The Host Chapter 5 Uncomforted Free Essays

string(27) a piece of the front line. Hi, Wanderer! Won’t you sit down and make yourself at home?† I dithered on the edge of the Comforter’s office, one foot in and one foot out. She grinned, only a small development at the edges of her mouth. It was a lot simpler to peruse outward appearances now; the little muscle jerks and moves had gotten comfortable through long stretches of presentation. We will compose a custom exposition test on The Host Chapter 5: Uncomforted or then again any comparative point just for you Request Now I could see that the Comforter discovered my hesitance somewhat entertaining. Simultaneously, I could detect her disappointment that I was as yet uncomfortable going to her. With a calm moan of abdication, I strolled into the little splendidly hued room and took my standard seat-the puffy red one, the one farthest from where she sat. Her lips pressed together. To stay away from her look, I gazed through the open windows at the mists leaving past the sun. The black out tang of sea brackish water blew delicately through the room. â€Å"So, Wanderer. It’s been some time since you’ve come to see me.† I met her eyes culpably. â€Å"I left a message about that last arrangement. I had an understudy who mentioned a portion of my time†¦Ã¢â‚¬  â€Å"Yes, I know.† She grinned the small grin once more. â€Å"I got your message.† She was alluring for a more established lady, as people went. She’d let her hair remain a characteristic dark it was delicate, inclining toward white as opposed to silver, and she wore it since quite a while ago, pulled in a free pig tail. Her eyes were an intriguing green shading I’d never observed on any other person. â€Å"I’m sorry,† I stated, since she was by all accounts hanging tight for a reaction. â€Å"That’s OK. I comprehend. It’s hard for you to come here. You wish so much that it wasn’t vital. It’s never been essential for you. This scares you.† I gazed down at the wooden floor. â€Å"Yes, Comforter.† â€Å"I know I’ve requested that you call me Kathy.† â€Å"Yes†¦ Kathy.† She giggled softly. â€Å"You are not calm with human names yet, are you, Wanderer?† â€Å"No. To be completely forthright, it seems†¦ like a surrender.† I admired see her gesture gradually. â€Å"Well, I can comprehend why you, particularly, would feel that way.† I gulped noisily when she said that, and gazed again at the floor. â€Å"Let’s talk about something simpler for a moment,† Kathy recommended. â€Å"Do you keep on making the most of your Calling?† â€Å"I do.† This was simpler. â€Å"I’ve started another semester. I thought about whether it would get tedious, rehashing a similar material, yet so far it doesn’t. Having new ears makes the narratives new again.† â€Å"I hear beneficial things about you from Curt. He says your class is among the most mentioned at the university.† My cheeks warmed a piece at this applause. â€Å"That’s ideal to hear. How is your partner?† â€Å"Curt is magnificent, much obliged. Our hosts are fit as a fiddle for their ages. We have numerous years in front of us, I think.† I was interested on the off chance that she would remain on this world, on the off chance that she would move to another human host when the opportunity arrived, or in the event that she would leave. However, I didn’t need to pose any inquiries that may move us into the more troublesome regions of conversation. â€Å"I appreciate teaching,† I said. â€Å"It’s to some degree identified with my Calling with the See Weeds, so makes it simpler than something new. I’m obliged to Curt for mentioning me.† â€Å"They’re fortunate to have you.† Kathy grinned heartily. â€Å"Do you realize how uncommon it is for a Professor of History to have encountered even two planets in the educational plan? However you’ve carried on a term on practically every one of them. Furthermore, the Origin, for sure! There isn’t a school on this planet that wouldn’t love to take you away from us. Abrupt plots approaches to keep you occupied so you have no an ideal opportunity to consider moving.† â€Å"Honorary Professor,† I revised her. Kathy grinned and afterward took a full breath, her grin blurring. â€Å"You haven’t been to see me in so long, I was thinking about whether your issues were settling themselves. In any case, at that point it happened to me that maybe the purpose behind your nonappearance was that they were getting worse.† I gazed down at my hands and said nothing. My hands were light earthy colored a tan that never blurred whether I invested energy in the sun or not. One dull spot denoted the skin simply over my left wrist. My nails were stopped. I detested the sentiment of long nails. They were horrendous when they brushed the skin wrong. Furthermore, my fingers were so long and slight the additional length of fingernails made them look odd. In any event, for a human. She made a sound as if to speak following a moment. â€Å"I’m speculating my instinct was right.† â€Å"Kathy.† I said her name gradually. Slowing down. â€Å"Why did you keep your human name? Did it make you feel†¦ more at one? With your host, I mean?† I would have jumped at the chance to think about Curt’s decision also, however it was such an individual inquiry. It would have been off-base to approach anybody other than Curt for the appropriate response, even his accomplice. I stressed that I’d previously been excessively discourteous, yet she snickered. â€Å"Heavens, no, Wanderer. Haven’t I revealed to you this? Well. Possibly not, since it’s not my business to talk, yet to tune in. The greater part of the spirits I talk with don’t need as much support as you do. Did you realize I came to Earth in one of the absolute first situations, before the people had any thought we were here? I had human neighbors on the two sides. Brief and I needed to claim to be our hosts for quite a long while. Significantly after we’d settled the prompt region, you never knew when a human may be close. So Kathy just became what my identity was. In addition, the interpretation of my previous name was fourteen words in length and didn't abbreviate prettily.† She smiled. The daylight inclining through the window got her eyes and sent their silver green reflection moving on the divider. For a second, the emerald irises shined luminous. I’d had no clue about this delicate, comfortable lady had been a piece of the bleeding edge. You read The Host Chapter 5: Uncomforted in classification Article models It took me a moment to process that. I gazed at her, amazed and out of nowhere increasingly conscious. I’d never paid attention to Comforters never had a need now. They were for the individuals who battled, for the frail, and it disgraced me to be here. Knowing Kathy’s history caused me to feel somewhat less clumsy with her. She got quality. â€Å"Did it trouble you?† I inquired. â€Å"Pretending to be one of them?† â€Å"No, not so much. This host was a ton to become accustomed to-there was so much that was new. Tangible over-burden. Following the set example was very as much as possible handle at first.† â€Å"And Curt†¦ You decided to remain with your host’s mate? After it was over?† This inquiry was increasingly pointed, and Kathy got a handle on that without a moment's delay. She moved in her seat, testing her sanity up and collapsing them under her. She looked mindfully at a spot simply over my head as she replied. â€Å"Yes, I picked Curt-and he picked me. From the outset, obviously, it was irregular possibility, a task. We reinforced, normally, from hanging out, sharing the peril of our central goal. As the university’s president, Curt had numerous gets in touch with, you see. Our home was an addition office. We would engage frequently. People would get through our entryway and our sort would leave. Everything must be fast and calm you know the viciousness these hosts are inclined to. We experienced each day with the information that we could meet a last end at any second. There was steady fervor and continuous dread. â€Å"All generally excellent reasons why Curt and I may have framed a connection and chosen to remain together when mystery was not, at this point important. Also, I could deceive you, alleviate your feelings of dread, by disclosing to you that these were the reasons. But†¦Ã¢â‚¬  She shook her head and afterward appeared to settle further into her seat, her eyes drilling into me. â€Å"In such a significant number of centuries, the people never figured love out. What amount is physical, what amount in the psyche? What amount of mishap and what amount destiny? For what reason did consummate matches disintegrate and unthinkable couples flourish? I don’t know the appropriate responses any better than they. Love just is the place it is. My host cherished Curt’s have, and that adoration didn't kick the bucket when the responsibility for minds changed.† She watched me cautiously, responding with a slight glare when I drooped in my seat. â€Å"Melanie still laments for Jared,† she expressed. I felt my head gesture without willing the activity. â€Å"You lament for him.† I shut my eyes. â€Å"The dreams continue?† â€Å"Every night,† I murmured. â€Å"Tell me about them.† Her voice was delicate, convincing. â€Å"I don’t like to consider them.† â€Å"I know. Attempt. It may help.† â€Å"How? In what capacity will it help to reveal to you that I see his face each time I close my eyes? That I wake up and cry when he’s not there? That the recollections are so solid I can’t separate hers from mine anymore?† I halted suddenly, grasping my teeth. Kathy pulled a white hanky from her pocket and offered it to me. At the point when I didn’t move, she got up, strolled over to me, and dropped it in my lap. She sat on the arm of my seat and paused. I hung on determinedly for a large portion of a moment. At that point I grabbed the little square of texture irately and cleaned my eyes. â€Å"I loathe this.† â€Å"Everybody cries their first year. These feelings are so unthinkable. We’re all kids for a piece, regardless of whether we planned that or not. I used to destroy each time I saw an entirely dusk. The flavor of nutty spread woul

