Data Retention and Interception

2016 ◽  
Author(s):  
Jaani Riordan
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Public Order ◽  
Data Retention ◽  
Criminal Investigations ◽  
Communications Technologies ◽  
Criminal Exploitation

This chapter considers statutory duties that are owed by internet intermediaries to retain communications metadata for periods beyond their ordinary lifespan, and to disclose those data (and in narrower circumstances, the contents of the communications) for use in criminal investigations. These duties serve a range of public purposes—principally the preservation of national security, law enforcement, and public order. Their justification is said to be a rise in the criminal exploitation of internet and communications technologies, in particular to perpetrate cybercrime and to plan and carry out terrorist activities.

Journalistic confidentiality in an age of data surveillance

2019 ◽  
Vol 41 (2) ◽  
pp. 225-239 ◽  
Author(s):  
Rebecca Ananian-Welsh
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Rule Of Law ◽  
Public Interest ◽  
Telecommunications Industry ◽  
Data Retention ◽  
The Rule Of Law ◽  
The Public ◽  
Considerable Controversy ◽  
Data Surveillance

This article examines two key components of the Australian Government’s data surveillance framework and critiques their impact on journalistic confidentiality. The 2015 mandatory data retention scheme and the 2018 telecommunications industry assistance scheme have been the subjects of considerable controversy and ongoing parliamentary reviews. The combined effect of these provisions is that journalists are unable to confidently fulfil their ethical obligation to maintain source confidentiality. The article recommends targeted reforms to more explicitly and appropriately balance the public interest in journalistic confidentiality (and relatedly, democracy, public accountability and the rule of law) against law enforcement and national security objectives.

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

Systematic Government Access to Private-Sector Data in Israel

2017 ◽  
Author(s):  
Omer Tene
Keyword(s):  
Law Enforcement ◽  
National Security ◽  
Attorney General ◽  
Law Enforcement Agencies ◽  
Competing Interests ◽  
Government Power ◽  
Protection Of Human Rights ◽  
Constitutional Right ◽  
The One ◽  
Sector Data

Israel is a democracy committed to the protection of human rights while at the same time trying to contain uniquely difficult national security concerns. One area where this tension is manifest is government access to communications data. On the one hand, subscriber privacy is a constitutional right protected by legislation and Supreme Court jurisprudence; on the other hand, communications data are a powerful tool in the hands of national security and law enforcement agencies. This chapter examines Israel’s attempt to balance these competing interests by empowering national security agencies while at the same time creating mechanisms of accountability. In particular, Israel utilizes the special independent status of the attorney general as a check on government power.

scholarly journals Takeover Bids in Europe in Times of a World-wide Pandemic Threat: A Delicate Balance Between the Fundamental Freedoms and the Protection of Europe’s and the Member States’ Strategic Assets

2020 ◽  
Vol 17 (3-4) ◽  
pp. 353-362
Author(s):  
Marieke Wyckaert
Keyword(s):  
National Security ◽  
World Wide ◽  
Public Order ◽  
Open Market ◽  
Delicate Balance ◽  
Fundamental Freedoms ◽  
The Future ◽  
Strategic Assets ◽  
Pandemic Threat ◽  
Takeover Bids

This paper explores takeover bids in Europe in times of the COVID-19 pandemic. The search for a balance between maintaining the open market as a European achievement and the protection of national security and public order is not a new phenomenon. This search is not easy with the future FDI Regulation and will raise additional questions.The FDI Regulation became very concrete thanks to the COVID-19 pandemic: At the beginning of the crisis, the Commission presented a Communication setting out guidelines for FDI to be applied prior to the regulation.

EXPERIENCE OF FOREIGN COUNTRIES IN THE FIELD OF ORGANIZING ACTIVITIES FOR THE PROTECTION OF PUBLIC ORDER WITH SERVICE DOGS

2021 ◽  
pp. 76-78
Author(s):  
С.А. Лукашев
Keyword(s):  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Public Order ◽  
Service Dogs ◽  
Law Enforcement Agencies ◽  
Foreign Countries ◽  
Special Means

В статье рассматривается такой вид специальных средств, как служебные собаки, которые используются сотрудниками правоохранительных органов зарубежных стран при охране общественного порядка. This article addresses the type of special means such as service dogs, which are used by law enforcement officers of foreign countries in public order. There were analyzed cases of their use by various law enforcement agencies in consideration of this topic.

Diverging incentives for reforming China’s restrictions on digital innovations

2017 ◽  
Vol 10 (3) ◽  
pp. 259-280 ◽  
Author(s):  
Martina Francesca Ferracane ◽  
Hosuk Lee-Makiyama
Keyword(s):  
National Security ◽  
Industrial Policy ◽  
Design Methodology ◽  
Negative Impact ◽  
Public Order ◽  
Content Type ◽  
State Owned Enterprise ◽  
Policy Objectives ◽  
New Perspective

Purpose This paper aims to investigate China’s policy on digital trade with the objective to highlight the rationales behind such policy. Design/methodology/approach China’s policy on digital trade is assessed by analysing the main regulations imposed in the country in the period from 1985 to 2016 that have an impact on digital trade. Findings It was found that there are more than 70 measures imposed today that have a negative impact on digital trade. The measures are diverse and can be justified with several policy objectives, namely, industrial policy, public order and national security, and these support China’s fiscal and state-owned enterprise structure. Originality/value This paper analyses China’s policy on digital trade from a new perspective and provides insights on the rationales behind this policy.

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