Tag Archives: Law

The protests woke us up to Western policy in the Middle East – Aljazeera.com

16 Feb

See on Scoop.itAll things Internet and Law

Aljazeera.com
The protests woke us up to Western policy in the Middle East
Aljazeera.com
By this analysis, Blair’s catastrophic meddling in Iraq has created more public scrutiny over British foreign policy.

See on www.aljazeera.com

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ecrimeblog.com: Sentencing cybercriminals: a call for guidelines

16 Feb

See on Scoop.itAll things Internet and Law

WEB_3D_LAW‘s insight:

Recent news of the sentencing of four men (1, 2) connected with Anonymous DDoS attacks on Visa, PayPal and Mastercard raises questions over the suitability of existing sentencing options and penal practices as a reaction to online offending.

For flooding these payment gateways with bogus requests such that they were no longer able to service legitimate traffic, in connection with the WikiLeaks saga, three of the four men received custodial sentences, one of which is suspended, while a fourth was reluctantly spared custody as he had been 16 at the time of the offences.

Without having read the sentencing remarks, it is difficult to tell on what basis a custodial sentence is said to be justified. Indeed, it is not immediately clear on what basis these acts are deserving of the moral label "criminal" at all. According to the news, these men were co-conspirators in a group responsible for some £3.5mn of lost revenue. A large sum of money, certainly; but, unlike these high-tech bank robbers, the men in this case did not share in £3.5mn of ill-gotten gains. Their motivations, it seems, were political.

See on www.ecrimeblog.com

Facebook sued over ‘like’ button

16 Feb

See on Scoop.itAll things Internet and Law

Facebook is facing legal action over its use of the “like” button and some other features of the social network.

See on www.bbc.co.uk

BBC Attacks the Open Web, GNU/Linux in Danger

16 Feb

See on Scoop.itAll things Internet and Law

The Web is one of the most dramatic demonstrations of the power of openness, alongside free software, which not coincidentally runs most of it and the rest of the Internet. At the heart of that openness lies HTML, a completely…

See on blogs.computerworlduk.com

White House says ‘cyber threats’ include web site defacement, IP theft

16 Feb

See on Scoop.itAll things Internet and Law

In the State of the Union address Tuesday, President Obama announced a sweeping executive order implementing new national cybersecurity measures, opening the door for intelligence agencies to share…

See on mobile.theverge.com

Punishments to maintain Sporting Integrity

21 Jun

A certain Rangers “blogger’s” recent appearance on Newsnight was unmemorable except for the statement that “Rangers have been punished enough”. Of course, Scottish football message boards exploded with laughter at this comment, and looking at opinion polls from around the SPL, the rest of Scottish society find it even more hysterical.

Lets look at the facts. Firstly, “Old” Rangers were docked 10 points for entering administration. This is a consequence, not a punishment.

Secondly, as of today, the transfer ban that was imposed on “Old” Rangers has been overruled by Lord Glennie. Owner Charles Green is still unsure how to proceed, with some saying he is trying to accept the transfer ban in order to avoid more stiffer and severe punishments.

Thirdly, the fines charged by the SFA for bringing the game into disrepute have yet to be paid. Furthermore, liquidation is a financial consequence of coming out of administration, not a punishment. One is not “given” liquidation as a punishment. Liquidation, too, is a consequence of financial mismanagement.

The “Newco” problem for the SPL is labelled as a battle between the supposed financial necessity of having Rangers in the SPL and one of “sporting integrity”. Although much has been written about the “history” of Rangers being lost when it entered into liquidation, and even more has been written about the situation that engulfed Leeds, Middlesborough, and Fiorentina, this blog is not about sporting integrity as it relates to financial impropriety. This blog entry is about sporting integrity as it relates to cheating.

Is there any guidance from other sports on how governing bodies have dealt with sporting cheats? The Big Ten Basketball conference is one of US largest basketball conferences. In the US, where collegiate sports are cash-cows for American universities, the Big Ten has led the country in attendance every year since 1978. Its basketball rivalry is huge and within the conference is a “Big Three” rivalry which includes the University of Michigan. The Big Ten brings in hundreds of millions of dollars to the University of Michigan. The rivalries are huge and the team brings in the best players and recruits from all over the country.

In American collegiate sports, there is one rule considered sacrosanct – the absolute ban on the paying of players. Match fixing is criminal, of course, but the integrity of the game relies on the fact that the ten people on a basketball court at any given time are amateurs. In other words, they financial footing of every player at any given time is equal.