Managing Conflict Constructively System †MyAssignmenthelp.com

Question: Talk about the Managing Conflict Constructively System. Answer: Presentation: In one meeting; I discovered that both the speculations manage an individual (pioneers), affecting other colleagues to achieve a set objective. To the extent, the legitimacy of both the hypotheses is concerned, them two have their own masters and impediments. This is an endless discussion of conceived/made. Both the hypotheses can show the present and forthcoming administrators some significant exercises on how they can turn into a pioneer. Every individual may have own conclusion with respect to which hypothesis stands increasingly suitable. As indicated by me, the characteristic hypothesis stands valid. According to the expressions of Fleeson et.al. 2015, this hypothesis expresses that there are sure attributes characteristic in pioneers which are absent in some other individual. Along these lines this hypothesis says that pioneers are conceived, not made. This is one of my best learning results of the classes since it instilled a superior comprehension of the idea of pioneers. As indicated by the assessment of G, (2015), attribute hypothesis considers individual qualities of the pioneers so as to recognize them from not pioneers such as self-assured, dependable, and adaptable, and so forth. Then again, the social hypothesis recommends that Leaders are prepared to assemble such practices like decided towards work being individuals arranged and pioneers are made and not conceived. Gathering conduct and Team at work I took in the significance of safe condition while evaluating the Case study: Why dont cooperation like they should? It is a standout amongst other learning of my course; as I took in the way of carrying on in a gathering and how to determine the logical inconsistency which emerges while filling in as a gathering. Many, times while working in a gathering or in an association; strife emerges and numerous things stay inferred. Because of these positive connections doesn't stay for quite a while and the circumstance deteriorates. As per Maruping et.al. (2015), if the constructive condition is accessible than individuals or representative can clarify the reality or issues which they are looking in a simple way. Along these lines, I think it is important to guarantee that sheltered condition is accessible in the association with the goal that workers can examine anything they need. I additionally perceived the way that fitting arranging is fundamental for accomplishing the pre-decided poi nts while filling in as a gathering. This learning will help me in carrying on in fitting way as a major aspect of the gathering and will likewise let me settle issues in the most ideal manner. A similar will help me in achieving foreordained objectives (Temminck, et.al. 2015). Inspiration was my best learning result as it made by understanding that how organizations persuade their staff for their maintenance. It was fascinating to know the manners in which organizations embrace for the worker benefits. I might want to share my best involvement with this respect. The vast majority of the organizations Mars have distinctive advantage frameworks like demonstrating wellness clubs and free suppers to their representatives so they can deal with their wellness routine all the while with the companys work. Different organizations like PayPal and Amgen perceive the workers needs to better diversion offices which incorporate the arrangement of non-tedious hours. Numerous organizations likewise acquaint good cause plans with fulfill their requirement for self-realization (Nawaz et.al., 2014). Numerous organizations like USG People explicitly depend on budgetary impetuses to rouse workers. Different motivating forces incorporate giving chances to business, giving exte nsion to showing initiative characteristics by appointing work to bring down levels. Greater part of the organizations in the IT business direct inside headway programs for their representatives. According to Buble et.al. 2014, giving testing occupations through occupation enhancement is another method of giving inspiration to their workers with the goal that they don't feel weariness by doing dull errands. Representatives who have higher request needs don't engage ordinary advantages. They need something more than that. Force and Politics In this week I took in the significance of assigning power. I additionally discovered that what the effects of keeping it close are? This has helped me such that what approach is better in that circumstance. As indicated by Brandsma et.al. (2016), the organization concludes that what parts of activities are to be assigned dependent on the trouble and significance of the errands. In the event that the undertaking requires the use of information which the staff gangs, it would bode well to do appoint that part and the other way around. On the off chance that the errand is something that others don't have the foggiest idea or perhaps need more certainty and information about then it must be kept close (Scarbrough et.al., 2013). This is done to diminish the odds of errors in significant issues if the subject is of upper hand. This learning can be helpful for me later on as now I know the upsides and downsides of appointing work. In the event that the organization has total trusts on its representatives just, at that point it can appoint work and that too which isn't vital. Each organization needs to find some kind of harmony between what ought to be appointed and so forth (Tjosvold et.al., 2016). This week was of most extreme significance as it managed the most delicate issue of the work environment that is of contentions and exchange. As per the expressions of Firth (2014), each working environment experiences clashes which can be among two organizations, two divisions or two people. Exchange, then again, is a genuine conversation among two additional gatherings which target arriving at a resolution. For this, it is critical to pick fights carefully. Few out of every odd clash may merit a response. Some may even hamper the picture of the individual and of the association. This exercise caused me to comprehend different manners by which the contentions can be taken care of effortlessly like willing to co-work, understanding different people needs, and so forth. On the off chance that it is the matter of exchange a methodology of win-win must be received so neither of the gathering experiences misfortune. An activity plan must be embraced for significant exchanges with the goa l that significant arrangements don't leave the hand (Tjosvold et.al. 2015). It is essential to manage most extreme consideration. A few arrangements may likewise require direction from experts. According to the assessment of Heiss, (2013) clashes must be needs as far as territory. Pointless clashes may bring about a misuse of vitality time and exertion which could be utilized in other beneficial regions. In this manner, in a work environment, it is essential to not enjoy into any superfluous clashes. References Brandsma, G. J. Blom-Hansen, J. (2016). Controlling assigned powers in the post-Lisbon European Union.Journal of European Public Policy. 23(4). 531-549. Buble, M., Juras, A., Mati?, I. (2014). The connection between directors administration styles and motivation.Management: diary of contemporary administration issues. 19(1). 161-193. Firth, A. (Ed.). (2014).The talk of arrangement: Studies of language in the workplace(Vol. 15). Elsevier. Fleeson, W. Jayawickreme, E. (2015). Entire characteristic theory.Journal of Research in Personality,56, Pp82-92. (2015). Authority: Theory and practice. Sage distributions. Heiss, S. N. (2013). Sound conversations about hazard: The Corn Refiners Associations key exchange of expert in the discussion over high fructose corn syrup.Public Understanding of Science.22(2). Pp 219-235. Maruping, L. M. Magni, M. (2015). Inspiring workers to investigate joint effort innovation in group contexts.Mis Quarterly.39(1). Nawaz, A. et.al. (2014). Variables Motivating Employees in Public Sector Banks: An Empirical Investigation. Scarbrough, H. Corbett, J. M. (2013).Technology and Organization (RLE: Organizations): Power, Meaning and Deisgn. Routledge. Temminck, E. Mearns, K., Fruhen, L. (2015). Persuading representatives towards feasible behaviour.Business Strategy and the Environment.24(6). Pp 402-412. Tjosvold, D. Tjosvold, M. (2015). Overseeing Conflict Constructively. InBuilding the Team Organization(pp. 120-137). Palgrave Macmillan UK. Tjosvold, D., Wan, P., Tang, M. M. (2016). Trust and Managing Conflict: Partners in Developing Organizations. InBuilding Trust and Constructive Conflict Management in Organizations (Pp. 53-74). Springer International Publishing.

