IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION

According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.

The European Union Artificial Intelligence Act: Potential implications for Australia

The European Union (EU) published its proposed Regulation laying down harmonised rules for Artificial Intelligence (the Artificial Intelligence Act) on 21 April 2021. Once it comes into force, this Act will impact upon Australia. It is therefore important that Australians take note of the proposal at this relatively early stage. This article brings attention to the key features of the EU’s proposed Artificial Intelligence Act. However, the main aim is to highlight why it is important for Australia and to examine, in some detail, the rules that will determine when the Act applies to Australians.

The European Commission’s Proposal for an Artificial Intelligence Act—A Critical Assessment by Members of the Robotics and AI Law Society (RAILS)

On 21 April 2021, the European Commission presented its long-awaited proposal for a Regulation “laying down harmonized rules on Artificial Intelligence”, the so-called “Artificial Intelligence Act” (AIA). This article takes a critical look at the proposed regulation. After an introduction (1), the paper analyzes the unclear preemptive effect of the AIA and EU competences (2), the scope of application (3), the prohibited uses of Artificial Intelligence (AI) (4), the provisions on high-risk AI systems (5), the obligations of providers and users (6), the requirements for AI systems with limited risks (7), the enforcement system (8), the relationship of the AIA with the existing legal framework (9), and the regulatory gaps (10). The last section draws some final conclusions (11).

On the Reachability of a Feedback Controlled Leontief-Type Singular Model Involving Scheduled Production, Recycling and Non-Renewable Resources

This paper proposes and studies the reachability of a singular regular dynamic discrete Leontief-type economic model which includes production industries, recycling industries, and non-renewable products in an integrated way. The designed prefixed final state to be reached, under discussed reachability conditions, is subject to necessary additional positivity-type constraints which depend on the initial conditions and the final time for the solution to match such a final prescribed state. It is assumed that the model may be driven by both the demand and an additional correcting control in order to achieve the final targeted state in finite time. Formal sufficiency-type conditions are established for the proposed singular Leontief model to be reachable under positive feedback, correcting controls designed for appropriate demand/supply regulation. Basically, the proposed regulation scheme allows fixing a prescribed final state of economic goods stock in finite time if the model is reachable.

Run Gauntlets or Pay Pirates? Regulating Vessel Speeds in High-Risk Waters

Maritime commerce in world commerce. Each year, vessels carry more cargo at higher costs and faster speeds. Insurance is an integral part of shipping, as it protects cargoes and crews against the perils of the sea. This article focuses on the peril of piracy, a criminal practice that has evolved significantly throughout history. Pirates today, as pirates of the past, prey upon the unprotected. Yet, modern piracy, unlike historical piracy, is essentially non-violent. The modern pirate profits from ransom, not theft. Today, piracy is a monetary risk with compu­­­table consequences: an insurable threat. Anti-piracy methods, including insurance, impose steep costs to world trade. In the past decade, pirate activity has declined while piracy insurance has grown more expensive. This phenomenon is problematic, but an industry-wide solution is a challenging construct. To handle the costly risks of piracy is to balance the distinct and competing interests of ship-owners, insurers, operators, and governments. As this Article argues, insurance can more efficiently mitigate piracy’s puzzling risk. After discussing maritime piracy and maritime insurance, this Article outlines the legal and regulatory schema for a system to mandate the speeds of vessels that transit pirate-prone waters. The proposed regulation is mechanically sound, logistically feasible, cost-effective, and enforceable. To diminish the costly risk of piracy, this Article proposes revising a treaty to afford the International Maritime Organization (IMO) jurisdiction to regulate vessel speeds on the high seas.

‘It brings light to what you really put into your body’: a focus group study of reactions to messages about nicotine reduction in cigarettes

ObjectiveIn 2017, the US Food and Drug Administration (FDA) announced a proposed regulation to lower nicotine in cigarettes to minimally addictive levels to help smokers quit. We sought to explore effective message strategies communicating about nicotine reduction in cigarettes across the different key audiences that the regulation is most likely to influence.MethodsWe designed four types of messages: efficacy messages, risk messages, a message about alternative sources of nicotine and a compensation message. Sixteen virtual focus groups were conducted in Atlanta and San Francisco in April–May 2020. Data were analysed in NVivo 12.0 using a thematic analysis approach.FindingsExclusive smokers were receptive to both efficacy messages and risk messages. Dual users were the only group that was open to resorting to alternative sources of nicotine. Former smokers were critical of these messages as promoting the new kinds of cigarettes and potentially encouraging initiation and relapse of smoking. Non-smokers felt that efficacy messages downplayed the risks of smoking and did not scare people away from smoking. Presenting information that very low nicotine cigarettes (VLNCs) still contain harmful chemicals made smokers question continued smoking in the absence of nicotine and view VLNCs as harmful.ConclusionsMessages communicating about nicotine reduction in cigarettes might help to motivate smokers to quit and can correct the misperceptions that VLNCs are less harmful. The FDA should consider specific target audiences and use different messages that complement each other in communicating about this regulation.

