The principle of security safeguards: Unauthorized activities

The principle of information security safeguards is a key information privacy principle contained in every privacy legislation measure, framework, and guideline. This principle requires data controllers to use an adequate level of safeguards before processing personal information. However, privacy literature neither explains what this adequate level is nor how to achieve it. Hence, a knowledge gap has been created between privacy advocates and data controllers who are responsible for providing adequate protection. This paper takes a step toward bridging this knowledge gap by presenting an analysis of how Data Protection and Privacy Commissioners have evaluated the adequacy level of security protection measures given to personal information in selected privacy invasive cases. This study addresses both security measures used to protect personal information against unauthorized activities and the use of personal information in authentication mechanisms. This analysis also lays a foundation for building a set of guidelines that can be used by data controllers for designing, implementing, and operating both technological and organizational measures used to protect personal information.     

Is stalking a learned phenomenon? An empirical test of social learning theory

Purpose

We examine the extent to which components of social learning theory (i.e., definitions, differential reinforcement, and differential association/modeling) predict stalking victimization and perpetration using survey data from a large sample of college students.

Methods

Among a sample of 2,766 college students, logistic regression models were estimated to analyze the relationships between social learning theory and stalking perpetration and victimization.

Results

Results suggest that victimization and perpetration are functions of social learning. The findings also indicated that females were significantly more likely to be both stalking victims and perpetrators.

Conclusions

Regarding stalking perpetration and victimization, our results suggest that there may be responses, attitudes, and behaviors that are learned, modified, or reinforced primarily through interaction with peers. Overall, social learning theory concepts appear to be important predictors of stalking perpetration and victimization that help to develop theoretical explanations for stalking.     

Understanding the relationship between violent victimization and gang membership

Purpose

Research examining factors that precipitate gang violence has contributed substantially to our understanding of gangs and gang activity with respect to offending, yet we still know relatively little about how gangs influence members’ risk of victimization. The current study examines three hypotheses: (1) gang involvement and involvement in other risky lifestyles is related to violent victimization, (2) involvement in gang crime is associated with violent victimization, and (3) the presence of rival gangs is related to violent victimization.

Methods

The present study uses data obtained from 909 recently booked juvenile arrestees who were interviewed as part of the Arizona Arrestee Drug Abuse Monitoring (ADAM) program.

Results

Our findings indicated that prevalence of violent victimization was highest among gang members, followed by former gang members, gang associates, and non-gang members. After controlling for involvement in gang crime, however, gang membership per se did not significantly influence the juveniles’ risk of serious violent victimization.

Conclusions

Our results call into question the conclusion that gang membership alone increases the likelihood of violent victimization vis-à-vis lifestyle/routine activities and/or collective liability. Instead our findings support prior research on the victim-offender overlap, that offending behaviors increase the risk of victimization.     

Software interoperability, intellectual property and competition law — Compulsory licenses for abuse of market dominance

Innovation is a shared purpose of both intellectual property (IP) and competition law. However, sometimes competition law conflicts with the interests of IP holders. This paper searches for an adequate criterion of practical concordance, which consists of evaluating, in the concrete situation, which of those regulations best performs the purpose of promoting innovation. It is considered that requirements of competition law shape IP regulations, but the internal limits of protection therein identified are not enough to safeguard concerns of competition law. In particular, European courts held that, in exceptional circumstances, IP holders with market dominant position can be compelled to grant licenses of IP protected goods, such as copyrighted information and software. Such lifting of the IP exclusion power finds its rationale in preserving competition and promoting innovation, which is particularly sensitive within the dynamic software market.     

Cursing the Cloud (or) Controlling the Cloud?

Inspired by the cloud computing hypes, this paper responds to some of the hypes, but not to all. The hype in this paper refers to the level of the adequacy of data protection and privacy in a cloud computing (the Cloud) environment. Paradoxically, this paper proffers observational insights that surround the Cloud from the perspectives of data protection and privacy. It examines briefly the efforts of January 2010 led by Microsoft and anticipating “liability” scenarios. The liability rhetorically refers to the illegal access in the Cloud. This paper does not focus entirely on the technology sophistication; however, it analyses two scenarios of illegal access. To mitigate the liability, it suggests a “Cloud Compliant Strategy (CCS)” being a proposed model to control the Cloud. The observational insights of this paper have also intertwined with the adequacy of data protection from the lenses of the European Union (EU) Data Protection Directive 95/46/EC (DPD) and Safe Harbor provisions (SH).     

30 years on - The review of the Council of Europe Data Protection Convention 108

The Council of Europe is engaging in a process of revising its Data Protection Convention (Convention 108) to meet and overcome these challenges. The Council of Europe celebrates this year the 30th Anniversary of its Data Protection Convention (usually referred to as Convention 108) which has served as the backbone of international law in over 40 European countries and has influenced policy and legislation far beyond Europe’s shores. With new data protection challenges arising every day, the Convention is revising its Data Protection Convention. Computer Law and Security Review (CLSR) together with the Intl. Association of IT Lawyers (IAITL) and ILAWS have submitted comments in response to the Expert Committee’s public consultation on this document. CLSR aims to position itself at the forefront of policy discussion drawing upon the high quality scholarly contributions from leading experts around the world.     

Israeli-Turkish Tensions and their International Ramifications

The deterioration of relations between Israel and Turkey, culminating in the “Gaza flotilla” affair of June 2010, are part of a reorientation in the Turkish foreign policy over the past several years: a move away from the West and toward Muslim states and non-state groups, including such radical actors as Iran, Hamas and Hizballah. This article reviews the rationale for the Israeli-Turkish strategic partnership in the 1990s and the early years of this century. It then documents deviations in Turkish foreign policy from Western patterns. Next it examines how changes in Turkey's twenty-first century strategic environment, as well as in the domestic arena, led to a reorientation of Turkish foreign policy and to current tensions in bilateral relations. And finally, it assesses the impact of the changes in Turkish foreign policy on the Greater Middle East and global politics.     

Foreign Fighters—Recent Trends

Beginning with a historical perspective on foreign fighters, this article then seeks to clarify ambiguities and biases that shape how we often analyze the foreign fighter phenomenon. The central focus is then on the evolving trends and activities of the movement. A new generation of fighters has emerged who are comfortable as terrorists, recruiters, trainers and media propagandist, among other specialties. The author concludes by assessing the significance of the problem today.     

Chinese Strategic Thinking on Multilateral Regional Security in Northeast Asia

This article argues that multilateral mechanisms for addressing security issues in East Asia are weak and that a key reason is the hollowness of China's ostensible and much-touted commitment to multilateralism. This is especially troubling when the region faces major security challenges and regional relations (and China's approach to them) appear to be moving from “economics in command” to “security in command.” The article concludes with a prediction that “A coordinated approach to combining alliances and quasi-alliances exclusive of China with multilateralism inclusive of it will best test China's intentions during this decade.”