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1 – 10 of 24The chapter presents and discusses the development of a number of new transnational surveillance and information systems in Europe. It relates their development to the question of…
Abstract
The chapter presents and discusses the development of a number of new transnational surveillance and information systems in Europe. It relates their development to the question of whether we here have an example of ‘law without a state’. Guenther Teubner's notion of a ‘lex mercatoria’, a system of global contract law developed by large law firms and international business lawyers, is paralleled by a ‘lex vigilatoria’, a system of global control in the making. The chapter provisionally concludes that the ties to the nation-state of an integrated surveillance system are increasingly diluted.
The protection of the borders of the states, the entry of foreigners through the borders under certain conditions, helps to ensure internal security. Member states of the European…
Abstract
The protection of the borders of the states, the entry of foreigners through the borders under certain conditions, helps to ensure internal security. Member states of the European Union (EU) are trying to protect the freedom and welfare area they have created within their borders by preventing the entry of migrants. The EU countries, which are generally insufficient in determining common policies, tend toward policies that vary from country to country on migration. However, it is seen that many policies and practices have come into force for the security of the Union's borders. In this study, it will be tried to examine how the borders of the Union are protected and controlled against the migrants coming to the Union countries.
Rising migrant flows across the Mediterranean are straining the EU's current 'Dublin' asylum system. Nearly all member states and EU institutions recognise the failures of the…
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DOI: 10.1108/OXAN-DB199317
ISSN: 2633-304X
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Topical
– The paper is a conceptual investigation of the metaphysics of personal identity and the ethics of biometric passports. The paper aims to discuss these issues.
Abstract
Purpose
The paper is a conceptual investigation of the metaphysics of personal identity and the ethics of biometric passports. The paper aims to discuss these issues.
Design/methodology/approach
Philosophical argument, discussing both the metaphysical and the social ethics/computer ethics literature on personal identity and biometry.
Findings
The author argues for three central claims in this paper: passport are not simply representations of personal identity, they help constitute personal identity. Personal identity is not a metaphysical fact, but a set of practices, among them identity management practices (e.g. population registries) employed by governments. The use of biometry as part of these identity management practices is not an ethical problem as such, nor is it something fundamentally new and different compared to older ways of establishing personal identity. It is worrisome, however, since in the current political climate, it is systematically used to deny persons access to specific territories, rights, and benefits.
Originality/value
The paper ties together strands of philosophical inquiry that do not usually converse with one another, namely the metaphysics of personal identity, and the topic of identity in social philosophy and computer ethics.
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Maegan Hendow, Alina Cibea and Albert Kraler
This paper aims to examine the primary fundamental rights concerns related to biometrics and their use in automated border controls (ABCs), as well as how these issues converge in…
Abstract
Purpose
This paper aims to examine the primary fundamental rights concerns related to biometrics and their use in automated border controls (ABCs), as well as how these issues converge in the European Commission’s Smart Borders proposal.
Design/methodology/approach
This paper draws on extensive background research and qualitative in-depth interviews conducted in 2013 for the European Union (EU) FP-7 project “FastPass – A harmonized, modular reference system for all European automatic border crossing points”.
Findings
The Smart Borders proposal not only compounds the individual concerns related to the use of biometrics in border controls and automatisation thereof, but also has serious issues of its own, premier among which is the imposition of a two-tier border control system.
Social implications
The paper is a catalyst for open debate on the fundamental questions of how we got to this point and where do we want to go. It questions the process by which the increased use of IT in border controls has become the norm and policy trend in Europe, and discusses where the limits could be drawn from a fundamental rights perspective. In particular, it warns against the institutionalisation of a two-tier border control system among third-country nationals.
Originality/value
Little attention is given to the fundamental rights concerns raised for EU and non-EU citizens as related to biometrics and their use in ABCs, and how these issues are reproduced in the Smart Borders proposal. The paper fills this gap by taking a bottom-up approach: examining the implications of individual elements of the proposal to see their impact on the broader policy.
