Legal Threats Research Articles

Exiles, Not Enemies: Petrine Self-Determination in the Face of Empire

Exile was part of the juridical system of the late Republican and early Imperial Rome. 1 Pet 2.11 adopts the language of exile to identify its audience’s place within the world. Subsequent verses indicate a disparity between their own place and the world, or wider community, but fall short of rejecting wholesale the apparatus of the Roman state and its socio-political conventions. The apparent self-identification of the community as exiles is a potential claim for autonomy, self-determination, and high status. Claims for exile in the context of the Diaspora (1 Pet 1.1) might also embrace a claim to be considered Jewish, members of an ancient tradition protected by long precedent, and so protected from some legal threats.

Divide & Conquer: Critical Informatics Approaches to Disinformation

ABSTRACTIn this paper, we use a critical informatics approach to investigate institutional disinformation around 2022–23 labor organizing at three higher education institutions: Rutgers University, Temple University, and the University of California. Our contribution to the study of disinformation is the application of critical informatics perspectives that attend to structural power dynamics of disinformation within an institutional context. Understanding the political economic dynamics of disinformation and how these dynamics function can help more solidly contextualize and clarify how and why disinformation exists across different information systems, so that solutions to this social and institutional problem of disinformation can be more appropriately addressed and understood. The study describes disinformation tactics employed by institutional leaders during higher education labor organizing including: non‐performative commitments to “community”, legal threats, misleading victories, and elite capture.

A Multidisciplinary Threats to Emerging Cybersecurity, Legal and Ethical Threats Posed by Deepfake Technology

The creation of remarkably realistic but phony audio and video content through the use of deepfake technology raises a number of issues with cybersecurity, law and ethics. Deep fakes undermine the credibility of online information sources by posing risks including identity theft and the dissemination of false information. Legally speaking, the rise of deepfakes highlights regulatory inadequacies and enforcement concerns while posing difficult considerations about privacy rights and responsibility. Due to the potential for reputational injury and the perpetuation of negative stereotypes, deep fakes raise ethical questions about permission, privacy and harm to society. Deep fakes have become more common as a result of artificial intelligence's quick development which calls for preventative steps to counter new dangers. To effectively secure against misuse and maintain the integrity of digital material, this research paper proposes for a multidisciplinary strategy that takes legal, ethical and cybersecurity concerns into account

Держава і державність: сучасні геополітичні та міжнародно-правові загрози

Modern doctrinal approaches to the definition of the concepts of “state” and “statehood” are debatable and sometimes controversial, which necessitates their clarification in view of the existing global and local trends. It is suggested that “statehood” is broader than the concept of “state”. The former is associated with independence, state sovereignty, the existence of state and municipal authorities, a system of legal norms and their international recognition. The main characteristics of statehood include the national selfidentity of the population of the State, the embodiment of the interests of the national community in the State’s independence, recognition of such a State on the world stage and its participation in international relations. The author clarifies that the concept of “statehood” is not identical to “state”. It is determined that the geopolitical and international legal threats that have a direct impact on the sovereignty and independence of the State include: external and internal armed conflicts, uncontrolled migration, global extremism and terrorism; non-linear methods of warfare, creation of new “zones of tension”, energy revolution, growing social and economic inequality, civil conflicts, strengthening of the role of nation-states, cross-border conflicts, etc. It is noted that these factors also have an indirect impact on statehood through the “blurring” of the self-identity of the state’s population, questioning of its sovereignty, and as a result, the loss of legal personality on the world stage. The author emphasizes that the negative consequences of these influences on statehood may lead to the disappearance of the state itself in the historical perspective. That is why timely countermeasures should be taken to counter such geopolitical and international legal threats.

Assessing and Charting the Future Path : Addressing the Decline of Brain Tumor Specialists in Korea - Insights from the Korea Brain Tumor Society (KBTS) Future Strategy Committee of 2023.

