NALP Exchange

Discussion of the Law

Discussion of the Law

 

What is the purpose of the law? Why do we need lawyers? Is there a better system available to society? Has the practice of law been corrupted by the greed motive? These are all vitally important questions that need to be discussed in a frank and open manner. The accessibility of an internet website makes it the perfect tool for hosting such a free ranging discussion on aspects of the law.

What is the Purpose of the Law?

“Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.”
[Yick Wo v. Hopkins, 118 U.S. 356; 6 S.Ct. 1064 (1886)]

The sovereign makes the law in order to protect his, her or their “life liberty and property”. The mechanism for upholding the body of rules known as the law is first the police force. Since part of the law is the right to a trial, lawyers and legal professionals become involved in the law process.

The notion of sovereignty varies from country to country. In England the monarch is the sovereign. In the USA, following the model handed down from the French Revolution ‘the people’ are the sovereign.

Under the American system ‘the people’ therefore have the right to change the law. And yet their elected representatives often seem reluctant to enact the changes that many of the people want. A classic example of this is the legalization of marijuana. The people of California clearly want this but their sovereignty is undermined by the overriding claim of sovereignty held by the federal government.

Why do we need lawyers?

Essentially lawyers are a product of the inaccuracy of language. As more words are used the more there is room for interpretation. Words are a way of modeling reality. The model is not reality. Thus, lawyers are needed to find suitable interpretations for the words of the law.

Secondly, the constitution upholds the right for a man to defend himself if accused by the law. The law is complicated and this right requires lawyers. In civil law the right for redress against a perceived wrong also requires the services of a lawyer.

Finally, as a result of the slippery nature of language, lawyers are needed to write agreements that cannot be easily broken.

Therefore, lawyers are experts in the details of the law as well as the language of the law. The details naturally include the important body of examples set out in precedence.

Is there a better system available to society?

Some countries use trial by jury; in others judges decide the verdict of guilty or not guilty. Either way lawyers are used to expound the opposing points of view of the plaintiff and the defendant. Should we scrap the system of lawyers and let people directly plead their case to a judge? As in the case of King Solomon, a wise man could see clearly to the heart of the matter and reach a just decision, mete out justice.

People are dismayed with the ‘tricks’ lawyers use such as pleading that technical proceedings were not followed correctly. It is commonly perceived that those with lots of money can retain the services of lawyers who are adept at throwing up smokescreens of words by which they can make ‘black’ become ‘white’.

There are clearly problems with the legal system. They might, however, reflect inequalities and problems in society rather than in the theory of the law.

Has the practice of law been corrupted by the greed motive?

The last point naturally leads on to the relationship in America between money and the law. People can become rich from using the law in the USA, more so than in any other country. Not only can some lawyers command high fees for their services but they can also take a commission for damages they recover.

The culture of ‘ambulance chasing’ is seen by many foreign observers as being endemic in the USA. This does seem to be an unfortunate side effect of the sovereign right to pursue a grievance through the legal system. Other countries have basically the same legal system as the USA with little litigation. One definitely has to question the motives of many plaintiffs. Greed undoubtedly is behind many court cases. However, sometimes it is the desire to clear ones name, or the desire to challenge the law itself. Again, we have to look not at the law but at the society that uses the law in cynical and greedy ways.

These are just notes to get the ball rolling. www.nalpexchange.org is about an exchange of opinions connected to the law. It is often quoted that the future is a foreign country; well the law is also a foreign country. This website intends to explore the law in its widest sense and in its most far reaching applications and influences in order to make the law less foreign to us.

Internet Licensing Laws – UK

The problem with many of our laws relating to licensing and copyrights, is that most of them were developed long before the introduction of the internet. Take for example the laws that govern the requirements of TV licences in the UK.    At the moment you can actually watch the lots of UK TV channels online without needing a TV license.  Now a few years ago that would have been unlikely to tempt many people from abandoning their TVs to computers.  But nowadays the line between TVs and computers is very blurred – we have internet enabled TV sets, super fast broadband and a myriad of devices able to store TV channels.

Suddenly the requirement of an expensive  TV license doesn’t seem so necessary.  Clearly there is confusion in the market and the BBC Trust is mooting changes to clarify the situation (and obviously force more to buy a license).   A BBC spokesman said –

Legislative change is likely to be required in order to reflect technology changes in the licence fee regulations,”

One of the biggest loopholes is the fact that if you don’t watch the shows live then you don’t need the license.  So presumably you could set your TV or media device to download or store the show and watch a few minutes later.  The license costs about £142 or about $250 so it’s a significant expense that can be avoided each year.

