Insider Cyber-threats: Problems and Perspectives

In many jurisdictions, the issues concerning computer misuse have, in the main, tended to concentrate upon the increasing threats from outside the organization, whilst largely ignoring the threats posed to the organization by the insider. This research note will focus on the broader issue of the threats, and the dilemma posed, to the organization by insiders as well as the legal challenges that insiders present to the courts. It will review how the courts have tended to protect computer owners or employer organizations against the insiders, despite their own misconception over what constitutes unauthorized access, as envisaged by the Computer Misuse Act 1990. This focus upon the insider threat is particularly useful in understanding how the interpretation of computer misuse within organizations can be mediated through the notion of opportunity. On the one hand, the electronic office provides insiders with ample opportunities to threaten their employer organizations. Yet on the other hand, the availability of technology in the work environment suggests that increasingly surveillance and control of employees are no longer a distant possibility.     

LAW AND THE BEHAVIORAL SCIENCES: IS THERE ANY THERE THERE?

Despite tremendous growth in the field, there have been many challenges to law and the behavioral sciences. The most colorful expression is Abel's charge that "questions and answers have begun to sound a comfortable, but rather boring 'clackity-clack.'" On one hand, the achievements of the field cannot be ignored by those who want to think about law seriously. On the other hand, all approaches to the field are flawed and are likely to remain that way. Help in solving the problems of the field might come from a thorough interdisciplinary approach, calling on the contributions of all social sciences while recognizing the limitations of each; knowledge of a minimum amount of law and legal method, but with full awareness of how legal thought may distort definitions of problems; and knowledge of the questions posed by broader social theories in light of an empirical refining of their large explanations.     

Access and allocation in food governance,a decadal view 2008–2018

Achieving food security worldwide raises a number of issues with regard to the distribution of global resources. On the one hand, access to resources and ecospace is essential for individuals in order to survive; on the other hand, the allocation of the earth’s resources as well as risks and responsibilities are relevant for the global community. Yet, elements of access and allocation are various and complex, encompassing social, environmental, and economic dimensions in an increasingly fragmented global governance structure. Drawing on the multidisciplinary governance framework on access and allocation by Gupta and Lebel, this paper provides a synoptical review of the literature on food security of the past decade from the perspective of the earth system governance scholarship. This article addresses the question: what have we learnt about access and allocation issues in the area of food governance and its implications for food security? In addressing this question, this review examines how institutions, norms and power affect access to and allocation of resources. The paper draws out key trends and lessons from the literature to conclude that research needs to be sensitive to the complexity and intersectionality of food, the systemic challenges that it poses, and the broader political economy around it.

     

Do Market Participants Learn? The Case of the Budapest Stock Exchange

In the paper we consider one of the faster growing Central European emerging markets: the Budapest Stock Exchange (BSE), in order to see whether the market becomes more weak-form efficient over time. The Hungarian exchange is selected because it is the oldest stock exchange operating in the region and, in 1995, it was the first Central European exchange admitted by the London Stock Exchange as a properly regulated stock exchange. As an econometric tool for comparative analysis, we use a Test for Evolving Efficiency (TEE). In a comparison of nine stocks and the market index (BUX) we found that the BSE becomes more mature but the process is surprisingly slow.     

Networks as strategic repertoires: Functional differentiation among Al-Shabaab terror cells

This article explains variation across the characteristics and structure of Al-Shabaab (AS) networks as a function of strategic repertoires. From a comparison of domestic and transnational AS recruitment and fundraising networks in the United States, the article generates hypotheses about the characteristics and structure of networks and how traits such as brokers, centrality characteristics of nodes, international linkages and use of funds are related to a network's purpose. The implications of these observations are twofold: The nature of a terror organisation's network is indicative of the organisation's strategy; conversely, the organisation's strategy will affect the nature of the network. On the one hand, knowing the function of the network makes it possible to counter it by detecting and debilitating the nodes. On the other hand, knowing the structure of a network makes it possible to surmise its purpose. The article concludes that, from a network perspective, terrorist recruitment and fundraising are distinct problems that require differentiated law-enforcement and security-intelligence approaches.     

Privacy,anonymity and liability: Will anonymous communicators have the last laugh?

In this paper, the author sets out the way in which the UK approach to privacy protection is able to extend its reach to anonymous postings. Whilst anonymity might sometimes be seen as one of the essential characteristics of communicating on-line, it does not provide an impenetrable veil of protection in respect of a privacy violation claim. Instead, there are avenues available to identify anonymous communicators, which have implications both for internet freedom and jurisdiction in cyberspace. In the UK, our common law has not denied bloggers, or other on-line contributors, anonymity per se. However, it will be argued that recent UK judgments represent a warning to anonymous communicators that they can be held liable for what they post on-line and that naivety is no defence at law. Whilst on-line platforms allow people to effectively become journalists; to become publishers, as familiar users, they should become more aware of the consequences of their on-line postings and appreciate that they will not be able to escape from the application of third party disclosure orders. However, as these are not without their problems, it is possible that anonymous communicators may have the last laugh.     

