An ID card for the Internet – The new German ID card with “electronic proof of identity”

The personal ID card is a document carried by most Germans, but rarely used. This could change in the future: According to the new law on identification cards and electronic proof of identity (Gesetz über Personalausweise und den elektronischen Identitätsnachweis, PAuswG), the ID card, with its proof of identity, will gain a new functionality, making it applicable for diverse Internet transactions. Functionally, the electronic proof of identity corresponds to existing non-electronic personal proof of identity guidelines in legal and business connections. However, its concrete, technical application opens up many issues regarding contracts and data privacy laws. On both the legal and the technical level, the German approach departs from other European countries, as it strictly distinguishes the electronic proof of identity from the electronic signature function, which the new ID card also provides. It remains to be seen whether the various projects of the EU Member States will become legally and technically interoperable in the near future.     

‘Customary internet-ional law’: Creating a body of customary law for cyberspace. Part 1: Developing rules for transitioning custom into law

The shift in socio-economic transactions from realspace to cyberspace through the emergence of electronic communications and digital formats has led to a disjuncture between the law and practices relating to electronic transactions. The speed at which information technology has developed require a faster, more reactive and automatic response from the law that is not currently met by the existing law-making framework. This paper suggests the development of special rules to enable Internet custom to form legal norms to fulfill this objective.     

The political economy of class conflict

Texts reviewed:

C. Crouch (1977) Class Conflict and the Industrial Relations Crisis, Heinemann Educational Books.

F. Hirsch and J. H. Goldthorpe (eds) (1978) The Political Economy of Inflation, Martin Robertson.     

A Requiem for American Counterinsurgency

Counterinsurgency as an operational method employed by the American military to achieve policy aims at a reasonable cost in blood and treasure has failed miserably. The idea that it has worked should be buried in the ground with a requiem stating that counterinsurgency is dead. Unfortunately, a large group of writers over many years have constructed a deeply flawed narrative that suggests that it is alive and well and continues to shape and influence American foreign policy toward and activist use of American military force in the world's troubled spots.     

U.S.-Russian Strategic Arms Reductions: Nonlinear Challenges,Practical Opportunities

The Obama Administration's desire to push forward with strategic nuclear arms reductions during the President's second term requires the navigation of numerous shoals and reefs. U.S. and Russian negotiators will have to overcome both political and military obstacles to accomplish post-New START reductions in long-range nuclear weapons. For example, efforts to reduce offensive nuclear weapons are complicated by U.S. and NATO plans for missile defenses deployed in Europe and by exigencies in U.S. and Russian domestic politics. In addition, the military-technical aspects of cyber war and nuclear deterrence can no longer be treated, analytically or practically, as isolated compartments. This article considers several aspects of the relationships among possible post-START offensive force reductions, advanced conventional weapons including missile defenses, and emerging cyber capabilities.     

Standardisation: A tool for addressing market failure within the software industry

Despite the maturity of the software industry, empirical research demonstrates that average software quality, when measured through the presence of software defects, is low. Such defects cause a wide array of issues, not least in the form of vulnerabilities, which support a multi-billion pound a year industry of fraud in cyber crime. This paper suggests that this is the result of market failure stemming from two factors: the first is that information asymmetry prevents the establishment of software quality prior to purchase; whilst the second is that the legal provisions available under private law are unable in their current form to adequately address software liability issues. On that basis this paper proposes the use of standardisation as a tool to address both of these shortcomings by providing an industry benchmark against which software quality can be ascertained, as well as forming a legal tool for determining causation for the purposes of establishing legal liability.     

Internet of things – Governance quo vadis?

The Internet of Things (IoT) as an emerging global Internet-based information architecture facilitating the exchange of goods and services is gradually developing. While the technical aspects are being discussed in detail a legal framework does not exist so far. The first supranational organization trying to work out an IoT governance framework has been the European Commission by appointing a large group of experts to examine the relevant aspects of a possible IoT governance regime. In the meantime, however, the activities have been degraded. Nevertheless, even if the differences between the IoT and the Internet have been overestimated at the beginning, many elements of the IoT differ in part from the corresponding problems in the Internet. Therefore, an analysis of the major IoT governance issues (legitimacy, transparency, accountability, anticompetitive behavior) seems to be worthwhile to conduct.