998 resultados para cyber-law


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Many aspects of our modern society now have either a direct or implicit dependence upon information technology. As such, a compromise of the availability or integrity in relation to these systems (which may encompass such diverse domains as banking, government, health care, and law enforcement) could have dramatic consequences from a societal perspective. These key systems are often referred to as critical infrastructure. Critical infrastructure can consist of corporate information systems or systems that control key industrial processes; these specific systems are referred to as ICS (Industry Control Systems) systems. ICS systems have devolved since the 1960s from standalone systems to networked architectures that communicate across large distances, utilise wireless network and can be controlled via the Internet. ICS systems form part of many countries’ key critical infrastructure, including Australia. They are used to remotely monitor and control the delivery of essential services and products, such as electricity, gas, water, waste treatment and transport systems. The need for security measures within these systems was not anticipated in the early development stages as they were designed to be closed systems and not open systems to be accessible via the Internet. We are also seeing these ICS and their supporting systems being integrated into organisational corporate systems.

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In recent years, the European Union has come to view cyber security, and in particular, cyber crime as one of the most relevant challenges to the completion of its Area of Freedom, Security and Justice. Given European societies’ increased reliance on borderless and decentralized information technologies, this sector of activity has been identified as an easy target for actors such as organised criminals, hacktivists or terrorist networks. Such analysis has been accompanied by EU calls to step up the fight against unlawful online activities, namely through increased cooperation among law enforcement authorities (both national and extra- communitarian), the approximation of legislations, and public- private partnerships. Although EU initiatives in this field have, so far, been characterized by a lack of interconnection and an integrated strategy, there has been, since the mid- 2000s, an attempt to develop a more cohesive and coordinated policy. An important part of this policy is connected to the activities of Europol, which have come to assume a central role in the coordination of intelligence gathering and analysis of cyber crime. The European Cybercrime Center (EC3), which will become operational within Europol in January 2013, is regarded, in particular, as a focal point of the EU’s fight against this phenomenon. Bearing this background in mind, the present article wishes to understand the role of Europol in the development of a European policy to counter the illegal use of the internet. The article proposes to reach this objective by analyzing, through the theoretical lenses of experimental governance, the evolution of this agency’s activities in the area of cyber crime and cyber security, its positioning as an expert in the field, and the consequences for the way this policy is currently developing and is expected to develop in the near future.

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Despite significant concern among policy, law enforcement and intelligence communities in the United States (U.S.) over the possible spread of radical Islamist thought throughout the world as part of a global jihad movement, there has been little investigation into the growing cyber networks in Latin America that promote strong anti-Semitic and anti-U.S. messages. This paper offers an overview of that network, focusing on the structure of Shi’ite websites that promote not only religious conversion but are also supportive of Iran -- a designated State-sponsor of terrorism – its nuclear program. Hezbollah, and the “Bolivarian revolution” led by Venezuelan President Hugo Chávez and his allies in Bolivia, Ecuador and Nicaragua. There is also a smaller group of Sunni Muslim websites, mostly tied to the legacy organizations of the Muslim Brotherhood. Many of the Shi’ite websites are linked to each other consistently portray Israel as a Nazi State, and the United States as an imperialist war monger. The Palestinian issue is frequently juxtaposed with the anti-imperialist struggle that those states supporting Chávez’ Bolivarian revolution claim to wage against the United States. Some of the Islamist websites claim thousands of new convert, but such claims are difficult to verify. Most of the websites visited touted the conversion of one or two individuals as significant victories and signs of progress, implying that there are few, if any, mass conversions. While conducting this research, no websites directly claiming to be linked to Hezbollah were found, although there numerous sites hosted by that group that were active until around 2006. Several of the inactive links are supportive of Hezbollah as a political party. No websites linked to al Qaeda were found. Yet a substantial Internet network remains operational. Much of the outreach for Shi’ite Muslims, closely tied to Iran, is sponsored on numerous websites across the region, including El Salvador, Chile, Ecuador, Colombia, Mexico and Bolivia. Numerous Facebook forums for discussion are also hosted around Latin America. These links must be viewed in the context of the rapidly expanding diplomatic, intelligence, political and economic ties of Iran in recent years with the self-proclaimed Bolivarian states. Given the sparse literature available and the rich vein of un-mined information on the sites cited as well as others that one could find with additional research, the cyber network of Islamist groups remains one of the least understood or studied facets of their presence in Latin America and the Caribbean. It merits significantly more investigation.

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This Chapter discusses the possible problems arising from the application of the principle of distinction under the law of armed conflict to cyber attacks. It first identifies when cyber attacks qualify as ‘attacks’ under the law of armed conflict and then examines the two elements of the definition of ‘military objective’ contained in Article 52(2) of the 1977 Protocol I additional to the 1949 Geneva Conventions on the Protection of Victims of War. The Chapter concludes that this definition is flexible enough to apply in the cyber context without significant problems and that none of the challenges that characterize cyber attacks hinders the application of the principle of distinction.

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The Queensland University of Technology (QUT) University Academic Board approved a new QUT Assessment Policy in September 2003, which requires a criterion-referenced approach as opposed to a norm-referenced approach to assessment across the university(QUT,MOPP,2003). In 2004, the QUT Law School embarked upon a process of awareness raising about criterion-referenced assessment amongst staff and from 2004 – 2005 staggered the implementation of criterion-referenced assessment in all first year core undergraduate law units. This paper will briefly discuss the benefits and potential pitfalls of criterion referenced assessment and the context for implementing it in the first year law program, report on student’s feedback on the introduction of criterion referenced assessment and the strategies adopted in 2005 to engage students more fully in criterion referenced assessment processes to enhance their learning outcomes.

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A new approach was taken to delivering a challenging "stewarship of land" unit to over 350 predominantly first year built environment students stewardship. The new approach involved incorporating environmental and planning law into the syllabus, exposing students to a wide range of statutes, selecting legal cases according to a et of criteria and revisiting the material using different modes of delivery and teaching resources. To evaluate the effectiveness of the new approach, the students were surveyed to elicit their learning experience and preferences. The survey found that most students perceived learning about environmental and planning law, including legal cases, worthwhile.----- Areas identified by the surcey for improvement included the perception by some students that: environmenatl and planning law is irrelevant to their discipline and future caree; studying law is dull and sometimes daunting; and the prescribed reading could be omitted.----- To address student perceptions, it is proposed to reorder the topics commencing with local, charismatic topics, while explanding international content and cases, to enlarge and enhance the repertoire of video clips to include sites of legal cawses and development projects, and to reformat the online weekly quizzes to promote reading of primary material.----- Overall, the approach to teaching environmental and planning law to built environment students, including the criteria for selecting legal cases, described in this paper, was found to be effective.

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Recent decisions of the Family Court of Australian reflect concerns over the adversarial nature of the legal process. The processes and procedures of the judicial system militate against a detailed examination of the issues and rights of the parties in dispute. The limitations of the family law framework are particularly demonstrated in disputes over the custody of children where the Court has tended to neglect the rights and interests of the primary carer. An alternative "unified family court" framework will be examined in which the Court pursues a more active and interventionist approach in the determination of family law disputes.