The 2013 CLSR-LSPI seminar on electronic identity: The global challenge – Presented at the 8th International Conference on Legal,Security and Privacy issues in IT Law (LSPI) November 11–15, 2013, Tilleke & Gibbins International Ltd., Bangkok,Thailand

We are the middle of a global identity crisis. New notions of identity are made possible in the online world where people eagerly share their personal data and leave ‘digital footprints’. Multiple, partial identities emerge distributed across cyberspace divorced from the physical person. The representation of personal characteristics in data sets, together with developing technologies and systems for identity management, in turn change how we are identified. Trustworthy means of electronic identification is now a key issue for business, governments and individuals in the fight against online identity crime. Yet, along with the increasing economic value of digital identity, there are also risks of identity misuse by organisations that mine large data sets for commercial purposes and in some cases by governments. Data proliferation and the non-transparency of processing practices make it impossible for the individual to track and police their use. Potential risks encompass not only threats to our privacy, but also knowledge-engineering that can falsify digital profiles attributed to us with harmful consequences. This panel session will address some of the big challenges around identity in the digital age and what they mean for policy and law (its regulation and protection). Questions for discussion include: What does identity mean today? What types of legal solutions are fit for purpose to protect modern identity interests? What rights, obligations and responsibilities should be associated with our digital identities? Should identity management be regulated and who should be held liable and for what? What should be the role of private and public sectors in identity assurance schemes? What are the global drivers of identity policies? How can due process be ensured where automated technologies affect the rights and concerns of citizens? How can individuals be more empowered to control their identity data and give informed consent to its use? How are biometrics and location-tracking devices used in body surveillance changing the identity landscape?     

Legal Representation in the Juvenile Dependency System: Travis County,Texas’ Parent Representation Pilot Project

This study examines outcomes related to a parent representation pilot program in Travis County, Texas. Participation in the pilot program was related to earlier attorney appointment, a higher percentage of attorney presence across the life of the case, and a higher percentage of permanent outcomes for children. Parents’ percentage of presence at hearings across the life of the case was related to the child being returned home, dismissal of the juvenile dependency petition, and permanent management conservatorship. Early attorney appointment (i.e., less than 10 days from the initial hearing to full appointment) was related to permanent case outcomes.     

The WTO's Environmental Progress

The linkage between trade and the environment stands out asan important challenge in global economic governance. Over thepast decade, the WTO devoted considerable attention to thisissue and included it on the agenda of the Doha Round. In parallel,the jurisprudence on trade and the environment has experiencedsignificant advances. This study provides an overview of themain institutional changes at the WTO and of the developmentsin the jurisprudence most relevant to the interaction betweenthe environment and trade. Specifically, this study focuseson General Agreement on Tariffs and Trade (GATT) Article XXand takes note of many positive (and a few negative) featuresof the key Appellate Body decisions.     

Self-Defense, Punishing Unjust Combatants and Justice in War

Some contemporary Just War theorists, like Jeff McMahan, have recently built upon an individual right of self-defense to articulate moral rules of war that are at odds with commonly accepted views. For instance, they argue that in principle combatants who fight on the unjust side ought to be liable to punishment on that basis alone. Also, they reject the conclusion that combatants fighting on both sides are morally equal. In this paper, I argue that these theorists overextend their self-defense analysis when it comes to the punishment of unjust combatants, and I show how in an important sense just and unjust combatants are morally equal. I contend that the individualistic and quid pro quo perspective of the self-defense analysis fails to consider properly how the international community, morally speaking, ought to treat combatants, and I set forth four elements of justice applicable to war, which, together, support the conclusion that in principle the international community should not take on the activity of punishing combatants solely for fighting on the unjust side.     

Predictors of sex offender treatment dropout: psychopathy,sex offender risk,and responsivity implications

Abstract

We examined sex offender treatment dropout predictors, in particular, the relationship of psychopathy and sex offender risk to treatment dropout in a sample of 154 federally incarcerated sex offenders treated in a high intensity sex offender treatment program. Demographic, criminal history, mental health and treatment-related data as well as data on risk assessment measures including the Static 99, Violence Risk Scale – Sexual Offender version (VRS-SO), and Psychopathy Checklist – Revised (PCL-R) were collected. Logistic regression and discriminant function analyses were used to identify predictors that made significant and unique contributions to dropout among all the variables under study. The Emotional facet of Factor 1 of the PCL-R and never being married were found to be the most salient predictors of treatment dropout and correctly identified about 70% of the cases. The implications of the findings for managing treatment dropout and for the treatment of psychopathic offenders are discussed.