Understanding commercial actors’ engagement in policy debates on proposed e-cigarette regulation in Scotland

IntroductionThere is growing concern about transnational tobacco corporations’ (TTCs) and other commercial actors’ involvement in e-cigarette policy development. Previous analyses suggest that TTCs used e-cigarette debates to demonstrate alignment with public health and re-gain policy influence. Less is known about the engagement of other types of commercial actors in e-cigarette policy debates.MethodsThis paper is the first to empirically analyse commercial actors’ engagement in an e-cigarette policy consultation process and to examine their views on proposed regulation. It applies mixed methods, drawing on policy consultation submissions (n=32), semi-structured interviews (n=9) and a social network analysis of website links among 32 commercial actors.ResultsThe results show that commercial actors’ positions on e-cigarette regulation aligned with business interests. TTCs, independent e-cigarette manufacturers and other non-licensed commercial actors were opposed to most aspects of potential e-cigarette regulation (except for age of sale restrictions), whereas licensed commercial actors, including pharmaceutical companies, supported more stringent regulation. While collaboration was viewed as strategically important to gain policy influence, distinct commercial interests and concerns about TTC credibility led to strategic distancing and to collaboration being largely confined to sector boundaries. In addition to reiterating arguments employed by TTCs in previous regulatory debates, commercial actors focused on highlighting the technical complexity and harm reduction potential of e-cigarettes.ConclusionAwareness of the various commercial interests and strategic positioning of commercial actors in e-cigarette policy should inform public health advocacy and policy development, including managing conflicts of interest in the context of Framework Convention on Tobacco Control Article 5.3.

Proposed Regulation of Third-Party Funding in Investor-State Dispute Settlement

Third-party litigation funding is increasingly used to finance legal claims in investor-state dispute settlement, with financiers funding investor claims against sovereign states in exchange for a share of potentially substantial compensation rendered in eventual arbitral awards. A chiefly unregulated phenomenon, third-party funding has been perceived especially controversial in the context of the investment arbitration regime, a system some allege is already ingrained with inequities. Third-party funding raises numerous policy questions, such as conflicts of interests, disclosure, costs of the proceedings, and even the entire permissibility of the practice in investor-state dispute settlement. This review raises various issues and concerns related to third-party funding in investor-state dispute settlement and presents the regulatory efforts and criticism thereof with regards to the reform of rules of both the International Centre for Settlement of Investment Disputes and the United Nations Commission on International Trade Law.

Automated Tire Pressure Control System for Multi-Purpose Wheeled Vehicles

The cross-country capability of multi-purpose wheeled vehicles is one of the most important operational properties of these technical objects. In many ways, it is determined by their traction characteristics. There are a number of ways to improve traction and coupling properties of multipurpose wheeled vehicles, the main ones are the use of various kinds of traction control systems, blocking of interaxle and interwheel differentials, the use of ballast and several others. Recently, one of the ways to improve the traction properties and cross-country ability of vehicles on soils with weak load-bearing capacity is a regulation of air pressure in the tires of the driving wheels of multi-purpose wheeled vehicles. The paper describes the process of interaction of the wheel mover with the ground surface when the air pressure in the tire changes. The influence of air pressure on the traction properties of wheeled vehicles is established. The system of automatic control of air pressure in tires of mobile cars depending on road conditions is offered. The use of the proposed regulation principle will significantly increase the cross-country ability of multi-purpose wheeled vehicles in heavy traffic conditions, eliminating the subjective factor in the person of the vehicle operator.

Exploring Changing Requirements of Financial Statement Audit Reports via a Morphogenetic Approach

There has been an ongoing concern with the quality of financial audit reports issued by registered public accounting firms in relation to financial accountability and transparency of the financial statements. In July 2009 the Public Accounting Oversight Board (PCAOB) released a concept paper outlining changes to the requirements of financial audit activities such as the inclusion of the engagement partner’s signature on the financial audit reports. The aim of these new requirements was to improve the accountability of engagement partners as well as enhance the perception of transparency of the audit reports. However, the contribution and effectiveness of these requirements to improve accountability and transparency of audit reports for various stakeholders relying on the audited financial information is questionable. This study explores the impact and effectiveness of changes to auditing regulation and processes through the application of Archer’s (1995) morphogenetic approach which is based on social conditioning, social interaction, and social elaboration where the structural influences provides the environment for agents to differentiate themselves. In addition, this study demonstrates how proposed regulation changes mould the qualities of audit regulation, the profession and the auditor whose perspectives deserved to be noticed from the dominant constituencies structured by the propositions of a morphogenetic analysis.