institutional liability
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2022 ◽  
pp. 273-287
Author(s):  
Zouheir Trabelsi ◽  
Margaret McCoey ◽  
Yang Wang

This chapter identifies and discusses the learning outcomes to be achieved because of hands-on lab exercises using ethical hacking. It discusses the ethical implications associated with including such labs in the information security curriculum. The discussion is informed by analyses of log data on student malicious activities, and the results of student surveys. The examination of student behavior after acquiring hands-on offensive skills shows that there is potentially a high risk of using these skills in an inappropriate and illegal manner. While acknowledging the risk and the ethical problems associated with teaching ethical hacking, it strongly recommends that information security curricula should opt for a teaching approach that offers students both offensive hands-on lab exercises coupled with ethical practices related to the techniques. The authors propose steps to offer a comprehensive information security program while at the same time minimizing the risk of inappropriate student behavior and reducing institutional liability in that respect and increasing the ethical views and practices related to ethical hacking.


Author(s):  
Zouheir Trabelsi ◽  
Margaret McCoey ◽  
Yang Wang

This chapter identifies and discusses the learning outcomes to be achieved because of hands-on lab exercises using ethical hacking. It discusses the ethical implications associated with including such labs in the information security curriculum. The discussion is informed by analyses of log data on student malicious activities, and the results of student surveys. The examination of student behavior after acquiring hands-on offensive skills shows that there is potentially a high risk of using these skills in an inappropriate and illegal manner. While acknowledging the risk and the ethical problems associated with teaching ethical hacking, it strongly recommends that information security curricula should opt for a teaching approach that offers students both offensive hands-on lab exercises coupled with ethical practices related to the techniques. The authors propose steps to offer a comprehensive information security program while at the same time minimizing the risk of inappropriate student behavior and reducing institutional liability in that respect and increasing the ethical views and practices related to ethical hacking.


2019 ◽  
Vol 16 (1) ◽  
pp. 42-67
Author(s):  
Carla Ferstman

In recent years, UN peacekeepers have been accused of several mass torts causing significant injury to host populations. Using the International Law Commission’s Draft Articles on the Responsibility of International Organizations as a backdrop, this article charts the efforts taken by host populations to seek reparation for the harms they suffered and the responses of the UN to arguments about their institutional liability and the consequential obligations to afford reparation. The author argues that the misapplication of the lex specialis principle has been central to the UN’s avoidance strategies.


2018 ◽  
Vol 77 (3) ◽  
pp. 506-535 ◽  
Author(s):  
Paula Giliker

AbstractThis paper will argue that, in the light of recent case law in the UK and Australia, a new approach is needed when dealing with claims for vicarious liability and non-delegable duties in the law of tort. It will submit that lessons can be learnt from a comparative study of these jurisdictions, notably by reflecting on the courts’ treatment of claims of institutional liability for child sexual abuse. In parallel to decisions of their highest courts, public enquiries in Australia and England and Wales, established to report on historic child sexual abuse and how to engage in best practice, are now reporting their findings which include proposals for victim reparation: see Royal Commission into Institutional Responses to Child Sexual Abuse (Australia, 2017) including its Redress and Civil Litigation Report (2015); Independent Inquiry into Child Sexual Abuse (Interim report, England and Wales, 2018). The Australian reports suggest reforms not only to state practice, but also to private law. This article will critically examine the operation of vicarious liability and non-delegable duties in England and Wales and Australia and proposals for statutory intervention. It will submit that a more cautious incremental approach is needed to control the ever-expanding doctrine of vicarious liability in UK law and to develop more fully its more restrictive Australian counterpart.


Author(s):  
Zouheir Trabelsi ◽  
Margaret McCoey

Teaching offensive security (ethical hacking) is becoming a necessary component of information security curricula with a goal of developing better security professionals. The offensive security components extend curricula beyond system defense strategies. This paper identifies and discusses the learning outcomes achieved as a result of hands-on lab exercises which focus on attacking systems. The paper includes the ethical implications associated with including such labs. The discussion is informed by analyses of log data on student malicious activities, and student survey results. The examination of student behavior after acquiring these skills demonstrates that there is potentially a high risk of inappropriate and illegal behavior associated with this type learning. While acknowledging these risks and problems, the paper recommends that curricula should opt for a teaching approach that offers students both offensive and defensive hands-on lab exercises in conjunction with lecture material. The authors propose steps to minimize the risk of inappropriate behavior and reduce institutional liability.


2015 ◽  
Vol 9 (4) ◽  
pp. 391-395 ◽  
Author(s):  
Marsha Williams ◽  
Sally Trued ◽  
Betty Duggan ◽  
Darrin Pruitt

ABSTRACTObjectiveTo describe hospitals’ perceptions of the New York City Medical Reserve Corps (NYC MRC); clarify administrative, legal, and clinical obstacles to the use of NYC MRC volunteers; and identify possible strategies to overcome these barriers.MethodsWe administered an informational questionnaire to 33 NYC hospitals and conducted 2 facilitated discussion groups comprising 62 hospital representatives.ResultsThe most commonly reported hospital barriers to the use of MRC volunteers were concerns about the clinical competence of the volunteers, their lack of familiarity with medical technology used clinically in a hospital setting, and the potential for institutional liability.ConclusionsAlthough the NYC MRC has the potential to assist the health care system in the event of a disaster, NYC hospitals will need clarification of the clinical and legal issues involved in the use of MRC volunteers for patient care. (Disaster Med Public Health Preparedness. 2015;9:391–395)


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