scholarly journals The Missing Algorithm: Safeguarding Brady Against the Rise of Trade Secrecy in Policing

2021 ◽  
pp. 157
Author(s):  
Deborah Won
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Due Process ◽  
Trade Secret ◽  
Intellectual Property Protection ◽  
The State ◽  
Police Departments ◽  
Power Asymmetry ◽  
Due Process Rights

Trade secrecy, a form of intellectual property protection, serves the important societal function of promoting innovation. But as police departments across the country increasingly rely on proprietary technologies like facial recognition and predictive policing tools, an uneasy tension between due process and trade secrecy has developed: to fulfill Brady’s constitutional promise of a fair trial, defendants must have access to the technologies accusing them, access that trade secrecy inhibits. Thus far, this tension is being resolved too far in favor of the trade secret holder—and at too great an expense to the defendant. The wrong balance has been struck. This Note offers three contributions. First, it explains the use of algorithms in law enforcement and the intertwined role of trade secrecy protections. Second, it shows how trade secrecy clashes with the Due Process Clause—the Constitution’s mechanism for correcting the power asymmetry between the state and the defendant—and argues that due process should not waver simply because a source of evidence is digital, not human. Third, it proposes a solution that better balances a defendant’s due process rights with intellectual property protections.

Economic and Legal Support for Commercialization of Intellectual Property in Russia

2003 ◽  
pp. 66-76
Author(s):  
I. Dezhina ◽  
I. Leonov
Keyword(s):  
Intellectual Property ◽  
The State ◽  
Commercial Application ◽  
The West ◽  
Role Of The State ◽  
Legal Context

The article is devoted to the analysis of the changes in economic and legal context for commercial application of intellectual property created under federal budgetary financing. Special attention is given to the role of the state and to comparison of key elements of mechanisms for commercial application of intellectual property that are currently under implementation in Russia and in the West. A number of practical suggestions are presented aimed at improving government stimuli to commercialization of intellectual property created at budgetary expense.

scholarly journals PERTANGGUNGJAWABAN ADVOKAT SEBAGAI GATEKEEPER DALAM KAITANNYA DENGAN TINDAK PIDANA PENCUCIAN UANG

Media Iuris ◽  
2018 ◽  
Vol 1 (2) ◽  
pp. 350
Author(s):  
Rendy Ardy Septia Yuristara
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Money Laundering ◽  
Legal Profession ◽  
The State ◽  
Professional Responsibilities ◽  
Basic Purpose ◽  
The Law

Advocates are the most vulnerable professions to be Gatekeepers in money laundering. Indeed, the advocate profession is part of the law enforcement apparatus that can contribute better in preventing money laundering activities to develop. Affirmation about the role of advocate that can suppress the occurrence of money laundering crime, that is with the issuance of PP. 43 of 2015, which places advocates as one of the reporting parties in the agenda of eradicating money laundering crime. However, the substance of the rule draws criticism from some misguided advocates in interpreting the intent and purpose of the arrangement. Moreover there are some advocates who consider that the rule is against the rules that regulate immunity rights in the profession advocate. The misinterpretation of some advocates related to the immunity rights inherent in the profession, causing the work of the advocate profession to be considered irrelevant, and not worthy of being called the nobleprofession (OfficiumNobile), But as a bad profession in integrity and promoting commercialization. In fact, the basic purpose of the arrangement of PP. 43 of 2015, which places the advocate profession as one of the reporting parties on the eradication agenda of money laundering, is a form of respect for the profession of advocate who is a noble profession, by prioritizing his professional responsibilities to the state, society and God, as well as his obligations as part of The legal profession to uphold the law and uphold the value of human rights while on duty.

INNOVATIVE AND INTELLECTUAL PROPERTY PROTECTION

2020 ◽  
pp. 50-52
Author(s):  
A. A. Akimov
Keyword(s):  
Intellectual Property ◽  
Intellectual Property Protection ◽  
The State

Statistics on international innovation and the state of intellectual property protection in Russia are provided. Trends in the protection of intellectual property in Russia and abroad are described.

scholarly journals Do Cultural Differences Impact on Intellectual Property Protection in the United States and China?

2019 ◽  
Author(s):  
Meihua Chen ◽  
Tao Jin
Keyword(s):  
United States ◽  
Intellectual Property ◽  
Cultural Differences ◽  
Knowledge Economy ◽  
Cultural Influences ◽  
Core Competency ◽  
The United States ◽  
Trade Secret ◽  
Intellectual Property Protection ◽  
Knowledge Practices

In a knowledge economy, intellectual property is highly related to core competency of an organization. Without proper protection, the competitive advantage is vulnerable to imitation and counterfeiting. Intellectual property protection can be seen as information and knowledge activities that are taken to prevent trademark, patent, copyright, and trade secret infringement. Between the United States and China, there is an intense and enduring controversy on intellectual property protection. Many previous relevant studies on this issue adopted a legal and governance approach, rarely focusing on the effect of cultural differences on these information and knowledge practices. This paper reports the theoretical exploration portion of an on-going empirical research on the cultural influences that impact intellectual property protection in the two countries, aiming to draw some implications for the field of knowledge management.