There are other confusions experienced across the planet.  Most media channels block access to their content outside their countries borders.  Hulu is only available in the US, M6 Replay only in France and the BBC technically in the United Kingdom.  Of course these restrictions are frequently bypassed online – there are loads of internet sites explaining how you can watch anything online.  This one for instance shows how to watch BBC Iplayer – http://www.proxyusa.com/bbciplayerabroad2012.   Are these methods illegal – well probably not with current legislation but of course there are lots of legislation pending in the US and across the world that might change this situation.

IN other countries the legislation is different of course, which is the huge problem for people attempting to regulate the internet.  Whether you need to access BBC Iplayer in the UK or ABC Iview, the problem is still the same – your IP address, wherever you are defines what you see.

There’s one thing for sure if you want to specialize in a fast developing and probably controversial area of law – the media might very well be for you.

Further Reading

The Danger of the New Egyptian Cyber Crime Legislation

No-one wants to get ripped off online, there’s no doubt that both the incidence and risk of digital crime are growing exponentially.  So you would think that any legislation designed to protect the innocent web user and punish the cyber criminal would be broadly welcomed by most.

In theory, this is true, but in reality legislation designed to ‘protect’ people online rarely does this.   One of the main issues with policing the internet is that most crimes take place across international borders.  This causes a very obvious problem in trying to catch the culprit or protect the innocent from them,

For example there’s a huge number of cyber criminal gangs based in Brazil who steal and attack targets all across the world.  If your bank account or credit card is abused from a sophisticated hacker based in a flat in Rio de Janerio you can imagine how the investigation will go when you report it to PC 413 from the Salford Constabulary.   It’s not the polices fault entirely, laws and legislation simply don’t support the easy investigation or arrest of cyber crime unless there stupid enough to do it from the same country.

So when we hear about Egypt introducing a huge raft of legislation, designed to combat cyber crime you think we’d all be pleased?    Unfortunately not, and it’s generating a huge level of protest within the country itself and across the world among human rights groups.  the problem though is not that it’s likely to be ineffective, which it is. It’s mainly because the legislation allows carte blanche for the Government and it’s agencies to use the laws, powers and penalties against pretty much anybody they want including both religious and political opponents.

Take for example this – Article 27, a web administrator who creates, manages, or uses a website or a private account with the aim of committing or facilitating a crime can face imprisonment of not less than two years and/or a fine of between 100,000 and 300,000 Egyptian pounds.

As per usual in countries like Egypt, the laws are strict but in many aspects very vague meaning it’s a simple task for police or state security to invent some reason to pick up anyone who puts anything online. The target is supposedly crime but in reality it’s an attempt to control the flow of information and opinions online. Closing areas of debate such as social media and discussion forums is a classic attempt to do this. Even if people are brave enough to continue to speak online, the webmasters will be extremely wary of letting anyone do so.

It’s not cyber criminals who are worried about the Egyptian Cybercrime and Media Regulation Laws it’s anyone who wants to preserve freedom of speech in Egypt. The Egyptian government has of course got previous form for this behaviour, they are frequently accused of blocking and closing websites based on political or religious reasons. Although the real reason is difficult to ascertain as it’s often simply not published or released.

The steps go further however, as the Cybercrime Law also seems to authorize the mass surveillance of all forms of communication online in Egypt. It forces the ISPs to keep customer usage data for 180 days. This includes things like web browsing, phone calls, text messages and emails. In order to complete the spying it covers application on smartphones and computers to cover the various messaging applications available on these platforms too.

Many Egyptians already are careful online and indeed lots use VPNs to protect themselves as a matter of course. They also use things like this Smart DNS system to access the BBC iPlayer abroad, there’s a free trial here if you want to test it. The laws around mass surveillance are especially restrictive though, allowing rights of access to all sorts of organisations. The Egyptian government doesn;t seem to mind that the law is already being criticised as it violates many of Egypt’s existing constitution including Article 57 which states that nothing should impinge on the rights to privacy of Egyptian citizens.

Additional:

VPNs, Proxies and Smart DNS solutions to access Netflix – http://www.proxyusa.com/unblock-us-netflix-free-trial

The Many Types Of Cyber Crime

The phrase cyber crime is often used in a generic sense with little thought other than computers and the internet are involved.  Yet there are literally hundreds of different ways that crimes are committed online and some of them are very surprising.   Europol has recently issued a warning of some of the common ones which we’ve included below.

