The Australian Law Reform Commission Report on the Family Law System: Implications for Domestic Violence

The Australian Law Reform Commission Report on the Family Law System: Implications for Domestic Violence

The Australian Law Reform Commission (ALRC) Review of the Family Law System is the first comprehensive review of Australia’s family law system since its commencement more than 40 years ago.The ALRC Report on the Review of the Family Law System findings and recommendations have serious implications for domestic violence, and women and children will be deeply affected by how they are implemented. Please join us for an interactive discussion and networking luncheon to consider the report and recommendations for domestic violence cases as part of Domestic Violence Awareness Month.

This is a partnership event between Brisbane Domestic Violence Service and QUT Law. Read more

Report of Parliamentary Joint Committee on Law Enforcement (PJCLE) Inquiry into the Impact of New and Emerging Information and Communication Technology

Dr Monique Mann

Crime Justice and Social Democracy Research Centre member Dr Monique Mann, along with colleagues from Deakin University (Dr Ian Warren and Dr Adam Molnar) and the Chinese University of Hong Kong (Dr Angela Daly) have been extensively cited in the final report of the Commonwealth Parliamentary Joint Committee on Law Enforcement (PJCLE) Inquiry into the Impact of New and Emerging Information and Communication Technology.

Their joint programme of research in surveillance and cybercrime (including transnational online policing, darkweb policing, Mutual Legal Assistance Treaties, big data policing, encryption policy, biometrics, and 3D printed firearms) was cited twenty-nine times in the report.

Their research is highly critical of the human rights implications of new technologies in policing, and it clearly shaped the report, directly influencing the recommendations handed down by the PCJLE, which can be found here: https://parlinfo.aph.gov.au/parlInfo/download/publications/tabledpapers/02593c55-f6db-4432-85c7-e0ba89b0e21b/upload_pdf/PJCLE_Impact%20of%20emerging%20info%20and%20comms%20tech_April%202019.pdf;fileType=application%2Fpdf#search=%22publications/tabledpapers

Drs Mann and Molnar appeared before the committee to give oral evidence in March 2018, and their opening statement to the Parliamentary Joint Committee can be found here: https://privacy.org.au/2018/03/30/statement-to-the-parliamentary-joint-committee-on-law-enforcement/

Their original full submission provided to the Inquiry, representing all digital rights civil society organisations in Australia, can be found here: https://eprints.qut.edu.au/116090/

Reflections on Women, Men, Sexual Violence, and #MeToo

Qld Police Commissioner Ian Stewart, Centre Director Prof. Melissa Bull, Prof. James Messerschmidt, Belinda Cox, Assoc. Prof. Michael Flood

The #MeToo movement has drawn national and global attention to the problems of sexual harassment and abuse. A recent, popular public event at the Queensland University of Technology explored the #MeToo campaign, how women and men have responded to it, and the roles that men can play in building a community free of sexual violence and abuse.

The public event, titled “Reflections on Women, Men, Sexual Violence, and #MeToo”, examined the promise and pitfalls of current efforts to end sexual violence, and the role of men in sexual violence prevention. The buzz of conversation during and after the event was a clear sign that it had prompted thought and reflection.

Two leading international experts presented to the 90 or so researchers, professionals, and community members in attendance. James W. Messerschmidt is a Distinguished University Professor of Sociology at the University of Southern Maine, USA, author of the recent book Hegemonic Masculinity, and an Adjunct Professor at QUT’s School of Justice, and the event was timed to take advantage of his visit to QUT. Dr Michael Flood is an Associate Professor at QUT and author of Engaging Men and Boys in Violence Prevention. The event was chaired by Belinda Cox, a longstanding domestic violence advocate.

Attendees at the event included Police Commissioner Ian Stewart, Deputy Commissioner Michael Wassing of the Queensland Fire and Emergency Services, Professor Belinda Carpenter, Assistance Dean (Research) in the QUT Faculty of Law, and a host of others.

There was lively discussion after Messerschmidt’s and Flood’s presentations. Some participants took up Messerschmidt’s assessment of the strengths and weaknesses of the #MeToo campaign. They asked: does #MeToo include the experiences of women beyond the white, wealthy Hollywood celebrities on whom the media has focused? Will the campaign lead to real social change? Other participants asked about the challenges of engaging men in positive change. What role can fathers play in encouraging non-violent futures for their sons and daughters? How do we make sure that women’s voices continue to be heard? And, above all, how can we encourage well-meaning men to take part in working for change?

