Academic literature on the topic 'Firearms – Law and legislation – Data processing'
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Journal articles on the topic "Firearms – Law and legislation – Data processing"
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Ravnyushkin, A. V. "The Legal Issues of Firearms Trafficking in the United States of America." Siberian Law Review 19, no. 4 (January 8, 2023): 356–73. http://dx.doi.org/10.19073/2658-7602-2022-19-4-356-373.
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Relevance and subject of research. The circulation of firearms as a source of increased danger is subject to legal regulation and control in the Russian Federation. The use of weapons by police officers is no exception. The norms of the Federal Law of February 7, 2011 No. 3-FZ “About the Police” (hereinafter referred to as the Law “About the Police”) refer to the achievements of domestic administrative science as a result of the work of specialists. In systemic connection with the norms of criminal law, they regulate the conditions and limits for the use of coercive measures by police officers, including firearms. The fundamental ideas of the activities of the Russian police have successfully cooperated with the norms of international law. On the contrary, in the socalled “leading” democratic state – the United States of America, such cooperation does not look well-coordinated, which the Author substantiates when studying the origins of the right of citizens of this state to own firearms, the regulatory regulation of the circulation of weapons in the United States, the negative consequences of this regulation (based on research by American scientists and statistical data), the activities of the US police to counter armed attacks and its legal regulation. One of the US attempts to comply with international law in this area is analyzed, namely the adopted new policy of the US Customs and Border Protection on the use of force, including firearms.The purpose of the study is to determine the state of legal regulation of the circulation of civilian firearms in the United States, the use of these weapons as a coercive measure by police officers in order to identify its positive aspects, in the presence of which the decision on the possibility / impossibility of their introduction into Russian legislation. This led to the setting of the following tasks: to study the constitutional foundations of the right to own firearms by US citizens (historical aspect); to determine the current state of legal regulation of civilian circulation of firearms in the United States and its consequences; analyze the activities of the US police to counter armed attacks and its legal regulation, evaluate them and determine the prospects for their improvement; identify the provisions of American legislation that are of scientific interest, and the possibility / impossibility of their implementation in Russian legislation.The methodological basis of the study was a dialectical approach to the scientific knowledge of social relations associated with the circulation of firearms, the implementation of their state regulation, analysis and synthesis of the results obtained during the study, which made it possible to formulate and substantiate the conclusions. Among the special methods used in the study are the method of studying normative legal acts and documents, the empirical method, the method of processing and analyzing data, and their generalization. Findings. The study shows that the constitutional foundations for the right to own firearms by US citizens developed simultaneously with the emergence of statehood: first in individual states, and then in the very union of these states formed into a single US government. The existing multi-layered legal framework for regulating the circulation of firearms has created a wide range of owners with a relatively simple system of access, which negatively affects the criminal environment, in which armed attacks with mass casualties are of high importance. Cases of armed attacks and other negative illegal acts to a certain extent influenced the processes of militarization of the police, the creation and strengthening of special operations units, the adoption by the police of various types of military equipment, weapons and special means. Detailed legal regulation of the use of lethal force by the police is developing belatedly. The 2014 adoption of the U.S. Customs and Border Protection Manual did not prompt other law enforcement agencies to adopt similar rules, indicating the fragmentation of U.S. law enforcement. The U.S. Customs and Border Protection Guidelines on the use of force is of particular scientific interest, and after its careful analysis, it is possible to introduce certain provisions into the legal regulation of the activities of the Russian police, especially the use of lethal force. The fundamental ideas of police activity developed in Russia can be recognized as certain guidelines for the development of the American police. The relatively small number of firearm owners in Russia and the high requirements for the circulation of firearms are a deterrent to the negative developments taking place in the United States.
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Kapusta, Nestor D., Elmar Etzersdorfer, Christoph Krall, and Gernot Sonneck. "Firearm legislation reform in the European Union: impact on firearm availability, firearm suicide and homicide rates in Austria." British Journal of Psychiatry 191, no. 3 (September 2007): 253–57. http://dx.doi.org/10.1192/bjp.bp.106.032862.
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BackgroundThe availability of firearms in homes and at aggregate levels is a risk factor for suicide and homicide. One method of reducing access to suicidal means is the restriction of firearm availability through more stringent legislation.AimsTo evaluate the impact of firearm legislation reform on firearm suicides and homicides as well as on the availability of firearms in Austria.MethodOfficial statistics on suicides, firearm homicides and firearm licences issued from 1985 to 2005 were examined. To assess the effect of the new firearm law, enacted in 1997, linear regression and Poisson regressions were performed using data from before and after the law reform.ResultsThe rate of firearm suicides among some age groups, percentage of firearm suicides, as well as the rate of firearm homicides and the rate of firearm licences, significantly decreased after a more stringent firearm law had been implemented.ConclusionsOur findings provide evidence that the introduction of restrictive firearm legislation effectively reduced the rates of firearm suicide and homicide. The decline in firearm-related deaths seems to have been mediated by the legal restriction of firearm availability. Restrictive firearm legislation should be an integral part of national suicide prevention programmes in countries with high firearm suicide rates.