The report is entitled the Fifth Annual Internet Organised Crime Threat Assessment and was presented at a cyber conference in Singapore.  It ‘s a list of crimes from a law enforcement perspective and is designed to highlight emerging threats and key developments.   Their main goal is to stop people becoming victims.

 

One of the most common cyber crimes of recent years is that of ransom ware, which relies basically on installing malicious software on your computer and then demands a ransom to fix it.  Commonly this is achieved by encrypting files or data and making them inaccessible until the ransom is paid.   Individuals are not the only target for these attacks indeed the most common victim are companies and organisations who can potentially pay larger ransoms.  Using a proper antivirus program and making sure your computer is kept up to date is the best protection.

Computers and servers are not the only targets for cyber criminals. An emerging target is that of mobile devices and instances of mobile based malware are beginning to grow.    Again you should consider installing antivirus software on your phone if you use it for secure sites.   However the main source of malware on these devices is by installing applications which are used to infect them.

Most of the threats involving malware, can be reasonably protected against with a reasonable level of vigilance.  Installing Antivirus and security software is the first step, even simple free programs usually offer a decent level of protection.    Buying a decent system and paying for it to be updated though is a much better option and will protect against the majority of malware programs.  The second step is to ensure your operating system and core programs are kept up to date.  Most computer companies like Microsoft routinely release patches and updates to cover any security risks that have been discovered.

These updates can be annoying but they’re crucial to protecting your device and privacy. Malware is typically installed using weaknesses that these security updates close off, don’t leave your computer to be on the potential target list.  Most software especially the core operating system will attempt to install these updates automatically, you’d be advised to leave this setting on.

There is another major risk and unfortunately it’s one you have limited input into.  That’s the risk to your data stored by other companies who you may do business with or have accounts with.    It’s only recently that legislation has come into effect forcing businesses to protect and take care of your data.  The EU’s new General Data Protection Regulation (GDPR) introduces severe financial sanctions, up to 4% of global turnover, for companies that fail to protect users’ privacy.

These offer numerous protections to the consumer, including procedures that must be followed in the event of a data security breach.    There is little of course that you can do to protect your data when it’s on the server of a third party company.  You should be careful about who you do business with online,  be cautious about releasing your details to smaller companies who may not have adequate security in place.

Your data and personal details are in danger in all sorts of places including when they’re being transmitted.  Again this is one area where you have to take steps to protect yourself or you’ll be at risk.  For example when travelling and using unknown wifi and access points you are particularly at risk.  You have no idea how secure these systems are and how safe your data is while being transmitted. Indeed many hotel Wifi systems are extremely tempting targets for hackers and cyber criminals who know that they can harvest lots of account details if they compromise the access points.

The safest way to secure your connection in these circumstance is to use a VPN or something that encrypts your data.  Many people use these systems for unlocking geo-locked channels like the BBC iPlayer and Hulu, but they are equally useful in protecting your data when using unfamiliar access points too.  Always ensure that your connection is encrypted, this program for example allows people to watch the BBC iPlayer from abroad but it doesn’t enable encryption rather using a DNS based system to hide your location.

The encryption is crucial, it means that even if an access point is insecure or even worse has been compromised by criminals your data should be safe.  Everything between your device and the VPN server will be encrypted which means that it would be impossible to access or read anything at the point of transmission and beyond.

These systems and services offer an essential tool especially if you travel a lot, the right VPN can unlock entertainment and protect your internet connection.  Many of the Smart DNS services though are useful purely for unlocking restricted content and have no security impact at all.  The most successful though including the methods mentioned in this page about watching Netflix abroad, usually offer a Smart DNS service plus a VPN which you can use too.

 

 

 

 

German Police Sell Digital Crime Proceeds

In the wake of the global recession, budgets for all sorts of state and government departments have been under pressure. Pressure from banking bailouts, falling GDP and tax revenues mean that every penny counts for all sort of areas. Policing has been under similar pressure, it is often seen as an easy way to cut government spending. Despite what many Unions suggest, Police pay is usually very competitive although this is rightfully so considering the danger and risks many of them take.

A traditional route taken by many police departments across the world is to recycle the profits of criminals into the police budget. This has been done for years but with physical goods it’s often difficult as although it’s easy to establish ownership, taking possession can be more difficult. Cyber crime however offers another possibility for cash strapped police departments especially when you consider the growing use of cyber currency.

