How far can Convention 108+ ‘globalise’? Prospects for Asian accessions

The ‘globalisation’ of Council of Europe data protection Convention 108 through non-European accessions has continued steadily, with eight such accessions since the first in 2013. The ‘modernisation’ of the Convention was completed on 10 October 2018 when the amending protocol for the new ‘Convention 108+’ became open for signature. Any new countries from outside Europe wishing to accede will have to accede to both Convention 108 and the amending Protocol (ie to 108+). The standards required of the laws of acceding countries by 108+ are higher than those required by 108, and are arguably mid-way between 108 and those of the European Union's General Data Protection Regulation (GDPR).This article examines to what extent each of the 26 ‘countries’ (separate jurisdictions) in Asia are likely to be able to accede to 108+, if they wish to. As yet, none have acceded to 108. It proposes an efficient way to consider such a question across such a complex set of jurisdictions. Fifteen of the 26 Asian countries already have data privacy laws, and two others have official Bills for such laws. An assessment of the prospects for accession can be done by considering in order the following grounds which may be impediments to accession: Jurisdictions which are not States; States which are not democratic; Laws of inadequate scope; Laws lacking an independent data protection authority; Laws with substantive provisions falling short of 108+ ‘accession standards’; States with proposed Bills only; and States with no relevant laws or proposed Bills.The most difficult step in this procedure is in deciding which of the substantive provisions of 108+ constitute its ‘accession standards’, or elements essential for accession to be invited. Neither the Convention, nor the guidelines issued by its Consultative Committee, shed much light on this question. However, previous practice under Convention 108, show there is some flexibility involved.The article concludes with suggestions as to how such flexibility can be made more transparent, and observations on which Asian countries, in light of the seven step assessment carried out in the article, are the most likely candidates to be able to accede to 108+, in both the short and medium terms.     

Intimate partner violence and immigration laws in Canada: How far have we come?

Immigrant women face numerous, and sometimes insurmountable, barriers in reporting and seeking services for intimate partner violence (IPV). A number of these obstacles relate to immigration laws, policies and legal processes they encounter due to their immigration status and sponsorship relationship. The present study was conducted in Canada, in an urban centre that boasts one of the largest immigrant populations in the world. Using a focus group methodology within a participatory action research framework, this investigation sought to identify factors that facilitate or impede women from coming forward and disclosing IPV, and traced their help-seeking actions. Qualitative data from helping professionals and women reveal that in cases of sponsorship breakdown due to IPV, the criteria required for a viable immigration application are unrealistic, and in many cases impossible to meet in situations of domestic abuse. These data indicate that despite claims to the contrary, laws and policies related to immigration have remained stable for over a decade. Systemic and structural barriers that these create for abused women are still clearly present in immigration laws and policies. The result is that many women stay in abusive relationships, often with their children, for prolonged periods of time accruing serious negative mental health effects. Implications are discussed to help inform policy and practice.     

Harmless error analysis: How do judges respond to confession errors?

In Arizona v. Fulminante (1991), the U.S. Supreme Court opened the door for appellate judges to conduct a harmless error analysis of erroneously admitted, coerced confessions. In this study, 132 judges from three states read a murder case summary, evaluated the defendant's guilt, assessed the voluntariness of his confession, and responded to implicit and explicit measures of harmless error. Results indicated that judges found a high-pressure confession to be coerced and hence improperly admitted into evidence. As in studies with mock jurors, however, the improper confession significantly increased their conviction rate in the absence of other evidence. On the harmless error measures, judges successfully overruled the confession when required to do so, indicating that they are capable of this analysis.     

Removing fuel subsidies: How can international organizations support national policy reforms?

This article investigates how international organizations can support fuel subsidy reform. Departing from earlier studies, we focus on the ability of international organizations to assist national governments directly in the enactment and implementation of national reforms. While international organizations lack the capacity to directly enforce policy or force countries to abolish subsidies, they can increase the cost of reform reversal by governments that have a preference for reform but worry about the credibility and durability of their reforms. Moreover, international organizations can support learning from peers. In practice, governments interested in subsidy reform can announce a public commitment and submit progress reports to peer review by other countries under the auspices of an international organization. We characterize the institutional design of international organizations for success, discuss the role of the civil society in the process, and offer short illustrations from recent efforts by international organizations to promote fuel subsidy reform.     

A review of quality procedures in the UK forensic sciences: What can the field of digital forensics learn?

With a reliance on the various forms of forensic science evidence in complex criminal investigations, the measures for ensuring its quality are facing increasing scrutiny. Improvements to quality management systems, to ensure both the robust application of scientific principles and the accurate interpretation and reporting of results, have arisen as a consequence of high-profile rebuttals of forensic science evidence, combined with process improvements driven by evaluation of current practice. These improvements are crucial to ensure validity of results as well as providing assurance for all those involved in the Criminal Justice System. This work first examines the quality management systems utilised for the examination and analysis of fingerprint, body fluid and DNA evidence. It then proceeds to highlight an apparent lack of comparable quality assurance mechanisms within the field of digital forensics, one of the newest branches of forensic science. Proposals are provided for the improvement of quality assurance for the digital forensics arena, drawing on the experiences of, and more well-established practices within, other forensic disciplines.     

