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.     

Evaluation of Skin Surface as an Alternative Source of Reference DNA Samples: A Pilot Study

An acceptable area for collecting DNA reference sample is a part of the forensic DNA analysis development. The aim of this study was to evaluate skin surface cells (SSC) as an alternate source of reference DNA sample. From each volunteer (n = 10), six samples from skin surface areas (forearm and fingertips) and two traditional samples (blood and buccal cells) were collected. Genomic DNA was extracted and quantified then genotyped using standard techniques. The highest DNA concentration of SSC samples was collected using the tape/forearm method of collection (2.1 ng/μL). Cotton swabs moistened with ethanol yielded higher quantities of DNA than swabs moistened with salicylic acid, and it gave the highest percentage of full STR profiles (97%). This study supports the use of SSC as a noninvasive sampling technique and as a extremely useful source of DNA reference samples among certain cultures where the use of buccal swabs can be considered socially unacceptable.     

SHAIKH HASINA'S VISIT TO INDIA AND THE FUTURE OF INDO-BANGLADESH RELATIONS

Shaikh Hasina's crushing victory in the December 2008 Bangladesh elections opened a new chapter in her country's relations with Delhi. India had long wanted improvements in cooperation against terrorism and better access to the states of North East India, Bangladesh needed better cooperation over water resources and the trade imbalance. Shaikh Hasina's swift action against insurgent groups trying to operate against India from Bangladesh territory laid the foundations for her very successful visit to India in early 2010 which in turn set the framework for a better future relationship. But in the light of the hostility of many in Bangladesh to improved relations with India, the author examines the options for Indian policy makers. He concludes that the emphasis should be on achieving progress in areas outside security, where progress would be irreversible, while recognising that a real transformation of the relationship would be possible if Shaikh Hasina was able to win the next elections and secure a further term in office.     

Constructing the Nation’s Enemy: Hindutva,popular culture and the Muslim ‘other’ in Bollywood cinema

This paper aims to investigate how in contemporary India the process of ‘othering’ of the Muslim minority has been the product of politically motivated and manipulated majoritarian cultural assertiveness, reflected in the Hindu right’s clamour to underline the significance of drawing the geographic and cultural boundaries of what its ideologues call the Hindu nation. Situating cinema as a crucial distribution source of popular culture, the paper contends that Bollywood cinema has exhibited an overt bias towards producing films that capitulate to this radical nationalist discourse professed by the Hindutva ideologues. Making a discourse analysis of selected films produced by Bollywood since the 1990s, the premise of this contention is interrogated by examining how Hindi cinema’s portrayal of the image of Muslims has been carried out in a pejorative manner which stems from the strong grounding of its stories in a Hindu majoritarian setting. The paper concludes by arguing that, with such a penchant, Bollywood cinema has actively engaged in the politics of nationalism engendered by the right-wing neo-fundamentalist Hindutva movement.