Digital Realism and the Governance of Spam as Cybercrime

Spamming is a major threat to the formation of public trust in the Internet and discourages broader civil participation in the emerging information society. To the individual, spams are usually little more than a nuisance, but collectively they expose Internet users to a panoply of new risks while threatening the communications and commercial infrastructure. Spamming also raises important questions of criminological interest. On the one hand it is an example of a pure cybercrime – a harmful behaviour mediated by the Internet that is the subject of criminal law, while on the other hand, it is a behaviour that has in practice been most effectively contained technologically by the manipulation of ‘code’ – but at what cost? Because there is not an agreed meaning as to what constitutes ‘online order’ that renders it simply and uncritically reducible to a set of formulae and algorithms that can be subsequently imposed (surreptitiously) by technological processes. The imposition of order online, as it is offline, needs to be subject to critical discussion and also checks and balances that have their origins in the authority of law. This article deconstructs and analyses spamming behaviour, before exploring the boundaries between law and code (technology) as governance in order to inform and stimulate the debate over the embedding of cybercrime prevention policy within the code itself.     

Sexual and nonsexual offenders with intellectual and learning disabilities: a comparison of characteristics, referral patterns, and outcome

This article reports an evaluation of a community intellectual disability offender service over the period from 1990 to 2001. Men who committed sex offenses or sexually abusive incidents (n = 106) and men who committed other types of offenses and serious incidents (n = 78) are compared on personal characteristics, referral sources, forensic details, and outcome up to 7 years after referral. The cohorts are older than one would expect from the criminology literature, and, at about 33%, the incidence of mental illness is consistent with some previous studies. A greater proportion of sex offenders had criminal justice involvement and a formal disposal from court. Fire raising was not overly represented as an offense. There was a higher rate of reoffending in the nonsexual cohort, which persisted up to 7 years. Investigating only reoffenders, there was a considerable amount of harm reduction recorded up to 7 years, statistically significant up to 5 years following initial referral.     

The epidemiology of female rape victims who seek immediate medical care: temporal trends in the incidence of sexual assault and acquaintance rape

Women who seek medical care following sexual assault are usually evaluated and treated in an emergency department (ED). Therefore, EDs can be an important source of sexual assault surveillance data. The authors compared the incidence of sexual assault presenting for emergency care in a single county during July to November of 1974 and 1991. Participants included all female sexual assault victims aged 14 and older who presented for ED evaluation. Treating physicians prospectively collected data using standardized forms. The z statistic was used to compare sexual assault incidence. There was a 60% increase in the incidence of sexual assault victims presenting for emergency care in 1991 compared to 1974, primarily due to an increase in the incidence of women presenting to the ED after rapes by known assailants. In contrast, the annual incidence of reported stranger assaults was similar in the two study years.     

The Indiana University Advanced Research and Technology Institute: A Case Study

The Indiana University Advanced Research and Technology Institute (ARTI) is the technology transfer organ of the Indiana University system. ARTIs structure is complex, and has been dynamic since its creation in 1996. This complexity stems in part from the diversity represented by the Indiana University system and from competing interests within the university itself. In addition to the intrinsic value of higher education, the university has the potential to add substantial value to Indianas economic landscape through technology transfer, economic development initiatives and the resulting job creation, but realizing that potential will require effectively leveraging a disconnected network including the IU campuses and critical capabilities contributed by the states other world class institutions. This paper reviews the formation of ARTI, a discussion of its structure and evolving mission, recent initiatives and some possible metrics for technology transfer initiatives.     

A comparison of nonviolent, psychologically violent, and physically violent male college daters

This brief report explores dating violence by comparing three groups of male college students (nonabusive, psychologically abusive only, and physically abusive). These men were compared on measures of impulsivity, problems with alcohol, life satisfaction, anger management skills, history of witnessing abuse, history of experiencing abuse, and relationship satisfaction. Data for this analysis were obtained from a sample of 115 male college students. Differences between the three groups of men were found in the levels of problems with alcohol, relationship satisfaction, and anger management skills. Anger management skills best differentiated the three groups of men leading to the conclusion that dating violence prevention and intervention strategies with male college students should address anger management skills.     

Minors' rights to consent to treatment: navigating the complexity of State laws

State laws recognize that a competent adult patient has the right to consent to or refuse medical treatment. While the law is clear with regard to the right of competent adults, state statutes are more complicated when the patient is a minor. While the law should, and does, attempt to balance the rights and obligations of parents and guardians against the access and privacy rights of minors, complicated state statutory schemes often fail to simultaneously address those contrasting goals in a consistent and uniform manner. The result is a confusing set of seemingly arbitrary and sometimes conflicting provisions that require the detailed attention of healthcare providers to ensure legal compliance. With the aim of helping healthcare practitioners meet their legal obligations, this Article examines state laws governing minor's consent rights byfocusing on the instances in which a minor's parent, guardian, or other authorized adult is permitted to consent to treatment on behalf of a minor and the instances in which a minor is authorized to act independent of adult intervention.     

The International Criminal Court and the Control of State Crime: Prospects and Problems

Over the past two decades, crimes committed by nation states has received strong theoretical and empirical attention from critical criminologists. Much of this work has highlighted the lack of internal and external mechanisms to control such injurious behavior. Potentially, this has now changed. In the summer of 1998, delegates from nearly 140 countries created the Rome Statute establishing the International Criminal Court (ICC). Entering into force in the summer of 2002, the ICC has unprecedented international jurisdiction over the crimes of genocide, war, aggression, and those against humanity. This paper provides a brief history of international law and attempts to develop an ICC. It then examines the functioning and structure of the ICC as established in the Rome Statute. We then proceed to analyze the potential which the ICC posses to control state criminality. Our analysis concludes with discussions of how the ICC might be modified to better act as a deterrent to such offending.     

Caribbean: Regional support for HIV/AIDS law and policy reform

In this article, David Patterson describes the second regional training workshop on HIV/AIDS, law, ethics, and human rights, which took place in Georgetown, Guyana in November 2003; and a grant from the Global Fund to Fight HIV/AIDS, Tuberculosis and Malaria (the Global Fund) to the Pan Caribbean Partnership against HIV/AIDS (PANCAP). The grant focuses on human rights, prevention, and care and support.     

The co-regulation of medical discipline: challenging medical peer review

The medical profession has always fiercely defended its right to self-regulation on the basis of peer review. However, in New South Wales, Australia, the profession has willingly surrendered these rights in favour of a disciplinary system known as co-regulation or collaborative regulation, under which disciplinary processes are shared with a "lay" body, the Health Care Complaints Commission. The system constitutes a unique situation in the history of medical regulation. This article examines the origin and operations of co-regulation and comes to the conclusion that its successful operation over the last decade raises questions about whether peer review is indispensable as the basis of medical regulation.