DOCSLIB.ORG

Electronic Evidence Fourth Edition

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Electronic Evidence Fourth Edition 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 01010011 01110100 01100101 01110000 01101000 01100101 01101110 00100000 01001101 01100001 01110011 01101111 01101110 00100000 01100001 01101110 01100100 00100000 01000100 01100001 01101110 01101001 01100101 01101100 00100000 01010011 01100101 01101110 01100111 Electronic Evidence Fourth edition Editors: Stephen Mason and Daniel Seng Electronic Evidence OBserving Law – IALS Open Book Service for Law First published by LexisNexis Butterworths, 2007 Second edition published by LexisNexis Butterworths, 2010 Third edition published by LexisNexis Butterworths, 2012 Fourth edition published by the Institute of Advanced Legal Studies for the SAS Humanities Digital Library, School of Advanced Study, University of London, 2017 Chapter 1 © George R. S. Weir and Stephen Mason, 2017; Chapter 2 © Burkhard Schafer and Stephen Mason, 2017; Chapter 3 © Stephen Mason and Daniel Seng, 2017; Chapter 4 © Chris Gallavin and Stephen Mason, 2017; Chapters 5, 6 and 10 Chapter 8 © Stephen Mason and Alisdair Gillespie, 2017; Chapter 9 © Stephen Mason,© Stephen Andrew Mason, Sheldon 2017; andChapter Hein 7 Dries, © Stephen 2017; Masonvignettes and © Allison Stephen Stanfield, Mason, 2017;2007, 2010, 2012 and 2016 Published under a CC BY-NC-ND 4.0 licence The authors assert their rights under the Copyright, Designs and Patents Act 1988 to be identified as the authors of this work. ISBN 978-1-911507-07-9 (PDF edition) This book is also available online at http://ials.sas.ac.uk/digital/humanities-digital- library/observing-law-ials-open-book-service-law. Institute of Advanced Legal Studies University of London Charles Clore House 17 Russell Square London WC1B 5DR http://ials.sas.ac.uk Electronic Evidence Fourth edition Stephen Mason and Daniel Seng of the Middle Temple, Barrister Associate Professor, National University of Singapore Editors Contributors Dr George R. S. Weir Computer and Information Sciences, University of Strathclyde Burkhard Schafer Professor of Computational Legal Theory, School of Law, University of Edinburgh Chris Gallavin Professor of Law and Deputy pro-Chancellor, Massey University Managing Director and Solicitor, SG Legal Services Pty Ltd Dr Allison Stanfield Alisdair Gillespie Professor of Criminal Law and Justice and Head of the Law School, Lancaster University Andrew Sheldon, MSc Evidence Talks Limited Hein Dries Vigilo Consult A note on our Creative Commons licence, free legal resources on the Internet and citations of websites to make available the fourth edition of Electronic Evidence under a Creative Commons licence.For the firstWe time,made the this authors, carefully the considered editors and decision the publisher because have we collectively want to promote decided a better understanding of electronic evidence, and wish to facilitate the greater accessibility and availability of our combined scholarship. We commend the Institute of Advanced Legal Studies, University of London, for its strong and continued support for academic education, learning and scholarship and the advancement of knowledge. Most readers familiar with the common law will be aware of some of the free legal sources on the Internet. For the uninitiated, the World Legal Information Institute (www.worldlii.org) is a good start. Many of the more recent cases cited in this book, web sites that are linked to the World Legal Information Institute, which in turn is coordinatedbut by no means by the all, Australasian are available Legal on the Information various independent Institute (www.austlii.edu.au), jurisdiction-specific Additional links can be found on any university library web site, including the website ofthe the first Institute of its ofkind. Advanced Note also Legal The Studies, Free AccessLondon. to It Lawmust Movement be emphasized (www.falm.info). that the free sources of case law that are available are not comprehensive. Readers will be familiar with the changing nature of URLs. Every effort has been made to ensure, where a URL is given, that