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ردیف | عنوان | نوع |
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1 |
The price of expungements
قیمت تمدیدها-2020 Expungement mechanisms allow first-time offenders to seal their criminal record. Theory predicts that
the stigma of a criminal record can hinder the reintegration of criminals for whom legal activities are
less lucrative. In theory, expungements priced at the reservation level can facilitate the reintegration of
criminals without making first-time crime more attractive. This paper considers a behavioral perspective
and offers experimental evidence about the impact of expungements priced at different levels. To do this,
we set up a laboratory experiment where subjects repeatedly face opportunities to commit crime (take
money from another subject). In addition to stochastic formal sanctions – imposed by the experimenter
– we introduce endogenously determined social sanctions. In our main treatments of interest, subjects
who choose the wrongful action have the opportunity to expunge their record prior to the second stage,
thus avoiding social sanctions as long as they do not recidivate. Overall, our experiment shows that, from
a general deterrence perspective, it is better to implement expungements at very high prices. We offer
an explanation for this result based on the idea that the price of expungements may signal the moral
reprehensibility of the offense.
Keywords: Expungement | Specific deterrence | General deterrence | Recidivism | Social sanctions | Legal norms |
مقاله انگلیسی |
2 |
CLOUD act agreements from an EU perspective
CLOUD از منظر اتحادیه اروپا به توافق نامه ها عمل می کند-2020 For many years, transatlantic cooperation between the EU and the US in the area of personal
data exchange has been a subject of special interest on the part of lawmakers, courts –
including supranational ones – NGOs and the public. When implementing recent reform
of data protection law, the European Union decided to further strengthen guarantees of
the protection of privacy in cyberspace. At the same time, however, it faced the practical
problem of how to ensure compliance with these principles in relation to third countries.
The approach proposed in the GDPR, which is based on a newly-defined territorial scope of
application, clearly indicates an attempt to apply EU rules extraterritorially in relation to
data processors in third countries.
Irrespective of EU activity, the United States has also introduced its own regulations addressing
the same problem. An example is the federal law adopted in 2018, specifying how
to execute national court orders for the transfer of electronic data. The CLOUD Act was established
in response to legal doubts raised in the Microsoft v United States case regarding
the transfer of electronic data stored in the cloud by US obliged entities to law enforcement
authorities, as well as in cases where this data is physically located in another country and
its transfer could result in violating the legal norms of a foreign jurisdiction. The CLOUD
Act also facilitates bilateral international agreements that enable the cross-border transfer
of e-evidence for the purposes of ongoing criminal proceedings. Both the content of the new
regulations and the model proposed by the US legislature for future agreements concluded
on the basis of the CLOUD Act can be seen as an alternative to regulations arising from EU
law.
The purpose of this paper is to analyse the CLOUD Act and CLOUD Act Agreements from
the perspective of EU law and, in particular, attempt to answer the question as to whether
this new legal mechanism brings the EU and the USA closer to finding common ground with
regard to a coherent model of exchange and protection of personal data. Key words: Data protection | Cross-border data flow | CLOUD Act | GDPR | E-evidence |
مقاله انگلیسی |