There is a huge rise in the number of cyber related criminal investigations and unfortunately many police forces are ill equipped to cope with this. However there are also opportunities particularly for large scale successful prosecutions relating to the proceeds that these crimes produce. Most countries have legislation in place that allows them to seize the proceeds of any criminal act and the sums involved can be huge.

Most police authorities are wisely investing any proceeds they recover in expanding their digital crime investigative resources. This is important as it can be very difficult to investigate these crimes because of a variety of reasons. Tracking the criminals can be difficult, they will invariably use things like VPNs and sneaker proxies in order to hide their location. There is also the issue that these crimes often take place across international borders too.

The German authorities for example have recently just made about $14 million through the sale of Bitcoin and other types of cryptocurrencies that they took possession of in criminal inquiries.

This was an unexpected emergency sale, according to a Monday report in the Tagesspiegel publication, because the Bavarian justice treasury was concerned about the wild changes in cryptocurrency prices. Emergency sales are normally typically kept back for perishable goods, such as food, or products which commonly depreciate in valuation, for example cars.

The cryptocurrencies that were sold– 1,312 Bitcoins, 1,399 Bitcoin Cash tokens, 1,312 Bitcoin Gold tokens and 220 Ether– were mainly seized in a clampdown on a website called LuL.to, which was unlawfully offering copyrighted ebooks and audiobooks at very low prices. The website was seized and blocked last June, its own operators were imprisoned and its resources went into a fund that is typically used for police resourcing.

The sale took place over a number of months, in a series of more than 1,600 transactions on a German cryptocurrency trading platform. According to Der Tagesspiegel, the proceeds totalled just over EUR12 million ($ 13.9 million.).

The selloff kicked off in late February, the moment the price of one Bitcoin had collapsed from its December highs– nearly $20,000– to around $11,400. Throughout the sale, the rate dipped below $7,000 and cleared $9,000 again. Ever since, it has dropped once more to a price of $7,230, therefore the cops’ timing looks pretty good for now, except if Bitcoin makes a surprising rebound in the near future.

This was a record-breaking transaction of seized assets within Germany, but American authorities have already been making a lot more money off confiscated cryptocurrencies for some time. The Justice Department got $48 million in October last year from the sale of Bitcoins that originated from Ross “Dread Pirate Roberts” Ulbricht. The sale in fact took place a couple years earlier, when one Bitcoin was worth a mere $330 or so, but Ulbricht, the operator of the Silk Road online drug market, had disputed the legality of the forfeiture and took a while to drop his claim

Cyber crime is without doubt the biggest challenge facing modern law enforcement in developed nations.  Most countries are allocating additional funding but it’s often difficult because the gangs involved operate from all sorts of countries often outside their jurisdiction.  All a criminal needs to do is to invest in a simple virtual private network which can be used to hide their true location and identity.  To further complicate the issue the VPN server location effectively becomes the point of origin of the attack too.  So if someone used one of these security VPNs like demonstrated in this post about how to watch the match of the day stream over the internet, then that would protect against all but the most sophisticated investigations.

New Zealand Politics: Opposition Battle

New Zealand politics has always been especially interesting for students of the subject. It’s only a relatively small country at least in population but it often acts as barometer for similar liberal leaning Western democracies. Indeed many of it’s citizens have strong links between places like the UK and there’s no surprise that thousands use VPNs in order to access the BBC on the computers.


The 3 all new contenders with regard to the National Party’s leadership were revealed yesterday they included no less than three former lawyers and Cabinet ministers. All were quick to establish their bids yesterday, indeed only one day after Bill English revealed his resignation. Obviously there are definitely more than three others who are weighing up their alternatives, but of these Mark Mitchell is the more likely to go into the race. He ‘s only interested in the position of leader, definitely not a deputy, for this competition will be as much regarding raising his public profile compared to taking the top job probability of taking the top job. The’s got a track record of handling difficult and complicated portfolios, responsibilities that he carried out well under both John Key and Bill English.

With regard to sheer speed, Amy Adams was certainly the winner, announcing even quicker than the others with the assistance of four additional MP’s previously arranged. Despite the fact that she’s a lower public profile than the other pair might possibly work in her. A lower public profile than the other two might work in her favor, with the concentrate on the new generation leader in this race. She is socially liberal, but economically describes herself as being in core, heartland National territory. She is not afraid of Judith Collins, which she described as a strong MP and government minister.