Book Launch: Challenging the Human Trafficking Narrative: Victims, Villians and Heroes

Challenging the Human Trafficking Narrative : Victims, Villains and Heroes by CJSDRC member, Dr Erin O’Brien was launched last night at Avid Bookstore West End, by Professor Kerry Carrington. It was a full house attended by a large audience.

The book is published in a Routledge book series Victims, Culture and Society co-edited by her and Professor Sandra Walklate, from University of Liverpool

Concerns about victimisation, as well as the politics of victimisation, have multiplied over the last 50 years. The book series Victims, Culture and Society explores the major concepts, debates and controversies that this concern has generated. As the impact of globalisation, the movement of peoples, the divergences between the global north and the global south have become ever more apparent, this series provides an authoritative space for original contributions in making sense of these far reaching social, political and cultural changes. These issues by their very nature demand an interdisciplinary approach outside conventional conceptual boundaries. Victims, Culture and Society offers the space for that voice. Erin’s book – which draws upon a range of interdisciplinary insights, from political theory, feminism, criminology and sociology, is therefore an ideal fit for the series. In it Erin deconstructs the familiar story of an Ideal victim of human trafficking, A foreign villain and a Western Hero, and interrogates the discourses and assumptions embedded in this over-simplified and caricatured narrative by turning it on its head. Why do dominant victim narratives construct a hierarchy between ideal and undeserving victims? Why do these narratives construct victims as hapless with no agency? Why are some victims narratives more prominent than others?
Why are the villains always foreign, ’undesirable others’ Johns, or pimps from gangs or organised crime?
What’s the role of the consumers in the sex industry? Are they villains or heros?
And why are the heros in dominant narratives about human trafficking nearly always white anti-trafficking activists and govts from the global north?

Erin’s book provides a beautifully crafted and engaging response to these questions.

Further information about the book can be found here:

https://www.routledge.com/Challenging-the-Human-Trafficking-Narrative-Victims-Villains-and-Heroes/OBrien/p/book/9781138858978

 

 

 

Webinar: Using App-Based and Sensing Methods for Social Science Research

Last week, CJSDRC researcher Dr Michael Chataway, and Dr Reka Solymosi from the University of Manchester presented a webinar on app based and sensing methods for social science research.

The webinar, co-hosted by the UK Data Service and Methods@Manchester was designed to discuss the use of mobile apps and sensing technologies in the social sciences, with a particular focus on measuring context-dependent fear of crime. The webinar was attended by over 70 individuals from academic, private, and public sectors.

The webinar and PowerPoint slides can be accessed here: https://www.ukdataservice.ac.uk/news-and-events/eventsitem/?id=5461

Researcher Bio’s:

Reka Solymosi is a lecturer in quantitative methods focused on making use of new forms of data to gain insight into people’s behaviour and subjective experiences, particularly focusing on crime, transport, and spatial research. She is also interested in promoting data literacy.

Michael Chataway is a lecturer at the School of Justice, Queensland University of Technology. His research focuses on measuring and responding to fear of crime using mobile technologies. Michael’s other research interests include social geography, environmental psychology, and digital methods.

Presentation: Reflections on women, men, sexual violence and #MeToo

(L-R) Police Commissioner Ian Stewart; Director, CJSDRC Professor Melissa Bull; Professor James W. Messerschmidt; Belinda Cox and Associate Professor Michael Flood

Last night QUT’s CJSDRC hosted two leading international scholars who reflected on the #MeToo movement and the promise and pitfalls of current efforts to end sexual violence, and the role of men in sexual violence prevention.

Distinguished University Professor of Sociology and Chair of the Criminology Department at the University of Southern Maine, USA, James W. Messerschmidt and our own Associate Professor Michael Flood drew on their experiences as scholars and activists in the gender violence field to lead a provocative workshop that asked,  What does #MeToo mean for men and women? How should men and women respond? What roles in particular can men play in building a community free of sexual violence and abuse? What does the research tell us is effective in engaging men in this work? More widely, what are the strengths and limitations of #MeToo as a way of organising against sexual violence?

