Automated consent through privacy agents: Legal requirements and technical architecture

The changes imposed by new information technologies, especially pervasive computing and the Internet, require a deep reflection on the fundamental values underlying privacy and the best way to achieve their protection. The explicit consent of the data subject, which is a cornerstone of most data protection regulations, is a typical example of requirement which is very difficult to put into practice in the new world of “pervasive computing” where many data communications necessarily occur without the users' notice. In this paper, we argue that an architecture based on “Privacy Agents” can make privacy rights protection more effective, provided however that this architecture meets a number of legal requirements to ensure the validity of consent delivered through such Privacy Agents. We first present a legal analysis of consent considering successively (1) its nature; (2) its essential features (qualities and defects) and (3) its formal requirements. Then we draw the lessons of this legal analysis for the design of a valid architecture based on Privacy Agents. To conclude, we suggest an implementation of this architecture proposed in a multidisciplinary project involving lawyers and computer scientists.     

Public Support for Punishment and Progressive Criminal Justice Policy Preferences: The Role of Symbolic Racism and Negative Racial Stereotype

Prior studies have found that symbolic racism and negative African-American stereotypes are linked to public preferences for punitive criminal justice policy. But prior studies have mostly focused attention on White respondents and have not adequately examined whether the effects of symbolic racism and negative African American stereotypes are the same across race and ethnicity. This study used the 2000 American National Election Study data to fill this gap in the empirical literature. The study found that the effects of symbolic racism were broad and generally impact Whites, African-Americans, and members of other races/ethnicities the same. The effects of negative African-American stereotype were more limited. This variable predicted punishment policy preference for members of other races/ethnicities and there were significant differences in how stereotypes impacted policy preferences across race and ethnicity. Implications for theory are discussed.     

Precautionary and Proactionary as the New Right and the New Left of the Twenty-First Century Ideological Spectrum

Despite its specific origin in the seating arrangement of the French National Assembly after the revolution of 1789, the right–left divide of the ideological spectrum has proved remarkably resilient in anchoring public intellectual life for over two centuries. In this article, I argue that we are witnessing a 90° rotation of this ideological axis, resulting in a new set of poles, each of which combines elements of the old right–left divide. The ‘precautionary’ pole brings together the conservationist side of the right and the communitarian side of the left, whereas the ‘proactionary’ pole unites the libertarian side of the right and the technocratic side of the left. I prepare the ground for discussing these new alternatives with a consideration of the political theology of the old right–left divide, which ultimately turns on alternative visions of how the past determines the future. This ‘left’ basically holds that what is possible significantly exceeds what is probable, with liberals adopting an ‘antirealist’ and socialists a ‘realist’ stance towards the prospect of an optimal social order. Both the precautionary and proactionary poles of the new ideological spectrum are fixated on our attitude towards a future in which the ontological constitution of the polity (i.e. its ‘humanity’) is among the issue under contestation. In this emerging ideological conflict, more of which is transpiring in video than in print, the precautionaries are marked as more ‘risk-averse’ and the proactionaries more ‘risk-seeking’ than had been presumed to be the normal attitude in the modern welfare state.     

Children and Young People who have Sexually Harmful Behaviours: From Fixed to Transformative Risk Assessment

Risk, risk assessment and risk management have become central to contemporary policies and practices in criminal justice, with consequences for those who apply and receive such approaches. It has been argued that risk has been the key organising principle of contemporary correctional practice and offender management, and that actuarial risk in particular has taken on a hegemonic dominance that supersedes other models of governance, such as welfare and disciplinary forms of regulation. This article focuses on the construction and deployment of two assessment frameworks for young people with sexually harmful behaviour to illustrate the epistemological differences between a clinical/actuarial guided approach and that of constructing safety. It identifies current theorising about risk/technologies as being within a neo-liberal political and governance agenda and the opportunities for moving from a fixed to a transformative risk subject.

The development and application of a diatom-based quantitative reconstruction technique in forensic science

Diatoms are a group of unicellular algae that have been recorded and classified for over 200 years and have been used in a range of applications in forensic science. We have developed a quantitative diatom-based reconstruction technique to confirm drowning as a cause of death and localize the site of drowning in two recent, high-profile, case studies. In both case studies we collected diatom samples from the local and/or regional area to act as a control in the examination of diatom assemblages associated with lungs and clothing. In Case Study 1 the modern analog technique suggested that all lung and clothing samples have statistically significant similarities to control samples from shallow water habitats. In Case Study 2, the analog matching suggested that the majority of lung samples show a statistically significant relationship to samples from a pond, indicating that this was the drowning medium.     

History of spouse violence against mother: Correlated risks and unique effects in child mental health

The present study examined mental health risk associated with lifetime occurrence of spouse violence against mother among 303 10 to 12 year-old inner-city children. Maternal report data showed a 30% prevalence rate for lifetime occurrence of spouse violence in this sample. Results of correlational analyses indicated that violence against mother was associated with several other historical risk factors including divorce, parental drinking problems, and incarceration of father. Multiple regression analyses controlling for the effects of demographic and historical risk factors that correlated with violence against mother revealed that violence accounted for significant unique variance in girls' self-reports of conduct problems, but did not account for unique variance in boys' symptomatology. Implications of these results for understanding the effects of violence against mother on children and for the development of empirically based interventions for children in those families are discussed.     

Does rain help the Republicans? Theory and evidence on turnout and the vote

Conventional political wisdom holds that inclement weather on election day reduces turnout, and helps elect Republican candidates. Analysis of National Climatic Data Center weather records and National Election Studies (NES) survey data for 1984, 1986, and 1988 refutes the latter hypothesis: interaction variables based on various measures of partisanship and election-day rainfall show no evidence of partisan differences in the turnout-deterring impact of inclement weather. Furthermore, rainfall does not significantly reduce the probability of voting for the NES samples as a whole, but only among those respondents scoring low on the standard NES civic duty indicator.