How to Avoid Common Mistakes When Handling an EEOC Complaint

How to Avoid Common Mistakes When Handling an EEOC Complaint If you run a big company long enough, complaints about harassment and discrimination at work are bound to find their way to your doorstep. It’s one thing when such complaints are handled internally.It’s quite another when you receive a letter from the Employment Opportunity Commission (EEOC) informing you that a discrimination charge has been brought forward by one of your employees and the commission is commencing investigations on the matter.EEOC complaints can have huge impacts on your business.If the matter goes to court, it turn out be a long, exhausting, and financially draining litigation process.In addition, it could completely tarnish your company’s image and drive away both customers and potential hires in future.It could also lead to high employee turnover as your best people start to look for greener pastures elsewhere.The point here is that EEOC complaints are no trivial matter.They must be handled with extreme care if you want your company to survive one without b eing scathed.In this article, we take an in-depth look into EEOC complaints and some common mistakes to avoid when dealing with an EEOC complaint.WHAT IS AN EEOC COMPLAINT? EEOC stands for Employment Opportunity Commission. It is the US federal agency responsible for administration and enforcing of civil rights laws in the event of discrimination at the workplace.The commission has the mandate to investigate cases of people suffering discrimination at the workplace because of their race, religion, sex, national origin, age, disability, gender identity, genetic information, sexual orientation, as well as cases of retaliation after reporting, opposing, or participating in a discriminatory practice.In 2018, the EEOC received a total of 76,418 complaints.Most of these were retaliations.Other big offenders included race, sex, and disability-related complaints.In that year alone, the commission received over 554,000 calls and emails, handled over 200,000 enquiries relating to potential di scrimination claims.In the course of the year, the EEOC filed 199 lawsuits, filed 29 amicus curiae briefs, and resolved 141 lawsuits.WHAT HAPPENS WHEN SOMEONE FILES A COMPLAINT? The commission uses a variety of techniques to investigate a complaint â€" each case is different, with different circumstances requiring a different approach.If someone in your company files a discrimination complaint, the EEOC might send over an investigator to the office/workplace.Another case might involve talking to potential witnesses via phone or asking your company to give written information to the commission.The EEOC asks the employer to respond to the charge with a position statement (that is give their side of the story).Furthermore, the commission may also ask the company to produce documents and any other information that relates to the EEOC charge.If your company ever receives an EEOC charge or subpoena, this is the smart way to respond:Don’t blow off the charge.Call your lawyer.If you have taken insurance to cover such situations (employment practices liability insurance â€" EPLI), notify your insurance carrier about the charge.The commission usually offers the company an opportunity for mediation. Consider it seriously. In many cases, you can resolve the charge and get a general release, and save the money you would have spent litigating the claim in court.On the other hand, if you don’t wish to mediate or settle, do not ignore the EEOC’s request for documents or reply noncommittally. What you could do instead is contact the EEOC investigator and politely explain why the commission should narrow down and tailor its request. Consult your lawyer for advice on the best approach to take.Be reasonable, be selective â€" Do not object merely on grounds of principle. Develop a strong argument based on the information they are seeking and the scope of the filed complaint.Even when objecting, ensure you provide the commission with the information that they are entitled to receive.Keep good records of your negotiations with the agency in the course of the investigation. Send letters to confirm any verbal agreements and conversations. In case matters end up in court, you want to prove that you cooperated.WHAT HAPPENS WHEN YOU DON’T HANDLE EEOC COMPLAINTS PROPERLY?It is important that you handle an EEOC complaint properly.Failure to do so can have several negative repercussions for your company, including:Costly litigation â€" If you cooperate, you might resolve the issue through mediation or a settlement. If you don’t, the EEOC may sue you. Even if it doesn’t sue, the employee who filed the complaint has the right to do so. This will translate to a litigation that is costly in more ways than one, including steep legal expenses and bad publicity that eats into your bottom line.Penalties and indemnifications â€" Whether you resolve the case through litigation, settlement, or mediation, you as the employers are still required to pay penalties for th e EEOC complainants. You might be required to pay their back wages, reinstate them, and in some cases, promote them. You could even be ordered to pay their legal expense. If it goes to court and you lose, the court may award punitive and compensatory damages to the complainants. How you handle the situation determines how much you end up spending.Loss of reputation â€" This is particularly pertinent if you operate in a competitive market where customers are spoilt for choice. Customers stay with you because of their perception of your company. If your company’s reputation is ruined, this could result in some customers shunning your company. Potential employees will also have qualms about working for your company.Labor turnover â€" If you handle the EEOC complaint wrongly, your other employees will realize they work in an unfriendly work environment and will be more likely to leave, especially your best people.COMMON EEOC COMPLAINTS Source: Labor Day BlogCommon EEOC complaints are based on at least one or a combination of the following discriminations/situations: sex, race, religion, national origin, color, disability, age, equal pay, genetic information discrimination, or retaliations.Sex DiscriminationThis occurs when someone at a workplace (an applicant or employee) receives unfair treatment on account of their sex.It includes discriminating against them because of their gender identity and their sexual orientation.Race/ColorRace discrimination is when someone is treated unfairly because they belong to a certain race or have certain personal characteristics associated with race â€" like skin color, hair texture, or certain facial features.ReligionReligion discrimination pertains unfair treatment on account of one’s religious beliefs.The law protects those who belong to traditional, organized religions as well as those who have sincerely held religious, moral, or ethical beliefs.National OriginThis involves treating people unfairly because of their ethnicity, accent, country or part of the world they come from, or because they appear to belong to a certain ethnic background.It is unlawful for employers to hire only US citizens or lawful permanent residents unless the law, regulation, or government contract requires them to do so.DisabilityDisability discrimination is when a qualified person with a disability receives unfavorable treatment because of their disability.According to the Americans with Disabilities Act, employers should provide reasonable accommodation for employees or job applicants with disabilities, unless this would cause undue hardship for the employer.AgeThe Age Discrimination in Employment Act (ADEA) protects persons who are 40 and older from discrimination.While it does not expressly protect younger workers, some states do have laws that prohibit age discrimination among younger workers.Equal Pay/CompensationThe Equal Pay Act requires people to receive equal pay for equal work. The jobs don’t have to be identical, so long as they are substantially equal. Equality is determined by job content not job title. The law covers all forms of pay.PregnancyThis involves unfavorable treatment of a woman because of childbirth, pregnancy, or a medical condition related to the two.Women are protected from this kind of discrimination by the Pregnancy Discrimination Act (PDA).Genetic InformationThe Genetic Information Nondiscrimination Act (GINA) protects employees from genetic information discrimination. Employers should not use genetic information when making employment decisions.An example of genetic information is information about a disease or disorder in a person’s family medical history.RetaliationComplaints against retaliation are the highest in number of all EEOC complaints. Retaliation occurs when an employer retaliates against employees for doing any of the following things:Filing EEOC complaintsBeing a witness in an EEOC chargeCommunicating wi th a supervisor or manager about employment discriminationRefusing to obey orders that would lead to discriminationResisting sexual advances or intervening to protect someone else from sexual harassmentAsking for accommodation of a religious practice or disabilityAsking coworkers or managers about salary information in a bid to reveal potentially discriminatory wages.Answering questions during an investigation of alleged harassment at the workplaceCOMMON EEOC MISTAKES AND HOW TO AVOID THEMIf you own or run a company, there is a high chance you will get hit with an EEOC complaint at some point, if it hasn’t happened already.When this happens, there is a right approach and a wrong approach.Some employers react without prior deliberation, no plan, and it comes back to bite them when the case ends up in a courtroom.The following are the most common mistakes employers make and how you can steer clear of them:Ignoring the ComplaintUpon receiving a complaint from the EEOC, some employers may choose to ignore the complaints for a variety of reasons, such as assuming that the EEOC does not apply to their business because they employ less than 15 employees, or assuming that the charge is not something serious.Regardless of the number of people working under your company, or any other circumstances, you should take an EEOC complaint very seriously, and under no conditions should you ignore the complaint.For instance, racial discrimination cases have a law known as Section 1981 which supersedes the Title VII of the Civil Rights Act. Section 1981 covers all employees, regardless of a company’s size.Furthermore, Fair Employment Practices Agencies (FEPAs), which apply to counties and states, may offer protection to employees where the EEOC can’t.Our advice is that you should cooperate with the EEOC investigators.If you have a lawyer, call them, ask for their advice on how to approach the situation, learn what loopholes there are or what booby traps are in the law that you should watch out for.If you ignore the EEOC, they will probably slap your company with a subpoena, and if the matter does end up in court, the judge will have a simple decision to make since it will be clear that you did not cooperate at all or even communicate with the EEOC.In other words, you need to be strategic. Give in a little, but with your eye on the endgame.It will give you and your lawyers[s] time to come up with a plan of action and sort through your different options, which include objecting, mediation, or out of court settlement.Not Being ProactiveDon’t wait for the EEOC to do all the investigating. They could miss something or look in the wrong place.Since you know your own company better than they do, you are likely to find more information than they do.Once you are notified of the EEOC complaint, you should start your own internal investigation into the matter in order to find out the veracity of the complaint.Carrying out your own investigation will also help you to determine how deeply it goes, with the ultimate aim of putting an end to discrimination and harassment in your company.When carrying out your investigation, seek the counsel of your lawyers as well as the advice of human resource professionals. Be very careful who you select for