Although Republic of Korea is an advanced country in medical technology with a successful treatment rate for serious diseases, such as cancer, and has improved technology for highly difficult surgery, many excellent medical doctors and physicians are struggling due to the recent unreasonable medical environment. Specialization in brain tumor surgery also faces challenges in Republic of Korea, including low financial incentives, legal threats, and limited career prospects. In response, the Korea Brain Tumor Society (KBTS) formed the Future Strategy Committee to assess these obstacles and propose solutions. A survey was conducted among the KBTS members to understand their perceptions and concerns across different career stages. The findings revealed a decline in interest among chief residents in brain tumor surgery, owing to limited job opportunities and income prospects. Neurosurgical fellows expressed neutral satisfaction but highlighted challenges, such as low patient numbers and income. Faculty members with varying levels of experience echoed similar concerns, emphasizing the need for improved financial incentives and job stability. Despite these challenges, the respondents expressed dedication to the field and suggested strategies for improvement. The KBTS outlines a vision that focuses on practical excellence, comprehensive research, professional education, responsibilities, and member satisfaction. Addressing these challenges requires collaborative efforts among healthcare institutions, professional societies, and policymakers to support brain tumor specialists and enhance patient care.

“The goal is to make you weaker”: Mental well-being and risks among European cross-border investigative journalists

The increased scale of cross-border journalistic investigations brings about severe challenges: online harassment, physical violence, legal threats, but also emotional challenges and mental stress that can lead to burnout. The latter has never been the focus of studies on cross-border investigative journalistic collaborations. This paper seeks to fill in this gap and contribute to the understanding of how the cross-border aspects of investigative journalists’ work shape their mental well-being. Based on eighteen semi-structured interviews conducted with investigative journalists across Europe in the first half of 2023, this study addresses the following research questions: What are the specific challenges, threats, and risks encountered by investigative journalists working on cross-border collaborations? How do these challenges and risks affect investigative journalists’ mental well-being? What coping mechanisms do investigative journalists employ? Our findings show that cross-border investigative journalists experience a systemic neglect of mental well-being in the profession. Moreover, journalists face country-specific challenges, stemming from varying legal constraints and disparities in institutional support and protection across countries. The lack of safety measures that protect journalists beyond physical safety, multitasking, and the lack of concern for cross-border investigative journalists’ mental well-being can prove particularly challenging for freelancers. At the same time, the cross-border collaborations are depicted as a source of mutual assistance, protection, and a sense of community among international journalists.

International property rights for Cannabis landraces and terroir products. The case of Moroccan Cannabis and hashish

BackgroundIn recent years, the cannabis industry has evolved from a world defined by the simplicity and ubiquity of illegality of recreational drug cannabis to a world marked by the legal and geographic complexity of ongoing depenalisation, decriminalisation, and legalisation processes. Within this landscape where drug Cannabis plants and their many derivatives see their legal status change, Cannabis cultigens and end products are increasingly likely to becoming subject to protection by intellectual property rights. This article delves into the implications of these changes for traditional Cannabis farmers, particularly in the Global South, as they face economic and legal threats amidst global legalisation efforts. It examines the potential role of appellations of origin in protecting local Cannabis cultigens and end products, focusing on Moroccan Cannabis and hashish as a case study. MethodsThe text resorts to the treaties and agreements regulating international property rights and plant variety protection, but also to the concepts of terroir and landrace and their definitions, in order to determine, by way of treaty interpretation and conceptual analysis, what type of legal and economic protections can apply to Cannabis landraces and terroir products. The analysis is also based on previous empirical research published by the author. ResultsThe text argues that appellations of origin are the best intellectual property protections possible for landraces and terroir products because what needs to be protected is not innovation and individual ownership, but tradition and collective ownership, and because appellations of origin are suitable collective intellectual property rights. It shows that appellations of origin are best suited to protect terroir products and landraces because their originality and distinctiveness are place-based originality and distinctiveness. ConclusionThe text concludes that appellations or origin offer the only existing intellectual property protection for preserving the distinctiveness of terroir cannabis products, and for landrace conservation. It acknowledges that neither appellations of origin nor existing plant variety protection laws can be legal forms of control of third parties’ uses of landraces but that appellations of origin can help protect terroir products and landraces by way of their associated agro-ecosystems.