Adams adds that the party requires somebody to lead the subsequent government, not the next opposition. Buts he was reluctant to talk in any detail about policy, including any specific issue facing will be the first debate which hopefully will be televised. It should be accessible on New Zealand TV stations and perhaps even on UK TV too– try accessing BBC iPlayer from New Zealand using this. He was reluctant to talk in any detail about policy, including any specific issue facing.

When offered the chance by Morning Report’s Guyon Espiner Mori, he carried on this restraint nevertheless this was of course before the actual resignation story. His use of the 3rd person during his media conference– I am concentrated on Simon Bridges– made him the object of some mocking, nevertheless he’s well-loved inside the caucus and has a robust sense of humor. Mr Bridges will give voice to the backbench, the Mr Bridges will give voice to the backbench, the section of the caucus which possesses the power of the numbers this term. Happy to review her party’s handling of election strategy, with National having won conflicts all over.

She’s also not scared to review her party’s handling of election strategy, with National having indeed won conflicts all over the who ‘d happy to review her party’s handling of election strategy, with National having won despite many internal conflicts. Ms Collins said National erred when Bill English encouraged voters to cut the middle man, in an attempt to marginalise New Zealand First.

She’s certain to appeal to the new, hungry participants of the caucus, and individuals up all throughout the ranks. Her tough talk might just appeal to the brand new, hungry members of the caucus, and there’s no love lost between Ms Collins and some of the much more senior MPs. Anyhow regardless of what does transpire, the leadership contests are comparatively brief affairs and on 27 Feb the National party will certainly have a brand new leader.

John Williams
http://residentialip.net/

Obscuring our Digital Identity

For many people there is a pervasive image of a VPN user, it’s something like a young person wearing a hoodie, hunched up in a coffee shop with their laptop. They’re probably trying to hack into some government computers and are on the run from the authorities. As a VPN hides your location and your internet traffic there’s a natural idea that the person is up to no good and indeed has something to hide.

The reality is actually a long way from this perception and although many hackers do indeed use VPNs routinely so do an awful lot of ordinary people. Indeed most large corporations have been using VPNs for decades to support inbound connections from remote users. For example if a salesman needs access to the product database on the company’s network it’s much simpler to allow them to connect through the internet and view the latest version. This is much more secure than travelling around with DVDs and of course ensures that he or she has the latest versions.

If you make any sort of normal connection over the internet, all your traffic is pretty much visible, i.e anyone with a mind can intercept and read it. If you’re logging and connecting to a protected share then this would include usernames and passwords. So in order to secure these connections, you would commonly install a VPN client on the laptop and ensure it’s used to encrypt the connection back to the company network. It’s completely legitimate and indeed smart business practice.

Ordinary home users will use VPNs for very similar reasons. Basically the internet is insecure and there is little provision for security built in automatically. Sure you can access secure sites through things like SSL when you need to enter a credit card or payment information. However this is the exception not the rule and most sites are not secure and the vast majority of data flies across the wires in clear text.

In addition to the general insecurity of the internet, there’s the other issue of privacy. Your browsing data is easily accessible via a variety of sources. For a start, there’s a complete list in your ISP of everything you do online and depending on where you live this can be routinely and easily accessed. Using a VPN stops this, turning your web activity into an encrypted list which is unreadable without your permission. Are they used by cyber criminals and terrorists? Sure but also by millions of people who think that what they do online shouldn’t be part of public records.

The VPN systems are becoming more and more sophisticated simply driven by demand and the risks of detection. There are all sorts of variants including allowing different configurations and ports to evade detection. You can even get them to use home based IP addresses through certain residential IP providers – such as this – http://www.theninjaproxy.org/security/residential-ip-provider/

In most countries VPNs are not illegal but just a simple business and personal security tool. However in some countries this is not the case and you can get into trouble if caught using them. Countries that actually ban the use of VPN include places like China, Iraq, Belarus and Turkey. Other countries only allow approved services which usually mean those that can be compromised if required. People still use VPNs in most of these countries indeed in Turkey almost all expats use one to watch things like British and American TV online. Fortunately it’s actually quite difficult to detect a VPN in use however that doesn’t stop it technically being illegal in those locations.

Source: Rotating and Residential Proxies

Update Planned to Scottish Football Act

SCOTTISH Labour stated they’ll draw up a fresh anti sectarianism strategy after SMEs voted to repeal the law aimed at solving the problem. James Kelly MSP stated that the legislation wasn’t the answer, and he’d bring together charities, campaign groups, faith leaders, locals authorities, soccer clubs and police to develop a fresh strategy. His Bill to scrap the Offensive Behaviour in Football and Threatening Communications Law passed its first parliamentary hurdle in Holyrood a week ago after opposition parties combined to back it. The law was introduced in the last parliament by the then bulk SNP authorities. There are fears that repealing the action could impact on communities.