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ADEKOLA Nurudeen Olanrewaju, ZAMANI Andrew, Shittu Hakeem Babatunde, CHONGS Wan Mantu, and ADAMA Ahmed Mohammed. "Influence of weak legislation and non-state armed actors on arms proliferation: Evidence from terrorism in Nigeria." World Journal of Advanced Research and Reviews 16, no. 1 (October 30, 2022): 613–21. http://dx.doi.org/10.30574/wjarr.2022.16.1.1059.
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With an aggressive illicit transnational trade along a vastly porous borderline in the North East region of Nigeria, a country not at war but highly militarized with overstretched security agencies, an outdated over six decades Firearms law and a vulnerable civilian populace seeking firearms in self-protection or otherwise; are all the tones needed for proliferations of small arms and Light weapons. It was against this background that this study leverages on State fragility theory to investigate the influence of weak legislation and prevalence of armed non state actors on arms proliferation and terrorism in Nigeria. The study engaged weak legislation and civilian acquisitions of arms to measure influence of proliferation of small arms and light weapon on terrorism in Nigeria. This study employs exploratory research design; by using content analysis of publicly available archive documents. The study relies solely on secondary data. The research is conducted by examining literature concerning arms proliferation and terrorism in Nigeria. The literature was obtained through searches in publicly available material. Literature from non-serial publications, official reports, and conferences has been included particularly if they have been cited by other references in connection with terrorism and arms proliferation. The study submitted that small and light weapons proliferations are extensively aggravated by weak legislation and the prevalence of armed non state actors in Nigeria. Based on these findings, the study concludes that government commitment to combat arms proliferation can only be taken serious when the existing 1959 firearms legislation is revamped and internationalized while it will take only good governance to stem the prevalence of armed non state actors. The study recommends that Federal and State Government should evolve a modern firearm law to give the outdated firearm legislation the needed bites. Lastly, the study recommends that the newly established National Centre for the Control of Small Arms and light Weapons should quickly evolve a database and tracking capability to ease the fight against arms proliferation
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Kursaev, Alexander V. "The facets of lawful and criminally punishable use of physical force, special means and firearms by police officers (based on the materials of judicial practice)." Current Issues of the State and Law, no. 3 (2022): 349–61. http://dx.doi.org/10.20310/2587-9340-2022-6-3-349-361.
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This study is devoted to the qualification of cases of the use of physical force, special means and firearms by police officers. The goal is to explore the facets of the lawful and criminally punishable use of physical force, special means and firearms by police officers (based on judicial practice). Tasks – to study the norms of legislation on the use of physical force, special means and firearms by police officers, to analyze typical qualification errors in assessing the actions of police officers. Attention is drawn to the fact that the assessment of the legitimacy of the actions of police officers is important not only for qualifying their actions, but also for the behavior of persons against whom these coercive measures were applied, regarding the presence in their actions of signs of a crime under Article 318 of the Criminal Code of the Russian Federation. It is concluded that such law enforcement errors lead to the fact that employees of the internal affairs bodies use firearms only in the most extreme cases, often only when there is an immediate threat to the life and health of the employees themselves. This situation is explained by the unwillingness of the policeman to be accused of illegal use of weapons. The relevance of the issue follows from the data of sociological surveys: it is emphasized that in the criminal law assessment of the use of physical force, special means and firearms by police officers, their compliance with the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police”. The problem of the practical application of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” and the Criminal Code of the Russian Federation is those cases where the provisions of the Federal Law of February 7, 2011 no. 3-FZ “On the Police” restrict the rights of police officers to use physical force, special means and firearms, while it is necessary and recognized as lawful based on the provisions of the Criminal Code of the Russian Federation.
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P. Paal, Boris. "Market Power in Data (Protection) Law." Global Privacy Law Review 2, Issue 1 (February 1, 2021): 8–15. http://dx.doi.org/10.54648/gplr2021002.
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The relationship between data protection law and antitrust law is – also and especially with regard to undertakings with a dominant position in the market of digital economy (i.e. big tech companies) – with good reason a highlighted subject of legislation and case law, legal practice and research activities. This article examines whether and to what extent the antitrust law-concept of market power may have effects in the fields of data protection law. The very elements of lawfulness laid down in Article 6 of the General Data Protection Regulation (GDPR), which are decisive for the lawful processing of personal data, are used as a reference for this purpose. Market Power, Antitrust Law, Dominant Position, Legitimate Interests, Consent, Data Portability, Voluntariness
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Alonso, Patricia Dominguez. "Incorporation Of Community Law To The Spanish Public Sector Procurement Law Of 2007." Review of Business Information Systems (RBIS) 15, no. 5 (September 28, 2011): 87–90. http://dx.doi.org/10.19030/rbis.v15i5.6023.
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The work carries out an analysis of the aims of the new Spanish law regarding Public Sector Contracts, which go beyond the necessary measures required in order to incorporate Directive 2004/18, as well as the major reforms introduced by the new legislation. The change of perspective which European Community law had imposed for many years in this sector and the modest introduction of electronic media, data processing and data transmission in recruitment procedures.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprsannals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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de Jong, A. J., B. van Loenen, and J. A. Zevenbergen. "GEOGRAPHIC DATA AS PERSONAL DATA IN FOUR EU MEMBER STATES." ISPRS Annals of Photogrammetry, Remote Sensing and Spatial Information Sciences III-2 (June 2, 2016): 151–57. http://dx.doi.org/10.5194/isprs-annals-iii-2-151-2016.
