The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that link in a Bill of Rights, taking account of the potential introduction of limitation clauses and the possibility of according Strasbourg judgments against the UK an advisory status only. Finally, taking account of the European Court's recent movement towards ‘enhanced’ subsidiarity, it will examine the consequences for the protection of human rights of reliance on a Bill of Rights intended to be interpreted and applied independently of Strasbourg influence.     

Post-Executive Order 13583: A Reexamination of Occupational Barriers in Federal Law Enforcement

This study examined occupational barriers in federal law enforcement between 2011 and 2015, replicating research conducted prior to the passage of Executive Order 13583 (2011 Executive Order No. 13583, 76 C.F.R. 52847 (2011). [Google Scholar]). Qualitative and quantitative data were generated from surveys collected from 101 sworn female federal law enforcement officers on the challenges they face in the work environment. With little progress to gender equity, findings revealed that male colleagues’ resistance to women in federal policing and the perceived lack of promotions has increased, while work–life balance policies and sexual discrimination continue to be a challenge. Policy implications for improving organizational practices are discussed.     

Windows 7 Antiforensics: A Review and a Novel Approach

In this paper, we review literature on antiforensics published between 2010 and 2016 and reveal the surprising lack of up‐to‐date research on this topic. This research aims to contribute to this knowledge gap by investigating different antiforensic techniques for devices running Windows 7, one of the most popular operating systems. An approach which allows for removal or obfuscation of most forensic evidence is then presented. Using the Trojan software DarkComet RAT as a case study, we demonstrate the utility of our approach and that a Trojan Horse infection may be a legitimate possibility, even if there is no evidence of an infection on a seized computer's hard drive. Up‐to‐date information regarding how forensic artifacts can be compromised will allow relevant stakeholders to make informed decisions when deciding the outcome of legal cases involving digital evidence.     

Algorithmic surveillance: the collection conundrum

ABSTRACT

Supporters of increased surveillance see tremendous potential in the ever increasing creation, collection, and retention of personal data. Most acknowledge that the massive collection of information also creates challenges where the collection outpaces the ability to meaningfully process the data. Increased processing power and more finely tuned algorithms are often portrayed as the solution to this haystack conundrum. While a human may struggle to find the needle in an overflowing haystack of disordered information, powerful computers can take a logical and structured approach that will make the haystack eminently more searchable. This article evaluates this premise from a human rights perspective and considers whether algorithmic surveillance systems can be designed to be compatible with the right to privacy. In addition to assessing the incongruity between traditional safeguards (such as foreseeability and accountability) with algorithmic surveillance, this article also confronts the problem of initial collection and addresses the contention that well-defined algorithmic search can effectively limit the intrusiveness of surveillance. Evolution in the case law of the European Court of Human Rights and the Court of Justice of the European Union will be factored into this analysis.     

Women,Marriage and Work in the British Diplomatic Service

This article explores the ways in which marriage, and the hetero-normative ideals associated with it, structured the experiences of women within the British Diplomatic Service from the early nineteenth century to the 1980s. Drawing on the sociological concept of ‘incorporation’, the article shows how assumptions about the duties of wives towards their husbands and country contributed to the ongoing exclusion of women from the Diplomatic Service and later served to restrict the career mobility of female officers, most notably through the operation of a marriage bar. The article argues that the hetero-normative model began to break down in the 1970s due to a number of factors, including generational change, the spectre of sex discrimination legislation, and the example set by more politically assertive groups of wives in Diplomatic Services elsewhere. This analysis suggests that ‘incorporation’ should be understood as a phenomenon which not only determines the social identities of wives, but can fundamentally shape the experiences and opportunities of women formally employed within the occupational culture in question.     

Conclusion: Four Recommendations to Improve Digital Electoral Oversight in the UK

To conclude this special section, this article looks at the possible avenues for regulatory reform in the field of digital campaigning. Diagnosing the need for a multi-layered approach, we argue that action is needed from government, regulators, companies, and civil society. We take each actor in turn and consider the kind of change needed, the prospects for reform, and outline four recommendations for change.