it was live at the time of publication. References have been made to Wikipedia on the basis that this source is relatively accurate for information of a technical nature. Readers will be aware that these pages are open to being up-dated and changed regularly. Although it is sometimes customary to provide the date a page was last viewed on the Internet, it is taken as a given that the reader does not need this information, given the dynamic nature of the Internet. Errors and Omissions While we, our authors and the publisher have tried hard to ensure all typographical and other errors have been corrected, we are aware that we might have missed some. For this reason, we will be delighted if you let us know if you notice an error. In addition, if you detect any relevant case law, legislation, guidelines or reports that we have missed, we will appreciate it if you inform us of any helpful and pertinent materials. This edition is dedicated to the memory of a generous and distinguished man Jon Bing (30 April 1944 – 14 January 2014) Professor dr juris – author Senter for rettsinformatikk, Institutt for privatrett Det juridiske fakultet Universitetet i Oslo Also to the memory of a man with a warm heart Harald Hjort (19 September 1955 – 12 July 2016) One of the authors of the chapter on Norway in International Electronic Evidence (2008) Contents Business records xiii Preface xiv Acknowledgments xvi Table of statutes xix Table of cases xxiv 1. The sources of electronic evidence 1 George R. S. Weir and Stephen Mason Digital devices 1 The processor 1 Software 2 Memory and storage 4 Data storage facilities 4 Lost data 5 Data formats 6 Starting a computer 7 Types of evidence available on a digital device 7 Files 7 Imaging 7 System and program logs 8 MobileTemporary devices files and cache files 108 NetworksDeleted files 119 Types of network 11 Types of network applications 14 Concluding remarks 17 2. The characteristics of electronic evidence 18 Burkhard Schafer and Stephen Mason The dependency on machinery and software 21 The mediation of technology 22 Speed of change 23 Volume and replication 25 Metadata 27 Types of metadata 28 Social context and metadata 31 Storage media 33 An intellectual framework for analysing electronic evidence 34 3. The foundations of evidence in electronic form 36 Stephen Mason and Daniel Seng Direct and indirect evidence 36 Evidence in both digital and analogue form 37 Metadata and electronic evidence 38 Means of proof 38 Testimony and hearsay 39 Real evidence 39 viii Electronic Evidence Evidence in analogue form 40 Evidence in digital form 40 Documents and disclosure or discovery 43 Visual reading of a document 47 Authentication 48 Best evidence 49 Analogue evidence 52 Digital evidence 53 Civil proceedings 55 Criminal proceedings 56 Admissibility 57 Weight 58 Execution and electronic signatures 59 Video and audio evidence 61 Testimonial use in legal proceedings 61 Computer generated animations and simulations 64 IdentificationComputer-generated and recognition evidence evidence in England and Wales: civil 61 proceedings 65 Computer-generated evidence in England and Wales: criminal proceedings 66 4. Hearsay 70 Chris Gallavin and Stephen Mason The foundations of the rule of hearsay exclusion 72 CivilPublic proceedings policy justifications and the requirement for a rule of toexclusion give notice 7673 CriminalDefining hearsayproceedings 7775 Elements of hearsay 80 Business and other documents 83 Judicial discretion to exclude 86 Concluding observations 86 5. Software code as the witness 88 Stephen Mason Content written by one or more people 94 The Recordsclassification generated of digital by the data software that have not had any input 91 from a human 96 Records comprising a mix of human input and calculations generated by software 97 Challenging the code to challenge the truth of the statement 100 6. The presumption that computers are ‘reliable’ 101 Stephen Mason The purpose of a presumption 101 Presumptions and mechanical instruments 102 Judicial formulations of the presumption that mechanical instruments are in order when used 104 Judicial notice 104 A ‘notorious’ class 107 Common knowledge 109 Properly constructed 111 Contents ix Evidential foundations of the presumption 112 How judges assess the evidence