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The EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data aims at harmonising data protection legislation in the European Union. This should promote the free flow of products and services within the EU. This research found a wide variety of interpretations of the application of data protection legislation to geographic data. The variety was found among the different EU Member States, the different stakeholders and the different types of geographic data. In the Netherlands, the Data Protection Authority (DPA) states that panoramic images of streets are considered personal data. While Dutch case law judges that the data protection legislation does not apply if certain features are blurred and no link to an address is provided. The topographic datasets studied in the case studies do not contain personal data, according to the Dutch DPA, while the German DPA and the Belgian DPA judge that topographic maps of a large scale can contain personal data, and impose conditions on the processing of topographic maps. The UK DPA does consider this data outside of the scope of legal definition of personal data. The patchwork of differences in data protection legislation can be harmonised by using a traffic light model. This model focuses on the context in which the processing of the data takes place and has four categories of data: (1) sensitive personal data, (2) personal data, (3), data that can possibly lead to identification, and (4) non-personal data. For some geographic data, for example factual data that does not reveal sensitive information about a person, can be categorised in the third category giving room to opening up data under the INSPIRE Directive.
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James, Bradford, Bertha Ben Khallouq, and Hubert Swana. "Child access prevention legislative language and pediatric firearm injury rates." World Journal of Pediatric Surgery 4, no. 4 (September 2021): e000223. http://dx.doi.org/10.1136/wjps-2020-000223.
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BackgroudFirearm injuries are a significant public health problem facing young people in the USA. In 2015, a total of 16 878 people under 19 years old were injured or killed by firearms. To reduce firearm injuries, 29 states and Washington, DC have enacted child access prevention (CAP) legislation. CAP legislation is intended to reduce the likelihood of a minor obtaining a weapon and subsequent injury or death. This study evaluates the impact of CAP legislation based on language of the legislation, specifically it evaluates a relationship of the legal threshold of liability and the number of firearm injuries per capita of minors.MethodsData were collected from the Web-based Injury Statistics Query and Reporting System for patients less than 19 years of age who presented to emergency departments with firearm injuries in 2016. The Giffords Law Center classification was used to group states into three categories (strong/weak/no CAP) based on CAP language. Differences of firearm-related injury rates per capita were assessed.ResultsWhen controlling for population, states with CAP legislation had a 22% decrease in firearm injuries per capita compared with states without CAP legislation. States with ‘strong’ CAP legislation had a 41% decrease in firearm injuries per capita compared with states with ‘weak’ or no CAP legislation when controlling for population.ConclusionsStates with ‘strong’ CAP legislation had lower pediatric firearm injury rates per capita, but more complete data and further studies are needed to evaluate this relationship as well as other factors that may impact firearm injury rates.
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Guerra Chala, Bárbara, Cíntia Burille, and Lucas Moreschi Paulo. "The Protection of Consumer’s Personal Data and the Electronic Geodiscrimination Practice." Revista da Faculdade de Direito da Universidade Federal de Uberlândia 49, no. 1 (September 7, 2021): 709–31. http://dx.doi.org/10.14393/rfadir-v49n1a2021-62777.
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The purpose of this study is to analyse the General Data Protection Law for the Protection of Personal Data from the perspective of the protection of the consumer's personal data, with a view to ascertaining the main aspects of the legislation and verifying its impacts in relation to geopricing practices and geoblocking. To that effect, it begins by addressing the principles of the new legislation that inform the activity of processing personal data. Right after, the main axes of structuring the law are presented, focusing on aspects that concern the processing of consumer data. Finally, the practices of geodiscrimination will be examined, with the effect of assessing the legal treatment in relation to such techniques and how they may be affected after the entry into force of the General Data Protection Law. For that, the hypothetico-deductive methodology and the bibliographic research technique were adopted. Thus, it is observed that new data protection legislation added to the protection of consumers' rights in relation to the practices of geopricing and geoblocking, insofar as the standard was designed to prevent the disinformation of the personal data holder on the purpose of the treatment of your information and the illegitimate treatment of personal data, as well as covering the possibility of redressing the consumer who holds personal data if he experiences damage.
Dissertations / Theses on the topic "Firearms – Law and legislation – Data processing"
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Garcia, Natanya. "Anti-circumvention technology legislation in Canada : drafting a new law in the wake of the DMCA." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=19625.
