Lawful Trojan Horse

2022 ◽  
pp. 621-648
Author(s):  
Bruce L. Mann

News outlets don't usually report on training methods in counter-cyberterrorism, particularly lawful trojan attacks. Instead they describe recent cyberterrorist attacks, or threats, or laws and regulations concerning internet privacy or identity theft. Yet Europe is looking to do just that to head-off the next major cyberattack by creating rules for how member states should react and respond. Several news outlets, for example, reported that Germany's Federal Criminal Police Office (BKA) were using a Trojan Horse to access the smartphone data of suspected individuals before the information was encrypted. Although the urge to strike back may be palpable, hacking-back can put power back into the hands of the suspect. The consensus now is that government action is preferable to hacking-back at attackers.

News outlets don't usually report on training methods in counter-cyberterrorism, particularly lawful trojan attacks. Instead they describe recent cyberterrorist attacks, or threats, or laws and regulations concerning internet privacy or identity theft. Yet Europe is looking to do just that to head-off the next major cyberattack by creating rules for how member states should react and respond. Several news outlets, for example, reported that Germany's Federal Criminal Police Office (BKA) were using a Trojan Horse to access the smartphone data of suspected individuals before the information was encrypted. Although the urge to strike back may be palpable, hacking-back can put power back into the hands of the suspect. The consensus now is that government action is preferable to hacking-back at attackers.


2020 ◽  
Vol 41 (1) ◽  
pp. 155-176
Author(s):  
Ivan Tot

One of the novelties introduced into Croatian law with the Financial Operations and Pre-Bankruptcy Settlement Act of 2012 (ZFPPN) is the introduction of a new legal consequence of late payment in the so-called commercial transactions. On the basis of Art. 13 (1) of the ZFPPN, the creditor of a monetary obligation is ex lege entitled to a lump sum compensation for recovery costs in Croatian kunas in the amount equivalent of forty euros. This lump sum compensation, designated in the ZFPPN as “a special compensation for the creditor's recovery costs incurred due to debtor's late payment in commercial transactions”, was introduced into Croatian law in order to comply with the provisions of the Art. 6 Directive 2011/7/EU. The paper discusses the legal nature and functions of the lump sum compensation for recovery costs and analyses the conditions for the arising of the creditor's right to a lump sum compensation, maturity and prescription of the claim to a lump sum compensation. The interpretation of the provisions of the ZFPPN in this paper is based on a comparative legal analysis and is in line with the Directive 2011/7/EU. In the utilisation of the comparative method, the solutions adopted in Austrian and German law were primarily considered, while the research also included the laws and regulations of all EU Member States that were adopted in the tranposition of the provisions of Art. 6. Directive 2011/7/EU.


Author(s):  
Sacha Garben

Title XII deals with EU competences in the fields of education, vocational training, youth, and sport. According to Article 6 TFEU, these four areas qualify among those where the EU has the power to ‘support, coordinate or supplement the actions of the Member States’, meaning that the EU’s role is limited to a secondary one and that harmonization of national laws and regulations is excluded. As we shall see, however, this has not prevented a significant amount of European integration taking place in these very areas that are often considered to belong to the core tasks of the nation state.


2020 ◽  
Vol 1 (1) ◽  
Author(s):  
John Holmwood ◽  
Helen Monks ◽  
Matt Woodhead

This article discusses issues of public communication. It does so in terms of the ethics of verbatim theatre and public sociology. The issues raised are exemplified through the Birmingham Trojan Horse affair, which has been subject to extensive media reporting and public inquiries of various kinds as well as legal processes. In that sense, there have been various “courts of public opinion” where the affair has been “staged.” In this article, it is understood as an injustice visited upon a community of British Muslims and the teachers and governors responsible for their schools, an injustice that was largely a consequence of provocative media reporting and peremptory government action. The article addresses the role of verbatim theatre in staging the injustice for public reflection and the role of public sociology as a project of writing for justice.


2021 ◽  
Vol 4 (2) ◽  
pp. 143-154
Author(s):  
Gabriella Eleonóra Bonyhai

Regulation (EU) No 650/2012 of the European Parliament and of the Council in matters of succession is based on the principles of uniformity and predictability. The succession procedure should be governed by a single statutory provision in each Member State, uniformly with regard to all types of property, in terms of quality of succession, provisions on the opening and place of the succession, ineligibility for inheritance, survivor’s rights. The harmonization that has begun runs counter to the different national laws and regulations of the Member States, which will only be possible to approximate over time, but uniform rules would significantly facilitate and resolve the legal problems that arise in succession proceedings.


Author(s):  
Michael Wilderspin

Article 65 EC The Union shall develop judicial cooperation in civil matters having cross-border implications, based on the principle of mutual recognition of judgments and of decisions in extrajudicial cases. Such cooperation may include the adoption of measures for the approximation of the laws and regulations of the Member States.


Author(s):  
Wolfgang Bogensberger

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures to promote and support the action of Member States in the field of crime prevention, excluding any harmonisation of the laws and regulations of the Member States.


Sign in / Sign up

Export Citation Format

Share Document