Load more

Recommended publications
  • Interliminal Tongues: Self-Translation in Contemporary Transatlantic
    INTERLIMINAL TONGUES: SELF-TRANSLATION IN CONTEMPORARY TRANSATLANTIC BILINGUAL POETRY by MICHAEL BRANDON RIGBY A DISSERTATION Presented to the Department of Romance Languages and the Graduate School of the University of Oregon in partial fulfillment of the requirements for the degree of Doctor of Philosophy June 2017 DISSERTATION APPROVAL PAGE Student: Michael Brandon Rigby Title: Interliminal Tongues: Self-translation in Contemporary Transatlantic Bilingual Poetry This dissertation has been accepted and approved in partial fulfillment of the requirements for the Doctor of Philosophy degree in the Department of Romance Languages by: Cecilia Enjuto Rangel Chairperson Amalia Gladhart Core Member Pedro García-Caro Core Member Monique Balbuena Institutional Representative and Scott L. Pratt Dean of the Graduate School Original approval signatures are on file with the University of Oregon Graduate School. Degree awarded June 2017 ii © 2017 Michael Brandon Rigby iii DISSERTATION ABSTRACT Michael Brandon Rigby Doctor of Philosophy Department of Romance Languages June 2017 Title: Interliminal Tongues: Self-translation in Contemporary Transatlantic Bilingual Poetry In this dissertation, I argue that self-translators embody a borderline sense of hybridity, both linguistically and culturally, and that the act of translation, along with its innate in-betweenness, is the context in which self-translators negotiate their fragmented identities and cultures. I use the poetry of Urayoán Noel, Juan Gelman, and Yolanda Castaño to demonstrate that they each uniquely use the process of self- translation, in conjunction with a bilingual presentation, to articulate their modern, hybrid identities. In addition, I argue that as a result, the act of self-translation establishes an interliminal space of enunciation that not only reflects an intercultural exchange consistent with hybridity, but fosters further cultural and linguistic interaction.
    [Show full text]
  • Aftermath : Seven Secrets of Wealth Preservation in the Coming Chaos / James Rickards
    ALSO BY JAMES RICKARDS Currency Wars The Death of Money The New Case for Gold The Road to Ruin Portfolio/Penguin An imprint of Penguin Random House LLC penguinrandomhouse.com Copyright © 2019 by James Rickards Penguin supports copyright. Copyright fuels creativity, encourages diverse voices, promotes free speech, and creates a vibrant culture. Thank you for buying an authorized edition of this book and for complying with copyright laws by not reproducing, scanning, or distributing any part of it in any form without permission. You are supporting writers and allowing Penguin to continue to publish books for every reader. Library of Congress Cataloging-in-Publication Data Names: Rickards, James, author. Title: Aftermath : seven secrets of wealth preservation in the coming chaos / James Rickards. Description: New York : Portfolio/Penguin, [2019] | Includes bibliographical references and index. Identifiers: LCCN 2019010409 (print) | LCCN 2019012464 (ebook) | ISBN 9780735216969 (ebook) | ISBN 9780735216952 (hardcover) Subjects: LCSH: Investments. | Financial crises. | Finance—Forecasting. | Economic forecasting. Classification: LCC HG4521 (ebook) | LCC HG4521 .R5154 2019 (print) | DDC 332.024—dc23 LC record available at https://lccn.loc.gov/2019010409 Penguin is committed to publishing works of quality and integrity. In that spirit, we are proud to offer this book to our readers; however, the story, the experiences, and the words are the author’s alone. While the author has made every effort to provide accurate telephone numbers, internet addresses, and other contact information at the time of publication, neither the publisher nor the author assumes any responsibility for errors or for changes that occur after publication. Further, the publisher does not have any control over and does not assume any responsibility for author or third-party websites or their content.