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In becoming a signatory to the World Intellectual Property Organization (WIPO) Treaties, Canada has undertaken the obligation to provide protection against the circumvention of technological measures designed to protect copyright works. While on its face the obligation appears simple, in reality it brings about an intersection of policy, law and technology; a complex situation with far reaching repercussions. The U.S., a co-signatory to the WIPO Treaties, responded to this tension by enacting the Digital Milennium Copyright Act (DMCA), which heavily regulated circumvention technology and garnered wide-spread criticism. Critics labeled the law as unpredictable and overbroad legislation, which has chilled free speech, violated fair use, stifled research and study and encouraged monopolies by eliminating competition. Drawing largely on the U.S. experience, this thesis aims to suggest a possible route for Canada to take when fulfilling its own obligations under the WIPO. It will begin with a review of the relevant provisions of the Treaties to determine the extent of Canada's obligation. It will then examine Canada's proposal papers and the responses of its citizens to the questioned posed regarding future anti-circumvention legislation. It will also examine the DMCA in detail and attempt to distil its flaws. Finally, it will investigate the extent of the need for new anti-circumvention legislation in Canada by examining Canada's existing laws dealing with the protection of technology measures. Such process will provide evidence that Canada has, to a large extent, complied with its obligations under the WIPO while maintaining the delicate balance between the stakeholders of copyright law. Thus while new anti-circumvention legislation may still be in order, Canada has the latitude to craft a law that fully recognizes the rights of all stakeholders in the copyright equation and is consistent with its own copyright policies.
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Latter, Gareth Paul. "Copyright law in the digital environment: DRM systems, anti-circumvention, legislation and user rights." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1003196.
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This thesis deals with the way in which copyright law is changing in the digital environment and the mechanisms which are facilitating this change. It deals with these issues by analysing the mechanisms of this change, specifically Digital Rights Management (DRM)Systems and anti-circumvention legislation, and the impact which this change is having on the rights of copyright users. The purpose of copyright is to provide an incentive to authors to continue creating while simultaneously providing a public good in allowing the public to use those creations in certain ways. Copyright achieves this purpose by granting both the author and user certain rights. The author is given a limited monopoly over their work in exchange for allowing this work to enter the public sphere and ensuring that users of that work can utilise that work in certain limited ways. The success of copyright thus rests on maintaining the balance between the rights of these parties. The rise of digital technology has created a situation in which copyright content can be easily copied by any party with a Personal Computer and disseminated around the globe instantly via the Internet. In response to these dangers, copyright owners are making use of DRM systems to protect content. DRM systems include various measures of control within its scope. Theses systems allow for copyright owners to control both access and use of content by copyright users. DRM Systems are not foolproof measures of protection however. Technologically sophisticated users are able to circumvent these protection measures. Thus, in order to protect DRM Systems from circumvention, anti-circumvention legislation has been proposed through international treaties and adopted in many countries. The combined effect of these protection measures are open to abuse by copyright owners and serve to curtail the limited rights of copyright users. The end result of this is that the balance which copyright law was created to maintain is disrupted and copyright law no longer fulfils its purpose. This thesis undertakes an analysis of these issues with reference to how these issues affect copyright users in developing countries. This is done with particular reference to possible approaches to this issue in South Africa as South Africa is a signatory to these anti-circumvention treaties.
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Sirois, Andre. "Copyright Law Inadequacies in the Case of Digital Sampling: Adding Color to a Grey Area." Fogler Library, University of Maine, 2005. http://www.library.umaine.edu/theses/pdf/SiroisA2005.pdf.
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Cheng, Xiaofeng. "Analysis of States Gun Control Restrictions." Scholar Commons, 2002. http://purl.fcla.edu/fcla/etd/SFE0000037.
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Chan, Lai-sha, and 陳麗莎. "A study of the copyright protection in the digital environment in HongKong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hub.hku.hk/bib/B46779632.
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Kam, Ka Man. "Reproduction rights in digital environment and copyrights protection : legal issues and challenges." Thesis, University of Macau, 2011. http://umaclib3.umac.mo/record=b2580191.
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Funk, Antje Elisabeth Margarete. "Criminal liability of Internet providers in Germany and other jurisdictions." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/70134.
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Thesis (LLM)--Stellenbosch University, 2004ENGLISH ABSTRACT: This thesis deals with the criminal liability of Internet providers. The focus is on Germany, but the analysis is put in a wider, comparative context. This is done with reference to South Africa, as well as Europe and the American system. This thesis demonstrates and discusses the existing legal norms to regulate Internet provider liability for illegal content on the Internet and the international efforts to deal with this issue. In the introduction it is shown how the Internet has given rise to a new form of global communication and the accompanying legal problems. This is followed by an examination of the different functions Internet providers have. A survey of some of the important crimes affecting the Internet and also some Internet-specific offences put the more general issue of liability in a more specific context. Traditional and new forms of crimes are discussed. This section is followed by an analysis of Internet provider liability under German criminal law and Germany's Teleservices Act. From an international criminal law perspective some international instruments, like the Cybercrime Convention of the Council of Europe, is discussed. National legislation, especially in the context of the European Union, must always be put in the proper regional and international context. The thesis concludes with some thoughts on alternative, or perhaps complementary, methods to fight illegal and criminal conduct on the Internet. This is done not as a critique of the responses to Internet crime, but rather to strengthen the many hands trying to reduce Internet crime.
