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Prisoners of the International Community
by Denis AbelsLittle has been written about the legal position and conditions of detention of persons detained by international criminal tribunals, particularly as regards their internal legal position (their rights and duties inside the remand facility). The primary purpose of this book is to set out the law governing the detention of persons detained under the tribunals' jurisdiction. The book provides a detailed account of this area of international criminal law. It sets out the applicable law, including the law's underlying principles, and focuses on a number of specific procedural and substantive legal issues. As to procedural issues, it examines the available complaints and disciplinary procedures as well as procedures applicable to the designation of States for the enforcement of the tribunals' sentences. In respect of substantive law, it examines the detainees' right to contact with the outside world, including contact with their relatives, with their lawyers and with the media. The book will be an extremely useful guidance for practitioners in applying the law and principles of the tribunals' detention law, particularly because it is the first monograph written on the topic.
Prisoners' Vote: A Multidisciplinary and Comparative Perspective (ISSN)
by Martine Herzog-Evans and Jérôme ThomasThrough different legal and criminological angles and perspectives, this book addresses the controversial question of whether prisoners should have the right to vote, as well as the optimal modalities for such a vote.By adopting a comparative approach to explore the legal systems of very different jurisdictions, such as the former Eastern Bloc, England, Ireland, the USA and France, the book reveals a recent trend in opening up the right to vote. It also looks at the recommendations of international and European institutions which, while relatively cautious, nevertheless support such progress. Examining the issue from a criminological viewpoint, the book investigates the role that prisoners’ votes could play in the social integration of these individuals into the community through political inclusion as citizens. Offering legal, theoretical and empirical bases, it blends a variety of perspectives to help readers establish an understanding of how prisoners' voting could contribute to improving their attachment to society and its values.Concise and direct, Prisoners' Vote will be of great interest to upper-level students and scholars of law, criminology, sociology, criminal justice, and political science. It should also appeal to practitioners working in the criminal justice system and policy makers reflecting on whether and how, to open the right to vote to prisoners.
“Prisons Make Us Safer”: And 20 Other Myths about Mass Incarceration (Myths Made in America)
by Victoria LawAn accessible guide for activists, educators, and all who are interested in understanding how the prison system oppresses communities and harms individualsThe United States incarcerates more of its residents than any other nation. Though home to 5% of the global population, the United States has nearly 25% of the world's prisoners - a total of over 2 million people. This number continues to steadily rise - over the past 40 years, the number of people behind bars in the United States has increased by 500%.Journalist Victoria Law explains how racism was the catalyst for mass incarceration and has continued to be its driving force: from the post-Civil War laws that states passed to imprison former slaves, to the laws passed under the "War Against Drugs" campaign that disproportionately imprison Black people. She breaks down these complicated issues into four main parts:1. The rise and cause of mass incarceration2. Myths about prison3. Misconceptions about incarcerated people4. How to end mass incarceration Through carefully conducted research and interviews with incarcerated people, Law identifies the 21 key myths that propel and maintain mass incarceration, including: • The system is broken and we simply need some reforms to fix it • Incarceration is necessary to keep our society safe • Prison is an effective way to get people into drug treatment • Private prison corporations drive mass incarceration "Prisons Make Us Safer" is a necessary guide for all who are interested in learning about the cause and rise of mass incarceration and how we can dismantle it.
Prisons of Debt: The Afterlives of Incarcerated Fathers
by Prof. Lynne HaneyA profound portrait of the hidden injustices that trap fathers in a cycle of punishment and debt. In the first study of its kind, sociologist Lynne Haney travels into state institutions across the country to document the experiences of the millions of fathers cycling through the criminal justice and child support systems. Prisons of Debt shows how these systems work together to create complex entanglements—rather than "piling up" in men's lives, these entanglements form feedback loops of disadvantage. The prison–child support pipeline flows in both directions, deepening parents' debt and criminal justice involvement. Through moving accounts of men struggling to be fathers from behind prison walls and under the weight of support debt, Prisons of Debt exposes how the criminalization of child support undermines the most essential of familial relationships. Haney argues that these state systems can end up producing exactly the kind of parent they fear and loathe: bitter, unreliable, and cyclical fathers. Based on observations of 1,200 child support cases and interviews with 145 indebted fathers in New York, California, and Florida, Prisons of Debt reveals the actual practices of child support adjudication and enforcement alongside the lived realities of fathers trapped in those systems. The result is a rigorously documented analysis of how poor men are too often denied their rights of citizenship and of fatherhood.