Kelly said Labour could assess SNP Government activity on handling the matter and examine the financing available for anti sectarian programs in order to perhaps calculate a figure for next year’s budget. The party will probably look at the uptake of recommendations made in 2015 from the Independent Advisory Group for Combating Sectarianism headed by Dr Duncan Morrow. It’ll also consider the function of clubs, fans teams and the police in tackling sectarianism and the new challenges posed by online bigotry. Kelly stated: There should be no doubt that Labour is dedicated scooting Scotland of sectarianism. Religious bigotry existed long prior to the Football Act and it’s an issue we’re still shamed by today.

This has been a huge problem in Scottish football for years and it’s sometimes difficult for those outside to understand. When you watch the Premiership on Match of the Day which you can see online, then it’s difficult to understand the sectarian conflicts that exist in Scottish football. They have existed for years though and although violence is thankfully rare it does happen outside the stadiums all too frequently.

Nonetheless, it isn’t restricted on the terraces of football stadiums and can’t be combated through broken legislation. Rather than unworkable legislation, we must change our focus to communities into attack the root causes of bigotry, such as through community groups and education, as recommended by experts at the Justice Commission. Kelly continues that he was deadly serious about utilizing his role as a member of the Scottish Parliament to handle this present day shame.

“This is why I’ll be developing an anti sectarianism strategy match for 2018, which I hope every party, including the SNP, will I am hoping that the whole Parliament will get behind”

A Scottish Government spokesman said: Ministers have been consistently clear that tackling the scourge of sectarianism takes a broad assortment of actions, such as education and wider community based projects backed by unprecedented Scottish Authorities investment of over 13 million pounds because 2012 alongside the work of the justice system in enforcing the law. This is an important initiative and it’s been compared with the work on increasing unit prices of alcohol in Scotland. This is another important area for the Scottish government to reduce the impact of alcohol abuse by pricing deterrents and making drugs like Selincro more available for individuals.

In latest days the Minister for Community Safety has also underlined the need for all parties to work together to build consensus on how we may mitigate the possible adverse impacts that repeal of the 2012 Act might have on communities that are vulnerable a threat that was increased by an assortment of organizations in evidence to Parliament. Ministers remain resolute in their determination to fight religious bigotry, alongside broader hate crimes like those between homophobia and racism, which is why they’ve commissioned a wider overview of the legislation in this region, to report later this year.”.

Guidance on Blogging and Social Networking

This is a short summary document which provides an introduction for organisations with a general awareness of the associated risks of blogging and social networking that may potentially affect the effectiveness of local services.

Terms used: Blogging is using a public website to write an on-line diary (known as a biog) sharing thoughts and opinions on various subjects. The word blog is derived from the phrase weB LOG. Examples of blogging websites include Twitter.com and Blogging.com. Social networking is the use of interactive web based sites that mimic some of the interactions that occur between people in life. Examples include Facebook and Linkedin.

Why are Blogging and Social networking an Information Governance issue? The use of blogging and social networking websites by an NHS organisation’s employees can expose that organisation to information risks, even where these sites are not accessed directly from work. Whilst there is nothing new about the information risks, what has changed is the availability of high capacity broadband, the popularity of Web2.0 sites and the rapid growth of internet enabled devices such as mobile phones, blackberries etc.

This has resulted in significant awareness and uptake of these websites from home, from work and when mobile. What are the potential dangers to the organisation of using blogging and social networking? A range of potential threats exist that organisations should be aware of: Unauthorised disclosure of business information and potential confidentiality breach.  Additionally users can access unauthorised websites which may have little risk but can hugely effect productivity.  For example accessing sites like BBC iPlayer using the company VPN from Ireland like this may not have any risks but it can’t waste time and effect  the company network.  Blogging and social networking sites provide an easy means for information to leak from an organisation, either maliciously or otherwise.

Once loaded to a site, organisational information enters the public domain and may be processed and stored anywhere globally. In short, organisational control is lost and reputational damage can occur. Malicious attack associated with identity theft.   People often place a large amount of personal information on social networking sites, including details about their nationality, ethnic origin, religion, addresses, date of birth, telephone contact numbers and interests. This information may be of use to criminals who are seeking to steal identities or who may use the information for social engineering purposes.

