An approach to minimizing legal and reputational risk in Red Team hacking exercises

Robust cyber-resilience depends on sound technical controls and testing of those controls in combination with rigorous cyber-security policies and practices. Increasingly, corporations and other organizations are seeking to test all of these, using methods more sophisticated than mere network penetration testing or other technical audit operations. More sophisticated organizations are also conducting so-called “Red Team” exercises, in which the organization tasks a small team of highly skilled and trained individuals to try to gain unauthorized access to physical and logical company assets and information. While such operations can have real value, they must be planned and conducted with great care in order to avoid violating the law or creating undue risk and reputational harm to the organization. This article explores these sometimes tricky issues, and offers practical risk-based guidance for organizations contemplating these types of exercises.     

Civil Asset Forfeiture Laws and Equitable Sharing Activity by the Police

Research Summary

For several decades, critics have argued that civil forfeiture laws create incentives for law enforcement to increase departmental revenue by “policing for profit.” By using data on federal equitable sharing payments to nearly 600 local law enforcement agencies between 2000 and 2012, we examine the relationship between the characteristics of state forfeiture laws and equitable sharing payments to local agencies. Our results indicate that agencies in states with state laws that are more restrictive or less rewarding to police collect more in federal equitable sharing. This finding supports the critics’ argument that police behavior in regard to forfeiture activities is influenced by the financial rewards and burdens involved.

Policy Implications

Our results reveal that the findings of investigative journalism and case study research, that is, that police forfeiture activities are influenced by financial rewards, may be more generalizable to law enforcement than previously thought. Despite recent state‐level reforms, federal equitable sharing and most state forfeiture laws provide limited due process protections and have minimal accountability or reporting requirements. Concerns about the impact of civil forfeiture practices on perceptions of procedural justice and police legitimacy are discussed, and possible policy reforms are reviewed.     

Processing Evidence and Drafting Judgments in International Criminal Trial Chambers

International criminal trials are usually very complex, lengthy and heavy on evidence. This complicates the Trial Chamber’s fact finding task and hampers its ability to issue a reasoned written judgment without undue delay. The present article examines the specific challenges of drafting an international criminal trial judgment, with the main focus being on mastering the huge amounts of evidence. It further provides practical recommendations on how to deal with these challenges.     

Disturbed sleep as a risk factor for aggression in prisoners with a psychotic illness: a brief report

The objective of the present study is to examine whether a relationship exists between disturbed sleep and aggression in 19 male prisoners with a psychotic illness, incarcerated in the Penitentiary Psychiatric Centre in Amsterdam, the Netherlands. The sleep–wake rhythm was indirectly assessed by means of actigraphy. The results show that nocturnal restlessness was a significant predictor of aggression/agitation with a large effect size (R^2?=?.639, adjusted R²?=?.536). It was concluded that future research should focus on nocturnal restlessness as a possible cause of aggression in this population.     

Resettle: a significant new step in an emerging pathway that manages risk and addresses need in high-risk personality disordered offenders on their release into the community

Abstract

This paper will describe an innovative UK service development, Resettle, which is designed to address the needs and risks of personality disordered offenders who are released into the community from prison and whose high risks of harm and re-offending are linked to their personality disorder (PD). All the cases worked with are subject to Multi-Agency Public Protection Arrangements (MAPPA). This non-residential, intensive community-based service is nationally funded jointly by the Department of Health and Ministry of Justice, originally as part of the Dangerous and Severe Personality Disorder (DSPD) programme for high-risk offenders. Resettle became operational in 2008. It is currently being independently evaluated via a randomised control trial that is due to complete in March 2013. Formal outcome data are, therefore, not yet available, however, the developing model of intervention based on experience and learning to date is described alongside the policy and service context for this area of work.     

