From porn to cybersecurity passing by copyright: How mass surveillance technologies are gaining legitimacy … The case of deep packet inspection technologies

Recent coverage in the press regarding large-scale passive pervasive network monitoring by various state and government agencies has increased interest in both the legal and technical issues surrounding such operations. The monitoring may take the form of which systems (and thus potentially which people) are communicating with which other systems, commonly referred to as the metadata for a communication, or it may go further and look into the content of the traffic being exchanged over the network. In particular the monitoring may rely upon the implementation of Deep Packet Inspection (DPI) technologies. These technologies are able to make anything that happens on a network visible and recordable. While in practice the sheer volume of traffic passing through a DPI system may make it impractical to record all network data, if the system systematically records certain types of traffic, or looks for specific patterns in all traffic, the privacy concerns are highly significant. The aim of this paper is twofold: first, to show that despite the increasing public awareness in relation to the capabilities of Internet service providers (ISPs), a cross-field and comparative examination shows that DPI technologies are in fact progressively gaining legal legitimacy; second to stress the need to rethink the relationship between data protection law and the right to private life, as enshrined in Article 8 of the European Convention on human rights and Article 7 of the European Charter of fundamental rights, in order to adequately confine DPI practices. As a result, it will also appear that the principle of technical neutrality underlying ISP's liability exemptions is misleading.     

Beyond trips: Why the wto‘s Doha Round is unhealthy

The current round of World Trade Organization (wto) negotiations—the Doha Round—has significant implications for global health which have received insufficient attention from the global health community. All too often the health implications of global trade agreements are examined only after their conclusion, and are concerned only with intellectual property rights. This paper seeks to move beyond this narrow focus and elucidate the wider health implications of the Doha Round. It explores the negative effect of the Round on state capacity to provide and regulate health services in low-income countries, and the impact it will have on livelihoods among the poor and their ability to access health services. Overall the paper makes the case for greater engagement from the health community with the wto and the Doha Round negotiations beyond the customary focus on intellectual property rights.     

A Rare Case of Poisoning with a Volatile Substance: Quantitative Determination of n‐Butane in Postmortem Tissue

Poisoning with volatile substances remains exceptional. Authors report the case of a married couple who were found in a car with a butane gas bottle: the woman was dead and her husband alleged it was an unsuccessful suicide pact. A specific research of volatile substances on postmortem samples with headspace gas chromatography–mass spectrometry following a quantitative determination was performed. The n‐butane concentrations detected were composed of 610 μg/L (cardiac blood), 50 μg/kg (brain), 134 μg/kg (lungs), 285 μg/kg (liver), and 4090 μg/kg (heart) and were compatible with the rare lethal concentrations evoked in the literature. The cause of death was determined to be asphyxiation through n‐butane criminal poisoning. Authors recommendation therefore is to take samples immediately and place them in properly sealed containers and hence analyzing the samples as soon as possible after collecting them or storing them under ?30°C (?22°F) if analyses cannot be performed immediately.     

LIFE BEYOND LIFE – An Easy Way to Derive Lung Fibroblasts from Cadavers

Several protocols have illustrated the possibility of deriving cells, such as fibroblasts, from different organs. These techniques generally concern organs sampled from living persons, but have already been described for cadavers, especially concerning the skin and tendons. We present, for the first time, an easy way to derive pulmonary fibroblasts from a lung tissue sampled from a cadaver and directly culture plated. The fibroblast output was checked daily. We obtained lung fibroblasts from 3 (60%) cadavers and 2 (100%) living persons. The fibroblast output took about 3 days for cells from living persons and took up to 39 days for those from cadavers. We did not clearly identify any parameters that could explain these differences. Nevertheless, these derived cells had the same features as the source cells, especially in terms of morphology and proliferation, and could potentially be used in different research domains such as forensic or regeneration medicine.     

An academic perspective on the copyright reform

The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed “the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter.” The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls.We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union.In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself.Our conclusions are:1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts.2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect.We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.     

Risk assessment in offenders with mental disorders: relative efficacy of personal demographic, criminal history, and clinical variables

Following the meta-analysis by Bonta, Law, and Hanson, (1998) this study examined the ability of personal demographic, criminal history, and clinical variables to predict reoffending in offenders in the United Kingdom who had mental disorders. The efficacy of each variable in predicting rate of general reoffending and violent reoffending was investigated. Age on admission, number of days hospitalized, and number of previous offenses were the most effective variables in predicting re-offending, with number of previous offenses being the strongest predictor. Clinical diagnosis was not predictive of reoffending when the variance attributable to these other predictors was controlled for. None of the variables were able to discriminate between general offenders and violent offenders indicating that the same variables predict both types of reoffending. The results showed that reconviction in offenders with mental disorders can be predicted using the same criminogenic variables that are predictive in offenders without mental disorders.     

Arbeiterbewegung von rechts? Motive und Grenzen einer imaginären Revolte

The article examines populist and völkisch orientations of unionized workers, some of them active members of workers’ councils. It empirically shows how, in respondents’ everyday consciousness, protest motifs are intermingled with an ethnicized view of the social question. Völkisch populism can be interpreted as a Polanyi-type movement that is motivated by problems generated by post-growth capitalism, presenting itself as a venture to give back power to the people. Its revolt remains an imaginary one, though, for, ultimately in accordance with existing power relations, it aims at reconstructing an irretrievable past. Our empirical results keep a distance from monocausal explanations, though call to mind issues of class that have long been neglected. As workers perceive the current distribution of wealth as unjust, yet don’t believe in any possibility for change, they are spontaneously inclined to redefine existing top-down conflicts into inclusion-exclusion types. Professional right-wing populists take up and aggravate this tendency of exclusive solidarity and thereby pose a serious challenge for the unions as well as for democratic civil societies.