Prisons, Punishment and the Pursuit of Security
by Deborah H. DrakeDrawing on research in men's long-term, maximum-security prisons, this book examines three interconnected problems: the tendency of the prison to obscure other social problems and conceal its own failings, the pursuit of greater levels of human security through repressive and violent means and the persistence of the belief in the problem of 'evil'.
Prisons, State and Violence
by Maria João Guia Sílvia GomesThis book provides a unique analysis of prisons and the violence at work inside them. It not only addresses aspects such as racial discrimination, especially in US prisons, but also gender differences, specific criminal groups operating within prisons, the reintegration processes and its failures. Combining works by various authors, it presents diverse perspectives on prison violence: in countries ranging from the USA to Australia, crossing European countries such as Portugal and Spain, among others, but also specific aspects such as prohibitions on phone calls, the economic crisis, and the current challenges of mass incarceration. As such, it offers a broad overview of several problems relevant to all scholars interested in deepening their understanding of violence in prisons.
Privacy (The International Library of Essays in Law and Legal Theory (Second Series))
by Eric BarendtPrivacy is a complex and controversial right. The essays in this book address fundamental issues about its value and how best it may be defined. Some of them examine its importance and scope in the context of the information society in which both government and business acquire ever more knowledge about the conduct and attitudes of individuals. Others address the use of privacy to protect the rights of women and to protect individuals against the media.
Privacy (Wiley Blackwell Readings in Philosophy)
by Steven M. Cahn Carissa VélizAn incisive compendium of philosophical literature on privacy, part of the acclaimed Wiley-Blackwell Readings in Philosophy series Companies collect and share much of your daily life, from your location and search history, to your likes, habits, and relationships. As more and more of our personal data is collected, analyzed, and distributed, we need to think carefully about what we might be losing when we give up our privacy. Privacy is a thought-provoking collection of philosophical essays on privacy, offering deep insights into the nature of privacy, its value, and the consequences of its loss. Bringing together both classic and contemporary work, this timely volume explores the theories, issues, debates, and applications of the philosophical study of privacy. The essays address concealment and exposure, the liberal value of privacy, privacy in social media, privacy rights and public information, privacy and the limits of law, and more. Highlights the work of emerging thinkers and leaders in the subject Presents work from philosophers such as Judith Jarvis Thomson, Ruth Gavison, Thomas Scanlon, W. A. Parent, and Thomas Nagel Explores privacy in contexts including governance, law, ethics, political philosophy, and public policy Discusses data collection, online tracking, digital surveillance, and other contemporary privacy issues Edited by award-winning privacy specialist Carissa Véliz and renowned philosopher and author Steven Cahn, Privacy is a must-read anthology for philosophers, psychologists, sociologists, and advanced undergraduate and graduate students taking courses on digital and applied ethics, philosophy, media studies, communications, computer science, engineering, and sociology.
Privacy and Criminal Justice
by Daniel Marshall Terry ThomasThis book offers a comparison of the differences between the 'public' and 'private' spheres, and questions the need for law enforcement to intrude upon both. Beginning with the origins of the concept of privacy, before addressing more current thinking, the authors examine the notion of privacy and policing, using both direct (e. g. 'stop and search' methods) and technological interventions (e. g. telephone interceptions and Automatic Number Plate Recognition cameras), privacy in the space of the court, looking at what restrictions are placed on press reporting, as well as considering whether the open court ensures fair trials. Particular forms of offending and privacy are also considered: anonymity for sexual offence defendants, for example, or weighing the terrorist's right to privacy against the safety and security of the general public. A timely discussion into the right to privacy in prison and during community sentences is also included, and Marshall and Thomas offer convin cing analysis on the importance of rehabilitation, giving consideration to police registers and the storage and maintenance of criminal records by the police and their possible future use. A diverse investigation into the many facets of privacy, this volume will hold broad appeal for scholars and students of terrorism, security, and human rights.