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eJudicial cooperation is a goal of EU policy. It appears to offer procedural and technical ICT solutions to enhancing EU security. This paper outlines particular dilemmas posed by…
Abstract
eJudicial cooperation is a goal of EU policy. It appears to offer procedural and technical ICT solutions to enhancing EU security. This paper outlines particular dilemmas posed by operationalising ejudicial cooperation within the EU and its member states, and assesses how political weakness is reconfigured as a problem of technical ethics. The application of biometrics and ICT based ejustice potentially bring the EU closer to the citizen without closing the confidence and trust deficit. The paper first outlines three political dilemmas of ejudicial cooperation: political competence, public accountability, and globalisation imperatives. It examines the rationale for introducing biometric IDs, highlighting a general problem of ejudicial cooperation and egovernance which aggravate the trust deficit. Then, it assesses the technical and managerial procedures to ethical practices for quality justice and security to combat the trust deficits which elude open public accountability and compromise trust.
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This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation…
Abstract
Purpose
This paper aims to understand the discrepancy between Germany’s immediate positive response to the so-called “Europe 2015's refugee crisis“ and the strict asylum legislation adopted in Germany in the following year.
Design/methodology/approach
The discrepancy is attributed to external and internal forces. The external force is Germany’s obligation to adhere to the Common European Asylum System. The internal force is the role of the different policy actors. The paper focuses on the role of the media as an example of a private policy actor. Through adopting the theory of the social construction of target populations, the paper studies how the media constructs “asylum seekers”, the target of the new asylum legislation. The role of the media is analyzed using the methodology of qualitative content analysis of a selected number of newspaper articles.
Findings
The majority of the studied articles problematized receiving and hosting refugees and focused on the reason behind migration differentiating between asylum seekers fleeing conflict areas and all others who might be abusing the asylum channel. The findings of the content analysis, as such, resonate with the amendments that focused on facilitating the integration of accepted “refugees” but restricted further entry. As such, it could be argued that these findings explain the influence of the media on the amendments and as such provide an explanation to the discrepancy between the initial response and the amendments.
Research limitations/implications
The analysis focused on one newspaper. The findings, as such, are not representative. The aim is only to provide an example of how the German media dealt with the refugee crisis and to suggest using the theory chosen by the paper to analyze the link between asylum legislation and the construction of asylum seekers. To understand how asylum legislation is influenced by how asylum seekers are constructed, more studies are needed. Such studies could analyze the role played by other media outputs and/or the role played by other policy actors in constructing the target of the policy.
Originality/value
The media’s response is based on analyzing a sample of newspaper articles published by a German newspaper following the so-called 2015 refugee crisis. Accordingly, the findings represent an original endeavor to understand how the media reacted to the crisis.
Martha E. Williams and Linda C. Smith
This is the ninth article on science, technology and medicine (STM) databases in a continuing series of articles summarising and commenting on new database products. Two companion…
Abstract
This is the ninth article on science, technology and medicine (STM) databases in a continuing series of articles summarising and commenting on new database products. Two companion articles will appear in the next two issues of this journal — one covering social sciences, humanities, news and general (SSH) (Online & CDROM Review, vol. 21, no. 2) and the other covering business and law (BSL) (Online & CDROM Review, vol. 21, no. 3). These articles are based on the newly appearing database products in the Gale Directory of Databases. The Gale Directory of Databases (GDD) was created in January 1993 by merging Computer‐Readable Databases: A Directory and Data Sourcebook (CRD) together with the Directory of Online Databases (DOD) and the Directory of Portable Databases (DPD).
This paper aims to deal with an increasing securitization and criminalisation of migration in Europe highlighting ethical implications of the current surveillance-based EU…
Abstract
Purpose
This paper aims to deal with an increasing securitization and criminalisation of migration in Europe highlighting ethical implications of the current surveillance-based EU migration governance. It is shown that EU member states employ surveillance regimes to control movements across borders and to restrict migrants' access to their territories. The ethical acceptability of such practices is questioned with a particular focus on the “freedom of movement”.
Design/methodology/approach
In order to establish the extent to which the current EU migration governance can be considered ethically justifiable, the article starts out from the right to mobility as coded in the UN Declaration of Human Rights. It is shown that the current migration governance obstructs the rights specified in Articles 13 and 14. At the same time, shortcomings of the UN declaration are discussed and the need for a better protection of the freedom of movement is suggested.
Findings
It is established that human rights are such that promote normative agency and a type of rights that trump, for example, states interests in restricting access to their territories do not outweigh individuals rights to seek asylum. In order to make this relation more clear however, the right to mobility should be made symmetric, including both a right to leave and to enter (but not a right to immigrate and settle). An extensive right to freedom of movement is advocated based on the significance of mobility for normative agency. A substantial right to mobility supports the right to seek asylum.
Originality/value
As of yet, ethical implications of surveillance-based border control are under-researched.
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