Platform values and democratic elections: How can the law regulate digital disinformation?

This article examines how governments can regulate the values of social media companies that themselves regulate disinformation spread on their own platforms. We use ‘disinformation’ to refer to motivated faking of news. We examine the effects that disinformation initiatives (many based on automated decision-making systems using Artificial Intelligence [AI] to cope with the scale of content being shared) have on freedom of expression, media pluralism and the exercise of democracy, from the wider lens of tackling illegal content online and concerns to request proactive (automated) measures of online intermediaries. We particularly focus on the responses of the member states and institutions of the European Union. In Section 1, we argue that the apparent significance of the threat has led many governments to legislate despite this lack of evidence, with over 40 national laws to combat disinformation chronicled by March 2019. Which types of regulation are proposed, which actors are targeted, and who is making these regulations? Regulating fake news should not fall solely on national governments or supranational bodies like the European Union. Neither should the companies be responsible for regulating themselves. Instead, we favour co-regulation. Co-regulation means that the companies develop – individually or collectively – mechanisms to regulate their own users, which in turn must be approved by democratically legitimate state regulators or legislatures, who also monitor their effectiveness. In Section 2, we explain the current EU use of Codes of Conduct. In Section 3, we then explain the relatively novel idea that social media content regulation, and specifically disinformation, can be dealt with by deploying AI at massive scale. It is necessary to deal with this technological issue in order to explain the wider content of co-regulatory policy options, which we explain and for which we argue in Section 4. In Section 5 we explain what this means for technology regulation generally, and the socio-economic calculus in this policy field.     

How long after writing can an ESDA image be developed?

ESDA has been used for a number of years as a means of developing indented images on paper and is an essential tool for the document examiner. This paper reports on the results of experiments with various aged documents to determine how long after writing images can be developed with ESDA. The results indicate that the latent image from some writing may remain longer than fifty years. The paper also reports an actual case in which images were developed years after the document was executed, thus dating the preparation of key pages.     

Digital behavioral-fingerprint for user attribution in digital forensics: Are we there yet?

the need for a reliable and complementary identifier mechanism in a digital forensic analysis is the focus of this study. Mouse dynamics have been applied in information security studies, particularly, continuous authentication and authorization. However, the method applied in security is void of specific behavioral signature of a user, which inhibits its applicability in digital forensic science. This study investigated the likelihood of the observation of a unique signature from mouse dynamics of a computer user. An initial mouse path model was developed using non-finite automata. Thereafter, a set-theory based adaptive two-stage hash function and a multi-stage rule-based semantic algorithm were developed to observe the feasibility of a unique signature for forensic usage. An experimental process which comprises three existing mouse dynamics datasets were used to evaluate the applicability of the developed mechanism. The result showed a low likelihood of extracting unique behavioral signature which can be used in a user attribution process. Whilst digital forensic readiness mechanism could be a potential approach that can be used to achieve a reliable behavioral biometrics modality, the lack of unique signature presents a limitation. In addition, the result supports the logic that the current state of behavioral biometric modality, particularly mouse dynamics, is not suitable for forensic usage. Hence, the study concluded that whilst mouse dynamics-based behavioral biometrics may be a complementary modality in security studies, more will be required to adopt it as a forensic modality in litigation. Furthermore, the result from this study finds relevance in other human attributional studies such as user identification in recommender systems, e-commerce, and online profiling systems, where the degree of accuracy is not relatively high.     

Assessing problematic research: How can academic researchers help improve the quality of anti-crime program evaluations?

In this essay I examine some of the problems that prompted the National Research Council (NRC) report and consider how academic researchers might help resolve them. Many of the problems were found to be associated with research designed to assess program effects on child victimization and violence against women, areas in which research participation by subjects is particularly burdensome and difficult to obtain. Yet, program evaluations often assume that the process of subject participation is well understood and that outcome measures are reliable and valid across all subjects. A multidisciplinary, comprehensive and systematic review of victimization programs and past research is needed to advance the rigor of future evaluations. However, academics should not insist that all victim service programs warrant program evaluation as a condition of continued public support, because the decision to retain a program inevitably involves more than a scientific estimate of its effect.

Discharge in bankruptcy: a comparative analysis of law and practice between Malaysia,Singapore and the United Kingdom (UK) – What can we learn?

In common law jurisdictions such as Malaysia, United Kingdom and Singapore, bankruptcy law is the legal mechanism in situations where individuals fall into bankruptcy. In the UK, automatic discharge was introduced fifteen years ago. Yet, no equivalent concept of automatic discharge has been introduced in Singapore, while in Malaysia, although a new provision allowing for an automatic discharge of bankrupt was proposed in the new Bankruptcy (Amendment) Bill 2016, it has yet to come into force upon official announcement by the Malaysian authorities. This paper examines and compares the laws and practices of discharge of bankrupts in Malaysia, the UK and Singapore.     

Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.