THE RELEVANCE OF PEACE TO STUDIES OF DRUG MARKET VIOLENCE*

Goldstein's (1985) concept of systemic violence has contributed substantially to criminological thought and research, but its power can be enhanced by connecting it to a broader typology of social life: the resource exchange—social control typology. That typology connects systemic violence logically with two important yet neglected forms of drug market behavior: peaceful resource exchange and peaceful social control. This article, which is based on 50 in‐depth interviews with individuals involved actively or recently in drug selling, describes the various forms of violent and nonviolent resource exchange and social control in illicit drug markets, stating them in quantitative terms that are conceptually distinct and empirically observable. We conclude by discussing 1) the implications of peaceful behavior for a fuller understanding of violence and 2) the relevance of the resource exchange‐social control typology to criminological theory and research.     

Public security versus privacy in technology law: A balancing act?

Technology invades a person's privacy but this has been justified in law on public security grounds. The more technology advances, the more difficult it is to control its privacy intrusive use. This paper argues that there are a number of difficulties posed by such use concerning the respect of one's privacy. The meaning of ‘public security’ is not entirely clear and there are various laws which authorise the invasion of privacy for public security reasons. Technology is developing at such a fast pace and in a more diffused manner without taking on board its privacy implications whilst technological privacy enhancement mechanisms are not catching up. The law of privacy is not sufficiently elaborate and is slow in coming to terms to deal with these novel situations posed by rapid technological advances. The paper thus develops universally legally binding minimum core principles that could be applied indiscriminately to all privacy intrusive technology.     

Human Rights – Human Bodies? Some Reflections on Corporate Human Rights Distortion,The Legal Subject, Embodiment and Human Rights Theory

This paper responds to the subversion of international human rights discourse by corporations. It begins by placing such subversion in three contexts: the ascendance of human rights as the dominant discourse of contemporary moral and political life; the emerging challenges to human rights posed by other-than-natural-human entities; and ambiguity in the relationship between the legal subject and the human being. The author suggests that in order to resist corporate human rights distortion it is important to reclaim the language of the human for the natural human being, despite complex philosophical and definitional challenges attending the designation of the term ‘human.’ The author suggests that by re-attending to the implications of human embodiment for human rights theory it might be possible to re-invigorate the protective potential of human rights for vulnerable human beings and communities against powerful disembodied legal persons (corporations).     

Contract Law as Fairness

This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is particularly interesting because it is instructive for both contract law and Rawlsian theory. On the one hand, justice as fairness has clear normative implications for the institution of contract law. On the other hand, this discussion forces us to critically assess the meaning and appeal of the concept of a basic structure in justice as fairness.     

Digital Realism and the Governance of Spam as Cybercrime

Spamming is a major threat to the formation of public trust in the Internet and discourages broader civil participation in the emerging information society. To the individual, spams are usually little more than a nuisance, but collectively they expose Internet users to a panoply of new risks while threatening the communications and commercial infrastructure. Spamming also raises important questions of criminological interest. On the one hand it is an example of a pure cybercrime – a harmful behaviour mediated by the Internet that is the subject of criminal law, while on the other hand, it is a behaviour that has in practice been most effectively contained technologically by the manipulation of ‘code’ – but at what cost? Because there is not an agreed meaning as to what constitutes ‘online order’ that renders it simply and uncritically reducible to a set of formulae and algorithms that can be subsequently imposed (surreptitiously) by technological processes. The imposition of order online, as it is offline, needs to be subject to critical discussion and also checks and balances that have their origins in the authority of law. This article deconstructs and analyses spamming behaviour, before exploring the boundaries between law and code (technology) as governance in order to inform and stimulate the debate over the embedding of cybercrime prevention policy within the code itself.     

继受与变通:中日法律文化交流考察

中日法律文化交流是典型的双向法律文化流动,蕴含着法律文化交流中从特殊到一般的诸多理论问题。其中一个显而易见的特征和现象是,法律文化的交流不是一般植物学和医学意义上的移植,而是一种相互的吸纳,是继受与变通的给合。这启发我们:人类的法律文化不仅可以而且应该交流;现代化进程中的中国法制将依然是继受与变通的展开。     

Tilting at Windmills: the Defamation Act 2013

In April 2013, the Defamation Act was passed, the culmination of a four‐year political campaign. The legislation is intended to ameliorate the ‘chilling effect’ of libel law on scientists, online commentators, NGOs, and others. This paper considers the main changes wrought: reform of the main common law defences, changes relevant to scientific discourse and online speech, and revisions that will impact on process. It identifies areas where there will be problems of interpretation for courts, and suggests that the Act will fail to provide clarity for publishers keen to assess the legality of their actions. The paper also contends that more attention should have been paid to remedies (in particular, the desirability of discursive remedies such as the right of reply). The question is posed whether the Act addresses the core problem with libel law: the juridification and over‐complication of public sphere disputes, and the attendant cost of embroilment in legal proceedings.     