Privacy and Data Protection Issues of Biometric Applications
by Els J. KindtThis book discusses all critical privacy and data protection aspects of biometric systems from a legal perspective. It contains a systematic and complete analysis of the many issues raised by these systems based on examples worldwide and provides several recommendations for a transnational regulatory framework. An appropriate legal framework is in most countries not yet in place. Biometric systems use facial images, fingerprints, iris and/or voice in an automated way to identify or to verify (identity) claims of persons. The treatise which has an interdisciplinary approach starts with explaining the functioning of biometric systems in general terms for non-specialists. It continues with a description of the legal nature of biometric data and makes a comparison with DNA and biological material and the regulation thereof. After describing the risks, the work further reviews the opinions of data protection authorities in relation to biometric systems and current and future (EU) law. A detailed legal comparative analysis is made of the situation in Belgium, France and the Netherlands. The author concludes with an evaluation of the proportionality principle and the application of data protection law to biometric data processing operations, mainly in the private sector. Pleading for more safeguards in legislation, the author makes several suggestions for a regulatory framework aiming at reducing the risks of biometric systems. They include limitations to the collection and storage of biometric data as well as technical measures, which could influence the proportionality of the processing. The text is supported by several figures and tables providing a summary of particular points of the discussion. The book also uses the 2012 biometric vocabulary adopted by ISO and contains an extensive bibliography and literature sources.
Privacy and Data Protection Seals (Information Technology and Law Series #28)
by Rowena Rodrigues Vagelis PapakonstantinouThe book presents timely and needed contributions on privacy and data protection seals as seen from general, legal, policy, economic, technological, and societal perspectives. It covers data protection certification in the EU (i.e., the possibilities, actors and building blocks); the Schleswig-Holstein Data Protection Seal; the French Privacy Seal Scheme; privacy seals in the USA, Europe, Japan, Canada, India and Australia; controversies, challenges and lessons for privacy seals; the potential for privacy seals in emerging technologies; and an economic analysis. This book is particularly relevant in the EU context, given the General Data Protection Regulation (GDPR) impetus to data protection certification mechanisms and the dedication of specific provisions to certification. Its coverage of practices in jurisdictions outside the EU also makes it relevant globally. This book will appeal to European legislators and policy-makers, privacy and data protection practitioners, certification bodies, international organisations, and academics.Rowena Rodrigues is a Senior Research Analyst with Trilateral Research Ltd. in London and Vagelis Papakonstantinou is a Senior Researcher at the Vrije Universiteit Brussel in Brussels.
Privacy and Healthcare Data: 'Choice of Control' to 'Choice' and 'Control'
by Christina Munns Subhajit BasuIn order for the information society to realise its full potential, personal data has to be disclosed, used and often shared. This book explores the disclosure and sharing of data within the area of healthcare. Including an overview of how health information is currently managed, the authors argue that with changes in modern society, the idea of personal relationships with a local GP who solely holds and controls your health records is becoming rapidly outdated. The authors aim to encourage and empower patients to make informed choices about sharing their health data. They do this by developing a three-stage theoretical model for change to the roles of the NHS and the individual. The study generates debate to stimulate and inspire new models and policy, and to provoke new visions for the sharing of healthcare data. Such discussion is framed through an exploration of the changing concept of 'privacy' and 'patient control' in healthcare information management. The volume draws on best practices from Europe and the USA and combines these to form a suggested vision for the UK as an early adopter of change. The volume will be essential reading for academics in the field of privacy and data protection, as well as healthcare and informatics professionals across different jurisdictions.
Privacy and Identity in a Networked Society: Refining Privacy Impact Assessment (Routledge New Security Studies)
by Stefan StraußThis book offers an analysis of privacy impacts resulting from and reinforced by technology and discusses fundamental risks and challenges of protecting privacy in the digital age. Privacy is among the most endangered "species" in our networked society: personal information is processed for various purposes beyond our control. Ultimately, this affects the natural interplay between privacy, personal identity and identification. This book investigates that interplay from a systemic, socio-technical perspective by combining research from the social and computer sciences. It sheds light on the basic functions of privacy, their relation to identity, and how they alter with digital identification practices. The analysis reveals a general privacy control dilemma of (digital) identification shaped by several interrelated socio-political, economic and technical factors. Uncontrolled increases in the identification modalities inherent to digital technology reinforce this dilemma and benefit surveillance practices, thereby complicating the detection of privacy risks and the creation of appropriate safeguards. Easing this problem requires a novel approach to privacy impact assessment (PIA), and this book proposes an alternative PIA framework which, at its core, comprises a basic typology of (personally and technically) identifiable information. This approach contributes to the theoretical and practical understanding of privacy impacts and thus, to the development of more effective protection standards. This book will be of much interest to students and scholars of critical security studies, surveillance studies, computer and information science, science and technology studies, and politics.
