An analysis of DRM from a consumer protection perspective

The use of digital rights management (DRM) software by mediacompanies is controversial. In recent months, Steve Job at AppleComputers has challenged music companies to stop using the technologybecause, he says, it is stifling the development of online musicsales. Others are more cynical, claiming that his comments aremerely part of a negotiating ploy with EMI, whose music fileshe is hoping to     

Electronic signatures and security issues: An empirical study

Security concerns with regard to the use of electronic signatures in the electronic environment seem to represent a potential barrier to their usage. This paper presents an empirical study that examines businesses' perceived security concerns with the use of the electronic signature technology for executing contracts and commercial transactions and whether such issues represent a disincentive for their usage. The findings of the study reveal that there are significant security concerns in the business community with regard to the use of electronic signatures. However, such perceptions seem to be primarily driven by a lack of awareness and understanding. Advising prospective users of electronic signatures about the kind of safeguards that could be put in place to minimise risks associated with their usage can be a useful step towards overcoming their fears and hesitance.     

An empirical assessment of content in criminal psychological profiles

Although criminal psychological profiling has been in use by law enforcement agencies for almost three decades, there is a paucity of empirical research examining the technique. A fundamental issue that has received little attention is the empirical evaluation of information contained in profiles composed by professional profilers. In this study, a group of profilers, police officers, psychologists, college students, and self-declared psychics were given information from a solved murder investigation, after which the participants composed a written profile predicting the probable offender. Professional profilers tended to write more lengthy profiles that contained more information about the nonphysical attributes of the offender and more information about the crime scene or the offender's behavior before, during, and after the crime. These results are discussed in terms of their implication for our broader understanding of the technique of profiling and future directions for research into profiling.     

White-collar criminals in Norway: An empirical study

This article addresses the following research question: What characteristics concerning white-collar criminals can be found based on newspaper articles in Norway? This research is important, as studies of white-collar criminals so far have focused on case studies rather than statistical analysis of a larger sample. Based on articles in Norwegian financial newspapers in 2010/2011, a total of 49 white-collar criminals convicted to jail sentence were identified. The average age of the convicted persons was 51 years. 47 out of 49 criminals were men. The average sentence was 3 years imprisonment. The average sum of money involved in the financial crime was 185 million Norwegian kroner (30 million US dollars).     

Constitutional overperformance: an empirical study of de facto protection of rights with no de jure equivalents

European Journal of Law and Economics - In this paper we aim to contribute to the debate on successful enforcement of constitutional rules and its determinants by extending the focus to the...     

An empirical study of tissue banking in Australia: navigating regulatory and ethical challenges

Collections of tumour samples can be an invaluable resource for medical research. There are, however, numerous ethical and legal challenges associated with tumour banking. While there has been extensive discussion of these issues in the legal and ethical literature, there are few available empirical data in relation to the activities of tumour banks in Australia, their practices around ethically charged issues, and their success in implementing complex regulatory guidelines. The aim of this study was to gain more information about the activities of tumour banks in New South Wales, Australia, with a particular focus on their management of, and attitudes towards, ethical and regulatory issues. A survey of 27 tumour collection and research facilities was conducted using a 55-item questionnaire. There is significant heterogeneity of research methodologies as well as of methods for gaining consent and ensuring donor privacy, and there is general concern among the research community about ethical and regulatory issues related to tumour banking. Heterogeneity of practice and uncertainty about ethical and regulatory requirements is problematic in its potential to hinder research and its potential to generate the space for unethical practice, whether intentional or unintentional. There is a pressing need to address these issues so that tumour banks can be used in the most ethical and efficient way possible.     

Smart meters and the information panopticon: beyond the rhetoric of compliance

The Smart Meter Implementation Programme is the Government's flagship energy policy. In its search for solutions to address privacy dilemmas raised by smart meters, the Government has been content with using data protection principles as a policy framework to regulate the processing of consumers' personal information. This is worrying since the question of who has access to what type of information and how it is used cannot simply be regarded as raising information security, authenticity and integrity issues. If we are to go beyond the rhetoric of protecting the privacy rights of energy consumers we must scrutinise the context in which legitimate interests and reasonable expectations of privacy subsist. To remedy this apparent policy oversight, the paper undertakes two tasks: first, to clarify the content and application of data protection and privacy rights to smart meters; and second, it outlines a policy framework that will address the lack of specificity on how best innovation and privacy issues can be better calibrated. More importantly, it calls for targeted substantive reforms, development of accessible privacy policies and information management practices that promote transparency and accountability and deployment of technological solutions that will help reduce emerging fault lines between innovation and privacy in this sphere of energy policymaking.     

