Long-tail liability law reform

There is a need for the law to evolve so that corporations are obliged to make proper provision for liabilities to unascertained future creditors. However, implementation of long-tail liabilities is far from straightforward and has many repercussions for both corporations and personal injury law. In October 2005 the Parliamentary Secretary to the Treasurer requested the Corporations and Markets Advisory Committee to consider a "referred proposal" designed to achieve comprehensive and principled law reform. Analysis of the referred proposal reveals many shortcomings, a number of which have been addressed by the Committee in its June 2007 Discussion Paper, Long-Tail Liabilities: The Treatment of Unascertained Future Personal Injury Claims. This editorial urges further and reflective analysis of the referred proposal and of the Committee's tentative suggestions in order to achieve a balance among the entitlements of unascertained future creditors, other known creditors, shareholders, corporations' financial viability, and the conceptual integrity of corporations law.     

Exploring Risk: Potential Static,Dynamic, Protective and Treatment Factors in the Clinical Histories of Female Sex Offenders

Despite nearly a century of knowledge indicating a significant number of women engaging in sexual activities with children, the phenomenon has not yet been fully acknowledged. Recently, however, there has been a marked increase in research in this area. However, due to the relatively small numbers of detections or convictions there remains a lack of data regarding: (1) the specific clinical characteristics of female sex offenders; and (2) how these clinical factors link to re-offending and treatment need. The following study examines potential risk, protective, and treatment factors that are highlighted through the process of clinical intervention, using an adapted version of the Beech and Ward (2004) risk framework. We describe how female sex offenders typically display clinical deficits in the same risk domains as their male counterparts, while noting the ways in which these deficits manifest in this population. In addition, we compare these vulnerability factors in four established types of female sex offender.     

‘The Sky is Falling!’ – Responses to the ‘Going Dark’ problem

The shared concern expressed in the two quotes below is that modern technologies provide criminals with a capability to evade investigation. This comment piece examines some of the policy and legal options available to governments and law enforcement agencies to try to address this concern. While accepting the claim that this phenomenon represents a real challenge to law enforcement agencies, we currently have insufficient evidence to show the true extent of the problem. What this piece does not accept is the implication contained in the quotes, and often made explicit by others, that the use of encryption represents a fundamental and irreversible shift in the balance of power between criminals and their investigators from what previously prevailed. Such claims tend to lack historical perspective, which is one of the themes of this 200th issue of Computer Law and Security Review.     

From ugly duckling to Swan. The rise of data protection and its limits

This article considers the development of data protection laws from a position on the periphery of legal consciousness to the situation where it is the subject of intensive legal and media publicity. Focusing on the recent controversies surrounding the use of Facebook apps for political purposes, the article will consider the role and limitations of data and privacy protection laws. The question will be posed – if not answered – whether national or regional laws can be effective in what increasingly is a global information society.     

The legal geographies of transnational cyber-prosecutions: extradition,human rights and forum shifting

This article describes legal and human rights issues in three cases of transnational online offending involving extradition requests by the United States (US). These cases were selected as all suspects claimed the negative impacts of autism spectrum disorders (ASDs) were sufficient to deny extradition on human rights grounds. We demonstrate how recent developments in UK and Irish extradition law raise human rights and prosecutorial challenges specific to online offending that are not met by established protections under domestic and internationally sanctioned approaches to extradition or human rights law. In these cases, although the allegedly unlawful conduct occurred exclusively online and concurrent jurisdiction enables prosecution at both the source and location of harm, we demonstrate why national courts hearing extradition challenges are extremely reluctant to shift the trial forum. We conclude by discussing the implications of the new geographies of online offending for future criminological research and transnational criminal justice.     

An examination of the experience of cryptocurrency use in Russia. In search of better practice

This study concerns the use of crypto-currency with specific reference to the situation in Russia. A variety of such systems exist; Bitcoin, however, is perhaps the best-known example and will be used as synonymous with the concept throughout this article. Our findings not only show how the views of Russian government bodies are formed and developed, but also sheds light on the specific innovative methods which legal entities use for development of the economy. Consideration will be given to recent developments within Russia which has been more active than many countries in seeking to clarify the status of Bitcoin and providing for the regulation of the technology.     

Knowledge Management and Open Innovation in United Kingdom Local Authorities

The article examines the performance of UK local authorities in relation to knowledge management and open innovation. Data were acquired using a mail survey of non-metropolitan local authorities in England and Wales. The results indicate that certain factors influence the effectiveness of the knowledge management process. Authorities engaged in open innovation have developed more effective knowledge management processes. Hence, of instead of implementing a strategy solely based upon cutting services and reducing staffing levels, local authorities seeking to survive in the face of government spending cuts might also consider the benefit from optimizing the effectiveness of their knowledge management processes and participation in open innovation.     

Social anxiety and sexual offending against children: A cumulative meta-analysis

Abstract

We examined the extent to which sexual offenders against children (SOC) differ from men who do not offend against children (non-SOC) on social anxiety. In study 1, 30 SOC and 31 non-sex offenders (NSO) were compared on a self-report measure of social anxiety (Social Avoidance and Distress Scale; SADS). SOC and NSO had virtually identical levels of social anxiety. In study 2, we conducted a meta-analysis of existing comparisons of SOC with various non-SOC groups on the SADS. SOC were generally more socially anxious than non-SOC. These findings suggest that the average SOC is more socially anxious than the average male who does not sexually offend against children. It remains unclear, however, whether social anxiety plays a causal role in the initiation of child sexual abuse.