Another important risk from allowing employees to use social media and public forms is from the possibility of defamatory postings by their employees. Take for example a public forum, most of these enforce a user to accept some terms and conditions before they are allowed to post. These can often be quite substantial and are intended to both protect the web/forum and enforce any rights such as copyright.   This is important in any site which allows people to express their views even large corporations like the BBC use them.  The problem is that any infringement by a company employee using company hardware and on their time could be considered as a liability against the company not the individual.

There are numerous risks online, and one of the problems is that many organisations have little experience in dealing with these issue. Most companies have probably only allowed large scale internet access for a decade or so and may still only be developing internal policies and procedures in order to mitigate these risks.

Development of UK Computer Crime Law

Obviously computer crime is a relatively modern phenomena, however it has taken some time for legislation to catch up with the real world.  In fact even today cyber criminals exploit weaknesses in such legislation by basing themselves in areas where there is little criminal law developed around computer crime.    In fact there has been more legislation regarding copyright issues in some countries, you can get fined for watching UK TV abroad like this or downloading software than actually cases of cyber crime.

Before 1990, the UK criminal law often struggled to deal with computer misuse. relying instead on other traditional‘ offences that were sometimes ill-equipped to deal with the nature of the technology itself. in particular the offences of criminal damage, abstracting electricity and forgery and counterfeiting were applied to deal with such cases.  In reality many were also applied to other issues although none were successful, activities like downloading from the BBC iPlayer abroad like this have never been a criminal offence. However, the two main loopholes then thought to require attention were: ~

– the failure of forgery legislation to deal with misuse of passwords
– that ‘data’ on disk was not ‘property’ or ‘tangible’ for the purposes of criminal damage legislation, so that if you trashed the contents of a hard disk you appeared not to be committing an offence.

For relevant legislation and some case law in this check out the reports on the case of R v Gold and Schifree/M1988] 1 AC 1963, including the Court of Appeal and House of Lords rulings.

It is clear that, by 1990, there were cracks appearing in the ability of the existing criminal law to deal with some manifestations of computer misuse, in articular those resulting from the intangible nature of the subject matter. The Report of the Law Commission of England and Wales (1989) recommended that three new offences of computer misuse be created.

The ensuing Computer Misuse Bill prompted much debate based around a number of key issues: the impact of computer misuse on industry and commerce; the inadequacy of the pre-existing criminal law; and the prevailing media reporting of the dangers posed by hackers at the time. it was envisaged that the new Bill would ease the difficulties associated with bringing a successful prosecution for computer misuse. it received royal assent on 29 June 1999 and became the Computer Misuse Act 1990.

In total the Computer Misuse Act 1990 created three main offences concerning unauthorised access to computer material. unauthorised access to computer material with intent to commit or facilitate further offences and unauthorised modification of computer material. The Police and Justice Act 2006 introduced three amendments to the 1990 Computer Misuse Act and came into force on i October 2008. The Computer Misuse Act 1990 now has four main sections:

Section 1 : unauthorised access to computer material
Section 2 1 unauthorised access with intent to commit or facilitate commission of further offences
Section 3 (as amended): unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
Section 3A: making, supplying or obtaining articles for use in offence under section i or 3.

Human Rights and the USA Immigration Laws

Alex Tizon was an award winning Pullitzer prize journalist, who wrote a damning story about the US immigration laws. The book recounts the life of Eudocia “Lola” Pulido, a Filipino immigrant who worked for more than half a century without pay for Tizon’s family. There is much detail in the book about him, specific circumstances which help explain why the old US immigration system actually encouraged the abuse of such people. By tying immigrant employees to a specific employer, the U.S.’s immigration system enables contemporary slavery.
He was simply given as a gift to the mother of Tizon by his grandfather, Pulido started working in the Philippines for the Tizons. He actually came through a visa tied into the employment of the Tizon.

His parents refused to allow her return and with no visa, she would had trouble obtaining employment elsewhere. Like lots of the immigrant employees that I reflect at the legal services non-profit I work for in LA, Pulido’s legal status in the U.S. Was inextricably tied to her employer.

This feature of U.S. Immigration law provides a tool to control their employees, whose lack of understanding of regulations and customs of the US render them vulnerable to companies that are exploitative. If employees threaten to seek help or complain, they’re told that leaving their employer might result in deportation. For many immigrant employees, who could have borrowed substantial amounts of money to visit America, leaving the U.S. Early might mean financial ruin at home. U.S. Immigration policy, simply put, leaves them no choice, but to endure their employers abuse. This power imbalance between immigrant employees and their companies figures prominently in the U.S.

