Relational geographies of cyberterrorism and cyberwar

Cyberterrorism is an increasingly pervasive term in the mainstream media; however, its definition remains vague at best. As the use of information technology continues to expand, the real and virtual worlds are evermore entwined, including the use of such technology for military purposes. Contemporary work in border studies explains the growing permeability of state borders. Inspired by the works of Paul Virilio, this paper holds that cyberattacks exemplify the increasingly relational quality of war. Case studies of China, Iran, North Korea, Syria and Russia are offered to illustrate this trend.     

Subnational Responses to Fracking in Canada: Explaining Saskatchewan's “Wild West” Regulatory Approach

This article assesses the regulatory response to fracking by Saskatchewan, Canada's second largest oil‐producing province. Public officials and industry representatives claim fracking regulations are “comprehensive” and “robust”; however, there has been no comparative assessment of this claim. To address this gap, we outline the dominant regulatory pathways of U.S. states and Canadian provinces, ranging from applying existing regulations with minimal revisions, to enacting broader revisions or bans. We account for this variation using a framework from Davis ( 2012 ) emphasizing governments’ dependence on the oil sector, the level of support for fracking among elected officials and policy makers, and the influence of key “constituencies.” The article then traces the growth and impact of fracking in Saskatchewan and analyzes new trends in the province's regulation of fracking. Given the province's application of existing regulations with minimal revisions and active weakening of enforcement, we identify Saskatchewan as taking Rabe and Borick's ( 2013 ) “conventional” regulatory approach, typical of Davis's “energy dominant” states.     

The impact of judge–defendant communication on mental health court outcomes

Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge–defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside websites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Can text messages reduce incarceration in rural and vulnerable populations?

Reducing failures to appear (FTA) in court is a top priority for criminal justice practitioners and advocates. However, existing work on reducing FTAs through text message reminders focuses on large urban jurisdictions and defendants who are housed. Using a field study in Shasta County, California, we evaluate whether text message outreach can increase court appearances for housed and unhoused populations. We find housed defendants randomly assigned to the treatment group were 10% less likely to miss their next scheduled court date than defendants in the control group. We find no statistical difference in the FTA rate of unhoused individuals assigned to treatment or control groups, and cannot rule out large positive or negative effects. We find that improving the quality of contact information in court records could lead to large reductions in FTAs. Partnering with local social service providers may not, but more research is needed.     

Assessing nation-state-sponsored cyberattacks using aspects of Situational Crime Prevention

Research Summary

This study utilized a quantitative analysis of 246 cyberattack incidents reported in the Extremist CyberCrime Database to identify significant predictors of nation-state-sponsored cyberattacks relative to those performed by non-nation-state-sponsored ideological actors. Clarke and Newman's Situational Crime Prevention framework for terrorism was used to identify differential opportunities to successfully affect targets on the basis of tools, weapons, and the ability to access targets in online settings. The analysis noted nation-state-sponsored attacks were less likely to use high-visibility attack methods and more likely to utilize attack methods leading to data breaches. In addition, they were more likely to target state governments and military entities relative to ideological actors.

Policy Implications

Nation-state attacks are more difficult to identify or mitigate while in process, requiring a more robust national cybersecurity policy framework to be implemented that moves beyond current practices. There is a need to better utilize all aspects of government, from legislation to grant funding, in order to deter cyberattacks from continuing into the future.