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Beef Medallions




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Tracts for the times




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Merry Men




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Chamber of Commerce




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The Rudiments




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Memory




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Gaugamela




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Kill the Messenger




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Plumes




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Mercy




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Some like it hot




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Meanwhile in Hell




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Surprising Home Remedies




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The Erotic Adventures of Mesmo




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UB chemist awarded $2 million NIH grant for enzyme research

A University at Buffalo-led research team is studying the details of how enzymes perform their job. The focus of the project is on understanding the molecular interactions that enable enzymes to accelerate chemical reactions.




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Meet the Director: Guy Savard

This is a continuing profile series on the directors of the Department of Energy (DOE) Office of Science user facilities. These scientists lead a variety of research institutions that provide researchers with the most advanced tools of modern science including accelerators, colliders, supercomputers, light sources and neutron sources, as well as facilities for studying the nano world, the environment, and the atmosphere.




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The Medical Minute: Is 'impossible' meat too good to be true?

It sizzles on the grill. But does it fizzle in terms of nutrition? That's the question when it comes to the new burgers made of plant-based meat substitutes that are flying off grocery store shelves and restaurant tables.




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Genetics Society of America honors outstanding contributions to genetics with 2020 GSA Awards

The Genetics Society of America (GSA) is pleased to announce the 2020 recipients of its annual awards for distinguished service in the field of genetics. The awardees were nominated and selected by their colleagues and will be recognized with presentations at The Allied Genetics Conference (TAGC), held April 22-26, 2020, in the metro Washington, DC area.




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Scientists Find Record Warm Water in Antarctica, Pointing to Cause Behind Troubling Glacier Melt

A team of scientists has observed, for the first time, the presence of warm water at a vital point underneath a glacier in Antarctica--an alarming discovery that points to the cause behind the gradual melting of this ice shelf while also raising concerns about sea-level rise around the globe.




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Tiny, ancient meteorites suggest early Earth's atmosphere was rich in carbon dioxide

Tiny meteorites that fell to Earth 2.7 billion years ago suggest that the atmosphere at that time was high in carbon dioxide, which agrees with current understanding of how our planet's atmospheric gases changed over time.




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Monitoring Intermediates in CO2 Conversion to Formate by Metal Catalyst

The production of formate from CO2 is considered an attractive strategy for the long-term storage of solar renewable energy in chemical form.




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Robot sweat regulates temperature, key for extreme conditions

Just when it seemed like robots couldn't get any cooler, Cornell University researchers have created a soft robot muscle that can regulate its temperature through sweating.




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UTEP Professor Named Fellow of International Society for Optics and Photonics

Raymond C. Rumpf, Ph.D., professor of electrical and computer engineering at The University of Texas at El Paso, was promoted to Fellow of the International Society for Optics and Photonics (SPIE), an educational nonprofit established to advance light-based science, engineering and technology.




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Meet Ginny

While Ginny was introduced on other social media, I should really include it here. Hey world, meet Ginny… who weasled her way into our hearts and became a major foster fail. She’s about a year old and terribly sweet. I’ll be volunteering with the rescue organization in other ways, mostly chauffeuring and transporting stuff when […]




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Homework?

My therapist wants me to start blogging again. Which, okay. I’m a writer, and the way I used to work things out was to write about what was going on. But something happened to me a few years ago that made that outlet impossible to use properly for a few years; it basically broke my […]




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Legal Beagle: A draft submission on the Electoral (Registration of Sentenced Prisoners) Amendment Bill

There are a few days left to put in a submission on the Electoral (Registration of Sentences Prisoners) Amendment Bill.
The bill would allow prisoners serving sentence of imprisonment under three years to vote, essentially restoring the status quo ante that existed before the members bill advanced by then National MP Paul Quinn was passed by a slim majority
For anyone interested in my views, they're published below. I've been sufficiently organised this time to publish them here a few days before submissions close, so if there are any errors, please let me know. 
The Justice Committee
Electoral (Registration of…




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Hard News: Has Iran found an effective Covid-19 treatment?

For obvious reasons, there has been a lot of attention paid to work going into developing vaccines that could prevent Covid-19 infection, and drugs that could treat it. In particular, there has been some excitement about new animal trial data for remdesivir, a drug developed by Gilead Sciences. Gilead's share price rose nearly 10% on the day the trial data were announced.
It will be some time yet before the safety and efficacy of remdesvir is established, if ever (it's worth noting that it was tried, unsuccessfully, as a treatment for Ebola). And since I started work on this post…




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Your Pet Loss Poems'New Memories'

Oh what has happened, my darling little friend? I knew that it would happen, but I longed for us to never end. What shall I do without you? What shall




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Your Pet Loss Stories'Storm, My Handsome Gentleman'

We got Storm when he was 13 weeks old as a companion for our Border Collie, Shadow. We decided on a Labrador because they were the opposite of BC's. Storm




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strip for April / 30 / 2020 - Thunderdome




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strip for May / 1 / 2020 - Megatron




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My CNN editorial, how it all came to be

  So I wrote an op-ed about the recent Macmillan/ebooks kerfuffle for CNN. Here’s how that all worked…. I got...