Immigration system. Evidence indicates a link between specific and trafficking visa categories. All six classes make it hard, if not impossible, for employees to leave agency or the employer that sponsored their visa request. A separate study by the Urban Institute, a think tank, found whom over 70 percent of the 122 trafficking victims it analyzed arrived at the U.S. With legitimate visas, particularly with 3 of the visa classes flagged by Polaris. According into both studies, trafficking victims reported whom their companies threatened into report them into immigration authorities into discourage them from going or seeking help. Such studies also make clear whom domestic employees like Pulido aren’t the only targets of such practices.

Hotel housekeepers and construction employees on H-2B visas, nurses also teachers on H-1B visas, also others are susceptible as well. In case the U.S. Government wanted to end labor trafficking and contemporary slavery, a good start will be reforming the country’s immigration laws. Even though it’d likely be unpalatable to Americans who’re opponents of immigration, immigration law would need into be amended in order to alter an immigrant worker’s status at the U.S. It is essential that the person isn’t bound to a certain employer or agency, because that instantly puts them at certain risk.

There’s no doubt that immigration laws in the USA are extremely complex and many people have had their lives influenced greatly by them. If you’re involved in them, you should ideally ensure that you consult with a properly qualified lawyer. You can access and indeed make certain stages of the application online using various web sites. However it should be remembered that some of these are limited to US only residents so you may need a VPN to hide your real location. Check out the following article which explains how to use a VPN to access the BBC – Info on BBC Live VPN.

In addition to whom, immigration law ideally would ensure whom all immigrant employees not only select visa categories are eligible for obtain legal permanent residence. So long as immigrant employees are legally bound to their employers, they’ll remain susceptible to trafficking also abuse, also will remain reluctant to find help.

More Information:

James Brieres – Watching UK TV Channels Online

Polish Problems with the Venice Commission Unit

The recent comments of Prof. Kamil Zaradkiewicz about the Venice Commission were right on the mark. The Venice Commission was considered and created by Andrzej Rzeplinski under his direction to act as the final lifeline for the Constitutional Tribunal. This is supported by the place of the Venice Commission declared on section 14, however it has been updated and elucidated from the draft phase after some feedback from the relevant authorities. In its light, it appears that there is no denying the Constitutional Tribunal’s President could trust the help of the Venice Commission. Its couriers from Venice would regard the protests into the Constitutional Tribunal. The place of the Venice Commission concerning the Constitutional legislation repeats the errors of the opinion in addition, it lacks any kind of independence.


Based on the situation represented by Beata Szydlo’s authorities concerning the place of the Venice Commission, it might be reasoned which this body is trying into exert pressure on this Polish direction, so that it accepts all the unlawful actions of the Tribunal, those made previously and also those planned for the future, especially those about the way the chairman of the Constitutional Tribunal is selected. The Commission has accepted not requiring the belief which the Constitutional Tribunal is the last arbiter and final decisions from the system.

The second important factor of the state which has judicial power is exercised from Poland by courts and tribunals, but this Constitutional Tribunal isn’t alone in this role since there’s also the State Tribunal. Ignoring this State Tribunal with regards into constitutional issues violates this standards which the Venice Commission draws upon, that’s liberty of this judiciary and this division of powers in constitutional Issues between this Constitutional Court and this Court of State.

Access to the documentation is available on the specific legislative sites and on the European Unions main documentation repository. However you might find there’s problem accessing from outside the EU nations. This is determined by the physical location of your connecting IP address however this can be changed. If you use a VPN like many use to watch UK TV like this post, you can hide your real IP address and access the documentation.

The Venice Commission is totally ignoring that the Polish constitution doesn’t recognize this Constitutional Tribunal since a Total and sole body deciding on this constitutionality of all forms of action by public authorities. The Polish authorities has pointed out to this Venice Commission that, even in Issues concerning this powers of hierarchical control compatibility, this Constitutional Tribunal might not examine all legal acts. They have highlighted the fact that the Venice Commission when making such decisions will also completely ignores other bodies protecting this constitution. These powers were previously limited to the President of this Republic of Poland and the Polish State Tribunal. The Venice Commission isn’t justified in whatever way when it states which this Constitutional Tribunal has this power – and which exclusively – to evaluate the government in matters of law enforcement.

Additional Resources:

Information on buying UK and EU proxies – http://www.anonymous-proxies.org/2017/05/buy-uk-proxy-ip-address.html

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