Link law: The emerging law of internet hyperlinks

Although Internet enthusiasts often claim a right of on‐line associations, that is, a right freely to link to other content on the Internet, evolving case law demonstrates that there is no absolute right to associate or link on the Internet. Rather, business law at times imposes limits and penalties on linking. As business grows on the Internet, litigants are likely to use creative theories based on unfair competition and intellectual property law to seek limits on linking. This article examines the first waves of Internet link law cases, how the legal positions have been framed and the principles with which those cases have been resolved. The article reviews the basics of the legal theories used (and likely to be used in the future) to challenge links. The article then reviews key linking cases involving, among other issues, direct links, “framing” and “inlining,” hidden metalinks and contributory infringement through links and mirror sites. The article concludes that, contrary to the original ethos of Internet use, in the era of business use of the Internet, linkages will often be scrutinized and controlled, and sometimes discouraged, litigated or penalized.     

Risk assessment for intimate partner violence: how can the police assess risk?

ABSTRACT

The use of risk assessment tools by frontline police for intimate partner violence has the potential to make a difference to policing. In this paper, the key aspects of intimate partner violence risk assessment are outlined critically with a particular emphasis on how they can be used in practice. Two, evidence-based, exemplars are reviewed. These are the Ontario Domestic Abuse Risk Assessment (ODARA), an example of the actuarial approach, and the Brief Spousal Assault Form for the Evaluation of Risk (B-SAFER), an example of the structured professional judgement approach. In addition, the victim giving his or her own appraisal of risk is discussed. All three approaches have some validity when administered properly but practical factors reduce this validity. The content of the risk assessment tools are outlined and practical concerns such as training, time to administer, reliability, validity, and the overlap of intimate partner violence with other forms of offending are discussed. A balanced overview of the strengths, weaknesses and future potential of intimate partner violence risk assessment is provided.     

Book reviews

Reckless Legislation: How Lawmakers Ignore the Constitution by Michael A. Bamberger. Piscataway, NJ: Rutgers University Press, 2000. Pp.ix + 233. $32 hb ISBN 0 8135 2732 5.

An Accidental MP by Martin Bell. London: Viking, 2000. Pp.230 £16.99 hb ISBN 0 670 89231 9.

Politico's Guide to Parliament by Susan Child. London: Politico Publishing, 1999. Pp.vi + 461 £25 hb ISBN 1 902301 23 4.

The European Parliament by Richard Corbett, Francis Jacobs and Michael Shackleton. London: John Harper, 4th edn, 2000. £37.50 hb ISBN 0 953 62782 9; £14.95 pb ISBN 0 953 62781 0.

The C‐Span Revolution by Stephen Frantzich and John Sullivan. Norman, OK: University of Oklahoma Press, 1999. Pp.xiv + 433. $14.95 pb ISBN 0 8061 3130 6.

Pivotal Politics: A Theory of U.S. Lawmaking by Keith Krehbiel. Chicago, IL and London: University of Chicago Press, 1998. Pp.xvi + 258. £39.55 hb ISBN 0 226 45271 9; £13.50 pb ISBN 0 226 45272 7.

Legislative Enterpreneurship in the U.S. House of Representatives by Gregory Wawro. Ann Arbor, MI: The University of Michigan Press, 2000. Pp.xiv+193. $39.50 hb ISBN 0 472 11153 1.     

Suspicion formation among police officers: an international literature review

Recent research on racial profiling has renewed attention on how police officers develop suspicions about citizens, and how these suspicions influence the official behavior of police. In order to guide the current research, a review of the wealth of existing qualitative and quantitative research on this topic is necessary. This literature review examines the existing international research in psychology, sociology, and criminology on police officer development of suspicion. It also lays out a framework for organizing the findings with four broad methods of suspicion development: stereotypical perceptions about typical criminal offenders, prior knowledge about specific citizens; incongruent circumstances, and suspicious nonverbal cues. It concludes with the few studies linking officer suspicions to official police behavior.     

Models of South-East Asian Organised Crime Drug Operations in Queensland

In 2002, the United Nations Office on Drugs and Crime (UNODC) issued a report entitled Results of a pilot survey of forty selected organized criminal groups in sixteen countries which established five models of organised crime. This paper reviews these and other common organised crime models and drug trafficking models, and applies them to cases of South East Asian drug trafficking in the Australian state of Queensland. The study tests the following hypotheses: (1) South-East Asian drug trafficking groups in Queensland will operate within a criminal network or core group; (2) Wholesale drug distributors in Queensland will not fit consistently under any particular UN organised crime model; and (3) Street dealers will have no organisational structure. The study concluded that drug trafficking or importation closely resembles a criminal network or core group structure. Wholesale dealers did not fit consistently into any UN organised crime model. Street dealers had no organisational structure as an organisational structure is typically found in mid- to high-level drug trafficking.     

