English High Court decides that “making available” over the internet only occurs in the jurisdiction where the servers are based

The English High Court has considered the meaning of “making available to the public” by online transmission in the context of database rights and has determined that the act of making available is only committed in the country where the host server is located, and not the country where the material is accessed by the public.     

Planning for the succession of digital assets

Estate planners’ current strategies for the disposition of digital assets are quickly becoming out-dated. This is largely the result of ambiguities concerning proprietary rights of digital assets after death. When advising clients on how to plan for the succession of digital assets, it is important for estate planners to understand the nature of digital assets today and to recognize how these assets may evolve. In failing to take into account the evolving nature of digital assets, estate planners are liable to craft short-sighted and thus ineffective succession plans. As the popularity of digital executor businesses increases, estate planners ought to caution clients on their shortcomings. Additionally, legislatures must create statutes which outline the rights of individuals vis-à-vis online service providers.     

Who is better for handling domestic violence? A comparison between Taiwanese female and male Officers

This study examined Taiwanese female and male police officers’ perceptions of handling domestic violence. Specifically, it assessed officers’ attitudes toward whether female officers, male officers, or a combination of female and male officers are more suited for handling cases of battered women, offenders, and domestic violence overall. Survey data were collected from 96 female and 156 male officers from two police departments in Taiwan. Frequency distributions showed that a combination of male and female officers were most preferred by officers for handling abused women, offenders, and domestic violence overall. Regression analysis found that female officers were significantly more likely than male officers to favor a combination of male and female officers over female officers alone for handling battered women. Female officers were found to be more likely than male officers to favor male over female officers and a combination of male and female officers for handling offenders. Police supervisors’ attitudes toward domestic violence also influenced officers’ attitudes toward who is more suited for handling offenders. Implications for future research and policy are discussed.     

Supermax housing: Placement, duration, and time to reentry

Despite the growth in and debate about super-maximum security housing, there exist few studies of inmates’ experiences or placement in supermax incarceration. The lack of research on this new type of confinement assumes particular salience given criticisms that such confinement is excessive, that placement in it is arbitrary, and that it may have adverse effects on reentry into society. The goal of this article was to inform efforts to understand how supermax housing is used and to contribute to policy debates about this housing. To this end, it used data from the Florida Department of Corrections to investigate several dimensions of the supermax experience. These included the frequency of placement into supermax confinement, the duration of time spent in such confinement, and the timing of it relative to reentry back into society. In addition, the article explored factors, especially behavioral indicators, that may contribute to decisions to place inmates in supermaxes. The article concludes by discussing the study's findings and implications for research and policy.     

Sex offender residence restriction laws: Parental perceptions and public policy

Despite a steady decline in sex crime over the past twenty years, new laws, such as residence restrictions, targeting such crime have proliferated. Some scholars have argued that public concern about sexual offending against young children has served as a catalyst for the emergence of these laws. Few studies, however, have empirically tested this claim. To address this gap and to contribute to scholarship on public opinion about crime and justice, this research tests a central implication flowing from prior work—namely, the notion that people with children will be more likely to endorse increased restrictions on where sex offenders can live. Analyses of public opinion data from a 2006 poll of Florida residents suggest that parents are indeed significantly more likely to support such restrictions. Implications of the study for research and policy are discussed.     

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.     

Sustainable Development in Developing Countries: The Role of Social Entrepreneurs

Internationally, there has been a general trend towards crime prevention and community safety measures. The main policy ideas and instruments associated with this trend have spread widely in Western countries. This article examines the Swedish national crime prevention policy. As Sweden is a welfare society with a long tradition of social crime prevention, it is of great interest to explore to what extent the aforementioned trend has influenced its crime prevention policy. We do this by examining Sweden's national policy and how its concepts have spread to the local level—specifically, to municipalities and their local crime prevention councils. We find that there has been a preventive shift in Sweden, although not as far-reaching as in many other European countries. Substantial changes have occurred in the understanding and direction of crime prevention work, and the question is to what extent this development will continue.     

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.