Our hands are tied: abortion bans and hesitant medicine

Trained for decades to analyze risks, benefits, unique body compositions, and complex medical scenarios, healthcare providers are now faced with one of medicine's most trying obstacles: how to practice medicine when new abortion bans contradict best practice standards. Drawn from qualitative interviews with medical providers in Tennessee, USA conducted between October 2022 and December 2022, this study shows how medical providers often must make medical decisions based on legal risks as opposed to standards of care. This is particularly significant as malpractice insurance does not cover criminal charges. In states with abortion bans, often hastily implemented and subject to changes by lawmakers, medical providers are now practicing a new kind of defensive medicine in an effort to protect themselves from legal threats. We call this hesitant medicine, where providers often experience a tension between their own legal protection and the well-being of their patients, making them hesitant to provide necessary abortion care. This has serious, far-reaching consequences. We focus on three distinct arenas impacted by this new form of defensive medicine, specifically: providers' decision-making around patient care, impacts on patient relationships, and finally, what we call the ultimate defense, leaving states with abortion bans to move to states with fewer legal risks. We conclude with commentary on potential ways to reduce the negative impacts of these trends.

Ensuring National Security under Martial Law Conditions: Legal Regulation, Threats, Cooperation and Directions for Improvement

The purpose of the article is to reveal the legal regulation of ensuring national security in the conditions of martial law (threats, cooperation and directions for improvement). It has been established that ensuring national security of Ukraine includes a complex of national and international measures. It has been emphasized that financing is one of the important problems in the system of ensuring national security. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. The financial security of a state as a component of its national security is the basis of the economic development of the country, which ensures sovereignty and integrity of the country, as well as a decent standard of living of its citizens. Another problem of ensuring national security in wartime conditions consists in preventing and combating corruption. Corruption destroys development of the military-industrial complex, prevents introduction of innovative means of protection for military personnel, it disturbs development and testing of new weapons, new technologies, and hampers provision of military personnel with the necessary equipment, protection and weapons. It was concluded that only cooperation can solve the urgent strategic tasks of ensuring national security in difficult world conditions and new globalization challenges.

“SLAPPed” and censored? Legal threats and challenges to press freedom and investigative reporting

The issue of SLAPPs remains a largely understudied area in journalism studies. Limited academic work on the topic mainly focuses on its legal aspects and there is little empirical academic work engaging with the way SLAPPs are experienced by those who are personally involved. This study focuses on illuminating the impact of these vexatious and frivolous lawsuits on investigative journalism and press freedom, and recording whether journalists experience additional or different consequences from SLAPPs in comparison to other types of threats. Based on interviews with journalists who have experienced SLAPPs in recent years and documenting their personal experiences, the study sheds light on the hidden professional and personal costs of investigative reporting, attempts to assess this phenomenon in relation to its effects on journalism and journalists, and is one of the few to record and analyze journalists’ personal beliefs and experiences.

The role of a future lawyer in an Artificial intelligence environment

Around the world, companies, governments and universities are inventingArtificial Intelligence without thinking about its legal and regulatory threats. As its impactbecomes increasingly ubiquitous, opening a portal to new opportunities, efficiency andconnectivity for lawyers, judges and litigants Artificial Intelligence related data analyticshas also unleashed a labyrinth of growing concerns which affect the justice system and ruleof law. Therefore, this research Paper intends to examine potential of Artificial intelligencein enhancing access to justice and the difficulties associated with its implementation. Insuch a context the objective of this research is to analyze How can artificial intelligence beused to improve the access to justice based on the role of a future lawyer in an Artificialintelligence environment.

