4,642 research outputs found

    Legal’s Standing of Cyber Crime in International Law Contemporary

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    Cybercrime is a new range of international law, particularly international criminal law. The existence of cybercrime is now a fact that should be taken seriously by the international community. It creates then intersection with other crimes such as crime of aggression and other crimes. Immediate response form is needed to regulate cybercrime internationally because the fact shows that no one convention has found cybercrime internationally. The existed Convention of Cyber C?rime enacts only regionally like European Convention of Cyber Crime and locally (like in Indonesia), the Law number 11/2008 concerning Information and Electronic Transaction. Keywords: Cyber Crime, International Law Contemporary

    Hacking Speech: Informational Speech and the First Amendment

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    The Threat Lives On: How to Exclude Expectant Mothers from Prosecution for Mere Exposure of HIV to their Fetuses and Infants

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    There is a renewed interest in HIV/AIDS issues given that better treatment is available. The Department of Justice (DOJ), Civil Rights Division, recently published best practice guidelines to reform HIV-specific criminal laws to conform to modern science. The DOJ’s latest guidelines urge states to “reform and modernize” the laws to reflect modern science. There is a lot of unfinished work regarding the ineffectiveness and stigma associated with HIV criminal transmission laws as a whole. These laws are “no good” and counterintuitive in the fight against this unfortunate disease. There have been calls to repeal these laws in their entirety. That is not necessary. This Article re-emphasizes the gravity of this problem and suggests that one critical step forward is to amend the laws to remove any threat of prosecution of mothers who are HIV positive. Part II of the Article addresses the medical advances in HIV/AIDS treatment and prevention. Part III examines certain laws criminalizing HIV exposure and transmission and how these laws pose undue and unwise risks to HIV-positive expectant mothers. Part IV of the Article addresses how prosecution or the threat of prosecution of expectant mothers under HIV specific criminal law would harm rather than help society. Finally, Part V proposes a model for change in addressing these specific HIV criminal transmission statutes, particularly to remove any threat of criminal sanctions against HIV positive women who are pregnant or desire to become pregnant

    The Role of Information and Communiication Technology Combating Crime in Nigeria in The Post Covid 19 Era: A Study of the Nigeria Police Force, Lagos State Command

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    The study seeks to examine the impact of Information and Communication Technology (ICT) on combating crime by the security forces in the wake of corona virus pandemic with special reference to the Nigeria Police Force (NPF). Within the framework of cybernetic theory, this study adopts the descriptive survey method to examine the relationship between the two variables under investigation. Multi stage sampling technique was used to draw a sample size of three hundred (300) participants for the study. Data were collected from the sampled population, and formulated hypotheses were tested using Pearson Product Moment Correlation Coefficient (PPMCC) statistical tool. The finding of the study reveals that there is a significant relationship between the use of ICT and the effort by the police force to effectively combat crime in Nigeria. The study also discovers that the use of ICT in the fight against crime by the NPF is faced with some challenges, which includes among others; lack of infrastructure, lack of adequate training, uncooperative attitude of ICT service providers and lack of inter-agency cooperation. The paper in conclusion, recommends that the NPF should improve on the usage of ICT especially during this post COVID-19 era by providing a robust training program for her personnel on the usage of ICT in combating crime, the government should provide adequate infrastructure to enhance effective application of ICT in crime fighting and an effective collaboration between ICT service providers and the NPF in fighting crime in Nigeria

    The Epidemics of Injecting Drug Use and Blood-Borne Disease: A Public Health Perspective

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    In this article, the author first examines the mechanism by which blood-borne disease is transmitted through sharing of injection equipment. Thereafter, he presents a public health strategy for reducing multi-person use of contaminated injection equipment. This strategy includes: repealing or modifying current laws and regulations making possession and distribution of sterile injection equipment a criminal offense; implementing syringe exchange programs to expand access to new syringes for users of injection drugs; and counseling, education, and treatment targeted to injecting drug users (IDUs), including those in the prison and health care system. The objective of a public health approach is not to encourage or enable IDUs to obtain and use drugs; public health strategies actively seek to reduce drug use due to its profound adverse effects on physical and mental health. Rather, the public health approach seeks to substantially improve health outcomes for IDUs who cannot or will not stop using drugs

    'The Accidental Birth of Hate Crime in Transnational Criminal Law: 'Discrepancies' in the Prosecution for "Incitement to Genocide" during the Nuremberg Process involving the cases of Julius Streicher, Hans Fritzsche and Carl Schmitt.'

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    This volume of three interrelated studies aims to explore the various contingencies through which individuals responsible, to various degrees, for promoting expressions of racist hate were subjected to markedly different types of legal responses within the landmark Nuremberg trials programme. These contingencies, together with loose judicial reasoning, complicate scholarly efforts to identify the historical emergence of this type of transnational hate crime, and to illustrate the complications that arise when seeking to ascertain its implications as a precedent. It needs to be emphasised at the outset that what follows is not a comprehensive study of the origins of the criminalisation of hate speech in general as this would have to include a full comparative survey of all domestic laws and their judicial interpretation, application and institutional enforcement. In addition, the interaction between domestic, regional and international criminalisations would also have to be addressed in what would amount to a massive multi-volume study, beyond the scope of this study. It is acknowledged that a strong case can be made for a more comprehensive approach, placing the contents of what follows within this wider context of transnational regulation. For example, there has clearly been a measure of interaction, albeit of an inconsistent type, between US immigration and naturalisation law and practice, and international criminal law relating to hate speech, with the Streicher case expressly referred to as a precedent for the idea that "persecution," as a subset of crimes against humanity, can include racist and anti-Semitic propaganda

    The Legal and Regulatory Aspect of International Cybercrime and Cybersecurity: Limits and Challenges

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    The development of the internet and digital technologies represent a major opportunity for humanity in transforming businesses and providing new tools for everyday communication. Internet users are spending increasing amounts of time online and undertaking a greater range of online and social networking activities. However, just like a double edged sword, the internet also presents opportunities to cybercrimes in the Information society. The nature of some ‘traditional’ crime types has been transformed by the use of computers and other information communications technology (ICT) in terms of its scale and reach, with risks extending to many aspects of social life, such as financial transactions, sexual offences, harassment and threatening behavior, and commercial damage and disorder. Cybercrime is a transnational menace in the sense that it cuts across borders. The most critical challenges of the information society have been the security of digital data and information systems and the prevention of the malicious misuse of information communications technologies by cyber criminals, terrorist groups, or state actors. Measures to address these security challenges of the information society birthed a concept known as “cyber security”. Cyber security seeks to promote and ensure the overall security of digital information and information systems with a view to securing the information society. Thus, the concept is broadly concerned with social, legal, regulatory and technological measures that will ensure the integrity, confidentiality, availability and the overall security of digital information and information systems in order to achieve a high degree of trust and security necessary for the development of a sustainable information cyber space. This dissertation contends that, on the one hand, International laws are behind in providing proper regulatory coverage for cybercrime, while, on the other hand, existing regulations have largely been unsuccessful in containing cyber security threats primarily due to complications caused by the disharmonization of cyber security laws and regulation. This dissertation also attempts to discuss the legal and regulatory aspects of cyber security in International law. An analysis of international, regional and national regulatory responses to cyber security in both developed and developing countries was made. It calls attention to the limits and challenges of these regulatory responses in the promotion of cyber security and explores several regulatory measures to address the highlighted challenges with a view to promoting global cyber security. It suggests several regulatory measures to enhance global cyber security and also emphasizes the need for the collective responsibility of states for global cyber security
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