Unsurprisingly this stimulated animated discussion between the presenters and the nearly 100 workshop participants who included practitioners who work with offenders and victims, legal advocates, police, academics, community members and white ribbon ambassadors. The workshop demonstrated that while #MeToo might not be the answer, it has simulated new and important conversations that could contribute to the prevention of a disturbingly prevalent and serious social problem.

CFP: Special Issue of Internet Policy Review on Power, Jurisdiction and Surveillance

Topic and relevance

The rise of digital technology has major implications for how states and corporations wield coercive regulatory power through the transnational administration of justice. Increases in data transmitted and stored by public and private actors across jurisdictions raise crucial questions about how individual rights and freedoms can be protected in an era of seemingly ubiquitous transnational surveillance. The expanded development and application of domestic and international law to address behaviour in digital spaces, includes existing law applied to online activities, and new law to cover a growing range of internet-specific conduct. A pertinent site of state and corporate power in the digital realm involves attempts to develop and enforce domestic laws, especially criminal laws, transnationally. These processes generally occur outside existing domestic legislative frameworks, and raises questions about how national sovereignty, extraterritoriality and state and corporate interests are expanding at the expense of individual rights and freedoms in digital societies.

Scope of the special issue
This special issue considers how the intersections between power, justice and space challenge existing conceptual and theoretical categories of contemporary law, that span the fields of criminology, international relations, digital media and other related disciplines (see e.g. Johnson & Post, 1996; Goldsmith & Wu, 2006; Brenner, 2009; Hilderbrandt, 2013; DeNardis, 2014). The legal geographies of the contemporary digital world require rethinking in light of calls for a more sophisticated and nuanced approach to understanding sovereignty, jurisdiction and the power to exercise control, yet still protect individual rights through law in the electronic age (Svantesson, 2013). These issues raise a host of additional contemporary and historical questions about the authority exerted by the US over extraterritorial conduct in various fields including laws relating to crime, intellectual property, surveillance and national security (see e.g. Schiller, 2011; Bauman et al., 2014; Boister, 2015).

Legal geography is an emerging multidisciplinary area of inquiry, concerned with interrogating how law is connected to, and interacts with, the social and physical worlds (Braverman et al., 2014). By emphasising how the legitimate exercise of power occurs in and through space, legal geography is of significant relevance to online environments. Initial arguments about regulating the transnational nature of the internet describe the notion of sovereignty becoming ‘softened’ (Culnan & Trinkunas, 2010), while emphasising the need to move beyond outmoded binary notions of extraterritoriality (Svantesson, 2013; 2014; 2017).

The nation-state can assert jurisdictional reach through the extraterritorial exercise of power. This is more likely to involve powerful geopolitical actors such as the United States, which has recently enacted the Clarifying Lawful Overseas Use of Data (CLOUD) Act, and the European Union, via its General Data Protection Regulation (GDPR). The emergence of large transnational corporations providing critical virtual and physical infrastructure adds private governance to this equation, which offers further new dimensions to the rule of law and also self- or co-regulation (see for e.g. Goldsmith & Wu, 2006; DeNardis & Hackl, 2015; Suzor, 2018; Brown & Marsden, 2013). Some of the ways jurisdictional tensions emerge in online spaces – with corresponding offline effects – occur through policing and law enforcement practices in the fields of criminal, intellectual property and corporate law. However, the lack of uniformity of these laws at domestic levels can lead to complicated and protracted legal disputes between nations, or amongst different agencies within nations (Palmer & Warren, 2013). Additional concerns arise regarding whether and how due process and human rights protections are maintained through the extraterritorial access to e-evidence (Warren, 2015; Svantesson & Gerry, 2015), the extradition of alleged offenders (Mann & Warren, 2018; Mann et al., 2018), and new and emerging powers many national law enforcement agencies now possess to engage extraterritorial surveillance and offshore government hacking.