the job of investigating.Look for someone who has a broad experience and a good understanding of discrimination law.It’s wiser to use outside consultants on the matter because you don’t want the investigator to have any connection to the allegations or any interest whatsoever in the outcome.Keep in mind that this person might be summoned as a witness in case of litigation.You need someone ethical, someone you can trust.Ensure the investigator has access to any documents relevant to the investigation â€" hardcopy, electronic documents, emails, personnel files, managers’ desk files and notes, performance reviews, HR policies, HR files that pertain to the complainant, the accused, the possible witn esses, and so on.Communicate to your people that no documents should be destroyed as this can ruin the investigation, both yours and the commission’s and put you in a precarious position in the eyes of the EEOC.After completing the investigation, determine if any discrimination occurred.Develop and implement a plan on how to address the inappropriate behavior, illegal or not.Inappropriate behavior, even when seemingly harmless is not something you want tolerate in your workplace as it can balloon into something undesirable.Meanwhile, the results of your investigation will determine what course you should take with the EEOC â€" go for an out of court settlement, mediation, or fully cooperate with the commission and await its decision.As with most situations in life and business, if you don’t take the reins and control the situation, you and your company will be passive participants who react to things instead of active participants who chart their own course.Being InconsistentIf you say one thing today and say another tomorrow, it hurts the perception you convey to the investigators and eventually, if matters take that route, to the court.That’s why it’s so important that you take the EEOC complaint seriously and be proactive in gathering all the necessary information you need with the help of your legal counsel, your human resource department, and an internal investigation.It’s important to think things through clearly, ensuring that you are not frivolous when articulating your position statement. You don’t want to leave out any important information or any reasons that explain the situation.If you leave out information in your statement and later after the initial confusion subsides you want to enhance your statement at court with new or different information, the court is likely to view such inconsistency unfavorably.It gives the court grounds to consider your reasons as pretexts and ultimately gives it a justification to decide against you.There fore, take great pains to ensure your position statement articulates everything accurately and clearly.RetaliationAs I mentioned, retaliations make up the bulk of EEOC complaints. Retaliating is the worst mistake you can make in handling an EEOC complaint.First of all, retaliation is itself one of the types of workplace discrimination that the EEOC has the mandate to investigate.Even if the original complaint lacked merit, retaliation makes the EEOC investigator and the court more likely to side with the complainant.Furthermore, it opens a new charge against you, which the court will most certainly convict you for, even when taking your side in the original discrimination charge.Destroying EvidenceThere is one thing about such cases â€" no matter how hard you press down on the lid, given enough time and a proper investigation, the truth will always reveal itself eventually.Destroying evidence may seem like a good decision at the time, but it is not so wise in the long-term.Any attem pts to conceal, destroy, or falsify documents/evidence are illegal and will come back to haunt you. Simply don’t do it.Refusing MediationAt the end of the day, remember you are running a business.What matters most in a business is the bottom line. You should make decisions based on how they affect your company’s profitability.A hardline stance may give you a good feeling of standing your ground, but if in the long run it leads to expenses which your company can’t afford to pay, is it really worth it?Some employers are skeptical of the EEOC’s mediation program, unable to conceive that EEOC mediators can act with any fairness to the employers.This is a mistaken point of view. EEOC mediators are, in fact, fair and savvy.It is their job is to facilitate economical resolutions where possible.Of course not every case should go the mediation route â€" sometimes clearing the company’s name is more important.Intentional DelayYes, we talked about being strategic, but some tactics ar e ultimately self-harming.Delay can be a legitimate strategy in some cases, but it’s generally not, particularly if you don’t have an endgame in mind.One way delaying cooperation can harm you is in the accrual of back pay and back benefits that you are expected to pay the complainant.In other words, the more you delay, the more money you will have to take out of your pocket to pay the complainant.Moreover, if the matter goes to court, your slow cooperation won’t win any points in your favors.Working on Your OwnWhat you need when a legal problem such as this crops up is practical, avoid the temptation to handle the matter by yourself.Solid advice from an experienced, knowledgeable legal professional â€" a lawyer who has a good understanding of discrimination laws and preferably experience dealing with such cases.In truth, many of the mistakes we have listed here would be avoided if you had a good lawyer in your corner to tell you what to do and what not to do.Furthermore, lawye rs have their own way of communicating with each other, and you will make faster progress if you have a lawyer communicating on your behalf with the EEOC lawyers.WRAPPING UPWhen faced with an EEOC complaint, it is of utmost importance to handle the complaint carefully. Do not react without thinking. Do not ignore the complaint, do not retaliate, and do not react with unnecessary aggression.Cooperate where cooperation is logical.Object where objection is logical. Talk to a lawyer. Conduct an internal investigation.You will also need to decide how you will play it. Will you wait for the commission’s decision, settle, or go for mediation?Think long-term, not short-term. Think of your company’s best interests.Above all, put in place mechanisms in your organization that ensure cases of discrimination either don’t happen or are dealt with swiftly before they escalate because in the long run they are very costly.

Susan G. Mezey s Elusive Equality Women s Rights,...

In Elusive Equality: Women s Rights, Public Policy, and the Law, Susan G. Mezey touches several topics that highlight the trials and tribulations women have face over the year just to get one step closer to being considered â€Å"legally equaled† to a man. The author talks about the origin behind the discrimination of women rights using examples from multiply court cases and relates them to situations that women faced today such as women in the workplace, sexual harassment, abortion rights, and eliminating gender bias in education. The authors main point was to inform and stress the importance of seeking constitutional equality, and she used those topics as an example to where women were discriminated against and treated unfairly. She exemplified how such laws were used with sex-based classifications and that men and women were treated different but ironically the laws disadvantaged men more than women. Discussing the topic of women’s rights, the author exemplified many strengths and weakness throughout the book. One of the strengths of this book is the structure in which the author wrote it. Discussing a topic such as women’s rights can be pretty tricky because it is such a broad topic. I like that the author starts off with the legality matters of the subjects and takes it back to the early 1900s to explain how longevity of women discrimination and how long women rights advocates and other feminist movement had to fight in order for there to be equal opportunities for women.

Cybercrime Criminal Offence

Sample details Pages: 21 Words: 6262 Downloads: 1 Date added: 2017/06/26 Category Statistics Essay Tags: Cyber Security Essay Did you like this example? What is Cybercrime? At this point of time there is no commonly agreed definition of Cybercrime. The area of Cybercrime is very broad and the technical nature of the subject has made extremely difficult for authorities to come up with a precise definition of Cybercrime. The British police have defined Cybercrime as use of any computer network for crime and council of Europe has defined Cybercrime as any criminal offence against or with help of computer network. The two definitions offered by the British police and council of Europe are both very broad and they offer very little insight into the nature of conduct which falls under the defined term. Most of us do a vague idea what Cybercrime means but it seems that it is very to difficult to pinpoint the exact conduct which can be regarded as Cybercrime. Don’t waste time! Our writers will create an original "Cybercrime Criminal Offence | Criminology Dissertations" essay for you Create order For the purposes of the dissertation, I shall attempt to come up with my own definition of Cybercrime; the available definitions do not adequately explain the concept of Cybercrime. In order to understand and provide better insight into nature of Cybercrime, it will be a good idea to divide Cybercrime into two categories because computers can be used in two ways to commit Cybercrime. The first category will include crimes in which the computer was used as tool to commit the offence. The computer has enabled criminals to use the technology to commit crimes such as fraud and copyright privacy. The computer can be exploited just as another technical device which can be exploited, for e.g. a phone can be used to verbally abuse someone or stalk someone, someway the internet can be used to stalk someone or verbally abuse someone. The second category will include offences which are committed with intention of damaging or modifying computers. In this category the target of the crime is the computer itself, offences such as hacking. Whichever categories the offence committed falls in, ultimately it are us the humans who have to suffer the consequences of Cybercrime. Now we know that there are two ways in which the computer can be used to commit offences, my definition of Cybercrime would be: Illegal acts using the computer as instrument to commit an offence, or targeting a computer network to damage or modifying computers for malicious purposes Even my definition cannot be regarded as precise, as pointed earlier that due to the broad and technical nature of Cybercrime, it almost impossible to come up with a precise definition. The term Cybercrime is a social term to describe criminal activities which take place in world of computers; it is not an established term within the criminal law. The fact that there is no legal definition of Cybercrime within criminal law makes the whole area of Cybercrime very complicated for concerned authorities and the general public, it creates confusion such as what constitutes as Cybercrime and if Cybercrime cannot be defined properly how will the victims report the crime? The lack of proper definition means that majority of the Cybercrime which takes place is unreported as the victims and the authorities are not sure whether the conduct is a Cybercrime. It is estimated that 90% of the Cybercrime which occurs is unreported. Types of Cybercrime Computer can be used to commit various crimes, in order to have a better understanding of Cybercrime; we shall look at individually the types of crimes which are committed in the world of computers. It will not possible to describe every type of Cybercrime which exists due to the word limit, we will only concentrate on crimes which are considered to be major threats to our security. First Category Fraud Fraud can be defined as use of deception for direct or indirect financial or monetary gain. The internet can be used as means targeting the victim by replicating real world frauds such as get rich quick