The unintended consequence of doorstep consumer protection: surprise,reciprocation, and consistency

Cooling-off periods are universally employed in doorstep selling regimes. Paired with a right for consumers to withdraw from the contract, this legal instrument seeks to protect consumers against superior skilled and knowledgeable sellers thus restoring the balance of interests. According to prior literature, cooling-off periods also serve an economic function by moderating the abuse of market power, by mitigating problems of hidden characteristics, and by promoting consumer choice. If their drawbacks—mainly the creation of consumer moral hazard and shifting of risk to the seller—can be contained, cooling-off periods are hence supposed to yield efficiency gains. By thinking out of this box, the present paper showcases that cooling-off periods also establish the perverse incentive for the seller to increase consumer compliance to a level which outlasts the cooling-off period. I argue that inevitably occurring psychological factors and transaction costs from the cooling-off regime amplify each other, thus creating a hard-lock status-quo bias. Based on behavioural insights and transaction cost theory, I predict that an inefficiently high number of consumers will enter into a doorstep contract and that, at the same time, the number of cancelled contracts will be inefficiently low. Consequently, I propose to change the default inherent in current cooling-off regimes from presumed consent to presumed withdrawal in order to debias consumers’ withdrawal decision.     

Relationship between reported crime rates and victimization survey results: An empirical and analytical study

Changes over time in crime as measured by reported crime counts and victimization survey counts are compared. A simple analysis is done using data from the Law Enforcement Assistance Administration's (LEAA) National Crime Survey for the years 1973, 1974, and 1975. These data are used to provide some understanding of why Uniform Crime Reports (UCR) results for these years show a much greater increase in crime than the LEAA/Census Bureau National Crime Surveys. A mathematical model is constructed to determine whether changes in the proportion of victimization reported to the authorities produces systematic bias in reported crime estimates of changes in actual victimizations. It is found that reported crime counts: (1) either exaggerate the amount of changes in victimizations or, (2) tend to misrepresent the direction of change in victimizations. It is highly likely that the amount of measurement error in changes in reported crime is significantly large in comparison with, if not larger than, the normal amounts of change in reported crime.     

The rank,stock, order and epidemic effects of technology adoption: an empirical study of bounce protection programs

Karshenas and Stoneman (RAND J Econ 24(4):503–528, 1993) gathered four theories of technology adoption: the rank, stock, order and epidemic effects. Tests of these four effects reveal support for rank and epidemic but not the stock or order effects. Since then numerous other studies have tried to find evidence in support of the stock and order effects. But evidence has been elusive, until now. Further, a survey by Frame and White (J Econ Lit 42:116–144, 2004) concludes that much more work is needed into financial innovation. This paper accomplishes three goals: (1) evidence is found to support certain technology adoption theories (the order effects and possibly the stock effects), (2) since the technology under consideration is a financial innovation called bounce protection, the paper answers Frame and White’s call for papers, and (3) refinements are made to the Karshenas and Stoneman methodology and found to be superior to the original empirical model.

UK further education sector journey to compliance with the general data protection regulation and the data protection act 2018

The Further Education sector provides training and qualifications to 2.2million young people and adults annually and in the process collect a wealth of data which must be properly managed to ensure it is processed in a fair and transparent manner, maintaining compliance with good information governance and data protection legislation. This article shares the findings of a study which explored the content of General Data Protection Regulation action plans, first hand accounts from data practitioners and the views of students as provides embraced the new legislation.The article demonstrates how a sector which fills the void between schools and universities is unique in the challenges they face when ensuring compliance with data protection laws. These challenges include the application of legislation, noting key differences between the nations of the United Kingdom, and the moral duties placed upon the provider by parents who expect open dialogue with the education provider, consistent as happened with lower levels of education. This must be balanced with the student's right to data privacy and control over who can access their educational records .     