A grounded theory of the implementation of medical orders by clinical nurses

ObjectiveTo explore the process of implementing medical orders by clinical nurses, and identify specific areas of concern in the implementation process, and uncover strategies to address these concerns.BackgroundThe implementation of medical orders is a crucial responsibility for clinical nurses, as they bear legal accountability for the precise implementation of directives issued by medical practitioners. The accurate implementation of these orders not only shapes the quality and safety of healthcare services but also presents numerous challenges that demand careful consideration.MethodThis study employed a qualitative design using a grounded theory approach to construct a comprehensive theoretical framework grounded in the insights and experiences of nurses operating within the hospital settings of Iran. The study encompassed 20 participants, comprising 16 clinical nurses, two nurse managers, and two specialist doctors working in hospital settings. The selection process involved purposeful and theoretical sampling methods to ensure diverse perspectives. Data collection unfolded through in-depth, individual, semi-structured interviews, persisting until data saturation was achieved. The analytical framework proposed by Corbin and Strauss (2015) guided the process, leading to the development of a coherent theory encapsulating the essence of the study phenomenon.FindingsThe primary finding of the study underscores the significance of ‘legal threat and job prestige’ highlighting diverse repercussions in case of errors in the implementation of medical orders. At the core of the investigation, the central variable and the theory of the study was the ‘selective and tasteful implementation of orders to avoid legal and organizational accountability.’ This indicated a set of strategies employed by the nurses in the implementation of medical orders, encapsulated through three fundamental concepts: ‘accuracy in controlling medical orders,’ ‘untruth documentation,’ and ‘concealment of events. The formidable influence of legal threats and job prestige was further compounded by factors such as heavy workloads, the doctor’s non-compliance with legal instructions for giving verbal orders, the addition of orders by the doctor without informing nurses, and pressure by nursing managers to complete documentation. The resultant psychological distress experienced by nurses not only jeopardized patient safety but also underscored the intricate interplay between legal implications and professional standing within the healthcare framework.ConclusionAlleviating staff shortages, enhancing the professional rapport between doctors and nurses, offering legal support to nursing staff, implementing measures such as recording departmental phone conversations to deter the non-acceptance of verbal orders, fostering an organizational culture that embraces nurse fallibility and encourages improvement, and upgrading equipment can ameliorate nurses’ apprehensions and contribute to the safe implementation of medical orders.

Selecting Efficient and Reliable Preservation Strategies:

This article addresses the problem of formulating efficient and reliable operational preservation policies that ensure bit-level information integrity over long periods, and in the presence of a diverse range of real-world technical, legal, organizational, and economic threats. We develop a systematic, quantitative prediction framework that combines formal modelling, discrete-event-based simulation, hierarchical modelling, and then use empirically calibrated sensitivity analysis to identify effective strategies. Specifically, the framework formally defines an objective function for preservation that maps a set of preservation policies and a risk profile to a set of preservation costs, and an expected collection loss distribution. In this framework, a curator’s objective is to select optimal policies that minimize expected loss subject to budget constraints. To estimate preservation loss under different policy conditions optimal policies, we develop a statistical hierarchical risk model that includes four sources of risk: the storage hardware; the physical environment; the curating institution; and the global environment. We then employ a general discrete event-based simulation framework to evaluate the expected loss and the cost of employing varying preservation strategies under specific parameterization of risks. Source code is available at:https://github.com/MIT-Informatics/PreservationSimulation The framework offers flexibility for the modeling of a wide range of preservation policies and threats. Since this framework is open source and easily deployed in a cloud computing environment, it can be used to produce analysis based on independent estimates of scenario-specific costs, reliability, and risk. We present results summarizing hundreds of thousands of simulations using this framework. This exploratory analysis points to a number of robust and broadly applicable preservation strategies, provides novel insights into specific preservation tactics, and provides evidence that challenges received wisdom. An earlier version of this paper was published previously in IJDC 15(1) 2020