Social anxiety and sexual offending against children: A cumulative meta-analysis

Abstract

We examined the extent to which sexual offenders against children (SOC) differ from men who do not offend against children (non-SOC) on social anxiety. In study 1, 30 SOC and 31 non-sex offenders (NSO) were compared on a self-report measure of social anxiety (Social Avoidance and Distress Scale; SADS). SOC and NSO had virtually identical levels of social anxiety. In study 2, we conducted a meta-analysis of existing comparisons of SOC with various non-SOC groups on the SADS. SOC were generally more socially anxious than non-SOC. These findings suggest that the average SOC is more socially anxious than the average male who does not sexually offend against children. It remains unclear, however, whether social anxiety plays a causal role in the initiation of child sexual abuse.     

Vulnerability among paupers: Determinants of individuals receiving poor relief in nineteenth-century northern Sweden

This study combines computerized parish registers with parish meeting records that account for individuals who received poor relief in the nineteenth-century Sundsvall region, Sweden. The combination of sources especially helps to explore the recipients who are overlooked in the literature or difficult to trace in historical data. Their demographic characteristics in relation to relief allocation and experiences prior to it are analyzed and show that they did not only share the occurrence of entitlement. Vast but insufficient family networks failed to give the recipients support to manage their distressed situation. Deaths and births of relatives jeopardized their capability to guarantee subsistence for them or their family, and so did also their gender and phase in the lifecycle. The multi-dimensional concept of vulnerability is employed to comprehend the dynamic determinants of poverty represented by individuals granted poor relief. It is argued that this concept has to be further developed but nevertheless helps to identify and stratify some of the vulnerabilities that characterized paupers in the past.     

A study of stranger rapists from the English high security hospitals

Abstract

Heterogeneity hinders our understanding of sexual violence; but does this problem extend to stranger rape and, if so, would the construction of homogeneous subtypes advance our understanding of this crime and aid criminal investigations and clinical practice? To answer these questions, 41 stranger rapists from the English high security hospitals were examined using version 3 of the Massachusetts Treatment Centre rapist typology (MTC:R3) and multidimensional scaling (MDS). The MTC:R3 suggested that sexual desire and opportunism were the primary motivations for these men, but that proportionately more psychopaths were violent and sadistic. In accordance with previous research, the men experienced problematic childhoods and displayed high rates of criminality and psychiatric morbidity in adulthood. However, MDS found that rapist histories and offence behaviours generally divide into sexual and violent themes. These results have important implications for theory, criminal investigations and clinical practice.     

Sharing the benefits of biodiversity the Kani TBGRI deal in Kerala,India

Abstract

The United Nations Convention on Biological Diversity (CBD) concluded at the Earth Summit in 1992, mandates that where utilisation of the knowledge, innovations and practices of local and indigenous communities leads to benefits, such benefits shall be equitably shared with the holders of such knowledge, innovations and practices. The study analyses some of the issues that have emerged in the context of a ‘benefit sharing exercise’ attempted by the Tropical Botanic Garden and Research Institute (TBGRI), a research institute based in Kerala, with the Kani tribals of Kerala, pursuant to the development of a pharmaceutical drug, based on the knowledge, information and natural resources that the Kanis have nurtured over many years.

As the case study illustrates, the debate on benefit sharing in the absence of other fundamental rights such as the rights to land, access to the resource and adequate governance structures becomes a limited and myopic exercise. A ‘fair and equitable benefit sharing mechanism’ would therefore call for certain basic pre‐conditions that will be discussed in the course of the study.     

Qualification and Disqualification in Rape Cases

Between 1946 and 1950, the police in Stockholm interrogated almost 150 men about their involvement in alleged rapes and attempted rapes. The results of these investigations eventually led to seventeen prosecutions and eleven convictions. It was not easy to convict someone of rape. However, a consequence of the way the court operated was also that only certain men could be convicted, only certain women regarded as reliable witness, and only certain kinds of attack regarded as plausible. The question of whether the alleged crime was considered possible to prove was dependent upon who reported whom for what. For the complainants it was a matter of qualifying for inclusion within the protection of the law. But what appeared as a rejection of someone's credibility, was in actual fact a result of a prior rejection of the individual's person and character. From the point of view of the legal system, some individuals were more fitted than others for the role of credible victim or likely offender. The sexually immoral woman and the man at the mercy of his sexuality were both in danger of having their credibility questioned: the former a poor victim and the latter all too suitable an offender.