The legal geographies of extradition and sovereign power

Kennedy, Sally; Warren, Ian

doi:10.14763/2020.3.1496

Cited by 5 publications

(5 citation statements)

References 15 publications

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“…Consequently, these approaches offer limited insight into the reasons behind extradition decisions and how broader criminological concepts impact specific cases. This lack of clarity adds to the overall complexity of extradition and the continued need for further research using individual case studies (Boister, 2017; Kennedy & Warren, 2020, 2022), or, where possible, identifying common trends among similar cases (Mann et al, 2018).…”

Section: Prior Research On Asd Suicide Risk and Imprisonmentmentioning

confidence: 99%

Psychiatric and legal issues surrounding the extradition of WikiLeaks founder Julian Assange: The importance of considering the diagnosis of autism spectrum disorder.

Allely¹,

Kennedy²,

Warren³

2022

Psychology, Public Policy, and Law

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Julian Assange is an Australian national and the founder of WikiLeaks, a nonprofit organization that publishes news leaks and classified information provided by anonymous whistle-blowers. In May 2019, a United States federal grand jury returned an 18-count criminal indictment against Assange. If convicted, Assange could face up to 10 years of incarceration for each Espionage Act (1917) charge and up to 5 years for conspiracy to access a government computer network. Due to Assange’s current physical location in the United Kingdom, the United States has requested extradition. However, to date, there has been limited scholarly discussion of the relationship between Assange’s autism spectrum disorder (ASD) diagnosis and his potential extradition and lengthy pretrial or postconviction imprisonment in the United States. This article explores the psychiatric submissions from Assange and the United States in light of available evidence on ASD and the risk of suicide among people who are imprisoned. The analysis will focus on common misperceptions about ASD, the particularly detrimental impacts of the prison environment on individuals with ASD, the varying opinions of Assange’s ASD diagnosis, and the importance of considering Assange’s risk of suicide in the context of ASD. From a human rights and individual fairness perspective, a complete understanding of the significance of these issues which does not minimize a diagnosis of ASD is paramount for Assange and any future case with similar elements.

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Section: Prior Research On Asd Suicide Risk and Imprisonmentmentioning

confidence: 99%

Psychiatric and legal issues surrounding the extradition of WikiLeaks founder Julian Assange: The importance of considering the diagnosis of autism spectrum disorder.

Allely¹,

Kennedy²,

Warren³

2022

Psychology, Public Policy, and Law

Self Cite

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“…has the authority and legitimacy to set out its own rules and frameworks for creating sanctions when these rules are violated. The traditionally geographical dimension of sovereignty ensures the effectiveness for legal enforcement to a wide extent [24]. Even in the physical space, due to the limitations of sovereignty, whenever legal activities develop a cross-border nature, hurdles around legal divergence and legitimate power arise.…”

Section: Barriers To Digital Enforcementmentioning

confidence: 99%

The Case for a Legal Compliance API for the Enforcement of the EU's Digital Services Act on Social Media Platforms

Goanta¹,

Bertaglia²,

Iamnitchi³

2022

Preprint

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In the course of under a year, the European Commission has launched some of the most important regulatory proposals to date on platform governance. The Commission's goals behind cross-sectoral regulation of this sort include the protection of markets and democracies alike. While all these acts propose sophisticated rules for setting up new enforcement institutions and procedures, one aspect remains highly unclear: how digital enforcement will actually take place in practice. Focusing on the Digital Services Act (DSA), this discussion paper critically addresses issues around social media data access for the purpose of digital enforcement and proposes the use of a legal compliance application programming interface (API) as a means to facilitate compliance with the DSA and complementary European and national regulation. To contextualize this discussion, the paper pursues two scenarios that exemplify the harms arising out of content monetization affecting a particularly vulnerable category of social media users: children. The two scenarios are used to further reflect upon essential issues surrounding data access and legal compliance with the DSA and further applicable legal standards in the field of labour and consumer law.CCS Concepts: • Social and professional topics → Governmental regulations.

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“…Whilst criminal activity in cyberspace penetrates effortlessly across geographical borders, law enforcement does not. As a result, nationally bounded law enforcement is required to operate within a realm that is geographically unbounded, thereby evoking a large number of complications (Kennedy & Warren, 2020). The most prominent international instrument concerning cybercrime is 'The Council of Europe Convention on Cybercrime', also known as the Budapest convention.…”

Section: Jurisdictionmentioning

confidence: 99%

“…The most prominent international instrument concerning cybercrime is 'The Council of Europe Convention on Cybercrime', also known as the Budapest convention. The convention seeks to harmonise national laws on cybercrime, improve investigative techniques and increase cooperation between nations (Kennedy & Warren, 2020). However, achieving consensus proves a contentious issue as each nation possesses their own independent norms, beliefs and practices, and thus promote differing visions for cyberspace.…”

Section: Jurisdictionmentioning

confidence: 99%

“…For instance, various governments advocate for cyber sovereignty contending that national borders apply to cyberspace and each country should have the right to govern how people and businesses use the internet within their territory. Whereas other nations support internet freedom, the concept that every citizen should be free to express themselves and spread new ideas online with anyone, anywhere (Kennedy & Warren, 2020).…”

Section: Jurisdictionmentioning

confidence: 99%

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Privacy, Security And Forensics in The Internet of Things (IoT)

2022

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The legal geographies of extradition and sovereign power

Cited by 5 publications

References 15 publications

Psychiatric and legal issues surrounding the extradition of WikiLeaks founder Julian Assange: The importance of considering the diagnosis of autism spectrum disorder.

Psychiatric and legal issues surrounding the extradition of WikiLeaks founder Julian Assange: The importance of considering the diagnosis of autism spectrum disorder.

The Case for a Legal Compliance API for the Enforcement of the EU's Digital Services Act on Social Media Platforms

Privacy, Security And Forensics in The Internet of Things (IoT)

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