Privacy and Power
by Miller Russell A.Edward Snowden's leaks exposed fundamental differences in the ways Americans and Europeans approach the issues of privacy and intelligence gathering. Featuring commentary from leading commentators, scholars and practitioners from both sides of the Atlantic, the book documents and explains these differences, summarized in these terms: Europeans should 'grow up' and Americans should 'obey the law'. The book starts with a collection of chapters acknowledging that Snowden's revelations require us to rethink prevailing theories concerning privacy and intelligence gathering, explaining the differences and uncertainty regarding those aspects. An impressive range of experts reflect on the law and policy of the NSA-Affair, documenting its fundamentally transnational dimension, which is the real location of the transatlantic dialogue on privacy and intelligence gathering. The conclusive chapters explain the dramatic transatlantic differences that emerged from the NSA-Affair with a collection of comparative cultural commentary.
Privacy and Security Issues in Big Data: An Analytical View on Business Intelligence (Services and Business Process Reengineering)
by Pradip Kumar Das Hrudaya Kumar Tripathy Shafiz Affendi Mohd YusofThis book focuses on privacy and security concerns in big data and differentiates between privacy and security and privacy requirements in big data. It focuses on the results obtained after applying a systematic mapping study and implementation of security in the big data for utilizing in business under the establishment of “Business Intelligence”. The chapters start with the definition of big data, discussions why security is used in business infrastructure and how the security can be improved. In this book, some of the data security and data protection techniques are focused and it presents the challenges and suggestions to meet the requirements of computing, communication and storage capabilities for data mining and analytics applications with large aggregate data in business.
Privacy and the American Constitution
by William C. HeffernanThis book explains a paradox in American constitutional law: how a right not discussed during the ratification debates at Philadelphia and not mentioned in the text has become a core component of modern freedom. Rather, privacy is a constitutional afterthought that has gained force through modern interpretations of an old text. Heffernan defends privacy rights against originalist objections to its inclusion in modern constitutional doctrine, analyzes the structure of privacy claims, and provides a blueprint for protecting privacy against government incursion. The book will appeal to a wide audience of students and researchers of criminal procedure, constitutional history, law-and-society, and sociology of law. Lawyers will find this book extremely valuable in addressing the statutory issues associated with modern privacy law. At last, a book about constitutional interpretation that speaks plain English and makes sense. It's the best work I know on the subject, yet that subject is not the one it's mostly about. The book mostly tells the story of the constitutional right to privacy and how it emerged from provisions that at the outset were not much about privacy at all. On that subject, the book is definitive. It's also fascinating, probing, engaging, insightful, and wonderfully presented. Privacy and the American Constitution is a stellar contribution to knowledge. Albert W. Alschuler, Julius Kreeger of Law and Criminology, Emeritus, University of Chicago A powerful and innovate contribution to constitutional law. Not only does Heffernan offer us a fascinating and persuasive account of how modern constitutional rights grew out of the personal space offered to us in an earlier era, he also explains why privacy rights deserve the newfound importance they have in our modern jurisprudence, based upon the same Madisonian approach to constitutional interpretation that justifies other central parts of modern constitutional law. Marc Jonathan Blitz, Alan Joseph Bennett Professor of Law, Oklahoma City University School of Law
Privacy and the Past: Research, Law, Archives, Ethics
by Susan C. LawrenceWhen the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges--even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work. Lawrence offers a wide-ranging and informative discussion of the many issues involved. She highlights the key points in research ethics that can affect historians, including their ethical obligations to their research subjects, both living and dead, and she reviews the range of federal laws that protect various kinds of information. The book discusses how the courts have dealt with privacy in contexts relevant to historians, including a case in which a historian was actually sued for a privacy violation. Lawrence also questions who gets to decide what is revealed and what is kept hidden in decades-old records, and she examines the privacy issues that archivists consider when acquiring records and allowing researchers to use them. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record, discussing decisions that historians have made to conceal identities that they believed needed to be protected. Finally, she encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead. Engagingly written and powerfully argued, Privacy and the Past is an important first step in preventing privacy regulations from affecting the historical record and the ways that historians write history.
Privacy as Trust: Information Privacy for an Information Age
by Ari Ezra WaldmanIt seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.
Privacy at Risk: The New Government Surveillance and the Fourth Amendment
by Christopher SloboginWithout our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.
