scholarly journals The Need for Specific Penalties for Hacking in Criminal Law

2014 ◽  
Vol 2014 ◽  
pp. 1-6 ◽  
Author(s):  
Sangkyo Oh ◽  
Kyungho Lee

In spite of the fact that hacking is a widely used term, it is still not legally established. Moreover, the definition of the concept of hacking has been deployed in a wide variety of ways in national literature. This ambiguity has led to various side effects. Recently in the United States, reforms collectively known as Aaron's Law were proposed as intended amendments to the Computer Fraud and Abuse Act (CFAA). Most experts expect that this change will put the brakes on the CFAA as a severe punishment policy, and result in a drop in controversial court decisions. In this study, we analyze the definitions and the penalties for hacking for each country and compare them with the national law and then make suggestions through more specific legislation. We expect it will reduce legal controversy and prevent excessive punishment.

2019 ◽  
Vol 35 (3) ◽  
pp. 331-345
Author(s):  
David J Stute

Abstract Since the 1948 enactment of 28 USC § 1782 in the United States, no consensus has emerged as to the availability of federal court discovery to parties in private foreign or international arbitral proceedings. This year, within months of one another, six federal courts have issued rulings that are widely inconsistent on the availability of section 1782 discovery. The courts have ruled that a proceeding before a private international arbitral tribunal is eligible for section 1782 discovery; that, categorically, no such discovery is available; that the definition of private arbitral tribunal applies to CIETAC; and that discovery is available by virtue of a party’s parallel pursuit of discovery through foreign civil proceedings. As these cases demonstrate, recent US court decisions have brought no predictability, let alone certainty, to the subject. Congress, on the other hand, could and should amend the statute so as to include private tribunals in the scope of section 1782. This article discusses the case law’s state of disarray; proposes a legislative solution; considers the proposed amendment’s merits; and advocates for Congress to act.


2021 ◽  
Vol 67 (06) ◽  
pp. 97-101
Author(s):  
Ləman Fəxrəddin qızı Qasımzadə ◽  

In the article: The globalization of the modern world makes it urgent to study the legislative practice of foreign countries (including criminal law). The lack of specialized literature on this topic makes it difficult to solve this problem.The study of foreign law is necessary not only to guide the processes of global economic, political and cultural integration and unification, but above all to facilitate domestic criminal law. U.S. criminal law has long developed under the influence of British common law and has gradually taken shape. Therefore, in different states of the United States, the criminal law analyzes the provisions on the definition of crime. Key words: crime, felony, misdiminora, murder


Author(s):  
George P. Fletcher

This book is an invitation to readers interested in the future of international cooperation to master the 12 basic dichotomies of international criminal law. The book foresees a growing interest in international order and cooperation following the current preoccupation, in Europe as well as the United States, with national self-interest. By emphasizing basic dichotomies, for example, acts vs. omissions and causation vs. background conditions, the book reinforces the jurisprudential foundations of international criminal law and also provides an easy way to master the details of the field.


Author(s):  
Takis S. Pappas

Based on an original definition of modern populism as “democratic illiberalism” and many years of meticulous research, Takis Pappas marshals extraordinary empirical evidence from Argentina, Greece, Peru, Italy, Venezuela, Ecuador, Hungary, the United States, Spain, and Brazil to develop a comprehensive theory about populism. He addresses all key issues in the debate about populism and answers significant questions of great relevance for today’s liberal democracy, including: • What is modern populism and how can it be differentiated from comparable phenomena like nativism and autocracy? • Where in Latin America has populism become most successful? Where in Europe did it emerge first? Why did its rise to power in the United States come so late? • Is Trump a populist and, if so, could he be compared best with Venezuela’s Chávez, France’s Le Pens, or Turkey’s Erdoğan? • Why has populism thrived in post-authoritarian Greece but not in Spain? And why in Argentina and not in Brazil? • Can populism ever succeed without a charismatic leader? If not, what does leadership tell us about how to challenge populism? • Who are “the people” who vote for populist parties, how are these “made” into a group, and what is in their minds? • Is there a “populist blueprint” that all populists use when in power? And what are the long-term consequences of populist rule? • What does the expansion, and possibly solidification, of populism mean for the very nature and future of contemporary democracy? Populism and Liberal Democracy will change the ways the reader understands populism and imagines the prospects of liberal democracy.


1974 ◽  
Vol 3 (1) ◽  
pp. 112-124 ◽  
Author(s):  
Bruce E. Lindsay ◽  
Cleve E. Willis

The spread of suburbs into previously rural areas has become commonplace in the United States. A rather striking aspect of this phenomenon has been the discontinuity which results. This aspect is often manifest in a haphazard mixture of unused and densely settled areas which has been described as “sprawl”. A more useful definition of suburban sprawl, its causes, and its consequences, is provided below in order to introduce the econometric objectives of this paper.


2012 ◽  
Vol 37 (04) ◽  
pp. 933-968 ◽  
Author(s):  
Rebecca Hamlin

International law provides nations with a common definition of a refugee, yet the processes by which countries determine who should be granted refugee status look strikingly different, even across nations with many institutional, cultural, geographical, and political similarities. This article compares the refugee status determination regimes of three popular asylum seeker destinations—the United States, Canada, and Australia. Despite these nations' similar border control policies, asylum seekers crossing their borders access three very different systems. These differences have less to do with political debates over admission and border control policy than with the level of insulation the administrative decision-making agency enjoys from political interference and judicial review. Bureaucratic justice is conceptualized and organized differently in different states, and so states vary in how they draw the line between refugee and nonrefugee.


2021 ◽  
Vol 22 (5) ◽  
pp. 833-846
Author(s):  
Tatjana Hörnle

AbstractThe article describes the #MeToo-movement in the United States and Germany and discusses the merits and problems of this social phenomenon. It highlights the fact that some features of #MeToo (blaming and sanctioning wrongdoers) resemble those of criminal punishment and thus require careful justification. In the final part, the author examines the impact of the #MeToo-movement on criminal law reform.


Author(s):  
Annelise Heinz

Mahjong: A Chinese Game and the Making of Modern American Culture illustrates how the spaces between tiles and the moments between games have fostered distinct social cultures in the United States. When this mass-produced game crossed the Pacific it created waves of popularity over the twentieth century. Mahjong narrates the history of this game to show how it has created a variety of meanings, among them American modernity, Chinese American heritage, and Jewish American women’s culture. As it traveled from China to the United States and caught on with Hollywood starlets, high society, middle-class housewives, and immigrants alike, mahjong became a quintessentially American pastime. This book also reveals the ways in which women leveraged a game for a variety of economic and cultural purposes, including entrepreneurship, self-expression, philanthropy, and ethnic community building. One result was the forging of friendships within mahjong groups that lasted decades. This study unfolds in two parts. The first half is focused on mahjong’s history as related to consumerism, with a close examination of its economic and cultural origins. The second half explores how mahjong interwove with the experiences of racial inclusion and exclusion in the evolving definition of what it means to be American. Mahjong players, promoters, entrepreneurs, and critics tell a broad story of American modernity. The apparent contradictions of the game—as both American and foreign, modern and supposedly ancient, domestic and disruptive of domesticity—reveal the tensions that lie at the heart of modern American culture.


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