AFRIKAANSE OPSOMMING: Hierdie tesis handeloor die strafregtelike aanspreekliheid van Internet diensverskaffers. Die fokus val op Duitsland, maar die analise word ook geplaas in 'n wyer, vergelykende konteks. Dit word gedoen met verwysing na Suid-Afrika, sowel as Europa en die VSA. Die tesis demonstreer en bespreek die bestaande regsnorme wat Internet diensverskaffers reguleer met spesifieke verwysing na aanspreeklikheid vir onwettige inhoud op die Internet en internasionale pogings om hierdie probleem aan te spreek. Ter inleiding word daar aangetoon hoe die Internet aanleiding gee tot nuwe vorme van globale kommunikasie en die regsprobleme wat dit tot gevolg het. Dit word gevolg deur 'n ondersoek na die verskillende funksies van Internet verskaffers. 'n Ontleding en bespreking van Internet-spesifieke misdrywe plaas die meer algemene vraagstuk in 'n meer gefokusde konteks. Tradisionele en nuwe vorme van misdaad word bespreek. Hierdie afdeling word gevolg deur 'n ontleding van Internet diensverskaffer aanspreeklikheid ingevolge Duitse reg en die Duitse wetgewing op die terrein van telediens. Uit 'n internasionale strafreg oogpunt word sekere internasionale instrumente, soos die Cybercrime Convention van die Raad van Europa, bespreek. Nasionale wetgewing, veral in die konteks van die Europese Unie, word ook in die relevante regionale en internasionale konteks geplaas. Die tesis word afgesluit met sekere gedagtes oor alternatiewe, of moontlik komplimentêre, metodes in die stryd teen Internet-kriminaliteit. Dit moet nie gesien word as kritiek op die huidige stand van sake nie, maar eerder as 'n poging om die talle rolspelers in die stryd teen Internet misdaad se hande te sterk.
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Hargreaves, C. J. "Assessing the Reliability of Digital Evidence from Live Investigations Involving Encryption." Thesis, Department of Informatics and Sensors, 2009. http://hdl.handle.net/1826/4007.
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The traditional approach to a digital investigation when a computer system is
encountered in a running state is to remove the power, image the machine using a
write blocker and then analyse the acquired image. This has the advantage of
preserving the contents of the computer’s hard disk at that point in time. However, the
disadvantage of this approach is that the preservation of the disk is at the expense of
volatile data such as that stored in memory, which does not remain once the power is
disconnected. There are an increasing number of situations where this traditional
approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the
investigation; one of these situations is when the machine under investigation is using
encryption. If encrypted data is encountered on a live machine, a live investigation
can be performed to preserve this evidence in a form that can be later analysed.
However, there are a number of difficulties with using evidence obtained from live
investigations that may cause the reliability of such evidence to be questioned. This
research investigates whether digital evidence obtained from live investigations
involving encryption can be considered to be reliable. To determine this, a means of
assessing reliability is established, which involves evaluating digital evidence against
a set of criteria; evidence should be authentic, accurate and complete. This research
considers how traditional digital investigations satisfy these requirements and then
determines the extent to which evidence from live investigations involving encryption
can satisfy the same criteria. This research concludes that it is possible for live digital
evidence to be considered to be reliable, but that reliability of digital evidence
ultimately depends on the specific investigation and the importance of the decision
being made. However, the research provides structured criteria that allow the
reliability of digital evidence to be assessed, demonstrates the use of these criteria in
the context of live digital investigations involving encryption, and shows the extent to
which each can currently be met.
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Hodge, Dominic Shaughn. "The income tax consequences of the in-house development of software." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013550.
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The objective of this thesis was to explore the nature of expenditure incurred on the internal development of software and its treatment in terms of the accounting and taxation frameworks to which it is subject. In fulfilling the primary objective the thesis had a number of subsidiary considerations. These included, firstly, a brief analysis of the approach of the software industry in South Africa to the taxation treatment of this type of software. The second consideration was a discussion and analysis of the taxation framework which differentiates between capital and revenue and the extent to which the receipts produced by internally developed software may be informative of the nature of the expenditure. The third was an analysis of the deductibility of expenditure incurred in the production of software with the fourth analysing the tests employed in the determination of whether expenditure is capital or revenue in nature. The fifth objective was to briefly analyse the accounting standards which find application in the determination of whether or not the software created can be considered a capital asset. The final subsidiary objective of the thesis was an analysis of the taxation framework applicable to software in respect of research and development incentives, as well as the position in the United States of America. Throughout the thesis the most apparent commonality is that there exists a significant level of uncertainty as to the taxation treatment of software both in South Africa and in America. The research concludes by stating that such uncertainty is prejudicial to the interests of research and development in relation to software.
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Hargreaves, Christopher James. "Assessing the reliability of digital evidence from live investigations involving encryption." Thesis, Cranfield University, 2009. http://dspace.lib.cranfield.ac.uk/handle/1826/4007.