schemes which dont exist, emails which demand an additional fee to be paid via credit card to stop loss of service such as internet or banking. The increasing availability of the internet means that fraudsters can carry out fraudulent activities on a grand scale. Fraud is a traditional crime which has existed for centuries and internet is merely a tool by which the fraudsters actions are carried out. Fraud has become a serious threat to e-commerce and other online transactions. Statistics suggest that internet only accounts for 3% of credit card fraud, credit card fraud is one of the more difficult frauds to commit on the internet, however other forms of fraud such as phising are more easier to carry out using the internet and equally lucrative. Phising is a form of fraud which is rapidly increasing. Phising is when you get emails from commercial organizations such your bank and other financial institutions, they would ask you to update your details, emails look genuine and it is a scam to trick people on giving their details. There are no official figures available on phishing scams but on average I receive about three emails everyday asking me to update my bank account details. Recently there was email going around asking the staff members and students of LSBU to update their personal details, the email looked genuine but the ICT staff informed students/staff to ignore as it was a trick to gain personal information. Since the advancement of technology, it is has become easier and cheaper to communicate and fraudsters are also taking advantage of technology because it is easier to exploit the internet and it is cheaper than other alternatives such as phone and postal mail. There are other forms of fraud such as auction fraud, it is when buy goods in auction and you pay for the item but your item will never turn up. Fraud is one of the lucrative crimes on the internet; experts suggest that it is more than trafficking drugs. The reasons why fraudsters prefer internet is because: Internet has made mass communication easy and it is cheap, same email can be sent to millions of people very easily and cheaply with just one click of button. Majority of users do not have adequate knowledge on how technology works, this makes it easy for fraudsters to fool innocent people into taking an action such as giving their personal details. Internet users are considered nave in the sense that they have too much faith in the information they receive via the internet, therefore, they do not take necessary steps to verify the information and often get tricked in handing out their credit card or personal details. Offences against person(s) Offence against a person can either be physical or mental, it is not possible to cause direct physical harm to a person using a computer but it is possible to cause mental harm such as anxiety, distress or psychological harm. It can be done by sending abusive or threatening emails or posting derogatory information online. Stalking is a crime which is done to harass another person repeatedly. As the number of user on the internet increased, the opportunities for abuse have also increased. It is possible to use internet as a tool for sending abusive emails, leaving offensive messages on guestbooks, or posting misinformation on blogs. In some cases, cyberstalkers have morphed images of their victims onto pornographic images and then emailing the pictures to relative and work colleagues to cause embarrassment. There are mainly three reasons for committing a crime such as stalking, Main reason is usually when relationships fail, former intimates usually target their ex-boyfriend/girlfriend to get revenge. Second reason for cyberstalking is boredom; some people usually pick random people and target them by sending them abusive and threatening emails just for fun. Cyberstalkers take advantage of anonymity of the internet to cause distress to their victims life. Hate and racist speech is also a form of crime which escalated since the introduction of the internet; it can cause traumatic experience and mental distress to those who are targeted. Post 9/11, there have been many websites set up to mock the religion Islam, such as www.laughingatislam.com, this website has been cause of distress to many Muslims around the world. Sexual offences This category includes offences which have sexual element, such as making undesired sexual approaches in chat-rooms and paedophiles harrasing children. Child pornography and child protection are one of the main concerns on the internet. Paedophiles are taking full advantage to exploit the technology for viewing and exchanging child pornography. Paedophiles use the internet to their advantage, they use chat rooms and other popular social networks such as facebook to entice and lure children into meeting them. Many popular chat rooms such as MSN Chat and Yahoo chat have closed down their chat rooms to protect young children but closure of popular chat rooms have not stopped paedophiles from using less popular chat rooms and other social networks. Second category Hacking related offences Hacking can be defined as gaining unauthorised access to a computer system. As soon as we hear the word hacking, we tend to think that it is a crime, it should be noted that hacking started of as show of skill to gain temporary access to computer systems. It was rather an intellectual challenge than a criminal motive. But now, many hackers misuse their skills to inflict damage and destruction. Examples of hacking include stealing confident information such credit card details. In a recent incident of hacking, Harriet Harman whose is a politician, taking part in upcoming elections. Her website was hacked and the blog section of her website encouraged the audience to vote for Boris Johnson whose is a competitor of Harman Harriet. Boris Johnson has also complained that his email account was hacked recently. Most politicians believe that internet as a medium will be a major part of election campaigns and activities such as hacking can sabotage election campaigns by posting disinformation on candidates websites. Virus and Other Malicious Programs Virus is a malicious code or program that replicates itself and inserts copies or new versions onto other programs, affecting computer systems. Viruses are designed to modify computer systems without the consent of the owner or operator. Viruses are created to inflict senseless damage to computer system. It is a widely accepted perception that crime is committed in times economic distress. Criminals do not gain any monetary benefit; it is simply done to show off their computer skills. Some viruses are failed programs or accidental releases. The most famous virus which was released is the I LOVE YOU virus or commonly known as the love bug. The virus damaged millions of computers worldwide; it caused damage worth of $8.5bn, the author of the virus claims that it was released to impress his girlfriend. Legislation on Cybercrime It is often believed that the internet is just like the wild west where there no rules and regulations and people are free to carry out illegal activities. Fortunately, this is not true at all; there is legislation which exists to protect us from cybercrimes. Type of crime Legislation Fraud Fraud Act 2006(Covers all types of possible frauds) Offences against person(s) The Public Order Act 1986(Hate speech) Sexual Offences The Protection of children Act 1978 The Criminal Justice Act 1988 The Criminal Justice an Public Order Act 1988 Sexual Offences Act 2003 After carefully reviewing all pieces of legislations mentioned above, I can conclude by saying that legislation we have at the moment is adequate enough to protect us from any sort of traditional crime carried out using computers. There were few anomalies which have been removed now. Anomalies The Theft Act 1968 which previously covered fraud has been replaced by Fraud Act 2006 to cover anomaly under the previous legislation. In the case of Clayman, it was held that it is not unlawful to defraud a computer; the courts do not regard computers as deceivable as the process is fully automated. In theory if we apply the principle deriving from the Clayman case then it will not be unlawful to false credit card number when signing up for an online service such as subscription to a newsgroup or online gaming. There is only exception to this rule that it will not apply if deception involves licensed telecommunications services, such as dial-up chat lines pay-per-view TV. Second anomaly before us was that information was not regarded property. In the case of Oxford v Moss, in this case a student took a copy of forthcoming exam from a lecturers desk and made a photocopy of that exam paper, it was held that the student cannot be charged under the theft act as he did not deprive the owner of the asset, a copy had simply been taken. Computers only contain information, by applying the principle deriving from this case, it means that it is acceptable to print other peoples files as long they do not deprive the owner of the file by deleting it, one would only be prosecuted if he/she steals trade secret or confidential information. Decisions in both cases mentioned above are absurd, both of them were decided in 1970s, the only possible reason for reaching absurd decision could only be lack of knowledge on technology. Previous legislation took into account the consequences of the fraudsters activities when deciding whether the conduct in question is an offence. The Fraud Act 2006 aims to prosecute the fraudsters on the basis of their actual conduct rather than the consequences of their activities. How serious is the threat? In order to determine the seriousness of the threat, it is important to look at the statistics available on cybercrime. Type of crime Number of cases reported Fraud 299,000 Offences against the person 1,944000 Sexual offences 850,238 Computer Misuse(Hacking) 144,500 Virus related incidents 6,000000 Total number of cases reported 9,237738 Source of statistics: Garlik According to the figures, they were approximately 9.23 million incidents of cybercrime reported in the year 2006. Statistics show that 15% of the population of the UK was affected by cybercrime in someway, after looking at these figures; one can easily conclude that we are having an epidemic of cybercrime. These statistics could only the tip of the iceberg of the totality of cybercrime; experts believe that real figure could be 10 times higher as cybercrime is massively under-reported. Reasons for under-reporting Reporting any crime involves a three stage process: The conduct needs to be observed. The conduct needs to categorised as criminal. The relevant authorities need to be informed of the criminal conduct. A particular crime will not be reported if there is failure in any of the stages, therefore the relevant authorities will not take action against the criminal. There are certain factors which affect reporting of cybercrime, factors include: Sometimes the criminal conduct is not noticed, internet fraud usually comprises of low-value transactions across a bulk body of victims, and victims are not always able to spot discrepancy in their bank accounts. Lack of awareness means that the victims may not know whether the conduct in question is a crime. Victims of viruses dont see them as victims of crime, people tend to see viruses as technical issue, and therefore, the victim would believe that no one has broken the law. Most victims dont know which authorities they should contact to report cybercrime. Police officers have inadequate amount of resources and dont have the expertise to deal with cybercrime at the moment, therefore, pursuing a formal complaint can be a difficult process. Once I tried reporting a cybercrime, a laptop was purchased on EBay but the seller took my money and never sent the laptop, this is a common case of auction fraud. I did try to make a complain, the whole process was extremely slow, the officer dealing with me had no clue what EBay is, I was able to register a complaint but it has been two years and my complain is still unresolved. Under-reporting is factor which contributes towards increase in cybercrime, under-reporting mean that criminals