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The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth
The Greening Of Canadian Cyber Laws: What Environmental Law Can Teach And Cyber Law Can Learn, Sara Smyth
Sara Smyth
This article examines whether Canadian environmental law and policy could serve as a model for cyber crime regulation. A wide variety of offences are now committed through digital technologies, including thievery, identity theft, fraud, the misdirection of communications, intellectual property theft, espionage, system disruption, the destruction of data, money laundering, hacktivism, and terrorism, among others. The focus of this Article is on the problem of data security breaches, which target businesses and consumers. Following the Introduction, Part I provides an overview of the parallels that can be drawn between threats in the natural environment and on the Internet. Both disciplines …
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Irene Scharf
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Miranda, Confessions, And Justice: Lessons For Japan?, Richard Leo
Richard A. Leo
This chapter explores whether a Miranda-like warning and waiver regime could be successfully implemented in Japan. The chapter reviews the social science and legal scholarship on Miranda's impact on American interrogation practices and suspect behavior, concluding that most American suspects continue to waive their rights and law enforcement personnel continue to obtain a high number of confessions and convictions. Next, the chapter discusses the contemporary law and practice of interrogation in Japan. In Japan, interrogation appears to be routinely psychologically coercive and virtually all defendants make either partial admissions or full confessions to alleged offenses. Confessions are regarded as superior …