Full textAbstract:
The traditional approach to a digital investigation when a computer system is encountered in a running state is to remove the power, image the machine using a write blocker and then analyse the acquired image. This has the advantage of preserving the contents of the computer’s hard disk at that point in time. However, the disadvantage of this approach is that the preservation of the disk is at the expense of volatile data such as that stored in memory, which does not remain once the power is disconnected. There are an increasing number of situations where this traditional approach of ‘pulling the plug’ is not ideal since volatile data is relevant to the investigation; one of these situations is when the machine under investigation is using encryption. If encrypted data is encountered on a live machine, a live investigation can be performed to preserve this evidence in a form that can be later analysed. However, there are a number of difficulties with using evidence obtained from live investigations that may cause the reliability of such evidence to be questioned. This research investigates whether digital evidence obtained from live investigations involving encryption can be considered to be reliable. To determine this, a means of assessing reliability is established, which involves evaluating digital evidence against a set of criteria; evidence should be authentic, accurate and complete. This research considers how traditional digital investigations satisfy these requirements and then determines the extent to which evidence from live investigations involving encryption can satisfy the same criteria. This research concludes that it is possible for live digital evidence to be considered to be reliable, but that reliability of digital evidence ultimately depends on the specific investigation and the importance of the decision being made. However, the research provides structured criteria that allow the reliability of digital evidence to be assessed, demonstrates the use of these criteria in the context of live digital investigations involving encryption, and shows the extent to which each can currently be met.
Books on the topic "Firearms – Law and legislation – Data processing"
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United States. Congress. House. Committee on the Judiciary. Our Lady of Peace Act: Report (to accompany H.R. 4757) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2002.
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United States. Congress. House. Committee on the Judiciary. Our Lady of Peace Act: Report (to accompany H.R. 4757) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2002.
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Our Lady of Peace Act: Report (to accompany H.R. 4757) (including cost estimate of the Congressional Budget Office). [Washington, D.C: U.S. G.P.O., 2002.
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Antonio, Tarantino. Elementi di informatica giuridica: Con giurisprudenza e glossario. Milano: A. Giuffrè, 1998.
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Toh, See Kiat. Paperless international trade: Law of telematic data interchange. Singapore: Butterworths Asia, 1992.
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Toh, See Kiat. Paperless international trade: Law of telematic data interchange. Singapore: Butterworths Asia, 1992.
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American Bar Association. Section of Labor and Employment Law, ed. Workplace data: Law and litigation. Arlington, VA: Bloomberg BNA, 2013.
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Pingfan, Chen, ed. Yun ji suan fa lü wen ti yan jiu. Beijing: Fa lü chu ban she, 2011.
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1957-, Winn Jane K., ed. The law of electronic commerce. 3rd ed. New York: Aspen Law & Business, 1998.
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M, Baturin I͡U. Problemy kompʹi͡uternogo prava. Moskva: I͡Urid. lit-ra, 1991.
Find full textBook chapters on the topic "Firearms – Law and legislation – Data processing"
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Southerington, Tom. "Access to Biomedical Research Material and the Right to Data Protection in Finland." In GDPR and Biobanking, 243–56. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_13.
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AbstractThis chapter describes the Finnish regulatory landscape concerning primarily non-interventional biomedical research and in particular the rights of study subjects from the data protection point of view. The GDPR is just one of many pieces of legislation affecting the rights of individuals, and it allows for significant variation between the EU Member States. Finnish law relating to biomedical research has materially changed in recent years and some changes are still pending. Overall, the legislator has aimed at enhancing opportunities for responsible research and enabling research-related innovation ecosystems, but also implemented quite strict limitations for data processing in balance. It is yet too early to evaluate the effects of the legislatory changes. The chapter is therefore mainly descriptive.
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Lalova, Teodora, Anastassia Negrouk, Laurent Dollé, Sofie Bekaert, Annelies Debucquoy, Jean-Jacques Derèze, Peggy Valcke, Els J. Kindt, and Isabelle Huys. "An Overview of Belgian Legislation Applicable to Biobank Research and Its Interplay with Data Protection Rules." In GDPR and Biobanking, 187–213. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-49388-2_10.
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AbstractThis contribution aims to present in a clear and concise manner the intricate legal framework for biobank research in Belgium. In Part 1, we describe the Belgian biobank infrastructure, with a focus on the concept of biobank. In Part 2, we provide an overview of the applicable legal framework, namely the Act of 19 December 2008 on Human Body Material (HBM), and its amendments. Attention is given to an essential piece of self-regulation, namely the Compendium on biobanks issued by the Federal Agency on Medicine Products and Health (FAMPH). Furthermore, we delineate the interplay with relevant data protection rules. Part 3 is dedicated to the main research oversight bodies in the field of biobanking. In Part 4, we provides several examples of the ‘law in context’. In particular, we discuss issues pertaining to presumed consent, processing of personal data associated with HBM, and information provided to the donor of HBM. Finally, Part 5 and 6 addresses the impact of the EU General Data Protection Regulation (GDPR), suggests lines for further research, and outline the future possibilities for biobanking in Belgium.
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Lloyd, Ian J. "3. The scope of data protection." In Information Technology Law, 39–55. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198830559.003.0003.
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A number of concepts are critical to an understanding of the topic. Data protection legislation has historically applied where personal data concerning an identifiable individual is processed by a data controller using automated equipment. Developments in technology make it increasingly difficult to apply these concepts. Data that a decade ago would have been anonymous can now readily be linked to an individual. The emergence of cloud computing technology also creates legal complications in determining where processing takes place and which legal system will govern conduct. This chapter will focus on definitional issues in order to provide a basis for more detailed discussion of the application of data protection legislation in the following chapters.
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Samanta, Jo, and Ash Samanta. "4. Confidentiality and access to medical records." In Medical Law Concentrate, 59–76. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871354.003.0004.