will have less fear of getting caught and therefore, they are more likely to commit illegal acts online. Peoples attitude towards cybercrime Traditional crimes such as murder, rape and robbery can have serious effects on the victims life; in some cases the victim may not be able to lead a normal life after being a victim of crime. In contrast to cybercrime, the impact is not that serious, majority of users have insurance against financial frauds, and frauds are usually of low-value. Viruses can easily be filtered using antivirus software. Other offences such as cyberstalking usually cause some anxiety and distress. Only crimes such as child pornography have a greater impact, it is the only the crime which can have a serious consequences on the victims life. A recent survey suggest that only 37% are afraid to use the internet after being a victim of crime, majority of the users do continue to use the internet after being a victim. Cybercrime and e-commerce Cybercrime is a growing concern for all of us, however, the effects of cybercrime are not hindering the growth of the internet, and the effects of cybercrime on the e-commerce have not been drastic. Financial transactions over the internet are on the rise, number of people using internet for shopping is increase day by day and over one third of population is using internet banking. One of the reasons why cybercrime spiraling out of control is the fact that it is very easy to commit if have the technical knowledge, all you need is a computer connected to the internet, the crimes on the internet are hard to detect. It can be committed from anywhere in the world, the criminal could sitting in Africa and targeting his victim in Australia. In the next chapter, we shall examine the problems faced by authorities when investigating cybercrime. Jurisdiction Jurisdictional issues and the cyberspace Cyberspace is a world without defined boundaries; anyone can access any website using his computer. It can very difficult to locate the source of crime in cyberspace because relative anonymity and as easy way to shield identity. Even if the relevant authorities are able to identify the source of crime, it is not always easy to prosecute the criminal. Double criminality When dealing cross border crime, it is imperative that both countries should recognise the conduct as illegal in both jurisdictions. The principle of double criminality prohibits the extradition of a person, if the conduct in question is not recognized as a criminal offence by the country receiving the request for jurisdiction. Imagine a situation where a computer programmer from Zimbabwe sends Barclays bank a virus which causes the computers in Barclays bank to malfunction, the bank cannot carry out their business for 1 hour and as a result they lose about $1 million worth of revenue. English authorities would want to extradite the offender to England so they could prosecute the offender. In an action for extradition, the applicant is required to show that actions of the accused constitute a criminal offence exceeding a minimum level of seriousness in both jurisdictions. Imagine now that they are no laws on spreading viruses in Zimbabwe, therefore it will not possible to show offenders action constitute as criminal behavior. If they are no laws regarding on cybercrime in Zimbabwe then he cannot be extradited and he will walk free after deliberately causing damage to Barclays bank. Cybercrime has an international dimension, it is imperative that legal protection is harmonised internationally. There are still about 33 countries such as Albania, Yugoslavia and Malta; they have no laws on cybercrimes. If there are no laws then those countries are considered as computer crime havens. The perpetrator of I LOVE YOU virus which caused $8.5 billion worth damage was caught in Philippines but he could not be prosecuted as Philippines had no laws on cybercrime. Cybercrime is global issue and the world will need to work together in order to tackle cybercrime. How real world crime dealt across borders? In relation to real world crime which transcended national borders, an idiosyncratic network of Mutual Legal Assistance Treaties(MLATs) bound various countries to assist each other in investigating real world crime, such as drug trafficking. If there was no treaty agreement between two countries then they would contact the relevant authorities to ask for assistance and obtain evidence, this mechanism was sufficient in dealing with real world crime. This mechanism can only work if both countries have similar cybercrime laws; if any country lacks cybercrime laws then the process would fail. How should Jurisdiction be approached in Cybercrime? In a case of cyberstalking, An Australian man was stalking a Canadian Actress. The man harassed the actress by sending unsolicited emails. Australian Supreme Court of Victoria held that crimes committed over the internet knows no borders and State and national boundaries do not concern them, therefore, jurisdiction should not be the issue. He was convicted. This case was straightforward as both nations recognise stalking as a criminal offence, however, there can be conflicts if both nations do not recognize the act as criminal. In Licra v Yahoo, French courts tried to exercise jurisdiction over an American company. Yahoo was accused of Nazi memorabilia contrary to Article R645-1 of the French Criminal Code. Yahoo argued that there are not in breach of Article R645-1 as they were conducting the auction under the jurisdiction of USA and it is not illegal to sell Nazi memorabilia under the American law. In order to prove that Yahoo is subject American jurisdiction, they argued the following points: Yahoo servers are located in US territory. Services of Yahoo are primarily aimed at US citizens. According to the First Amendment to the United States Constitution, freedom of speech and expression is guaranteed and any attempt to enforce judgement which restricts freedom of speech and expression would fail for unconstitutionality. The court ruled that they have full jurisdiction over Yahoo because: The auction was open to worldwide bidders, including France. It is possible to view the auction in France, viewing and displaying Nazi memorabilia causes public nuisance and it is offence to public nuisance under the French law. Yahoo had a customer base in France, the advertisements were in French. Yahoo did have knowledge that French citizens use their site; therefore they should not do anything to offend French citizens. Yahoo ignored the French court ruling and kept saying that they French court does not have the right to exercise jurisdiction over an American company. Yahoo was warned that they would have to pay heavy fines if they dont comply. In the end Yahoo owners did comply with the judgement they had substantial assets in France which were at risk of being confiscated if they dont claim. The sole reason why French courts were able to exercise jurisdiction over Yahoo because it is a multinational company with large presence in France. Imagine instead of France, if the action would have been taken by courts of Saudi Arabia on auctioning playboy magazines, under the Saudi Arabian Sharia law, it is illegal to view or buy pornography. Saudi Arabia court would have failed to exercise jurisdiction over Yahoo as they dont have any presence in Saudi Arabia but it was possible to view Yahoo auctions from Saudi Arabia. The case of Yahoo is a rare example where a court was able to exercise jurisdiction over a foreign company. In majority of the cases concerning individuals, courts trying to exercise jurisdiction over foreign elements are usually ignored. In the case of Nottinghamshire County Council v. Gwatkin (UK), injunctions were issued against many journalists to prevent them from publishing disseminating a leaked report that strongly criticises [the Councils] handling of allegations of satanic abuse of children in the 1980s. Despite the injunctions, a report appeared on an American website. The website refused to respect the English jurisdiction as they argued that the report was a public document. The Nottinghamshire had no option then to drop the case. Cybercrime has an international dimension. International law is complicated area, it can be very difficult to co-operate with authorities if there is no or weak diplomatic ties, for e.g. Pakistan and Israel have no diplomatic ties, if a situation arises where Israeli citizen hacks into State bank of Pakistan steals millions of dollars from the bank, in a situation like this, one easily assume that both countries would not co-operate with each other even though both countries recognise hacking as a offence but they do not have diplomatic ties with each other, most probably the hacker would get away with the crime. A case involving Russian hackers, they hacked into Paypal and stole 53,000 credit card details. Paypal is an American company. The Russian hackers blackmailed Paypal and asked for a substantial amount of money, they threatened they would publish the details of 53,000 credit cards if they do not receive the money. Russia and American both have signed extradition treaty but still Russian authorities failed to take action, it is still not clear why they did not take appropriate action against the Russian hackers. Both nations struggled to gain jurisdiction over each other. FBI decided to take things into their own hands by setting up a secret operation, undercover agents posed as reprenstatives of a bogus security firm Invita. The bogus security firm invited the Russian hackers to US with prospects of employment. When the interview for employment by the bogus firm Invita was being carried out, the Russian hackers were asked to display there hacking skills, one of the hackers accessed his own system in Russia to show off his skills, the FBI recorded every keystroke and later arrested the Russian hackers for multiple offences such as hacking, fraud and extortion. The keystrokes recorded were later used to hack into one of the hackers computer in Russia to access incriminating evidence. All this took place without the knowledge of Russian authorities. When Russian authorities came to know about whole incident, they were furious and argued that US misused their authority and infringing on another sovereign nations jurisdiction. Lack of co-operation in relation to jurisdiction can lead to serious problems between nations, in order to avoid such conflicts, there is need to address the jurisdiction issue and come up with a mechanism which ensures that countries co-operate with each other. Where is the Jurisdiction? In the real world crime, the conduct and the effect of the conduct are easy to pin down because we can visibly see the human carrying out the conduct and the effect of the conduct is also visible. The location of the offence and the location of the perpetrator can easily be identified. Imagine a situation in which a shooter in Canada shots an American across Niagara Falls, it is clear from the example that the conduct took place in Canada and the effect of the conduct took place in Canada. Cyberspace is not real, people say that events on cyberspace occur everywhere and nowhere, a man disseminating a virus could release a virus which travel through servers of many different country before reaching the victim, for e.g. a person makes a racist website targeting Jews in Malta, uploads the website on American servers and the website is available for everyone to see, a Jewish living in Israel comes across the website and gets offended. In a situation like this where would you bring an action, should you bring an action in Malta because the perpetrator is based over there, would bring an action in America where the server is hosted or would bring the action in Israel where the victim is? There are specific laws regarding jurisdiction issues on the internet, the world is still struggling to come up with a solution which would solve the problem of jurisdiction. Positive or Negative Jurisdiction? The principle of negative jurisdiction occurs when no country is willing to exercise jurisdiction for a cybercrime. Cybercrime can have multiple victims in different countries; the love bug caused damage