    [Show full text]
  • Banner Roundo) 2
    Il =' II I-·I·III--· I- I II · I -- - I --- L- Ir I , · -'--r- · I - I · I 2 CAZIING HOME FOR MONEY TUST GOT CHEAPER. r ^M~~rli~ftlilll~~l^Jinl~~lia~~iI~syilli^^ii~~~nj~ia~gjiiiTT^^~ Now there's a cheaper way to call home-or anywhere else. coin and collect calls. You can even use your Home Federal Just buy a Pre-Paid Phone Card at BASED ON A 3 MINUTE CALL FROM NEW YORK TO: Pre-Paid Phone Card for cellular a\ our branch on campus or your Pay Phone AT&T Home Federal phone calls and pagers. At a\ Credit Card Phone Card r- nearest Home Federal branch. Anywhere in the U.S. $5.50 $3.41 $0.75 Home Federal, you don't have France, Germany, Norway, $12.60 $7.44 $1.50 E You'll enjoy savings of 40-70% Sweden, Switzerland and U.K. to go far to call far-for less. Just Italy $19.50 $9.65 $2.25 IQ) on pay phone and credit card Korea $19.50 $8.78 $4.00 think of what you can do with O Brazil $11.30 $11.24 $4.00 O long distance rates, and 150%o on all that spare change. $.- 0 516-689-8900 Student Activities Center, Lower Level Monday-Friday 9:00AM-4:30PM, Thursdays 9:00AM-7:00PM di o c> (&I0 4-^0 <^ YOu DON'T HAVE To CO FAR To GET FAR:m * < $4 I;'eniber r)IC 31 CONVENIENT BRANCH LOCATIONS THROUGHOUT BROOKLYN, QUEENS, NASSAU, SUFFOLKAND STATEN ISLAND EQUALHOUSING LENDER k-I I 3 at lIving Pla za Sold~~~~~~~~~~~~~~1Sold OuJrsOut Jars of ClaClay ConerConcert L at Irin zt7a BY DIANA GINGO through the set with energy and strong lead Statesmant Editor _ _ vocals.
    [Show full text]
  • Principles of Tort Law Rachael Mulheron Frontmatter More Information
    Cambridge University Press 978-1-108-72764-8 — Principles of Tort Law Rachael Mulheron Frontmatter More Information Principles of Tort Law Presenting the law of Tort as a body of principles, this authoritative textbook leads students to an incisive and clear understanding of the subject. Each tort is carefully structured and examined within a consistent analytical framework that guides students through its preconditions, elements, defences, and remedies. Clear summaries and comparisons accompany the detailed exposition, and further support is provided by numerous diagrams and tables, which clarify complex aspects of the law. Critical discussion of legal judgments encourages students to develop strong analytical and case-reading skills, while key reform pro posals and leading cases from other jurisdictions illustrate different potential solutions to conun- drums in Tort law. A rich companion website, featuring semesterly updates, and ten additional chapters and sections on more advanced areas of Tort law, completes the learning package. Written speciically for students, the text is also ideal for practitioners, litigants, policy-makers, and law reformers seeking a comprehensive and accurate understanding of the law. Rachael Mulheron is Professor of Tort Law and Civil Justice at the School of Law, Queen Mary University of London, where she has taught since 2004. Her principal ields of academic research concern Tort law and class actions jurisprudence. She publishes regularly in both areas, and has frequently assisted law reform commissions, government departments, and law irms on Tort-related and collective redress- related matters. Professor Mulheron also undertakes extensive law reform work, previously as a member of the Civil Justice Council of England and Wales, and now as Research Consultant for that body.
    [Show full text]
  • Image-Based Sexual Abuse
    Oxford Journal of Legal Studies, (2017), pp. 1–28 doi:10.1093/ojls/gqw033 Image-Based Sexual Abuse Clare McGlynn* and Erika Rackley** Abstract—Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One new manifestation of such violence is the non-consensual creation and/or distribution of private sexual images: what we conceptualise as ‘image-based sexual abuse’. This article delineates the scope of this new concept and identifies the individual and collective harms it engenders. We argue that the individual harms of physical and mental illness, together with the loss of dignity, privacy and sexual autonomy, combine to constitute a form of cultural harm that impacts directly on individuals, as well as on society as a whole. While recognising the limits of law, we conclude by considering the options for redress and the role of law, seeking to justify the deployment of the expressive and coercive powers of criminal and civil law as a means of encouraging cultural change. Keywords: image-based sexual abuse, revenge porn, non-consensual pornography, cultural harm, cyber harassment, online abuse 1. Introduction Advances in technology have transformed and expanded the ways in which sexual violence can be perpetrated. One of these new manifestations of violence and abuse is the non-consensual creation and/or distribution of private sexual images: a phenomenon we have conceptualised as image-based sexual abuse.1 While the misuse of such images is not itself a new * Professor of Law, Durham University. Email: [email protected] ** Professor of Law, University of Birmingham.
