Erik Zouave

Bio: Erik Zouave is an academic researcher from Katholieke Universiteit Leuven. The author has contributed to research in topics: Law enforcement & Profiling (information science). The author has an hindex of 2, co-authored 2 publications receiving 16 citations.

Computer network operations and ‘rule-with-law’ in Australia

Abstract: Computer Network Operations (CNOs) refers to government intrusion and/or interference with networked information communication infrastructures for the purposes of law enforcement and security intelligence. The following article explores how CNOs are lawfully authorised in Australia, and considers the extent to which the current use of CNOs are subject to ‘counter-law’ developments. More specifically, the article finds that the scope and application of CNOs in Australia are subject to weak legislative controls, that while such operations might be ‘lawful’, they undermine rule of law and disturb core democratic freedoms.

An Inconvenient Truth: Algorithmic Transparency & Accountability in Criminal Intelligence Profiling

Abstract: In the hopes of making law enforcement more effective and efficient, police and intelligence analysts are increasingly relying on algorithms underpinning technologybased and data-driven policing. To achieve these objectives, algorithms must also be accurate, unbiased and just. In this paper, we examine how European data protection law regulates automated profiling and how this regulation impacts police and intelligence algorithms and algorithmic discrimination. In particular, we assess to what extent the regulatory frameworks address the challenges of algorithmic transparency and accountability. We argue that while the law regulates both algorithms and their discriminatory effects, the framework is insufficient in addressing the complex interactions that must take place between system developers, users, oversight and profiled individuals to fully guarantee algorithmic transparency and accountability.

The (In)effectiveness of Voluntarily Produced Transparency Reports

Abstract: This article analyzes the relative effectiveness and limitations of companies’ voluntarily produced transparency reports in promoting change in firm and government behavior. Such reports are publis...

Global Policing and Transnational Rule with Law

Abstract: This paper explores the connection between transnational law and policing. Following a brief overview of the global policing field and its relationship with law, we use socio-legal theories of policing to examine four examples of law in action: (i) the global money system, (ii) transnational mobility, (iii) intellectual property and (iv) high policing. These examples illustrate how legal instruments become tools in the hands of public and private social actors operating in the transnational sphere. The paper advances three arguments. First, we argue that global policing practices exemplify rule with law not rule of law. That is, technocratic ‘legal engineers’ use legal ‘power tools’ to achieve specific ends that usually uphold the existing global system dominated by seigneurial states and powerful private corporations. Examining transnational law in action illustrates that the global order is a rule with law system. Second, we argue that attempts to codify transnational (criminal) law and procedure must recognise the distinction between ‘law in the books’ and the ‘living law’ revealed in the practice of transnational policing. Rather than constraining power, law is better understood as a tool available to police that enables intrusive surveillance and coercion (among other things). Third, we argue that the study of transnational policing should not be restricted to the response to transnational organised crime or defined as coterminous with transnational criminal law. Global policing practices deploy many kinds of public and private law as power tools in the governance of the global system.

Regulatory arbitrage and transnational surveillance: Australia's extraterritorial assistance to access encrypted communications

Abstract: This article examines developments regarding encryption law and policy within ‘Five Eyes’ (FVEY) countries by focussing on the recently enacted Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 (Cth) in Australia. The legislation is significant both domestically and internationally because of its extraterritorial reach, allowing the development of new ways for Australian law enforcement and security agencies to access encrypted telecommunications via transnational designated communications providers, and allowing for Australian authorities to assist foreign counterparts in both enforcing and potentially circumventing their domestic laws. We argue that Australia is the ‘weak link’ in the FVEY alliance as - unlike other FVEY members - has no comprehensive enforceable human rights protections. Given this, there is a possibility for regulatory arbitrage in exploiting these new surveillance powers to undermine encryption via Australia.

Do Users Always Want to Know More? Investigating the Relationship between System Transparency and Users' Trust in Advice-Giving Systems.

Abstract: Users’ adoptions of online-shopping advice-giving systems (AGSs) are crucial for e-commerce websites to attract users and increase profits. Users’ trust in AGSs influences them to adopt AGSs. While previous studies have demonstrated that AGS transparency increases users’ trust through enhancing users’ understanding of AGSs’ reasoning, hardly any attention has been paid to the possible inconsistency between the level of AGS transparency and the extent to which users feel they understand the logic of AGSs’ inner working. We argue that the relationship between them may not always be positive. Specifically, we posit that providing information regarding how AGSs work can enhance users’ trust only when users have enough time and ability to process and understand the information. Moreover, providing excessively detailed information may even reduce users’ perceived understanding of AGSs, and thus hurt users’ trust. In this research, we will use a lab experiment to explore how providing information with different levels of detail will influence users’ perceived understanding of and trust in AGSs. Our study would contribute to the literature by exploring the potential inverted U-shape relationship among AGS transparency, users’ perceived understanding of and trust in AGSs, and contribute to the practice by offering suggestions for designing trustworthy AGSs.

Inside Australia's anti-terrorism laws and trials [Book Review]

Abstract: Review(s) of: Inside Australia's anti-terrorism laws and trials, by Andrew Lynch, Nicola McGarrity, George Williams, NewSouth Books, RRP $24.99.