EU update: Baker & McKenzie’s regular article tracking developments in EU law relating to IP, IT & telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. Additional commentary is also provided in relation to a few select areas of particular interest. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Placing the suspect at a PC: A preliminary study involving fingerprints on keyboards and mice

Digital devices now play an important role in the lives of many in society. Whilst they are used predominantly for legitimate purposes, instances of digital crime are witnessed, where determining their usage is important to any criminal investigation. Typically, when determining who has used a digital device, digital forensic analysis is utilised, however, biological trace evidence or fingerprints residing on its surfaces may also be of value. This work provides a preliminary study which examines the potential for fingerprint recovery from computer peripherals, namely keyboards and mice. Our implementation methodology is outlined, and results discussed which indicate that print recovery is possible. Findings are intended to support those operating at-scene in an evidence collection capacity.     

“Unpalatable Messages”? Feminist Analysis of United Kingdom Legislative Discourse on Stalking 1996–1997

North American scholarship has charted resonances between 1990s legislative and feminist discourse concerning violence against women. Feminist critique of official discourse surrounding the Protection from Harassment Act 1997 suggests that 1990s resonances did not reach the UK: however, an examination of the Hansard debates suggests this under-estimates the influence of feminist discourse. Halley’s discussion of “bad faith” helps to explain both the tendency of feminists to under-estimate their influence and why this matters. A commitment to an understanding of themselves as powerless may encourage feminists to underplay similarities between feminist and official discourse, leading feminists to find only what they expect. Such an understanding gives feminism the capacity to change social life without acknowledging, let alone agonising over, the full range of its distributive effects. This is most troubling in relation to “carceral” feminism, since under-assessment of feminist impact encourages amplification and intensification of the carceral message.     

Analysing policy delivery in the United Kingdom: the case of street crime and anti-social behaviour

For all governments, the principle of how and whether policies are implemented as intended is fundamental. The aim of this paper is to examine the difficulties for governments in delivering policy goals when they do not directly control the processes of implementation. This paper examines two case studies – anti-social behaviour and street crime – and demonstrates the difficulties faced by policy-makers in translating policy into practice when the policy problems are complex and implementation involves many actors.     

Global governance of training standards in an outsourced labor force: The training double bind in seafarer license and certification assessments

The shipping industry is among the most globalized of all industries and is characterized by complex modular supply chains, including a largely outsourced labor force of “just‐in‐time” casualized workers from developing countries and the transitional East European states. Despite long‐standing efforts by international bodies to standardize and regulate the education and training of seafarers, variations in practices and standards persist. Employers exercise contradictory influences on education and training providers, on the one hand demanding the urgent provision of more recruits (encouraging corner‐cutting), and on the other complaining about the poor quality of recruits received (urging crackdowns on poor quality providers and more rigorous examinations) – the training double bind. This paper reflects on these issues through the study of the problematic use of computerized assessments in seafarer examinations, drawing upon findings from a study involving research in six different case study countries providing maritime labor and interviews with stakeholders.     

WATER RESOURCE DEVELOPMENT

Both the federal and state governments have strong constitutional daims and political resources with which to influence the allocation of water resources. Until the 1970s. federal agencies were able to dominate kr setting goals and objectives. However, when the federal government attempted to implement a national water policy in the 1970s, effective opposition was mounted by the states. Both the states and the federal government now exert decisive influence in water policy.