    [Show full text]
  • The Concise Oxford Dictionary of Literary Terms
    The Concise Oxford Dictionary of Literary Terms CHRIS BALDICK OXFORD UNIVERSITY PRESS OXFORD PAPERBACK REFERENCE The Concise Oxford Dictionary of Literary Terms Chris Baldick is Professor of English at Goldsmiths' College, University of London. He edited The Oxford Book of Gothic Tales (1992), and is the author of In Frankenstein's Shadow (1987), Criticism and Literary Theory 1890 to the Present (1996), and other works of literary history. He has edited, with Rob Morrison, Tales of Terror from Blackwood's Magazine, and The Vampyre and Other Tales of the Macabre, and has written an introduction to Charles Maturin's Melmoth the Wanderer (all available in the Oxford World's Classics series). The most authoritative and up-to-date reference books for both students and the general reader. Abbreviations Literary Terms Oxford ABC of Music Local and Family History Paperback Accounting London Place Names* Archaeology* Mathematics Reference Architecture Medical Art and Artists Medicines Art Terms* Modern Design* Astronomy Modern Quotations Better Wordpower Modern Slang Bible Music Biology Nursing Buddhism* Opera Business Paperback Encyclopedia Card Games Philosophy Chemistry Physics Christian Church Plant-Lore Classical Literature Plant Sciences Classical Mythology* Political Biography Colour Medical Political Quotations Computing Politics Dance* Popes Dates Proverbs Earth Sciences Psychology* Ecology Quotations Economics Sailing Terms Engineering* Saints English Etymology Science English Folklore* Scientists English Grammar Shakespeare English
    [Show full text]
  • Wholemegillah
    Congregation Beth Shalom Rodfe Zedek The WholeMegillah September & October 2017 10 Elul, 5777 – 11 Heshvan, 5778 Inside this issue Reflections and Schedule for the High Holy Days pg 6–7 Rabbi Bellows’ Teaching for Sukkot................................3 Editorial on the Sh’ma by Andy Schatz...................4–5 Ellen Nodelman Presents House of Peace and Justice, the History of CBSRZ at Books & Bagels.................10–11 News from the Kivvun Korner...................12–13 Baruch Zvi Ring, Memorial Tablet and Omer Calendar, Jewish Museum, New York City (Google Art Project) www.cbsrz.org T H A N K Y O U IN THIS ISSUE to the following donors from 6/6/2017 to 8/6/2017 2nd Century Campaign Carol, Sofia and Eva LeWitt: in memory of From Our Rabbi Rita Christopher & David Frank Dr. Abraham LeWitt & Nellie LeWitt Edward & Linda Pinn Carol LeWitt & Bruce Josephy: in memory of 3 Rabbi Marci Bellows Michael Roth & Kari Weil Phil Burzin, Bernie Slater, Bennett Millstein and 860-526-8920 Andy Schatz & Barbara Wolf Harvey Redak [email protected] Natalie Lindstrom: in memory of Lee Marcus Sh’ma Editorial Tzedakah Collective Norman Needleman: in memory of Ann Needleman Cantor Belinda Brennan Cantor Educator Sophie & Maurice Khaski Norman Needleman: in memory of Karen Joy 4–5 Berfond 860-526-8920 Harvey Payton: in memory of William Payton [email protected] Food/Beverage Fund Saul & Hila Rosen: in memory of Susan Cohen Ethan Goller & Rona Malakoff High Holiday Maxine Klein Glassberg, Harry Rosen, Mildred Rosen and President Debra Landrey Frances
    [Show full text]
  • Image-Based Sexual Abuse Rackley, Erika; Mcglynn, Clare