Fixing the emissions trading scheme: Carbon price stability in the EU and China

This paper critically questions the legal and economic foundation of price regulation in environmental markets, with a focus on the European Union (EU) and Chinese Emissions Trading Schemes (ETSs). In 2018, the EU adopted a structural reform of its own ETS with the objective of increasing and stabilising carbon prices. This reform raises fundamental questions concerning the free market nature of the ETS and its function as a driver of low‐carbon investments. On the one hand, regulatory adjustments are necessary to address the large surplus of allowances that can result from exogenous shocks (e.g. economic downturn). On the other hand, the risk of regulatory intervention in the market undermines investor certainty. In China, limited regulatory independence and more stringent government control over the market exacerbates the threat posed by price control measures to the integrity of China's ETS and its role as a driver of investments in environmental protection.     

从社会变迁角度看证券犯罪

证券市场固有的某些消极功能、现代化进程中的负面因素和观念与文化方面的不良影响等均对证券市场中的违法犯罪现象起到了不同程度的催生与助长作用。因此,防范和控制证券犯罪不仅是一个法律问题,要从更广阔的社会视觉加以思考。     

Testing the Information Structure of Eastern European Markets: The Warsaw Stock Exchange

This paper investigates the content of the information set used by the agents in the Warsaw Stock Exchange - WSE. Three “candidate variables” are examined — consumers’ prices, the zloty/US$ exchange rate and the refinancing rate of the National Bank of Poland — with respect to three WSE stocks, from different sectors of the economy. The methodology employed supposes that the innovations in the price series are orthogonal to all variables within or outside the information set. Beyond the question of how to specify the agents expectations, the WSE trading rules and the high volatility period present in all monthly price series were additional problems to render it operational. Given the solutions adopted, in only three out of the nine cases tested, it was possible to reject the null that the candidate did not belong to the information set. This is a signal that macroeconomic fundamentals are still absent from the WSE.     

国际税收透明度同行评议及中国的应对

为实施国际税收透明度和信息交换原则而组织的全球税收论坛同行评议是国际税收合作中的新机制。评议中发现在涉外信托、无记名股票和名义持有人三个问题上各国普遍存在信息透明度不足的缺陷。我国作为大陆法系国家,现行的法律法规与论坛所设计的标准也有一定距离,值得引起注意。应当在完善信托税制的实体法律基础上加强获取信托信息的税收征管程序立法,对国内信托和涉外信托分别制定信息申报规则;有必要对公司法第130条进行修订,取消发行无记名股票的规定;制定隐名投资中的名义股东的信息保存法,对名义股东施以信息报告义务。     

The communal/exchange distinction and some implications for understanding justice in families

This article briefly reviews 10 years of research on a distinction between communal and exchange norms. Communal norms dictate benefits should be given in response to the other's needs. Exchange norms dictate benefits should be given in response to specific benefits received in the past or with the expectation of receiving specific benefits in the future. Choice of norms is shown to be influenced by the type of relationship desired or existing between two people. Evidence of chronic individual differences in tendencies to follow communal and to follow exchange norms in relationships is also presented. We argue that most people believe that communal norms should be followed in family relationships and we outline implications of the research reviewed for understanding justice in the family. Implications of (i) behavior in accord with exchange norms (e.g., quick repayment of benefits received, keeping track of individual inputs into joint tasks), (ii) behavior in accord with communal norms (e.g., helping, expressing emotion) and (iii) individual differences in relationship orientations are discussed.     

The JK Rowling photo case – Are privacy rights evolving for the online era?

The Court of Appeal's recent decision in the case brought on behalf of JK Rowling's young son has some important implications for the developing law of privacy in the UK (David Murray (by his litigation friends Neil Murray and Joanne Murray) v Big Pictures Limited [2008] EWCA Civ 446). Most strikingly, the court's approach shows that the scope of potentially private information is broader than previously thought.The claim brought was for breach of confidence, misuse of private information and under the Data Protection Act 1998 (“the DPA”) and resulted from a photograph of JK Rowling's son, taken covertly in a public place, being published in a newspaper.The decision is significant for photographers and newspaper publishers, in particular, because it suggests that more types of information, especially photographs, may be capable of protection as “private”. It does not follow, however, that this development will prejudice freedom of expression: the balance between privacy and press freedom still needs to be struck, with neither taking precedence over the other.