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An Interview With Mr Peter Mahy Of Howells Llp Who Represented S And Marper At The European Court Of Human Rights, Katina Michael, Peter Mahy Dec 2010

An Interview With Mr Peter Mahy Of Howells Llp Who Represented S And Marper At The European Court Of Human Rights, Katina Michael, Peter Mahy

Associate Professor Katina Michael

Mr Peter Mahy, Partner at Howells LLP and the lawyer who represented S & Marper in front of the Grand Chamber at the European Court of Human Rights was interviewed by Katina Michael on the 10th of October 2009 while she was studying towards a Masters of Transnational Crime Prevention in the Faculty of Law at the University of Wollongong. In 2010 Peter Mahy received the Legal Aid Lawyer of the Year award for his contribution to the field. Mahy received his honours law degree from Sheffield University and a Masters in Criminology from the University of Cambridge. He did …


The European Court Of Human Rights Ruling Against The Policy Of Keeping Fingerprints And Dna Samples Of Criminal Suspects In Britain, Wales And Northern Ireland: The Case Of S. And Marper V United Kingdom, Katina Michael Dec 2010

The European Court Of Human Rights Ruling Against The Policy Of Keeping Fingerprints And Dna Samples Of Criminal Suspects In Britain, Wales And Northern Ireland: The Case Of S. And Marper V United Kingdom, Katina Michael

Associate Professor Katina Michael

In England, Wales and Northern Ireland, the Police and Criminal Evidence Act 1984 (the PACE) contained powers for the taking of fingerprints, and samples in the form of deoxyribonucleic acid (DNA). In 2001, Section 64(1A) of the PACE was substituted with Section 82 of the Criminal Justice and Police Act. The change to legislation meant that a suspect of a crime would have their fingerprints and samples permanently stored on the police national computer (PNC) even after having been acquitted. This paper critically analyses the circumstances of the landmark case of S. AND MARPER V. THE UNITED KINGDOM in two …


The Socio-Ethical Considerations Surrounding Government Mandated Location-Based Services During Emergencies: An Australian Case Study, Anas Aloudat, K. Michael Sep 2010

The Socio-Ethical Considerations Surrounding Government Mandated Location-Based Services During Emergencies: An Australian Case Study, Anas Aloudat, K. Michael

Associate Professor Katina Michael

The adoption of mobile technologies for emergency management has the capacity to save lives. In Australia in February 2009, the Victorian Bushfires claimed 173 lives, the worst peace-time disaster in the nation’s history. The Australian government responded swiftly to the tragedy by going to tender for mobile applications that could be used during emergencies, such as mobile alerts and location services. These applications have the ability to deliver personalized information direct to the citizen during crises, complementing traditional broadcasting mediums like television and radio. Indeed governments have a responsibility to their citizens to safeguard them against both natural and human-made …


Towards A State Of Uberveillance, M.G. Michael, K. Michael Jun 2010

Towards A State Of Uberveillance, M.G. Michael, K. Michael

Associate Professor Katina Michael

Überveillance is an emerging concept, and neither its application nor its power have yet fully arrived [38]. For some time, Roger Clarke’s [12, p. 498] 1988 dataveillance concept has been prevalent: the “systematic use of personal data systems in the investigation or monitoring of the actions of one or more persons.” Almost twenty years on, technology has developed so much and the national security context has altered so greatly [52], that there is a pressing need to formulate a new term to convey both the resent reality, and the Realpolitik (policy primarily based on power) of our times. However, if …


The Legal, Social And Ethical Controversy Of The Collection And Storage Of Fingerprint Profiles And Dna Samples In Forensic Science, K. Michael Jun 2010

The Legal, Social And Ethical Controversy Of The Collection And Storage Of Fingerprint Profiles And Dna Samples In Forensic Science, K. Michael

Associate Professor Katina Michael

The collection and storage of fingerprint profiles and DNA samples in the field of forensic science for non-violent crimes is highly controversial. While biometric techniques such as fingerprinting have been used in law enforcement since the early 1900s, DNA presents a more invasive and contentious technique as most sampling is of an intimate nature (e.g. buccal swab). A fingerprint is a pattern residing on the surface of the skin while a DNA sample needs to be extracted in the vast majority of cases (e.g. at times extraction even implying the breaking of the skin). This paper aims to balance the …


Social-Technical Issues Facing The Humancentric Rfid Implantee Sub-Culture Through The Eyes Of Amal Graafstra, Amal Graafstra, K. Michael, M.G. Michael Jun 2010

Social-Technical Issues Facing The Humancentric Rfid Implantee Sub-Culture Through The Eyes Of Amal Graafstra, Amal Graafstra, K. Michael, M.G. Michael

Associate Professor Katina Michael

Radio-frequency identification (RFID) tags and transponders have traditionally been used to identify domesticated animals so that they can be reunited with their owners in the event that they stray. In the late 1990s, industry started to investigate the benefits of using RFID to identifying non-living things throughout the supply chain toward new efficiencies in business operations. Not long after, people began to consider the possibilities of getting RFID tag or transponder implants for themselves. Mr Amal Graafstra of the United States is one of the first, and probably most well-known ‘do it yourselfer’ (DIY) implantees, who enjoys building customized projects …