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This chapter examines confidentiality as a fundamental aspect of doctor–patient relationships: its ethical basis and equitable, contractual, and tortious obligations. It then considers the law governing access to medical records and statute that necessitates fair and lawful processing of sensitive personal data and the EU General Data Protection Regulation aimed at harmonising data protection legislation. It discusses exceptions to the duty of confidentiality, including explicit and implied consent, prevention of harm to others, police investigation, public interests, and press freedom. The chapter considers confidentiality with respect to children; adults who lack capacity and deceased patients; remedies available for breach of confidence; access to electronic patient records; and issues raised by genetics-related information.
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Hallinan, Dara. "Introduction." In Protecting Genetic Privacy in Biobanking through Data Protection Law, 1–6. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192896476.003.0001.
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This introductory chapter provides an overview of the protection of genetic privacy in biobanking. The fact that genomic research relies on the processing of large quantities of individuals' genomic data has raised new questions as to which forms of privacy right are engaged by research, and as to which privacy rights holders are engaged by research: questions of genetic privacy. Ordinarily, one might look to the law to provide some clue, or image, as to which genetic privacy rights are worthy of protection and as to what an effective and proportionate approach to their protection should look like. In this regard, a brief look at the legal landscape relevant to biobanking in Europe reveals a great quantity of legislation apparently relevant for the protection of genetic privacy in biobanking. This book then takes an in-depth look at the function, problems, and opportunities presented by the General Data Protection Regulation (GDPR) as a framework for the protection of genetic privacy in biobanking in Europe.
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Canto Moniz, Graça. "Is There Anything Left of the Portuguese Law Implementing the GDPR?" In Personal Data Protection and Legal Developments in the European Union, 125–39. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-5225-9489-5.ch007.
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The entry into force of the General Data Protection Regulation (GDPR) was expected to cause difficulties to data controllers and data processors mostly due to the practical consequences of the accountability principle and the role of risk. However, in Portugal, there were supplementary problems triggered by two events: the long legislative process of the national law implementing the GDPR and the decision of the national supervisory authority to disapply nine provisions of it. In August 2019, the Portuguese Parliament adopted the law implementing the GDPR, Law 58/2019, and one month later, the Portuguese supervisory authority, Comissão Nacional de Proteção de Dados, decided that nine articles of the recently adopted national law were incompatible with European Union Law. This chapter aims to address this chain of events, to understand the reasoning behind the decision of the Portuguese authority, and to tackle its practical consequences to day-to-day data-processing activities of data controllers and data processors. Overall, it also aims to evaluate what is left of the national piece of legislation after this decision.
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Tsiftsoglou, Anna. "Surveillance in Public Spaces as a Means of Protecting Security." In Personal Data Privacy and Protection in a Surveillance Era, 93–102. IGI Global, 2011. http://dx.doi.org/10.4018/978-1-60960-083-9.ch006.
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The Greek Data Protection Authority (DPA) was asked in July 2009 to review a proposed legislation that was exempting personal data processing via camera installations in public spaces from the scope of the Greek Data Protection Law 2472/1997. Such an exemption was justified, among other reasons, for the protection of public safety and crime prevention. This paper examines the legitimacy of this security measure from two angles: European and Greek Law. Furthermore, our analysis focuses on questions of privacy, the concept of public safety and its application, as well as the DPA’s role in safeguarding citizens’ privacy even in city streets.
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Klamberg, Mark. "A Paradigm Shift in Swedish Electronic Surveillance Law." In Digital Democracy and the Impact of Technology on Governance and Politics, 175–201. IGI Global, 2013. http://dx.doi.org/10.4018/978-1-4666-3637-8.ch010.
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Electronic surveillance law is subject to a paradigm shift where traditional principles are reconsidered and the notion of privacy has to be reconstructed. This paradigm shift is the result of four major changes in our society with regard to: technology, perceptions of threats, interpretation of human rights and ownership over telecommunications. The above-mentioned changes have created a need to reform both the tools of electronic surveillance and domestic legislation. Surveillance that was previously kept secret with reference to National Security is now subject to public debate, including Communications Intelligence (COMINT), a sub-category of Signals Intelligence (SIGINT). This chapter covers systems of “mass surveillance,” such as data retention and COMINT, and whether these are consistent with the European Convention on Human Rights. The chapter comes to two conclusions in relation to COMINT. First, the perceived threats have changed, shifting the focus of COMINT from military threats towards non-state actors such as terrorists and criminal networks. Second, COMINT involves relatively narrow interception of the content of messages compared to its large-scale collection and storage of traffic data, which through further processing may reveal who is communicating with whom.
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Klamberg, Mark. "A Paradigm Shift in Swedish Electronic Surveillance Law." In Human Rights and Ethics, 2006–32. IGI Global, 2015. http://dx.doi.org/10.4018/978-1-4666-6433-3.ch111.
