Enabling freedom of expression in light of filtering measures imposed on Internet intermediaries: Squaring the circle?

This study considers the scope of the injunction a court may issue against an intermediary service provider with a view to preventing or terminating an infringement, particularly of an intellectual property right. The matter is studied in the light of the aim shared by the European Union and the Council of Europe to promote freedom of expression via communication networks. Despite technological progress and the emergence of software that are increasingly precise and ever better controlled in terms of their effects, implementation of a filtering measure appears difficult to reconcile with the right to freedom of expression. Consequently, the problematic comes down to this question: how do we do enough without doing too much?     

Moral development and recidivism: a meta-analysis

A meta-analysis of 19 studies (N = 15,992 offenders) showed a significant inverse relation between more mature moral development and recidivism. Moderator analyses revealed a larger effect size for moral cognition (r = .20) than for moral emotion (r = .11). Effect sizes for production measures (r = .57) were much larger than for recognition measures (r = .16) and unstructured (clinical) judgment (r = .10). Larger effect sizes were found for female delinquents (r = .32) than for male delinquents (r = .21). Only small differences in effect sizes were found between juvenile delinquents (r = .10) and adult delinquents (r = .16). Finally, self-report measures of recidivism revealed much larger effect sizes (r = .32) than official reports of recidivism (r = .09). The discussion focuses on the theoretical and practical meaning of the magnitude of the effect size for the relation between moral development and recidivism.     

Quantitative indices for anti-human trafficking policies: based on reports of the U.S. State Department and the Council of Europe

Quantitative ratings of policies of national governments are an important tool for the monitoring of compliance with international standards in many domains. In this article we present a global index of anti-human trafficking policies developed by a research consortium using the TIP country reports of the U.S. State Department (the 3P index) and an index based on the reports of the monitoring body of the Council of Europe Convention against Human Trafficking (GRETA). Although the global 3P index gives more favorable ratings to most European countries than the GRETA-based index, a moderately strong correlation was found between the two indices. This is an encouraging result lending support to the validity of the assessments of both monitoring mechanisms as well as to their transformation into quantitative scores. We also demonstrate that the detailed GRETA-based index can be used to identify best practices in anti-trafficking policies and specific areas where these policies are most in need of improvement, e.g. legal aid and compensation for victims. Our analyses of the relationships between the various items of the index revealed positive correlations between the existence of units of specialized prosecutors and the numbers of convictions of traffickers. Our paper, then, demonstrates the potential of quantitative indices of counter human trafficking policies as tools for both effective monitoring of the implementation of international standards and for analytical purposes.     

Legal aspects of text mining

“Text mining” covers a range of techniques that allow software to extract information from text documents. It is not a new technology, but it has recently received spotlight attention due to the emergence of Big Data. The applications of text mining are very diverse and span multiple disciplines, ranging from biomedicine to legal, business intelligence and security. From a legal perspective, text mining touches upon several areas of law, including contract law, copyright law and database law. This contribution discusses the legal issues encountered during the assembly of texts into so-called “corpora”, as well as the use of such corpora.