Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

Unmanned aircraft systems: Surveillance,ethics and privacy in civil applications

This paper examines how the use of unmanned aircraft systems (UASs) for surveillance in civil applications impacts upon privacy and other civil liberties. It argues that, despite the heterogeneity of these systems, the same “usual suspects” – the poor, people of colour and anti-government protesters – are targeted by UAS deployments. It discusses how current privacy-related legislation in the US, UK and European Union might apply to UASs. We find that current regulatory mechanisms do not adequately address privacy and civil liberties concerns because UASs are complex, multimodal surveillance systems that integrate a range of technologies and capabilities. The paper argues for a combination of top-down, legislated requirements and bottom-up impact assessments to adequately address privacy and civil liberties.     

Can Europe Fill the Void in U.S. Military Leadership?

This article lays out the case for why Washington's European allies are incapable, both now and in the foreseeable future, of replacing American military leadership. Despite recent substantial force contributions in Iraq and Afghanistan and small-scale interventions in Africa, European military capabilities are limited, declining, and unlikely to rebound, regardless of whether the United States is in strategic retreat. As a result, the United States faces a bleak choice: not whether to trade American global leadership for an equally benevolent European world order, but whether to give up its mantle of leadership and thereby create a void that may be filled by unfriendly, if not overtly hostile, actors.     

Agricola: A Man for Our Times

Gnaeus Julius Agricola (40-93 AD) is a man for our times. Facing the capriciousness of imperial power, he, a successful provincial Roman governor, chose to withdraw from public administration. Yet, by protecting his family, Agricola did not shirk politics. On the contrary, he retreated to the founding cell of any polity, the family, which buttresses and at the same time limits the state. By doing so, Agricola reached greatness despite living under bad emperors.     

International Convention for the Peaceful Use of Cyberspace

Cyber weapons now are an extension of state power. In hopes of gaining a strategic advantage, many countries including the United States, Russia and China are developing offensive cyber capabilities to disrupt political, economic, and social institutions in competitor nations. These activities have led to a cyber arms race that is spiraling out of control. This imminent global threat challenges the international community to be proactive. The purpose of this article is to propose an international convention to throttle the development, proliferation and use of cyber weapons before they cause electronic Armageddon. We begin by examining three successful efforts in arms control and use the lessons learned to draft a convention that can serve as a starting point for formal multilateral negotiations.     

The Pivot in Perspective: American Naval Power,Then and Now

The article examines the reorientation of the defense policy of the United States, initiated during the Bush and Obama Administrations, toward giving increased priority to the Asia Pacific region. It begins with the historical perspective of the development of American naval power in the twentieth century. The world wars, in which Europe represented the primary theater of conflict, had the effect of shifting a greater share of American military assets toward the Euro-Atlantic theatre, while the onset of the Cold War after 1945 required the United States to develop a navy of truly global strategic reach in which Atlantic and Pacific commitments were kept in balance. With the diminished concern for European security since the end of the Cold War and the emergence of the People's Republic of China as a strategic competitor in the Asia Pacific region, the United States is required in an age of defense austerity to refocus attention again to the Pacific.     

Security and Solvency

The American defense establishment has come to think of itself as the victim of complex and demanding threats, political irresponsibility and public apathy. While true, such conditions are often the case in American history. “Don’t fight the problem” is a standard instruction in war games. The Department of Defense should adopt that approach with its budget and strategy: stop submitting budgets in excess of legislated limits and devise a strategy consistent with them. It should explore alternative ways to achieve policy objectives, develop a concrete means of assessing risk, and on that basis build greater support for its preferred strategy.     

An Empirical Study of Patent Grant Rates as a Function of Race and Gender

In this article we examine the rate at which patent applications are granted as a function of the inventor's race and gender. Empirical analysis of more than 3.9 million U.S. applications finds minority and women applicants are significantly less likely to secure a patent relative to the balance of inventors. Further analysis indicates that a portion of this bias is introduced during prosecution at the Patent Office, independent of the quality of the application. Mechanisms underlying these disparities are explored. The article concludes with a discussion of our results and their interaction with patent law, innovation policy, and employment trends.