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Birmingham Research Portal Image-based sexual abuse Rackley, Erika; McGlynn, Clare DOI: 10.1093/ojls/gqw033 License: Other (please specify with Rights Statement) Document Version Peer reviewed version Citation for published version (Harvard): Rackley, E & McGlynn, C 2017, 'Image-based sexual abuse', Oxford Journal of Legal Studies. https://doi.org/10.1093/ojls/gqw033 Link to publication on Research at Birmingham portal Publisher Rights Statement: This is a pre-copyedited, author-produced version of an article accepted for publication in Oxford Journal of Legal Studies following peer review. The version of record McGlynn, Clare, and Erika Rackley. "Image-based sexual abuse." Oxford Journal of Legal Studies (2017). is available online at: https://doi.org/10.1093/ojls/gqw033 General rights Unless a licence is specified above, all rights (including copyright and moral rights) in this document are retained by the authors and/or the copyright holders. The express permission of the copyright holder must be obtained for any use of this material other than for purposes permitted by law. •Users may freely distribute the URL that is used to identify this publication. •Users may download and/or print one copy of the publication from the University of Birmingham research portal for the purpose of private study or non-commercial research. •User may use extracts from the document in line with the concept of ‘fair dealing’ under the Copyright, Designs and Patents Act 1988 (?) •Users may not further distribute the material nor use it for the purposes of commercial gain.
    [Show full text]
  • Languages of New York State Is Designed As a Resource for All Education Professionals, but with Particular Consideration to Those Who Work with Bilingual1 Students
    TTHE LLANGUAGES OF NNEW YYORK SSTATE:: A CUNY-NYSIEB GUIDE FOR EDUCATORS LUISANGELYN MOLINA, GRADE 9 ALEXANDER FFUNK This guide was developed by CUNY-NYSIEB, a collaborative project of the Research Institute for the Study of Language in Urban Society (RISLUS) and the Ph.D. Program in Urban Education at the Graduate Center, The City University of New York, and funded by the New York State Education Department. The guide was written under the direction of CUNY-NYSIEB's Project Director, Nelson Flores, and the Principal Investigators of the project: Ricardo Otheguy, Ofelia García and Kate Menken. For more information about CUNY-NYSIEB, visit www.cuny-nysieb.org. Published in 2012 by CUNY-NYSIEB, The Graduate Center, The City University of New York, 365 Fifth Avenue, NY, NY 10016. [email protected]. ABOUT THE AUTHOR Alexander Funk has a Bachelor of Arts in music and English from Yale University, and is a doctoral student in linguistics at the CUNY Graduate Center, where his theoretical research focuses on the semantics and syntax of a phenomenon known as ‘non-intersective modification.’ He has taught for several years in the Department of English at Hunter College and the Department of Linguistics and Communications Disorders at Queens College, and has served on the research staff for the Long-Term English Language Learner Project headed by Kate Menken, as well as on the development team for CUNY’s nascent Institute for Language Education in Transcultural Context. Prior to his graduate studies, Mr. Funk worked for nearly a decade in education: as an ESL instructor and teacher trainer in New York City, and as a gym, math and English teacher in Barcelona.
