Archive

Archive for the ‘governance’ Category

Privacy and Civil Liberties Oversight Board Releases Recommendation Assessment Report

February 26, 2015 Comments off

Privacy and Civil Liberties Oversight Board Releases Recommendation Assessment Report
Source: Privacy and Civil Liberties Oversight Board

To mark the one-year anniversary of its report on the Section 215 telephone records program and the six-month anniversary of its report on the Section 702 surveillance program, the Privacy and Civil Liberties Oversight Board has released an assessment of the implementation of its recommendations. In its two reports, the Board made a total of 22 recommendations directed at the Executive Branch, Congress, and the Foreign Intelligence Surveillance Court. In its assessment, the Board discusses the status of each recommendation’s implementation.

Key findings include:

  • Overall, the Administration has accepted virtually all recommendations in the Board’s Section 702 report and has made substantial progress toward implementing many of them, while also accepting most of the recommendations in the Board’s Section 215 report.
  • The Administration has not implemented the Board’s recommendation to halt the NSA’s telephone records program, which it could do at any time without congressional involvement. Instead, the Administration has continued the program, with modifications, while seeking legislation to create a new system for government access to telephone records under Section 215.
  • The Administration has made substantial progress in implementing some of the Board’s recommendations regarding transparency.
  • The Administration has not yet developed, as the Board recommended, a methodology for gauging the value of its counterterrorism programs.

Implementation of the European Citizens’ Initiative: The experience of the first three years

February 26, 2015 Comments off

Implementation of the European Citizens’ Initiative: The experience of the first three years
Source: European Parliament Think Tank

The European Citizens’ Initiative (ECI) has been in operation for three years now. It was introduced by the Lisbon Treaty as an innovative instrument for transnational participatory democracy. It aims to involve citizens in political agenda-setting at EU level, by providing them with an indirect form of the right of legislative initiative. By 1 April 2015, the Commission is required to issue its first report on the application of the ECI Regulation. It is widely expected that this review will prompt a revision of that regulation. Observers have identified a number of shortcomings in its implementation, which impact negatively on the effectiveness and acceptance of this relatively new instrument of transnational participatory democracy.Against this background, stakeholders are calling for simplification and a substantial revision of the current ECI framework and its application, including its implementation in the EU Member States. This paper seeks to provide a systematic overview of the current weaknesses in the ECI process and summarises concrete recommendations actors have put forward for a better functioning ECI.

The Impact of the Dark Web on Internet Governance and Cyber Security

February 19, 2015 Comments off

The Impact of the Dark Web on Internet Governance and Cyber Security (PDF)
Source: Global Commission on Internet Governance

With the Internet Corporation for Assigned Names and Numbers’ contract with the United States Department of Commerce due to expire in 2015, the international debate on Internet governance has been re-ignited. However, much of the debate has been over aspects of privacy and security on the visible Web and there has not been much consideration of the governance of the “deep Web” and the “dark Web.” The term deep Web is used to denote a class of content on the Internet that, for various technical reasons, is not indexed by search engines. The dark Web is a part of the deep Web that has been intentionally hidden and is inaccessible through standard Web browsers. The deep Web has the potential to host an increasingly high number of malicious services and activities. In order to formulate comprehensive strategies and policies for governing the Internet, it is important to consider insights on its farthest reaches — the deep Web and, more importantly, the dark Web. This paper endeavours to provide a broader understanding of the dark Web and its impact on our lives.

The Changing Role of Criminal Law in Controlling Corporate Behavior

February 12, 2015 Comments off

The Changing Role of Criminal Law in Controlling Corporate Behavior
Source: RAND Corporation

What should be the role of the criminal law in controlling corporate behavior, and how can the execution of that role be improved? On the one hand, corporations have enormous power, and, when a corporation causes harm, there is a natural instinct to apply criminal sanctions, society’s most serious expression of moral disapproval. In the wake of a harm in which a corporation had a prominent role, there are often calls for an increased use of the criminal law to tame corporate excesses. On the other hand, criminal liability has historically usually required criminal intent, a concept that applies oddly to a legal construction, such as a corporation. And more recently, critics have decried what they have termed the overcriminalization of corporate behavior, suggesting that there has been an overreliance on the use of criminal law in this context.

