Rape as ‘Torture’? Catharine MacKinnon and Questions of Feminist Strategy

How can we eradicate violence against women? How, at least, can we reduce its prevalence? One possibility offered by Catharine MacKinnon is to harness international human rights norms, especially prohibitions on torture, and apply them to sexual violence with greater rigour and commitment than has hitherto been the case. This article focuses particularly on the argument that all rapes constitute torture in which states are actively complicit. It questions whether a feminist strategy to reconceptualise rape as torture should be pursued, suggesting that we retain the label ‘rape’ due to its gendered meaning and powerful associations. It is also claimed that we may lose sight of the commonality of rape in calling it torture, as well as obscuring the varied responses of women survivors. Finally, the article canvasses the idea that we recognise the different circumstances and contexts in which rape takes place, which may mean different criminal offences for different rapes; for example, preserving the label ‘torture’ for those rapes in which state officials are participants.     

An atypical gunshot wound from a home-made zip gun--the value of a thorough scene investigation

Zip guns and the atypical gunshot wounds they produce are rare in forensic pathology. Because of this, investigators and forensic pathologists may be unfamiliar with their construction, appearance, and the wounds associated with them. A 43-year-old mechanic, with a history of depression was found dead in a washroom stall at work with an atypical gunshot wound of the head. Upon initial investigation, no weapon was found at the scene. Due to the nature of the scene, and the unusual characteristics of the wound, the manner of death was at first thought to be a homicide. Subsequently, a simple zip gun, which had been overlooked during the scene investigation, was discovered by a co-worker while he was cleaning the stall. Examination of the wound revealed evidence of contact range firing. A markedly deformed bullet was recovered from the head, consistent with the use of the home-made gun. These findings, along with further police investigation and review of the past medical history, indicated that the manner of death was a suicide.     

“In the public interest”: The privacy implications of international business-to-business sharing of cyber-threat intelligence

This article reports on preliminary findings and recommendations of a cross-discipline project to accelerate international business-to-business automated sharing of cyber-threat intelligence, particularly IP addresses. The article outlines the project and its objectives and the importance of determining whether IP addresses can be lawfully shared as cyber threat intelligence.The goal of the project is to enhance cyber-threat intelligence sharing throughout the cyber ecosystem. The findings and recommendations from this project enable businesses to navigate the international legal environment and develop their policy and procedures to enable timely, effective and legal sharing of cyber-threat information. The project is the first of its kind in the world. It is unique in both focus and scope. Unlike the cyber-threat information sharing reviews and initiatives being developed at country and regional levels, the focus of this project and this article is on business-to-business sharing. The scope of this project in terms of the 34 jurisdictions reviewed as to their data protection requirements is more comprehensive than any similar study to date.This article focuses on the sharing of IP addresses as cyber threat intelligence in the context of the new European Union (EU) data protection initiatives agreed in December 2015 and formally adopted by the European Council and Parliament in April 2016. The new EU General Data Protection Regulation (GDPR) applies to EU member countries, a major focus of the international cyber threat sharing project. The research also reveals that EU data protection requirements, particularly the currently applicable law of the Data Protection Directive 95/46/EC (1995 Directive) (the rules of which the GDPR will replace in practice in 2018), generally form the basis of current data protection requirements in countries outside Europe. It is expected that this influence will continue and that the GDPR will shape the development of data protection internationally.In this article, the authors examine whether static and dynamic IP addresses are “personal data” as defined in the GDPR and its predecessor the 1995 Directive that is currently the model for data protection in many jurisdictions outside Europe. The authors then consider whether sharing of that data by a business without the consent of the data subject, can be justified in the public interest so as to override individual rights under Articles 7 and 8(1) of the Charter of Fundamental Rights of the European Union, which underpin EU data protection. The analysis shows that the sharing of cyber threat intelligence is in the public interest so as to override the rights of a data subject, as long as it is carried out in ways that are strictly necessary in order to achieve security objectives. The article concludes by summarizing the project findings to date, and how they inform international sharing of cyber-threat intelligence within the private sector.     

In Person

Clare, a partner in London solicitors Collyer Bristow, specializesin IP litigation. Much of her work involves trade mark/passingoff litigation, although copyright and design orientated mattersalso constitute important areas of practice for her,     

Associations among cruelty to animals, family conflict, and psychopathic traits in childhood

Previous research has produced mixed findings on the role of child and family factors in the genesis of childhood cruelty. The authors examined the relationships of cruelty to animals to a range of child and family factors. First, the authors test the idea that cruelty is a callous aggression that will be more strongly associated with psychopathic (callous or unemotional, CU) traits than general externalizing problems. Second, the authors operationalize family problems as open conflict rather than parenting problems as used earlier. Results indicated that for both genders, CU traits were associated strongly with cruelty. For boys, externalizing problems also added prediction in regression analyses. Family conflict was not associated with cruelty for either. These results suggest that cruelty to animals may be an early manifestation of the subgroup of children developing conduct problems associated with traits of low empathy and callous disregard rather than the more common pathway of externalizing problems and parenting problems.     

Cervical manipulation--how might informed consent be obtained before treatment?

This article discusses methods and mediums of obtaining informed consent in physiotherapy clinical practice, specifically in relation to cervical manipulation. Whilst cervical manipulation is a useful method of treatment for spinal joint pain and dysfunction, it has also been shown to be ineffective or even positively harmful. Legal precedents have set boundaries for informing patients of such adverse consequences. However, a degree of uncertainty exists in the physiotherapy profession, as in other health care professions, as to how to obtain informed consent in a busy clinical setting in order to discharge the legal duties owed. Obtaining meaningful informed consent in clinical practice raises issues of patient comprehension, memory and decision-making capacity. A large quantity of research directed at enhancing patient understanding has been undertaken in recent years. The important findings are that a variety of communication methods and mediums need to be employed in both providing information and assessing patient understanding. A combination of verbal, written and audiovisual information provides patients with maximum opportunity to be involved in treatment decisions.     

Digital identity – From emergent legal concept to new reality

Over the past decade, digital identity has gone from a largely unrecognized emergent legal concept to something that is now well known, but still not fully understood. Most individuals now know that they have a digital identity but its legal nature, its transactional functions, and its implications now and for the future, are not generally well understood.This article tracks the emergence of digital identity from the time it was recognized as a new legal and commercial concept to the present time; and outlines its impact and significance for individuals, governments, the private sector and even what is means to be a nation and a citizen in the digital era. The author recounts her experience in recognizing the implications of digital identity in 2006 to its current importance and the implications of future evolutions including an international digital identity, the groundwork for which is being laid now.