Legal Strategies for Protecting Journalists in Conflict Zones

The safety of journalists in conflict zones remains a critical concern, with myriad risks stemming from both physical and digital threats. This study aims to explore the legal strategies that can effectively protect journalists in these environments, focusing on understanding the existing legal frameworks, the challenges journalists face, and the protective strategies they employ. This qualitative study utilized semi-structured interviews with 25 journalists from diverse global regions to gather in-depth insights into the challenges and strategies related to their legal protection. Theoretical saturation was achieved, ensuring comprehensive coverage of the topic. Data was analyzed using NVivo software to facilitate thematic analysis, allowing for the systematic identification of themes and concepts within the data. Three main themes were identified: Legal Frameworks, Risks and Challenges, and Protective Strategies. Legal Frameworks revealed gaps in the enforcement of international and national laws. Risks and Challenges highlighted the physical, digital, legal, psychological, and informational threats journalists encounter. Protective Strategies emphasized the importance of safety training, legal safeguards, support networks, and advanced technology to mitigate risks. The study concludes that while various legal frameworks and protective measures exist, significant gaps in enforcement and practical application continue to leave journalists vulnerable in conflict zones. Enhanced legal provisions, combined with comprehensive safety training and technological support, are essential to ensure the safety and freedom of journalists reporting from high-risk areas.

Digital Technologies and their Impacts on Communication Systems in Sudanese Information Firms – Analytical descriptive study applied on Suna (Sudanese news agency) in the period from 2020-2021.

The digital technologies participated in activating the information operation in the information institutional diversity of communication content and multiplicity of its technologies supported by the computer potentials and its programs. The technologies have opportunities to achieve high quality, accuracy, and speed. The presence of legal threats and infrastructure requests to keep up with the continuous technology challenges and their impact on the management processes, in addition to the appearance of new types of communication that are consistent with the application of the new technologies used in different fields, mentioned previously. The study discussed the effect of variables on institutional communication and issues content and whether they are compatible digitally with different generations. These generations moved from traditional systems to modern global ones and inevitable convoying. The study is divided into three chapters: the first chapter is titled Methodical Introduction the second chapter is titled Digital Technologies and Communication Content, and the last chapter discusses the effect of technology communication systems. The study has various recommendations and results. Keywords: Digital Technology, Institutional Media, Technology

Cancellation of Article 55 of The Public Accountant Law by The Constitutional Court Decision

Disclosure of financial report findings from Public Accountants is the most important aspect of financial reports. Disclosure of findings can provide an easy understanding of report content for users to make informed decisions. The research conducted is normative legal research. The results of the study state that Public Accountants are in a subordinate and minor position due to the lack of protection for the exercise of their profession given the high legal threat. Even if it is true that the intent of the formulation of Article 55 letter a of the Public Accountants Law is to protect the public interest from the possibility of falsification or fraud perpetrated by an Accountant, the public's interests have been adequately protected by the provisions of the Criminal Code (delict of counterfeiting or fraud), so therefore the provisions of Article 55 letter a The aquo law is an exaggerated and even fantastic provision. Thus Article 55 letter a of the a quo law creates uncertainty in the law and contradicts the principle of lex certa which is the basic principle in criminal law of the inclusion of criminal sanctions as determined by Articles 55 and Article 56 of the a quo law in the perspective of humanistic criminal law is imprecise and irrational. Keywords: public accountant, cancellation, Constitutional Court's decision

Neuroethics, Neuroscience and Neurohacking: Legal Foundations of the Medical Experiment on <i>Terra Incognita</i>