Focus of the papers
Power and jurisdiction are central to understanding justice and regulating the contemporary digital environment. For this special issue, Internet Policy Review invites theoretical, empirical, and methodological papers from law, criminology, digital humanities, critical surveillance studies, and related disciplines on the following issues, which bear relevance to European societies and highlight policy implications or make a reference to regulatory debates:
• How the concept of legal geography can be applied to activities in, and regulation of, digital spaces;
• The impact of the expansion in domestic and international cybercrime, data protection and intellectual property laws on concepts of jurisdiction, sovereignty and extraterritoriality;
• The geopolitical impacts of domestic and international cybercrime laws such as the Council of Europe’s Convention on Cybercrime (Budapest Convention), the recent United States CLOUD Act and other lawful access regimes including EU e-Evidence proposals;
• The application of due process requirements in the contemporary policing of digital spaces;
• The objectives of justice in the study of private governance in online environments; and
• The implications of these transnational developments for current and future policy and regulation of online activities and spaces.

A selection of contributions will be made from extended abstracts. Authors of papers selected for the special issue will be invited to present and discuss their paper at a workshop to be held in Brisbane, Australia, in late 2019 (aligned with the Association of Internet Researchers annual conference which will be hosted by QUT Digital Media Research Centre). The workshop will enable exchange of ideas on these timely issues, provide peer-feedback for the finalisation of the papers and promote the forthcoming special edition. A sub-selection of papers will be selected for the special issue based on regular peer review.

Special issue editors
Dr Monique Mann (m6.mann@qut.edu.au)
Vice-Chancellor’s Research Fellow in Technology and Regulation
School of Justice, Faculty of Law
Queensland University of Technology

Dr Angela Daly (angela.daly@cuhk.edu.hk)
Assistant Professor
Chinese University of Hong Kong Faculty of Law

Important dates
Release of the call for papers March 2019
Deadline for expression of interest and abstract submissions (500 word abstracts) 26th April 2019

Invitation to submit full text submissions May 2019
Full text submissions deadline August 2019

All details on text submissions can be found under http://policyreview.info/authors

Peer review process September 2019
Workshop in Brisbane 1st of October 2019 (attendance is not compulsory)
Resubmission of papers following review January 2020
Preparation for publication February 2020
Publication March 2020

References
Bauman, Z., Bigo, D., Esteves, P., Guild, E., Jabri, V., Lyon, D. and Walker, R.B.J. (2014). After Snowden: Rethinking the impact of surveillance. International Political Sociology, 8(2), 121-144. Doi: 10.1111/ips.12048.

Boister, N. (2015). Further reflections on the concept of transnational criminal law. Transnational Legal Theory, 6(1), 9-30.

Braverman, I., Blomley, N., Delaney, D., & Kedar, A. (2014). The expanding spaces of law: A timely legal geography. Stanford, California: Stanford University Press.

Brenner, S. W. (2009). Cyberthreats: The emerging fault lines of the nation state. Oxford: Oxford University Press.

Brown, I., & Marsden, C. T. (2013). Good governance and better regulation in the information age. Cambridge, Massachusetts: MIT Press.

Clunan, A., & Trinkunas, H. (Eds.) (2010). Ungoverned spaces: Alternatives to state authority in an era of softened sovereignty. Stanford, California: Stanford University Press.

DeNardis, L. (2014). The global war for internet governance. New Haven, CT: Yale University Press.

DeNardis, L. & Hackl, A. M. (2015). Internet governance by social media platforms. Telecommunication Policy, 39, 761-770.

Goldsmith, J. & Wu, T. (2006). Who controls the internet: Illusions of a borderless world. New York, Oxford University Press.

Hilderbrandt, M. (2013). Extraterritorial jurisdiction to enforce in cyberspace: Bodin,

Schmitt, Grotius in cyberspace, University of Toronto Law Journal, 63, 196-224.

Johnson, D. & Post, D. (1996). Law and borders: The rise of law in cyberspace,

Stanford Law Review, 48(5), 1367-1402.

Mann, M. & Warren, I. (2018). The digital and legal divide: Silk road, transnational online policing and southern criminology. In Carrington, Kerry, Hogg, Russell, Scott,

John, & Sozzo, Máximo (Eds.) Handbook of Criminology and the Global South. Cham, Switzerland: Palgrave Macmillan, pp. 245-260.

Mann, M., Warren, I. & Kennedy, S. (2018). The legal geographies of transnational cyber-prosecutions: extradition, human rights and forum shifting, Global Crime, 19(2), 107-124.