The consumer racial profiling experiences of Black students at historically Black colleges and universities: An exploratory study

This article examines consumer racial profiling among Black students at historically Black colleges and universities (HBCUs). Consumer Racial Profiling (CRP) is when store employees target a shopper or shoppers for discriminatory treatment based on their race or ethnicity. The research revealed that students have been exposed to a variety of CRP practices (e.g., being followed around, etc.). Even though they have been victims of CRP, many of the students did not report doing anything about it. Multivariate analyses were conducted to determine the most significant predictors of both having reported being a victim of CRP and also reporting the incident. The article concludes arguing that victims of CRP must report the incidents—if they are to be minimized, or in the best-case scenario, eliminated. In addition, the authors argue that criminologists should pay more attention to both CRP and the experiences and views of students at HBCUs.     

Online penny auctions and the protection of the consumer under EU law

This paper examines online penny auctions, which currently attract consumer traffic but pose consumer risks also. It discusses pressing questions such as whether they are scams, entertainment shopping or gambling. It shows that though they cannot readily be considered as scams, they are suspiciously risky for consumers. Moreover, contrary to what penny auctioneers suggest, they do not allow for consumer shopping. They also share several characteristics with gambling and therefore, the possibility of legally classifying them as such is worth exploring. If they are not gambling, consumer protection legislation is fully applicable to them and can satisfactorily protect penny consumers. If penny auctions are legally classified as gambling however, protection will greatly be enhanced; they will (additionally) be subjected to strict and detailed gambling laws at least in the UK, where a mature gambling regulatory regime exists. Certain disadvantages of labeling penny auctions as gambling can relatively easily be remedied through suitably adjusting gambling laws. The paper concludes by suggesting possible approaches of legal regulation of this new online phenomenon.     

我国刑事非法证据排除规则司法实践实证研究-以W市刑事审判实务为视角

在我国立法层面逐步建立非法证据排除制度的背景下,非法证据排除制度能否发挥预期的效果仍取决于在司法实务中的贯彻落实情况。通过分析W市法院近三年启动非法证据排除程序的实际情况,我们发现实务中仍存在对非法证据的范围认识不统一、刑讯逼供、疲劳审讯等非法方法的界定不明确、重复自白是否可采具有争议、程序性情况说明尚普遍存在等问题。在司法实务中正确贯彻落实非法证据排除规则,实现对非法取证行为的一般预防功能,首先需要转变重实体轻程序的传统观念,树立实体正义与程序正义并重的新观念,同时要着眼于我国刑事诉讼的现状,避免非法证据排除泛化。在具体操作上,要严格落实证明责任倒置原则,对控辩双方在非法证据排除程序中实行不同层次的证明标准,辩方提供的线索或材料只需达到“存在非法取证的可能性”这样较低程度的证明标准即可,控方的举证则需达到“排除合理怀疑”这样较高程度的证明标准。对于有辩护人的案件,尽量保证在庭前会议中最大可能地解决非法证据排除问题,避免不具备准入资格的非法证据进入庭审,在法官主持下,控辩双方在庭前会议中达成的协议应当具有约束力。     

Dangers of police professionalization: An empirical analysis

This study examines relationships between professionalization (measured by the amount of college education and police training) and police officer attitudes. Using data from a survey of 712 police officers in twenty-nine departments in the St. Louis area, the analysis focuses on propositions derived from scholars who have identified harmful effects they expect to flow from the reform. Although the limited operational definition of the key variables and other factors noted in the study require caution in interpreting the findings, little evidence in support of the expected “dangers” is found. This result, in combination with other studies that have failed to find support for the case made for raising the educational level of police, suggests the need to reassess expectations about the impact of college education in policing.     

The quality of written expert testimony in alleged child sexual abuse: An empirical study

Abstract

The purpose of this study was to empirically evaluate written expert testimonies in cases of suspected child sexual abuse in Sweden. A total of 121 expert testimonies were rated with an instrument developed for the study, the SQX-12 (Gumpert et al., 2001) which is a 12-item checklist aimed to reflect consensus-established concepts of quality. Reports from different professional groups were compared, as were reports produced before and after the 1991 publication of national guidelines. The results suggested that the reports produced by professionals using statement analysis generally were of higher quality than reports written by professionals from child- and adolescent psychiatry. There was a slight increase in report quality, as measured by the SQX total score, over the studied years. However, it is concluded that the overall quality of written expert testimony on child credibility still does not reach the recommended level in Sweden.