The results of complex and interdisciplinary research conducted at the intersection of legal and medical sciences allow us to create new points of support for the development of innovative technologies. One of the controversial ways to treat neurological pathology is neurohacking. Experimental intervention in the human brain can not only be of a positive therapeutic nature, but also harm the triad of human—society—state security. The main purpose of the paper is to highlight the latest achievements of neuroscience, focusing on the insufficiency of legal regulation of medical experiment in the Russian Federation. Justification of the need for medical research on the higher nervous system is possible only after a thorough analysis of the clinical situation, taking measures to prevent harm to the health of a particular patient, eliminating the impact on an unspecified group of people, as well as motivating the exclusivity of the task, assessing all legal and biological risks. The paper presents the stages of the origin and development of neuroethics in the country, substantiates the close relationship of neuroscience with the bioethical component, proposes the author’s classification of neurohacking, identifies the legal threats of criminal influence on the human body, and provides an argument for the likelihood of using bioengineering technologies to create bioweapons. The conclusions drawn in the work can be further used in the process of formulating normative legal acts regulating the issues of biomedical experiment and the Provisions on the expert council on bio (neuro) ethics.

“They try to suppress us, but we should be louder”: a qualitative exploration of intimidation in tobacco control

BackgroundTobacco control advocates and researchers face powerful opponents who go to great lengths to protect their interests. While threats and attacks are documented in the grey literature, research into intimidation remains scarce. Building on previous exploratory research, this study seeks to offer in-depth insights into experiences of intimidation in the global tobacco control community.MethodsUsing qualitative description, we conducted a focus group and semi-structured interviews with tobacco control advocates and researchers to explore their experiences, including forms of, and responses to, intimidation, and ways forward. Data were analysed using qualitative content analysis.ResultsTwenty-nine individuals from across the globe participated in the study. They reported several forms of intimidation including attacks in the media; online harassment; legal threats; non-legal threats, including death threats; Freedom of Information requests; perceived or actual surveillance; as well as burglary and theft. Responses included non-action (i.e. ignoring attacks); withdrawal (i.e. abandoning a project, area or field); defensive adaptation, for example through self-censorship; and offensive measures, including exposing attacks or filing complaints. Responses were shaped by several factors, including type and level of support from within internal and external networks; as well as an individual’s mindset, skills and experiences; and state-civil society relations. Participants suggested several measures that could help address intimidation: 1) report and monitor intimidation; 2) (better) prepare individuals through awareness raising and training (e.g. IT security, legal); 3) support those in need through legal advice, a peer-support network and involvement in response; and 4) look beyond tobacco control to learn and build connections.ConclusionIntimidation is a significant challenge to tobacco control that needs urgent attention. This study suggests measures to address intimidation that require commitment from, and collaboration amongst, multiple actors including governments, international organisations, funders, researchers and civil society. Moreover, collective action beyond tobacco control is needed to not only manage but move beyond intimidation.

The Networked Trolling of Critical Journalists and News Organizations in Iraq

In this study, we have identified a Twitter network of bad actors mostly affiliated with Iraqi militias that are closely connected to the federal Iraqi government. Using disinformation and threats of legal action, these users often target journalists and news organizations that are critical of them. Three datasets were collected totaling about 16,000 tweets by using 6 Arabic hashtags. We found three major themes: public shaming and personal attacks; legal threats and misinformation accusations; and glorifying Shiite heroism and promoting conspiracies. These bad actors also created a coordinated attack against journalists, news organizations, and human rights activists and even the UN representative in Iraq, Jeanine Plasschaert, falsely accusing her of fabricating the 2021 federal election results.

Strategy for Implementing the Recommendations of the Republic of Indonesia Audit Board on Financial Reports of the Regional Government of South Buton Regency

South Buton Regency has great economic potential but faces various challenges in managing government finances. Local government financial reports are a very important tool in decision-making, monitoring, and accountability to the community. The purpose of this study is to identify strategic factors, which are strengths and weaknesses as well as opportunities and threats, and then formulate a priority strategy for implementing BPK RI recommendations in the financial reports of the regional government of South Buton Regency. Primary data is used through field observations and interviews, while secondary data is obtained from previous research, books, and related agencies. The results of the study indicate alternative strategies that can be considered, including increasing transparency and effective cooperation with BPK RI, competency development and openness to organizational changes, strong local government commitment in dealing with legal threats, and transparency as protection from reputation threats and changes in priorities in economic conditions uncertainty and overcoming resistance within local government.