in many different countries including USA, UK, France and Germany. If the damage is caused to multiple countries then who should claim jurisdiction over the cybercrime, should it by prioritised by the amount of damage suffered by each country. If the effected countries decide not to take action against the perpetrator because it is not in their best interest, the country may be occupied by other internal problems. If no country is willing to exercise jurisdiction over a cybercrime then the perpetrator would walk free. Positive jurisdiction is opposite of negative jurisdiction, how will the issue of jurisdiction be decided if more than two countries want to exercise their jurisdiction over the perpetrator, it is a established principle that one cannot be tried in two different courts for the same offence, in a situation like this, the country which have suffered the most damage might be given priority. The area of positive and negative jurisdiction still remains unclear as there no cases or agreements to solve such a problem. Jurisdiction issues such as double criminality, determining jurisdiction and conflicts of positive and negative issues are the most complex issues of cybercrime, unless the issues are resolved, we cannot make any progress in curbing cybercrime. Council of Europe has been working on global governance model to deal with trans-border cybercrime. Council of Europe The Council of Europe began studying the cybercrime twenty years, when computers were first introduced; it was obvious that in the future they will be used to commit crime. After years of research, Council of Europe proposed a convention. The convention on cybercrime The convention on cybercrime is first international treaty on crimes committed using computers. The convention on cybercrime recognises that cybercrime is an international threat and proposes a traditional approach to the problem that the nation whose citizens suffer harm should exercise jurisdiction on the perpetrator. According to section 3 of the convention, it states that in the event of positive jurisdiction, nations should consult with each other to reach the best decision. Section 3 is unclear on positive jurisdiction which can lead to conflicts and slow or no co-operation between nations. I propose that section 3 should be amended and independent committee should be appointed by Council of Europe to decide the best course of action. The convention starts by stating that every member should define certain activities as criminal, and thus achieving international harmonisation and eradicating possible problems of double criminality. The aim of convention is to set up a fast and effective regime of international co-operation; this will be achieved by setting up a 24/7 point of contact for immediate assistance in every country. The convention requires nations to adopt a standard procedure when investigating and prosecuting cybercrime. It requires parties to adopt legislation that is designed to facilitate investigation by: Expediting the preservation and production of electronic evidence. Applying search and seizure law to computer systems. Authorizing law enforcement to collect traffic data and content data. Parties must also co-operate in: Extraditing offenders Sharing information Preserving, accessing, intercepting and disclosing traffic and content data. In simple language, we can interpret the convention on cybercrime is creating massive surveillance network and our civil liberties are under threat. Information can be exchanged between all national governments, is it a good idea to share information of British citizens with the French government?, is it necessary to monitor every internet user to control a very miniroty of cybercriminals. Will convention on cybercrime have any impact on curbing cybercrime? The prospects of success of convention of cybercrime are very low, so far the ratification of the treaty has extremely been a slow process, convention opened for signature and ratification on november 2001 and three year only thirty eight countries signed up, only eight ratified the treaty. The remaining thirty who have signed up are yet to ratify the treaty. There are one and ninty five countries in this world, the convention of cybercrime is open to all countries, only a small minority have signed up yet, how can the convention be a success if only a handful of countries are willing to participate. Internet is available everywhere, even in poorest countries such as Burkino Faso, if someone from Burkino Faso commits cybercrime, he will walk free because Burkino Faso do not have any laws on cybercrime and they are not part of convention on cybercrime. Other Alternatives The Evidence Imagine a man walks into into his local bank with the intention of robbing it. He goes in and uses the most clich dialouge this is a stick up, give me all the money and no one gets hurt, he passes a large sack with a dollar sign on it to the cashier and tells him to fill out up with cash or you will be hurt, the cashier carries out his intructions. The robber runners out of the bank with large bags of money, as soon as he outside, he drives off in BMW car. Whenever a crime is committed, the police is called to investigate and collect evidence so the robber could identified and the evidence should be strong that it should prove the case beyond reasonable doubt. When the police arrives to investigate the robbery, their first strategy will be to collect eyewitness testimony, they would ask questions that how did the robber look like, how tall was he and which car did he getaway in?. The police will have access CCTV footage which help to identify the robber. The second stage would be to collect physical evidence such as fingerprints. The police would also try to trace the car which he was driving, one of the customers in the bank managed to see the number plate of his car and using car registration number, the police is able to catch him, the search his house and are able to retrieve the stolen cash from the bank. The police is succesful in obtaining enough evidence to convict the robber beyond reasonable doubt. After spending 10 years in jail, the robber is released. He is planning another bank robbery but this time he would use a computer to steal the money instead of walking in a bank. He moves to South Africa, goes into a local internet caf and connects to the intenet. To disguise his tracks, he picks up networks with weak security, he hacks into server of university of South Wales, the server of universty of South Wales is operated by public library of Wales. Using the server of University of South Wales, he hacks into the server of public library of Wales and then from there he hack into the same bank which he robbed two years, he logs in, creates a dummy account and transfers the money to offshore bank account which is untraceable. The police again arrives to the same bank to investigate a robbery, the whole crime scene is completely different, there no eye witnesses, no one saw the robber and no physical evidence. The first strategy would be speak to the systems administrator and ask to gather all the information relation to the robbery that may be stored in the computer.After going through all the information, the police is able to find one piece of information which may lead to the robber. They manage to find the IP address, an IP address is the internets equivalent to phone number. The IP address tells them the hacking took place from the Public library of Wales, the police investigate the servers of public library of Wales and they find another IP address which originated from University of South Wales. They then move their investigation to University of South Wales and come to know that hacking took place from South Africa. The investigation moves to South Africa, they manage to track down the internet caf. After speaking to the staff of the internet caf, no one is able to give any clues, the system adminitrator does not keep comprehensive records, therefore it is not possible to gather further evidence against the robber. The robber moves to Canada shortly after carrying out the robbery. After being exhuasted, the police is not able to collect enough evidence against the robber which would prove the crime beyond reasonable. The criminal in this scenario is almost phantom, no one knows who he is and how he looks like. Digital evidence is fragile and not easy to collect because the computers have enchanced the ability cover up tracks. The cybercrime scene create significant forensic challenges for law enforcement agenices when obtaining evidence and subsequently presenting it before the courts. One of the biggest problems is that law enforcement agencies rely on third parties for evidence, in the scenario above, the third parties are University of South Wales and public library of Wales, if any of the third parties fail to keep comprehensive records then investigation will not be possible. There is no other source of collecting evidence, the only other source from which the evidence can come from is the computer which used to hack, most professional hackers destroy their laptops or replace the hardrive after carrying out the attack. The area of digital evidence is very technical and complex and research is still being carried in this area to make the whole process more efficient.

Definitions of Low Gpa Essay Samples for Mba

Definitions of Low Gpa Essay Samples for Mba Choosing Good Low Gpa Essay Samples for Mba When deciding on a high school essay format, step one is to recognize the sort of essay you want to write. Make certain to include transitions from 1 paragraph to the next. The major portion of a quick essay is known as the body. Our purpose is to supply you with a professionally written essay on this issue you require. Like a good deal of other small business schools, Babson provides you the chance to submit an optional essay, in other words, an essay along with the three required. Just attempt to stay in mind your aim in your explanation in the admission essay or MBA essay isn't to make excuses nor create tall tales to cover that you've got a very low grade in a couple of subject areas. Most Noticeable Low Gpa Essay Samples for Mba Admissions managers aren't seeking a particular answer to any of the questions. 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In the admission essay or MBA essay you've got the golden chance to spell out your low grades and offer rational reasons on why these grades aren't necessarily reflective on your potential for a student. You will find that my grades dip in my very first term.

The Spread Of Nuclear Weapons- A Debate free essay sample