Palmer, D. and Warren, I. (2013). Global policing and the case of Kim Dotcom. International Journal for Crime, Justice and Social Democracy, 2(3), 105-119.

Schiller, D. (2011). Special commentary: Geopolitical-economic conflict and network infrastructures. Chinese Journal of Communication, 4(1), 90-107.

Suzor, N. (2018). Digital constitutionalism: Using the rule of law to evaluate the legitimacy of governance by platforms. Social Media and Society, 1-11.

Svantesson, D. (2013). A ‘layered approach’ to the extraterritoriality of data privacy laws. International Data Privacy Law, 3(4), 278-286.

Svantesson, D. (2014). Sovereignty in international law – how the internet (maybe) changed everything, but not for long. Masaryk University Journal of Law and Technology, 8(1), 137-155.

Svantesson, D., & Gerry, S. (2015). Access to extraterritorial evidence: The Microsoft cloud case and beyond. Computer Law & Security Review, 31, 478-489.

Svantesson, D. (2017). Solving the internet jurisdiction puzzle. Oxford: Oxford University Press.

Warren, I. (2015). Surveillance, criminal law and sovereignty, Surveillance & Society, 13(2), 300-305.

Workshop – Bogota Universidad Catolica de Colombia – 6-8 November 2019

Conflict, Power and Justice in the Global South

Academic knowledge about conflict, power and justice has generally been sourced from a select number of countries from the Global North, whose journals, conferences, publishers and universities dominate the intellectual landscape. In the last decades, there have been substantial efforts to undo these colonized ways of producing knowledge in this field.

This three-day workshop in Colombia brings together scholars, practitioners and activists from across the globe to contribute to this task of southernizing and democratising knowledge.

The workshop aims to link northern and southern activists and scholars in a collective project to create globally connected critical and innovative knowledges. It builds upon the international workshop on Southern Criminology co-hosted by QUT and Universidad Nacional del Litoral, Argentina in November 2018; and seeks to combine presentations with group discussions around the theoretical and conceptual foundations of the Southern Criminology project.

This workshop will be co-hosted by Queensland University of Technology, Australia; Universidad Autónoma de México; Universidad Católica Colombia; University of Essex, UK; Universidad Nacional del Litoral, Argentina; University of Northumbria, UK; and, University of Oslo, Norway.

Abstracts of 250 words

Due 30 June 2019

Early submission advised as the workshop is limited to 100

Email to:  justice@qut.edu.au

The workshop will be convened in two languages: Spanish and English. Selected papers will be published as a Special Edition of Critical Criminology

 

Max Travers – Emerging Australian Scholar – 5th biennial Crime, Justice and Social Democracy International Conference

We welcome Max Travers as an Emerging Australian Scholar in the Southern Criminology Stream as part of our 5th biennial Crime, Justice and Social Democracy International Conference on the Gold Coast from 15-17 July 2019.  Max is a senior lecturer in the School of Social Sciences, University of Tasmania. He qualified as a solicitor in the United Kingdom before completing a doctorate in sociology at the University of Manchester. He has published ethnographies about legal practice, including The Reality of Law (1997) and The Sentencing of Children (2012), and is currently working on a project about bail practices and court reform. He has helped to establish the Asian Paradigm in criminology through co-editing Comparative Criminology in Asia (2017).

Further information about the conference, including how to register, can be found here. 

Jarrett Blaustein – Emerging Australian Scholar – 5th biennial Crime, Justice and Social Democracy International Conference July 2019

We are pleased to welcome Jarrett Blaustein, Ph.D. as an Emerging Australian Scholar for the Southern Criminology stream at the 5th biennial International Crime, Justice and Social Democracy Conference being held on the Gold Coast, July 2019.  Jarrett is a Senior Lecturer in Criminology at Monash University and is author of Speaking Truths to Power: Policy Ethnography and Police Reform in Bosnia and Herzegovina (Oxford University Press, 2015) and lead editor of the forthcoming Emerald Handbook on Crime, Justice and Sustainable Development(Emerald, 2020), His research examines the intersections between global crime and development governance within and beyond the United Nations system.

Further information about the conference including how to register can be found here.