Trust in digital records: An increasingly cloudy legal area

Trust has been defined in many ways, but at its core it involves acting without the knowledge needed to act. Trust in records depends on four types of knowledge about the creator or custodian of the records: reputation, past performance, competence, and the assurance of confidence in future performance. For over half a century society has been developing and adopting new computer technologies for business and communications in both the public and private realm. Frameworks for establishing trust have developed as technology has progressed. Today, individuals and organizations are increasingly saving and accessing records in cloud computing infrastructures, where we cannot assess our trust in records solely on the four types of knowledge used in the past. Drawing on research conducted at the University of British Columbia into the nature of digital records and their trustworthiness, this article presents the conceptual archival and digital forensic frameworks of trust in records and data, and explores the common law legal framework within which questions of trust in documentary evidence are being tested. Issues and challenges specific to cloud computing are introduced.     

Nature and consequences of dismissals: Implications for public safety and crime prevention in criminal courts in America

The role of dismissal as a major case disposition in criminal courts in America has been largely neglected in empirical studies to date, despite long-lasting questions about its nature and important implications for justice goals. This paper is a first attempt to fill in this gap.

Purpose

Drawing on untested assumptions about a possible dismissal-reoffending connection, the paper proposes a public safety framework for examining the nature of dismissals and their consequences for the community. Under this perspective, dismissal is a function of defendants’ risk attributes and contributes to subsequent public safety threat.

Methods

To test these hypotheses, predictive and causal analyses were conducted on an 800-case sample of criminal defendants in one large urban American jurisdiction, Philadelphia, Pennsylvania. Cases were sampled at the first judicial stage and followed as a cohort for one year to record disposition and post-disposition outcomes.

Results

The findings indicate that defendants’ risk attributes contribute to the explanation of dismissal and that dismissal in itself adds to the probability of subsequent offending.

Conclusions

The findings raise questions about the justice system goals, particularly deterrence and have important policy implications for the processing and disposition of criminal cases in American jurisdictions.     

Preemption, Unilateralism, and Hegemony: The American Tradition?

Historian John Lewis Gaddis has found precedent for the current war on terror in early American history, arguing that the British burning of the capitol in 1814 had an impact on defense policy similar to the terrorist attacks of 9/11, leading to an emphasis on preemption. In basic respects, Gaddis restates the consensus among diplomatic historians that the early republic's foreign policy focused on preemption, unilateralism, and hegemony. But these depictions of early American diplomacy conflate separate eras and ignore an opposing tradition that was more moderate and principled. They are not without some truth, but their imperious sway in histories of our country needs to be checked and balanced.     

Premature or stillborn? – The recent challenge to the Digital Economy Act

The High Court has recently delivered judgment on the judicial review of the Digital Economy Act 2010 (DEA) and the draft Costs Order¹ on application by BT and Talktalk.² Mr Justice Kenneth Parker rejected the application on all but one ground (one aspect of the cost sharing arrangement). See: The Queen on the Application of British Telecommunications Plc, Talktalk Telecom Group Plc v The Secretary of State for Business, Innovation and Skills [2011] EWHC 1021 (Admin), Judgment of 20. April 2011.     

Prisoner Dilemmas: The American Obsession with POWs and Hostages

For centuries, the issue of American hostages and POWs has had incredible emotional and political resonance. Driven by a combination of idealism, wrath, and concerns over reputation, the status of captive Americans can become a national obsession. While deeply moral in many respects, this intense focus can encourage risky rescue operations, deepen conflicts, and lead to more Americans being captured abroad. Jimmy Carter and Ronald Reagan both suffered grave political damage from hostage crises, and the recent capture of an American by Somali pirates highlights the continued danger that a hostage crisis could overshadow the presidency of Barack Obama. U.S. officials should publicly downplay the issue of hostages and POWs, and work quietly behind the scenes to free the men and women concerned.