Full textAbstract:
Electronic surveillance law is subject to a paradigm shift where traditional principles are reconsidered and the notion of privacy has to be reconstructed. This paradigm shift is the result of four major changes in our society with regard to: technology, perceptions of threats, interpretation of human rights and ownership over telecommunications. The above-mentioned changes have created a need to reform both the tools of electronic surveillance and domestic legislation. Surveillance that was previously kept secret with reference to National Security is now subject to public debate, including Communications Intelligence (COMINT), a sub-category of Signals Intelligence (SIGINT). This chapter covers systems of “mass surveillance,” such as data retention and COMINT, and whether these are consistent with the European Convention on Human Rights. The chapter comes to two conclusions in relation to COMINT. First, the perceived threats have changed, shifting the focus of COMINT from military threats towards non-state actors such as terrorists and criminal networks. Second, COMINT involves relatively narrow interception of the content of messages compared to its large-scale collection and storage of traffic data, which through further processing may reveal who is communicating with whom.
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Anthopoulos, Haralambos. "The Electronic Surveillance of Public Assemblies." In Personal Data Privacy and Protection in a Surveillance Era, 59–68. IGI Global, 2011. http://dx.doi.org/10.4018/978-1-60960-083-9.ch004.
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The electronic surveillance of public assemblies has been an issue highly debated in the Greek public arena. The circumstances that brought this internationally contested topic in the public focus were the parliamentary introduction of Law 3625/2007 in Greece and the legislative enactment of an exemption from the data protection legislation for all police activities involving data processing during public assemblies. This paper will argue that the electronic surveillance of public assemblies affects both the privacy of political views (political privacy) and the activism (public anonymity) of a citizen. Along this line, the paper offers a combined analysis of the right to data protection [Art. 9A] and the right to free assembly [Art. 11] as acknowledged in the Greek Constitution (1975/86/01/08). As underlined, both rights constitute the basis for the protection of political privacy and public anonymity and preclude any legislatively posed limitations to their enjoyment. In the end, three key cases of the European Court of Human Rights shed light to the legitimacy of such a ‘panoptic’ surveillance of public assemblies.
Conference papers on the topic "Firearms – Law and legislation – Data processing"
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Khosrowjerdi, M., Kurt Hindle, and Jim M. Quill. "PC-Based Monitoring and Inspection of Trigger Pull System of Handguns." In ASME 1995 15th International Computers in Engineering Conference and the ASME 1995 9th Annual Engineering Database Symposium collocated with the ASME 1995 Design Engineering Technical Conferences. American Society of Mechanical Engineers, 1995. http://dx.doi.org/10.1115/cie1995-0775.
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Abstract In any handgun, the force of the trigger pull and the distance traveled by the hammer during the trigger pull, produce the energy required to ignite the primer on the cartridge. Reducing either of these characteristics can lead to insufficient firing pin energy, while increasing either of these can result in a punctured primer that will result in malfunctioning of the firearm. The reliability and dependability of a handgun are extremely important to a Law Enforcement Officer since his life may be on the line. To this end, the development of a computer driven device that is capable of measuring these characteristics is necessary for firearms manufacturers to control both the feel and lock work function of the firearm detection. Test results are archived for performing statistical process control and report preparation. A PC-based monitoring system for evaluating the performance characteristics of the trigger-pull of pistols has been designed and developed. This system uses an in-house developed load cell along with external clock pulses derived from a shaft encoder to collect approximately 27000 equally spaced load data points. The acquired data points which are 0.0002 inches apart are plotted for visual inspection and analyzed on real time to detect any possible fault associated with the trigger pull mechanism. Digital signal processing is extensively used for filtering, integration and triggerroughness. Visual Basic for Windows® Programming environment has been employed to create the user interface and perform data acquisition, servomotor control, Statistical Process Control, data base management and report preparation.
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Vang, Nar, and Hemanth Porumamilla. "Detection of Concealed Ferrous Objects in Vehicles Using Magnetometry-Based Technology." In ASME 2012 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/imece2012-87188.
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Acts of insurgency have become an ever increasing threat resulting in extensive measures being taken by the law enforcement authorities to mitigate their devastating effects on human life and infrastructure. This paper introduces a magnetometry based information, and signal processing methodology for detecting concealed ferrous objects in vehicle body panels. From extensive literature research [6–12], it was observed that while magnetic sensors have been used in a variety of related applications but have not been extensively applied to the on-road detection of firearms and explosives concealed in vehicles. This study utilized an extensive experimental protocol for preliminary concept validation. The main idea behind the approach was that almost all concealed weapons and explosives are made up of a considerable amount of ferrous material and hence produce a local distortion in the magnetic footprint of the Earth’s magnetic field which can then be identified by utilizing sensitive magnetic sensors. To detect concealed ferrous objects, magnetic signatures of a vehicle door panel were obtained and compared to a base magnetic signature of the same vehicle door panel (the magnetic field data of the same vehicle where no foreign ferrous objects were present), by using a scanning assembly with onboard magnetic and infrared sensors. To analyze the data, a top-down, goal-driven signal processing methodology was designed. To achieve the objective of accurately detecting concealed ferrous objects, simple measures such as magnetic field strength and its energy density were computed, and used in conjunction with more sophisticated statistical measures such as normalized cross-correlation and Mahalanobis distance. Although all these methodologies were able to detect a magnetic footprint anomaly in the presence of a concealed object, the Mahalanobis distance approach in particular provided the most conclusive results in all the cases considered.