, drinking groups seem to provide peer contexts of greater social capital and cohesion.     

The social context of violent victimization: A study of the delinquent peer effect

Haynie's (2001) work on the structural dimensions of peer networks demonstrated how the characteristics of networks may influence individual delinquent behavior. This study extends the network approach to the prediction of violent victimization. The National Longitudinal Survey of Adolescent Health (Add Health) is used to examine how the friendship-network characteristics of centrality, density, and popularity affect vulnerability. The findings indicate that central and popular members of dense conventional groups experienced lower levels of violent victimization, while the opposite was true of similarly situated members of delinquent networks. Implications for victimization and research related to the specification of how delinquent peer associations promote vulnerability are discussed.     

RACE,FRIENDSHIP NETWORKS,AND VIOLENT DELINQUENCY

Although a growing body of literature emphasizes the role of friendship networks and peer relations for youth involvement in violence and delinquency, little research has examined the role of friendship networks in understanding the varying involvement of different racial‐ethnic groups in violence. Using data from approximately 13,000 respondents to the first two waves of the National Longitudinal Study of Adolescent Health (Add Health), we explore the ability of friendship networks to account for the differential rates of violence among racial‐ethnic groups. In addition, we evaluate whether race moderates the degree to which friendship characteristics predict adolescent violence. Findings indicate significant differences in the structure and behavioral orientation of friendship networks across racial‐ethnic identities. Moreover, incorporating characteristics of friendship networks into multivariate analyses accounts for greater involvement in violence among black and Hispanic youths. Network racial heterogeneity and friends' popularity also emerge as particular network characteristics that operate differently for black and white youth.