The Role of Covert Policing and the Use of Its Results in Criminal Proceedings Involving Unlawful Restraint for Ransom

2017 ◽  
Vol 9 (1) ◽  
pp. 123-0
Author(s):  
Zbigniew Niemczyk
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
The State ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Specific Manner ◽  
The Subject ◽  
Ultimate Objective ◽  
High Level

The article is concerned with the subject matter of covert policing involving cases where a hostage is unlawfully taken and detained with the purpose of forcing other persons to act in a specific manner. Such activities, being among the most difficult procedures relevant to the work of law enforcement agencies, are usually conducted in conditions determined by a rapidly changing factual situation, high level of criminal conspiracy and the state of permanent risk to the hostage’s life, the saving of which is the ultimate objective of public officers. Due to these factors, covert policing related to this kind of cases — given its nature and its investigative potential — becomes extremely important. The author’s aim is to determine the essence and functions of covert policing, and in particular to present conditions which must be met to adequately process covertly obtained intelligence for the needs of criminal proceedings.

Archival description of cases of the Kursk Gendarme Police Department as a source for studying the activities of the railway police (1869–1916)

2019 ◽  
pp. 159-165
Author(s):  
Nikolay Petrykin
Keyword(s):  
Law Enforcement ◽  
Special Functions ◽  
Police Department ◽  
Russian Society ◽  
Police Departments ◽  
Retrospective Assessment ◽  
The Social ◽  
Reform Period ◽  
The Russian Empire

We highlight the need to study the activities of gendarme police departments of railways on the basis of reliable sources and versatile approaches. We made a structural analysis of the archive inventory of the affairs of the Kursk Gendarme Police Department of the Moscow Gendarme Police Department of railways for the period of 1869–1916. The basic directions and some features of the organization of service of the gendarme railway police are revealed. A longitudinal study of the clerical work allowed us to see in the dynamics of meaningful practice, to identify the subjects of the system of relations between the railway gendarmes, their role and place in the law enforcement system of the Russian Empire. In classifying cases of the Kursk Gendarme Police Department by the institutional criterion, a retrospective assessment of the activities of railway gendarmes was given. On the basis of the obtained statistical data, critical conclusions were drawn up about the social processes that took place in Russian society in the post-reform period. Studying the cases of the model department of one of the gendarme police departments of railways allowed to draw conclusions about the role of the railway gendarme police units of the lowest level in the overall implementation of police and special functions, including in solving administrative issues, interacting with various officials, employees of railways, citizens.

INTELLECTUAL PROPERTY PROTECTION, ENTREPRENEURSHIP, AND ECONOMIC GROWTH

1996 ◽  
Vol 04 (03) ◽  
pp. 267-285
Author(s):  
FRANCIS W. RUSHING ◽  
MARK A. THOMPSON
Keyword(s):  
Economic Growth ◽  
Intellectual Property ◽  
Research And Development ◽  
Technological Change ◽  
New Technologies ◽  
Intellectual Property Protection ◽  
Economic Literature ◽  
The Third ◽  
The Impact

This paper brings together the importance of intellectual property protection (IPP) and entrepreneurship in economic growth. The paper surveys the economic literature on what factors are important to growth. The focus is on recent models of endogenous growth which reflect on the role of investment, technological change and education. Secondly, publications, which measure the impact of IPP on some of the growth elements identified are reviewed. The third section deals with IPP and the entrepreneur as an important agent and facilitator of growth. It discusses the nature of IPP as an incentive in not only stimulating the development of new technologies and processes but also the dissemination of existing technologies. Using the surveys as background, short case studies for India and Brazil are presented on IPP as a stimulus and application of research and development. The last section summarizes the previous sections and draws some conclusions with respect to policy.

scholarly journals THE ROLE OF THE SUMMARY IN SAVING OF CONFUSED OBJECTIVES TO SUPPORT LAW ENFORCEMENT IN A CRIMINAL JURISDICTION SYSTEM

2018 ◽  
Vol 1 (2) ◽  
pp. 52-60
Author(s):  
Tri Budi Haryoko
Keyword(s):  
Law Enforcement ◽  
Government Regulation ◽  
Criminal Procedure ◽  
Qualitative Approach ◽  
The State ◽  
The Core ◽  
Procedure Code ◽  
Storage House ◽  
Law Enforcement Officials

This writing aims to discuss the implementation of the duties and functions of  management of confiscated objects and booty of the state in the Class I Semarang  Sitemap Storage House. One of the core business of the implementation of the  RUPBASAN duties and functions is the function of saving the confiscated objects of the  state that have been mandated in. This paper will see if there is a gap gap when the  function of rescuing confiscated objects mandated by Law No. 8 of 1981 concerning the  Book of Law on Criminal Procedure (KUHAP) and Government Regulation Number 27 of  1983 concerning the Implementation of the Criminal Procedure Code can work well with  support and commitment. related law enforcement officials. It was also explained that  the storage of confiscated objects and booty of the State in the RUPBASAN aims to  guarantee the protection of the safety and security of confiscated objects for the  purposes of evidence at the level of investigation, prosecution, and examination in court  as well as objects which are otherwise confiscated for the state based on court decisions  which has permanent legal force.This paper uses a qualitative approach. The results of  the discussion indicate that the implementation of confiscated objects in RUPBASAN is in  accordance with the KUHAP mandate. But in its implementation these tasks and  functions have not been optimally supported both from internal institutions and related  law enforcement institutions. 

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