To provide guidance to policymakers on the proper role of criminal sanctions in this context, RAND Corporation researchers (1) measure the current use of criminal sanctions in controlling corporate behavior, (2) describe how the current regime developed, and (3) offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.

NGA And NCSL Release Recommendations For ESEA Reauthorization

February 11, 2015 Comments off

NGA And NCSL Release Recommendations For ESEA Reauthorization
Source: National Governors Association and National Conference of State Legislatures

The National Governors Association (NGA), along with the National Conference of State Legislatures, today released Governors’ and State Legislators’ Plan to Reauthorize the Elementary and Secondary Education Act, a bipartisan path for the reauthorization of the Elementary and Secondary Education Act (ESEA).

Governors and state legislators say the new act should improve the law’s governance structure to provide states greater authority to align and leverage their early education, K-12 and postsecondary policies to increase educational effectiveness. The law should reinforce the principle that accountability and responsibility for K-12 education rests with the states. It also should support state-led strategies to improve low-performing schools and include the ability to empower teachers and school leaders to prepare all students for success.

Concealing Campus Sexual Assault: An Empirical Examination

February 6, 2015 Comments off

Concealing Campus Sexual Assault: An Empirical Examination (PDF)
Source: Psychology, Public Policy and Law

This study tests whether there is substantial undercounting of sexual assault by universities. It compares the sexual assault data submitted by universities while being audited for Clery Act violations with the data from years before and after such audits. If schools report higher rates of sexual assault during times of higher regulatory scrutiny (audits), then that result would support the conclusion that universities are failing to accurately tally incidents of sexual assault during other time periods. The study finds that university reports of sexual assault increase by approximately 44% during the audit period. After the audit is completed, the reported sexual assault rates drop to levels statistically indistinguishable from the preaudit time frame. The results are consistent with the hypothesis that the ordinary practice of universities is to undercount incidents of sexual assault. Only during periods in which schools are audited do they appear to offer a more complete picture of sexual assault levels on campus. Further, the data indicate that the audits have no long-term effect on the reported levels of sexual assault, as those crime rates return to previous levels after the audit is completed. This last finding is supported even in instances when fines are issued for noncompliance. The study tests for a similar result with the tracked crimes of aggravated assault, robbery, and burglary, but reported crimes show no statistically significant differences before, during, or after audits. The results of the study point toward 2 broader conclusions directly relevant to policymaking in this area. First, greater financial and personnel resources should be allocated commensurate with the severity of the problem and not based solely on university reports of sexual assault levels. Second, the frequency of auditing should be increased, and statutorily capped fines should be raised to deter transgressors from continuing to undercount sexual violence. The Campus Accountability and Safety Act, presently before Congress, provides an important step in that direction.

TIGTA – Additional Consideration of Prior Conduct and Performance Issues Is Needed When Hiring Former Employees

February 6, 2015 Comments off

Additional Consideration of Prior Conduct and Performance Issues Is Needed When Hiring Former Employees (PDF)
Source: Treasury Inspector General for Tax Administration
From press release:

The Internal Revenue Service (IRS) rehired hundreds of former employees with prior substantiated conduct or performance issues, according to a new report publicly released today by the Treasury Inspector General for Tax Administration (TIGTA).

Most rehired employees do not have performance or conduct issues associated with prior IRS employment. However, TIGTA identified hundreds of former employees with prior substantiated conduct or performance issues ranging from tax issues, unauthorized access to taxpayer information, leave abuse, falsification of official forms, unacceptable performance, misuse of IRS property, and off-duty misconduct.

Follow

Get every new post delivered to your Inbox.

Join 1,014 other followers