‘Intelligence,Public Confidence and Security’

Richard Gid Powers, Secrecy and Power: The Life of J. Edgar Hoover (New York: The Free Press, 1987). Pp. 624; $27.95.

Jeffrey Richelson, American Espionage and the Soviet Target (New York: William Morrow, 1987).

John Keegan, The Mask of Command (New York; Viking Penguin 1987). Pp. 368; $18.95.

Major General Rygor Slowikowski, In the Secret Service: The Lighting of the Torch (London: The Windrush Press, 1988). Pp. 285; £16.95.

Alexandre de Marenches and Christine Ockrent, The Evil Empire: The Third World War Now (London: Sidgwick &; Jackson, 1988), Pp. 224, £13.95

Robert Marshall, All the King's Men (London: Collins, 1988). Pp.314; £12.95. Brendan M. Murphy, Turncoat (New York: Harcourt Brace Jovanovich, 1987). Pp. 301; $19.95.

Ray Godson (ed.), Comparing Foreign Intelligence: The U.S., the USSR, the U.K. and the Third World (New York: Pergamon Brasseys, 1988), Pp. 157; $18.95.

Stephen J. Cimbala (ed.). Intelligence and Intelligence Policy in a Democratic Society (Dobbs Ferry, New York: Transnational Publishers Inc., 1987). Pp. 262. $37.50.     

Policing Uncertainty: Intelligence,Security and Risk

Today, the idea of risk is ubiquitous, a presence in debates across a range of fields, from investment banking to politics, from anthropology and sociology to health, environmental and cultural studies. While this ubiquity attests to the importance of the concept it is at the same time a potential weakness in that it injects the term into a wide range of debates in each of which its meaning can be subject to different emphases and meanings. The notion of risk is of obvious importance to security intelligence, but here too its ubiquity has had an impact on specificity of meaning. While the term is widely used in both the profession and study of intelligence, its usage can carry different meanings and it can be used interchangeably with linked terms. Given the importance of the idea of risk to intelligence, clarity of meaning is essential. This article sets out to consider the meaning of, and relationship between, uncertainty and risk in a security intelligence context, propose a framework on which a common understanding can be built, and illustrate how this can help in thinking about the nature and role of security intelligence.     

Taming the tigers? Reforming the security sector in Southeast Asia

Abstract

Despite global trends towards military reform characterized by processes of professionalization and democratization, militaries in Southeast Asia have continued to play prominent roles in domestic politics since 11 September. This suggests that wider patterns of global military reform have not had as great an impact on the control, capacity and cooperative functions of armed forces in Southeast Asia as they may have elsewhere. In order to explore why the security sector reform agenda has had so little impact in the region, we investigate recent patterns of civil–military relations in Southeast Asia by focusing on the experiences of four of the region's militaries: Malaysia, Thailand, the Philippines and Indonesia. We argue that the security sector reform agenda is informed by a predominantly North American approach to civil–military relations based on a number of core assumptions that do not reflect Southeast Asian experiences. Hence, we ask whether the reform agenda itself could be modified to better suit the Southeast Asian context. We suggest that although the regional military sector has not reformed along a ‘Western’ path it is nonetheless possible to see other types of, and potential for, reform.     

Seeds of an Asian European Union? Regionalism as a hedge against the United States on telecommunications technology in Japan and Germany

Abstract

Germany and Japan have both used regionalism as a hedge against American power in the area of telecommunications, but this strategy has taken very different forms. Germany's regionalism is within the European Union. Since 2002 Japan has developed an ad hoc technology alliance in telecommunications with China and South Korea. Both the European Union and Northeast Asian countries have used industrial policy to promote telecommunications technology and both regional organizations have expressed concern about American dominance in telecommunications. Both Germany and Japan have looked to their lower income neighboring countries for investment opportunities in telecommunications, but each has taken a different approach. Japanese telecommunications firms have not been very successful in investing in other countries or in exporting Japan's very sophisticated and expensive telecommunications equipment. The Japanese government and business organizations have taken the lead in trying to promote joint research and pursue development of joint standards. Germany's Deutsche Telekom has been much more active than Japanese firms in international investment. The European Union differs from the Northeast Asian group in that it has pressed Germany to keep its domestic telecommunications market open and to make Deutsche Telekom compete internationally. It is surprising that China, Japan and South Korea have reached out to each other to cooperate on technology and standards development despite longstanding mutual antagonisms. The Northeast Asian agreements on telecommunications recall the European Coal and Steel Community (ECSC) of 1952, an initiative that also sought to link economically states divided by deep resentments. Like the ECSC, the current Asian initiative targets some of the most important economic sectors of the day. However, strong market pressures tend to undermine cooperation, and it is uncertain how much impact the agreements on telecommunications will really have.