In the late 1990s, the University of Michigan was rocked by a scandal that had deep repercussions to the University and the Big Ten.

The case began when the investigation of an automobile accident during basketball player Mateen Cleaves’ 1996 recruiting trip revealed a curious relationship between a legitimate sports agent named “Martin” and the Wolverine basketball program dating back to the 1980s. A six year investigation resulted in several Michigan basketball players implicated over the next few years and by 1999 some were called before a US federal grand jury. Four eventual professional basketball players were discovered to have borrowed a total of $616,000 from Martin. During the investigation, Webber claimed not to have had any financial relationship with Martin, but eventually confessed to taking loans from Martin. He was both fined in the legal system and briefly suspended by the NBA after performing public service.

The university investigation looked at four players behaviour and came to the conclusion that they had briefly compromised their amateur status. In response, the University placed the basketball program on two years’ probation. The punishment was to withdrew from postseason consideration for the 2002–03 season, the program had to vacate all or part of five previous seasons and to remove the players’ names and achievements from its record book.

In all the punishments were as follows:

  • No postseason play in 2002–03, even though the players who took Martin’s money were no longer at the school.
  • The school vacated the entire 1992–93 season and every game it played from the 1995–96 season through the 1998–99 season. This included the 1997 National Invitation Tournament title and the 1998 Big Ten Tournament title. It also vacated its two Final Four games in 1992 and its entire NCAA tournament record in 1993, 1996, 1998 and 1999. There is a difference between forfeiting a game and vacating a game; a vacated game does not result in the other school being credited with a win.
  • Returning $450,000 received from the NCAA for postseason play in 1992, 1993, 1996, 1997, 1998 and 1999.
  • Banners commemorating the 1992 and 1993 Final Four runs, the 1997 NIT title and 1998 Big Ten Tournament title would be removed from the rafters.
  • Two years’ probation.

Of note, these punishments were self-imposed.

The governing body for mens basketball, the NCAA, accepted Michigan’s sanctions. It also imposed an additional two years’ probation and docked the school one scholarship a year from 2004–2005 until 2007–2008. The NCAA also barred Michigan from postseason play for the 2003–04 season. On appeal, the NCAA reversed its decision to add a second year of postseason ineligibility after hearing an appeal by the University.

Compare this to the present situation at Rangers. What we likely have here is a club and/or a business run by a group of men who knowingly and willingly paid their players through multiple contracts, likely failed to lodge them with the SPL, and didn’t pay their taxes along the way. They withheld £21 million in PAYE and VAT this season alone. They have failed to pay transfers fees owed to their contemporaries and they have failed to pay ticket sales to other member clubs. The EBT and double contract story likely extend to the best part of a decade. There is also reports about non-employees receiving funds from EBTs pre and post departure. The amount owed to the Revenue is upwards of £97M.

For an example of how the financial doping allegedly committed by Rangers, see my previous post on how EBTs hypothetically benefitted a club here.

It is a sad state of affairs in this country that a single director (let alone two directors/owners) of a company can get away with this level of corporate malfeasance. It is even sadder state of affairs that the sport’s governing body has allowed such a stranglehold by one of its members that it now claims it cannot manage to survive without it.

If Rangers were playing in America and did what they did here there, they would have been expelled. Without question. They would have been expelled, had their seasons vacated, titles removed, and fined. There would have been criminal charges brought against the directors and they would be sent to jail if convicted.

On the other hand, what do we do in Scotland? Here, our sport’s governing body asks its existing members to consider allowing a newer version of the former entity that screwed its creditors and competitors to the tune of £124 million by giving them a vote on whether its newer form can re-enter. The former company which doesn’t exist anymore gets to vote on this at the expense of another former member, Dunfermline Athletic, who too were an existing member of Club SPL screwed by the actions of the Old Rangers. There has not even been a punishment for the Lee Wallace fiasco – fielding a player bought from another member without payment. At a minimum, on this offence alone, those games in which Lee Wallace played, should be vacated. Period.

It is ludicrous. This is not a sleight of Rangers, this is my condemnation of our sports governing bodies and the UK’s corporate governance laws. In any other sporting context we would not even be having this conversation. We would be asking how long are they expelled for? Looking at American collegiate sports for guidance, the University of Michigan self-imposed the aforementioned punishments over $616K (£400 pounds) and four young men taking pay from an agent, while in Scotland, the SFA has done nothing. Even in the University of Michigan scenario, there was no suggestion that any of the basketball games played were compromised. The punishments were handed out for cheating, nothing more, nothing less.

Scottish Football is dead. This is why.