Essay, Research Paper This book is structured as a argument between the writers on the topic of atomic proliferation. Waltz # 8220 ; argues that because atomic arms # 8216 ; will neer the less spread, # 8217 ; the terminal consequence will be stabilising. His chief point is that # 8216 ; atomic arms make wars difficult to get down # 8217 ; and that even extremist provinces will move like rational 1s because of the reciprocally deterrent attempt of atomic arms. Sagan. . . fears the worst because of # 8216 ; built-in bounds in organisational dependability. He contends that the parochial involvements of professional military leaders in emerging atomic provinces, who will be given to see war as # 8216 ; inevitable # 8217 ; and sceptically view any unmilitary options, will take to deterrence failures or inadvertent war. In add-on, Sagan argues these provinces will likely miss # 8216 ; positive mechanisms of civilian control # 8217 ; to keep hawkish tendencies. # 8221 ; Because atomic arms are so much more powerful than any armaments antecedently known, their debut at the terminal of World War II required a rethinking of strategic rules. State A seeks to forestall province B from assailing, by endangering to react forcefully to assail and bring downing requital on B. If B takes the menace earnestly and refrains from assailing, A # 8217 ; s disincentive policy has succeeded. Nuclear arms lend themselves peculiarly good to deterrence because they can enforce enormous harm on an enemy. Deterrence therefore became the principal # 8211 ; so, they have argued, the intent that atomic arms serve. In my sentiment, Sagan is right. We should worry about the spread of atomic arms. Both the United States and the USSR achieved an assured devastation capacity by the sixtiess. As a consequence, Waltz believed that all the states should hold atomic arms. No affair who start the war, the universe will be destroyed. Why non add more members to fall in the nine? She said that? ? spread? ? instead than? ? proliferation? ? . Someday the universe will be populated by 15 or 18 nuclear-weapon provinces. What the farther spread of atomic arms will make the universe is hence a compelling inquiry. Harmonizing to the Times Newspaper, The United States in secret deployed 1000s of atomic arms in 27 states at the tallness of the Cold War, in some instances without even the cognition of the authoritiess involved.1 This issue remained me that Waltz? ? s point: It is better to hold more states that own the atomic arms than merely few powerful states. However, Waltz? ? s point of position is non a major idea of the issue of atomic arm. Almost the full southern hemisphere is now covered by nuclear-weapon-free zones. The 1s in Latin America and the South Pacific were established during the Cold War, those in Southeast Asia and Africa after its stoping. Zones have besides been proposed, so far without success, for the Middle East, South Asia and Northeast Asia.2 In fact, the atomic power is highly diseqilibrium in the universe, and I believe it is about impossible for most of the states to hold atomic power. In a large-scale atomic war, each side would endure such ruinous devastation that neither could see the result as a triumph. To supply any opportunity for meaningful triumph, a atomic war would hence hold to be badly limited. But the chances for commanding a atomic war are at best unsure. # 8220 ; Despite a steep draw down in U.S. and Russian atomic forces in the old ages after 1991, both the United States and Russia continue to keep big armories of strategic atomic arms poised for immediate launch. Under the most optimistic projections, these armories will stay big and launch-ready for decades.3 This is the point that Sagan talked about. More atomic arms will merely merchandise more harm. It is really hard to command those destructive arms. As a practical affair the undertaking of defence against large-scale atomic onslaught is hard, possibly impossible, when each side has 1000s of arms that can be launched from different waies, at different velocities, and with steerers to confound the defence. To halt all of them is improbable, and, if merely one penetrated a defensive system, it could do ruinous harm. In United States, public ennui with the Comprehensive Test Ban Treaty, which would forbid all atomic trial detonations worldwide, is dejecting but comprehendible. After all, the cold war is over. The job is that Senate Republicans don # 8217 ; t acknowledge that fact, and they are playing with fire in the mussy new 21st-century universe. The argument over the pact, foremost proposed by President Eisenhower and signed in 1996, tells us plenty about the rejection of the whole thought of diplomatic negotiations in favour of a new, extremely partizan dullness in American foreign policy.4 The U.S. Senate # 8217 ; s recent rejection of the Comprehensive Nuclear Test Ban Treaty ( CTBT ) was a immense letdown to many Americans. The U.S. # 8217 ; s Alliess and friends responded to this ballot with cosmopolitan daze. The state of affairs in the U.S. seems worse, even the cold war is over. Several times in recent months in Russian, President Boris Yeltsin and other Russian leaders have warned about the dangers of a universe war or reminded Washington that Moscow still has a immense atomic armory. The warnings have accompanied recent differences over Chechnya, Kosovo and Iraq.5 Despite regular dissensions, U.S. and Russian functionaries want to keep their stable, if sometimes bitter dealingss. Russian and U.S. non merely vie to each other and maintain their stable but besides prevent other states to develop atomic arms. For illustration, atomic physicist Wen Ho Lee, a cardinal figure in the authorities # 8217 ; s Chinese espionage probe at Los Alamos National Laboratory, was arrested yesterday in New Mexico and charged with 59 counts of botching classified information and go againsting secrecy commissariats of the Atomic Energy Act. His apprehension came after a federal expansive jury issued a far-reaching indictment that charged Lee with downloading huge measures of extremely sensitive information related to the design, building and testing of atomic arms from a classified computer science web at Los Alamos to his unbarred office computing machine and to 10 portable tapes, seven of which are missing.6 The instance is being prosecuted because Wen Ho Lee has denied the United States its sole rule and control over some of this state # 8217 ; s most sensitive atomic secrets . In Asia the CTBT would do it harder for North Korea to progress a nuclear-weapons plan or for China to develop the engineering required to put multiple payloads atop a individual Mobile missile. The congressional commission look intoing possible Chinese espionage concluded that it would be more hard for Beijing to work secrets it may hold acquired from the U.S. if it can # 8217 ; t conduct atomic trials. By the manner, this state of affairs is what Sagan wrote about: the powerful states with atomic arms will seek to command everlastingly, and this should be obstructed. While the U.S. military provides an overpowering hindrance to any rational antagonist, we must besides worry about how to cover with possible menaces from beginnings that are non rational. And it is against these dangers that the Administration is developing and proving a limited NMD system, with a determination on deployment possible every bit early as following summer. This determination will be based on our overall security involvements and will take into history cost, menace, technological feasibleness and effects on weaponries control.7 This pointed out that atomic proliferation is bring forthing some bad consequence to the U.S and besides the universe. Like Sagan said that non merely non-proliferation is needfully but besides the powerful states should cut down their atomic arms. China wants to be a universe power on a par with the U.S. This state? ? s strategic atomic armory is 300 times every bit little as that of the U.S. The full arsenal battalions about every bit much explosive power as what the U.S. materials into one Trident pigboat. The procedure began in the early 1990s, at the really top of the armed forces, when politicians pushed the armed forces to streamline its command-and-control structure.8 More than a twelvemonth after U.N. weaponries inspectors left Iraq, the issue of whether Saddam Hussein has used the clip to reconstruct his arms plan is annoying U.S. policy shapers and stirring argument on the run trail. The Security Council is fighting to hammer a new policy that would let the inspectors to return, but its members remain divided on the countenances. It agreed to a series of short extensions of the oil-for-food plan, which lets Iraq to short-circuit countenances and sell oil to purchase nutrient and human-centered goods.9 If those powerf ul states wear? ? T cut down the atomic arms, the other states will non experience firmly. It will bring forth a barbarous circle. Obviously, the existent international competitions are non like Waltz? ? s idea. The more states have atomic power the more this universe is in unsafe. After World War II ended in 1945, considerable support once more developed for weaponries control and for options to military struggle in international dealingss. The United Nations Charter was designed to allow a supranational bureau to implement peace, avoiding many of the failings of the League of Nations compact. After the slaughter of World War I, the international clime was more receptive to the thought of weaponries control. During the old ages between the two universe wars, many formal arms-control conferences were held and many pacts were drawn up. One of the most of import understandings on weaponries control was the Nuclear Nonproliferation Treaty of 1968. Signers pledged to curtail the development, deployment, and proving of atomic arms to guarantee that arms, stuffs, or engineering would non be transferred outside the five states that had atomic arms. Sagan? ? thought evidently is the bole watercourse, which the whole universe have worked on it. Possibly the most urgent atomic job since the stoping of the cold war is that of atomic proliferation. It has become progressively hard to forestall advanced Third World states from developing atomic arms if they desire them. Attempts to patrol the usage of atomic engineerings and fuels through reviews and controls imposed by the International Atomic Energy Agency have been utile in decelerating proliferation, but in the terminal non-proliferation is likely to rest on political judgements # 8211 ; for illustration, can a state adequately protect its security without atomic arms? Will the political costs of geting them be prohibitory? 10 The hard non-proliferation challenge in the hereafter is non to guarantee that the U.S. authorities and people are opposed to the farther proliferation of atomic arms. In title, it is non hard to understand why a big atomic province, with the most powerful conventional forces in the universe, would desire to restrict badly the spread of atomic arms to other provinces in the international system. The existent challenge is to make a hereafter in which the authorities leaders, the organisations under them, and the citizens of nonnuclear provinces around the Earth believe that it is in their involvements to stay nonuclear states.11 The amazing destructive power of atomic arms clearly increase the cost of war, and a solon? ? s consciousness of this basic fact can be, in theory at least, a positive force for peace. But atomic arms are non controlled by provinces or solons ; they are controlled by organisation. These organisations, like all complex organisation, will necessarily hold prejudices and parochial involvements, will by necessity develop modus operandis and standardised processs, and will on occasion do serious operational mistakes. The armed forces? ? s prejudices in favour of preventative war, common organisational jobs in bring forthing survivable forces, and inevitable imperfectnesss in the safety of watchful atomic armories produced really serious jobs for the world powers during the cold war. These sorts of jobs are likely to reemerge, sometimes softly and sometimes with a retribution, in new atomic states. Nuclear arms do non bring forth perfect atomic organisations ; they merely make their inevit able errors more lifelessly. Because of the built-in bounds of organisational dependability, the spread of atomic arms is more to be feared than welcomed. 8f5 Ben Macintyre, ? ? US had secret atomic armory in 27 states, ? ? Times Newspaper, October 21 1999 Ramesh Chandra Thakur, Nuclear Weapons-Free Zone. St. Martin # 8217 ; s Press, Inc, 1998 Bruce G. Blair, The Nuclear Turning Point: A Blueprint for Deep Cuts and de-Alerting of Nuclear Weapons. Brookings Institution Press, 1999 Jonathan Alter, ? ? Playing Politicss With the Bomb- Rejecting the test-ban pact would be a green visible radiation for ambitious governments everyplace, ? ? Newsweek October 1999 Barry Renfrew, ? ? No New Cold War Appears Imminent, ? ? Associated Press 13 December 1999 Vernon Lobe and David A. Vise, ? ? Physicist Is Indicted In Nuclear Spy Probe-Wen Ho Lee Accused Of Mishandling Secrets, ? ? Washington Post 11 December 1999 Madeleine Albright, ? ? A Call for American Consensus, ? ? TIME magazine 22 November 1999 Vol. 154 NO. 21 Frank Gibney JR. ? ? Birth of a Superpower, ? ? TIME magazine 7 June 1999 Vol. 153 NO.22 Tom Raum, ? ? Questions Remain About Iraq Weapons, ? ? Associated Press 8 December 1999 Peter D. Feaver, Guarding the Guardians: Civilian Control of Nuclear Weapons in the United States. Cornell University Press 1992 Kenneth N. Waltz, The Spread of Nuclear Weapons- A Debate. W. W. Norton A ; Company, 1995