Why privacy is at risk

Dr Chris Pounder has been professionally involved in delivering data protection services since the time of the Lindop Report in 1978. Here he argues for an express link between the data protection and human rights regimes. Amberhawk is a new company founded by Chris in 2008 with Sue Cullen as the vehicle for the continuation of the information law training business previously operated by Pinsent Masons LLP.     

Al Shabaab's Foreign Threat to Somalia

This article focuses on the threat to Somalia by al Shabaab (The Youth), an extremist organization that controls most of southern and central Somalia. It learned its strategy and tactics from al Qaeda and the Taliban and relies heavily on a relatively small number of foreign fighters, most of whom are Somalis with foreign passports from the large Somali diaspora. The non-Somali contingent probably numbers only about 200 to 300, although it brings battlefield experience from Afghanistan and Iraq and provides al Shabaab with expertise in bomb making, remote-controlled explosions, suicide bombing and assassinations. Some of the foreigners occupy key positions in al Shabaab. The connection between al Shabaab and al Qaeda is growing stronger but has not yet reached the level of operational control by al Qaeda. Al Shabaab's draconian tactics, which are imported from outside and are anathema to most Somalis, and its foreign component may be its undoing.     

Foreign Influences and Shifting Horizons: The Ongoing Evolution of al Qaeda in the Islamic Maghreb

This article details how prior to the establishment of al Qaeda in the Islamic Maghreb (AGIM), Meghrebis—that is, Algerians, Moroccans, Tunisians and others--made up a significant percentage of the foreign fighters in the al Qaeda-led insurgency in Iraq, thus helping to build the trust networks between al Qaeda central and the Maghreb-based groups, culminating in the the 2007 formal affiliation of the Groupe Salafiste pour la Predication et le Combat (GSPC) with al Qaeda. Since then, an emboldened AQIM has evolved significantly, both strategically and operationally.     

Taiwan and East Asian Security

This article offers an assessment of cross-Strait relations almost 30 months into the Ma Ying-jeou administration, and two years before Hu Jintao likely will begin to give up the titles that make him China's paramount leader. The article briefly describes the essential character of cross-Strait relations before President Ma came to office; reviews what has happened during his administration; clarifies what this process represents; examines what might happen in the future, and concludes with implications for other countries— particularly the United States.     

Economic and Security Interests in Southeast Asia

Despite worries that ASEAN is becoming weak, the organization remains as strong as it ever was, given the parameters of its design. Its member countries still tightly embrace the organization's principles, the “ASEAN way.” But simple adherence to those principles can be problematic. ASEAN countries, whose national economic and political interests collide, often appeal to the same principles to back their positions. That tends to pull ASEAN in different directions. Great power policies, particularly those of China and the United States, now exacerbate the situation. At the same time, ASEAN's reliance on multilateral consensus has made it difficult to reconcile real differences among its member countries or develop unified regional responses. That can be seen in issues from the Xayaburi dam on the Mekong River to the South China Sea. The ease with which ASEAN's principles can come into conflict and its consensus-driven decision- making can become deadlocked clearly marks the limits of the “ASEAN way.”     

Ending the War with Al Qaeda

As long as we conceive of the fight with al Qaeda as a war, the fight will remain unwinnable and the goal of effective destruction will remain beyond our reach, according to the author. Historically speaking, modern wars require negotiated conclusions or the complete eradication of present and future threats. The former is politically impossible and the latter is historically unachievable.     

The End of History: ‘Neojuche Revivalism’ and Korean Unification

This article argues that prospects for change in North Korea and, thus, reduction in threats to regional security, lay more in rising prospects for Korean unification than in scant hopes for reform inside North Korea. It identifies several factors that have made unification a more salient idea than at any time in the last decade. First, Kim Jong Il's failing health and his youngest son's and designated heir's uncertain grip on succession mean greater risk of political instability in North Korea that could bring discontinuous change, including reunification. Second, it has become clear that the Six Party Talks and other diplomatic efforts will not produce denuclearization and reduction of the regional security threat posed by Pyongyang's weapons program. Third, the current and likely future leadership in Pyongyang is incapable of reform, making regime collapse a more likely scenario and unification a more likely route to meaningful change. Fourth, the North Korean regime has become heavily dependent on Chinese support, material and political-diplomatic. Finally, thinking about how unification might occur has shifted to scenarios that are more feasible to key parties, including South Korea, the United States and Japan.     

… and still we are left wanting: Malta's White Paper on digital rights

CLSR welcomes occasional comment pieces on issues of current importance in the law and technology field from different jurisdictions. In this instance the Government of Malta published a White Paper in October 2012 for public consultation, proposing the introduction of the following four so-called “digital rights” in the Constitution of Malta: (1) the right to Internet access; (2) the right to informational access; (3) the right to informational freedom and (4) the right to digital informational self-determination. The author believes that the proposal is indeed a step in the right direction but lacks punch where it matters most and does not go far enough.     

Blurring the dimensions of privacy? Law enforcement and trusted traveler programs

Risk has become a ubiquitous tool for security governance. This paper analyzes the ongoing shift in airport/aviation security from rule-based to risk-based screening. Seeking to explore the effects of data based passenger risk assessment on privacy through the collection and processing of personal data, it is argued that risk is likely to enroll passengers into a partly voluntary, partly enforced membership in trusted traveler schemes in order to enhance the database, thus enabling a more precise assessment of risk levels. In a disciplinary spatial setting, the once distinct privacy dimensions of citizen-state and consumer-market become increasingly blurred, as law enforcement authorities seek to exploit data that was originally obtained for commercial purposes to improve risk calculations.