    [Show full text]
  • Anonymity, Obscurity, and Technology: Reconsidering Privacy in the Age of Biometrics
    ANONYMITY, OBSCURITY, AND TECHNOLOGY: RECONSIDERING PRIVACY IN THE AGE OF BIOMETRICS JONATHAN TURLEY ABSTRACT For decades, cinematic and literary works have explored worlds without privacy: fishbowl societies with continual, omnipresent surveillance. For those worried about a post-privacy world, facial recognition technology and other biometric technology could well be the expanding portal to that dystopia. These technologies are rapidly transforming a society predicated on privacy into a diaphanous society where identity and transparency are defining elements. Biometric technology is perfectly suited to evade current privacy protections and doctrines because it presents new challenges to the existing legal framework protecting privacy. The greatest threat of this technological shift is to democratic activities—the very reason that countries such as China have invested so heavily into biometric surveillance systems. This Article explores how our traditional privacy notions fit into a new age of biometrics. It seeks to frame the debate on what values society’s notions of privacy protect, and how to protect them. After exploring prior approaches and definitions to privacy, it proposes a shift from an emphasis on anonymity to a focus on obscurity. The truth is that we now live in a “nonymous” world where our movements and associations will be made increasingly transparent. This Article concludes by recommending a comprehensive approach to biometric technology that would obscure increasingly available images and data while recasting privacy protections to fit a new and unfolding biometric reality. This obscurity will allow participation in society to continue unimpeded by the chilling effects created by the new technology. Without it, our democratic society will never be the same.
    [Show full text]
  • The Gift of Israel Jars of Clay Open up at UMBC Books, Java and Happy
    I • Sept. 2000 ' ' J I PAGE 15 Jamie Peck trudges Curio Shoppe 20 through Survivor tell-all becomes She-Ra 23 Adam Craigmiles reach- Getting personal 20 es Sunny California with Persiflage 24 (insert name here] b y a n n a k a p I a n week has passed, and Andrew's second week of con­ a small green plastic test entries. Andrew, [INH] is Ahippo is still sitting very sorry that you did not get around the Retriever Weekly the prize. You really do office, wondering why no one deserve one for your consisten­ has come to pick it up yet. cy. Tune in next week for fur­ Where are you, Sal Paradise? ther prize announcements. Why won't you pick up your The official winner and the prize? If you can, please stop recipient of a book about cho­ by the office on Friday after­ lesterol whose title [INH] can­ noon. [Insert Name Here] is not recall at the moment is dying to meet a fellow someone named BigDon. His Kerouac fan. entry is as follows: Now on to the contest busi­ "Classes and their slogans ness. This is the second week Art: Where homicidal rages in a row that people have sub­ and clay can earn you a degree. mitted entries, which makes Greek Mythology: Large [INH] feel all warm and fuzzy naked men are the norm. inside. If this keeps happening, History: Undeniable proof it will just have to melt into a that people like to kill each big happy puddle on the floor.
    [Show full text]
  • A UK Perspective on an Australian Privacy Tort
    Enhancing Press Freedom through Greater Privacy Law: A UK Perspective on an Australian Privacy Tort Paul Wragg Abstract In light of previous inquiries identifying areas of concern in Australia’s privacy law provisions, the Australian Law Reform Commission (‘ALRC’) recently devised a new tort that, if implemented, would better protect individuals from serious invasions of privacy. Although the tort was designed principally with new technologies in mind, there has been vociferous concern that such a tort might unduly inhibit press freedom. This response is familiar to United Kingdom (‘UK’) commentators who have seen the press, in particular, react similarly to common law developments in privacy law. Yet that experience has not been entirely unfavourable to the UK press; indeed, the jurisprudence discloses a generous treatment of the term ‘public interest’, which has kept interference with press activity to a minimum. In light of the reference to press freedom within the ALRC’s proposed tort, and given the absence of an express constitutional provision protecting Australian press speech, this article argues that the UK experience shows how, counterintuitively, the ALRC’s proposed tort could actually enhance, rather than diminish, press freedom protection in Australia. New technologies enable perpetrators to invade a victim’s privacy in ways not previously possible. These serious invasions of privacy are multi-dimensional and complex. We would caution against a simplistic description of such acts as being ‘revenge porn’. [They include] the use of GPS to monitor victim’s movements … monitoring her contacts and abusing her friends and family. Women’s Legal Service Victoria and Domestic Violence Resource Centre Victoria1 Associate Professor in Law, University of Leeds, Leeds, UK; Academic Fellow, Honourable Society of the Inner Temple, London, UK; Visiting Fellow, Sydney Law School, University of Sydney, Sydney, Australia.
    [Show full text]