Privacy at Risk: The New Government Surveillance and the Fourth Amendment
by Christopher SloboginWithout our consent and often without our knowledge, the government can constantly monitor many of our daily activities, using closed circuit TV, global positioning systems, and a wide array of other sophisticated technologies. With just a few keystrokes, records containing our financial information, phone and e-mail logs, and sometimes even our medical histories can be readily accessed by law enforcement officials. As Christopher Slobogin explains in Privacy at Risk, these intrusive acts of surveillance are subject to very little regulation. Applying the Fourth Amendment’s prohibition on unreasonable searches and seizures, Slobogin argues that courts should prod legislatures into enacting more meaningful protection against government overreaching. In setting forth a comprehensive framework meant to preserve rights guaranteed by the Constitution without compromising the government’s ability to investigate criminal acts, Slobogin offers a balanced regulatory regime that should intrigue everyone concerned about privacy rights in the digital age.
Privacy at the Margins
by Scott Skinner-ThompsonLimited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.
Privacy, Big Data, and the Public Good
by Julia Lane Victoria Stodden Stefan Bender Helen Nissenbaum Julia Lane Victoria Stodden Stefan BenderMassive amounts of data on human beings can now be analyzed. Pragmatic purposes abound, including selling goods and services, winning political campaigns, and identifying possible terrorists. Yet 'big data' can also be harnessed to serve the public good: scientists can use big data to do research that improves the lives of human beings, improves government services, and reduces taxpayer costs. In order to achieve this goal, researchers must have access to this data - raising important privacy questions. What are the ethical and legal requirements? What are the rules of engagement? What are the best ways to provide access while also protecting confidentiality? Are there reasonable mechanisms to compensate citizens for privacy loss? The goal of this book is to answer some of these questions. The book's authors paint an intellectual landscape that includes legal, economic, and statistical frameworks. The authors also identify new practical approaches that simultaneously maximize the utility of data access while minimizing information risk.
Privacy, Confidentiality, and Health Research
by William W. LowranceThe potential of the e-health revolution, increased data sharing, database linking, biobanks and new techniques such as geolocation and genomics to advance human health is immense. For the full potential to be realized, though, privacy and confidentiality will have to be dealt with carefully. Problematically, many conventional approaches to such pivotal matters as consent, identifiability, and safeguarding and security are inadequate. In many places, research is impeded by an overgrown thicket of laws, regulations, guidance and governance. The challenges are being heightened by the increasing use of biospecimens, and by the globalization of research in a world that has not globalized privacy protection. Drawing on examples from many developed countries and legal jurisdictions, the book critiques the issues, summarizes various ethics, policy, and legal positions (and revisions underway), describes innovative solutions, provides extensive references and suggests ways forward.
Privacy, Data Protection and Data-driven Technologies (Routledge Research in the Law of Emerging Technologies)
by Martin Ebers Karin SeinThis book brings together contributions from leading scholars in law and technology, analysing the privacy issues raised by new data-driven technologies.Highlighting the challenges that technology poses to existing European Union (EU) data protection laws, the book assesses whether current legal frameworks are fit for purpose, while maintaining a balance between supporting innovation and the protection of individual’s privacy. Data privacy issues range from targeted advertising and facial recognition, systems based on artificial intelligence (AI) and blockchain, and machine-to-machine (M2M) communication, to technologies that enable the detection of emotions and personal care robots.The book will be of interest to scholars, policymakers and practitioners working in the fields of law and technology, EU law and data protection.
Privacy, Due Process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology
by Mireille Hildebrandt Katja De VriesPrivacy, Due process and the Computational Turn: The Philosophy of Law Meets the Philosophy of Technology engages with the rapidly developing computational aspects of our world including data mining, behavioural advertising, iGovernment, profiling for intelligence, customer relationship management, smart search engines, personalized news feeds, and so on in order to consider their implications for the assumptions on which our legal framework has been built. The contributions to this volume focus on the issue of privacy, which is often equated with data privacy and data security, location privacy, anonymity, pseudonymity, unobservability, and unlinkability. Here, however, the extent to which predictive and other types of data analytics operate in ways that may or may not violate privacy is rigorously taken up, both technologically and legally, in order to open up new possibilities for considering, and contesting, how we are increasingly being correlated and categorizedin relationship with due process – the right to contest how the profiling systems are categorizing and deciding about us.