POSTAL 2 plays in US court - Schwarzenegger v. Entertainment Merchants Association

In an unprecedented legal development, the case of violence in video games has now reached the highest American court. The US Supreme Court is set to decide whether states can restrict minors from buying violent video games in the case of Schwarzenegger v. Entertainment Merchants Association. The decision could have serious implications on the future of First Amendment rights and children’s ’welfare. To resolve Schwarzenegger, the Justices will need to decide how much First Amendment protection should be extended to violent video games and whether minors have a greater constitutional right to violence than they do to obscenity.     

Setting the stage: Arnold Schwarzenegger and video games prepare for battle in the United States Supreme Court

Video games often feature a character that evolves into an iconic superhero. In a strange twist of fate, the video game medium will have the opportunity to become a superhero itself. The recording, comic book, and movie industries have rallied around video games as the case of Arnold Schwarzenegger vs. Entertainment Merchants Association and Entertainment Software Association reaches the Supreme Court of the United States. The case concerns a 2005 California ban on the sale of violent video games to minors. The law was later overturned by the District Court and the 9th Circuit Court on appeal. At issue is whether the law violates the First Amendment of the Constitution. Do video games deserve the full protection of the Constitution as a legitimate form of speech, or should it be limited due to its alleged effects on the psychological well-being of minors? This Article will look at the impact this case may have when it reaches the Supreme Court, an analysis of the issues that will be argued, and the history of legislation involving violent video games.     

Are Internet protocol addresses personal data? The fight against online copyright infringement

Internet Protocol addresses [IP addresses] are central for Internet electronic communications. They individualize computers and their users to make the delivery of data packets possible. IP addresses are also often used to identify websurfers for litigation purposes. In particular, they constitute a key in the fight against online copyright infringement to identify infringers. However, it is a matter of dispute to know if IP addresses are personal data. In a review of relevant case law, the present paper seeks to identify when IP addresses are - or should be - considered as personal data. It suggests a contextual approach to the concept of personal data.     

The Eurozone Crisis as a Challenge to Democracy and Integration in Europe

This article explores how both the sovereign debt crisis and the European Union's response illustrate fundamental characteristics of contemporary European integration. In the face of an unexpected emergency, national politicians took the lead and pressed ahead with more integration. The long-term results though depend on national acceptance of not just the bailout provisions but also enforcement of debt brakes mandated by the new EU treaty. This means democratic politics at the national level will continue to have a fundamental influence on EU affairs, while the North/South split will co-exist alongside a more marked separation between countries inside and outside the Eurozone. In this context of increased political turbulence within the EU, there is likely to be only a limited window of opportunity for successful negotiation of a free-trade deal with the United States.     

Europe after the U.S. Pivot

Insofar as Europe's security and cohesion have for decades been premised upon a strong American political and strategic engagement, Washington's intention to “rebalance” to Asia casts a shadow over the sustainability of a stable and coherent geopolitical order on the continent. This article argues that as the United States seeks to rebalance strategically towards the Asia-Pacific region a number of “indigenous” geopolitical trends are becoming increasingly important in Europe: an Anglo-French entente for a “maritime” Europe, a German-French “continental” project of economic and political integration, and Russia's resurgence across Europe's East. The growing prominence of competing geopolitical visions for Europe might even call into question the cohesion and direction of the institutional expressions of the U.S.- engineered Western order in Europe, namely the Atlantic Alliance and the European Union. Increasing geopolitical and institutional contestation, we contend, pose a number of challenges for both U.S. interests and European security.     

‘Unlawful Combatants’: The West's Treatment of Irregular Fighters in the ‘War on Terror’

The West's treatment of irregular fighters in the “war on terror” was highly problematic. This article contends that we must look beyond the assumption that political and strategic considerations compromised the law and led to the “invention” of the category of the “unlawful combatant.” Rather, the law of armed conflict itself includes strong exclusionary mechanisms towards irregular fighters. These exclusionary strands in the law came to dominate the West's strategic decision-making on the treatment of irregular fighters. Moreover, the fact that irregular fighters became such a vital issue post-9/11 was not a result of the war on terror being a new kind of war, as has often been argued. Rather, this article suggests that it reflects an identity crisis of the West's regular armed forces at the start of the twenty-first century.     

Non-Western Threats and the Social Sciences

As the Department of Defense strives to take the social sciences more seriously in the face of threats emanating from the non-West, it confronts several challenges. Among them, we Westerners cannot model non-Western minds. Nor can we devise a methodology that will accurately capture contingency. We may already be doing our “scientific” best with “pattern of life” targeting. Consequently, DoD should invest more heavily in individuals who already have an affinity for, and interest in, the non-West and who show promise as future commanders and talented analysts rather than spend large sums on trying to devise more comprehensive models, methodologies, and metrics.     

Why Methods Matter in European Legal Scholarship

Both in the United States and in Europe, there is a debate on methodology in legal research. Doctrinalists and multidisciplinarians appear to be in different camps fighting over the ‘true nature’ of legal scholarship. We wonder where this renewed attention for methodology is coming from and what is behind it. Should European legal scholars follow certain colleagues in the United States who believe that doctrinal research is dead and should we all engage in law and … research now? If not, does this imply that there is nothing wrong with mainstream European doctrinal legal scholarship? We believe the latter is not the case. Our hypothesis is that an ongoing instrumentalisation of law and legal research decreases the attention for methodology, for theory building, and for keeping enough professional distance to one's object of research. This threatens to result in a creeping process of herd behaviour, in copy pasting the methodology of judicial lawmaking to legal scholarship and in a lack of transparency and methodological justification in scholarly legal publications. What is desperately needed is more reflection on methodology and theory building in European legal scholarship.     

A walk in to the cloud and cloudy it remains: The challenges and prospects of ‘processing’ and ‘transferring’ personal data

Cloud computing is an information technology technique that promises greater efficiency and reduced-cost to consumers, businesses and public institutions. However, to the extent it has brought better efficiency and minimal cost, the emergence of cloud computing has posed a significant regulatory challenge on the application of data protection rules particularly on the regime regulating cross-border data flow. The Data Protection Directive (DPD), which dates back to 1995, is at odds with some of the basic technological and business-related features of the cloud. As a result, it is claimed that the Directive hardly offers any help in using the legal bases to ‘process’ and ‘transfer’ data as well as to determine when a transfer to a third country occurs in cloud computing. Despite such assertions, the paper argues that the ECJ's Bodil Lindqvist decision can to a certain extent help to delineate circumstances where transfer should and should not occur in the cloud. Concomitantly, the paper demonstrates that controllers can still make the most of the available possibilities in justifying their ‘processing’ as well as ‘transferring’ of data to a third country in cloud arrangements. In doing so, the paper also portrays the challenges that arise down the road. All legal perspectives are largely drawn from EU level though examples are given from member states and other jurisdictions when relevant.     

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.