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Ask A Librarian: Graphic Novels for Boomers?

I was wondering if you might give my little women’s (boomers) some guidance as to a beginning graphic novel for...




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2019 reading list and commentary

I started 132 books this year and finished 127. New this year: a twitter thread of everything I read in...




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Recommended Reading

1. Bernie Sanders says (repeatedly) that he wants the United States to be more like Sweden. Bring it on! No estate or inheritance taxes, no minimum wage, a much higher ratio of consumption taxes to income taxes, an income tax system that is by some reasonable standards far less progressive, school choice, high deductibles and […]




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Is It A Crime to Stop the Economy?

[I am happy to turn this space over to my former colleague and (I trust) lifelong friend Romans Pancs, who offers what he describes as a polemical essay. It has no references and no confidence intervals. It has question marks. It makes a narrow point and does not weigh pros and cons. It is an […]




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PHP 7.2.30 Release Announcement - PHP: Hypertext Preprocessor

The PHP development team announces the immediate availability of PHP 7.2.30. This is a security release.All PHP 7.2 users are encouraged to upgrade to this version.For source downloads of PHP 7.2.30 please visit our downloads page, Windows source and binaries can be found on windows.php.net/download/. The list of changes is recorded in the ChangeLog.




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'Job Creating' Sprint T-Mobile Merger Triggers Estimated 6,000 Non-Covid Layoffs

Back when T-Mobile and Sprint were trying to gain regulatory approval for their $26 billion merger, executives repeatedly promised the deal would create jobs. Not just a few jobs, but oodles of jobs. Despite the fact that US telecom history indicates such deals almost always trigger mass layoffs, the media dutifully repeated T-Mobile and Sprint executive claims that the deal would create "more than 3,500 additional full-time U.S. employees in the first year and 11,000 more people by 2024."

About that.

Before the ink on the deal was even dry, T-Mobile began shutting down its Metro prepaid business and laying off impacted employees. When asked about the conflicting promises, T-Mobile refused to respond to press inquiries. Now that shutdown has accelerated, with estimates that roughly 6,000 employees at the T-Mobile subsidiary have been laid off as the freshly-merged company closes unwanted prepaid retailers. T-Mobile says the move, which has nothing to do with COVID-19, is just them "optimizing their retail footprint." Industry insiders aren't amused:

"Peter Adderton, the founder of Boost Mobile in Australia and in the U.S. who has been a vocal advocate for the Boost brand and for dealers since the merger was first proposed, figures the latest closures affect about 6,000 people. He cited one dealer who said he has to close 95 stores, some as early as May 1.

In their arguments leading up to the merger finally getting approved, executives at both T-Mobile and Sprint argued that it would not lead to the kind of job losses that many opponents were predicting. They pledged to create jobs, not cut them.

“The whole thing is exactly how we called it, and no one is calling them out. It’s so disingenuous,” Adderton told Fierce, adding that it’s not because of COVID-19. Many retailers in other industries are closing stores during the crisis but plan to reopen once it’s safe to do so."

None of this should be a surprise to anybody. Everybody from unions to Wall Street stock jocks had predicted the deal would trigger anywhere between 15,000 and 30,000 layoffs over time as redundant support, retail, and middle management positions were eliminated. It's what always happens in major US telecom mergers. There is 40 years of very clear, hard data speaking to this point. Yet in a blog post last year (likely to be deleted by this time next year), T-Mobile CEO John Legere not only insisted layoffs would never happen, he effectively accused unions, experts, consumer groups, and a long line of economists of lying:

"This merger is all about creating new, high-quality, high-paying jobs, and the New T-Mobile will be jobs-positive from Day One and every day thereafter. That’s not just a promise. That’s not just a commitment. It’s a fact....These combined efforts will create nearly 5,600 new American customer care jobs by 2021. And New T-Mobile will employ 7,500+ more care professionals by 2024 than the standalone companies would have."

That was never going to happen. Less competition and revolving door, captured regulators and a broken court system means there's less than zero incentive for T-Mobile to do much of anything the company promised while it was wooing regulators. And of course such employment growth is even less likely to happen under a pandemic, which will provide "wonderful" cover for cuts that were going to happen anyway.

Having watched more telecom megadeals like this than I can count, what usually happens is the companies leave things generally alone for about a year to keep employees calm and make it seem like deal critics were being hyperbolic. Then, once the press and public is no longer paying attention (which never takes long), the hatchets come out and the downsizing begins. When the layoffs and reduced competition inevitably arrives, they're either ignored or blamed on something else. In this case, inevitably, COVID-19.

In a few years, the regulators who approved the deal will have moved on to think tank, legal or lobbying positions at the same companies they "regulated." The same press that over-hyped pre-merger promises won't follow back up, because there's no money in that kind of hindsight policy reporting or consumer advocacy. And executives like John Legere (who just quit T-Mobile after selling his $17.5 million NYC penthouse to Giorgio Armani) are dutifully rewarded, with the real world market and human cost of mindless merger mania quickly and intentionally forgotten.




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Daily Deal: The 2020 Ultimate Work From Home Starter Kit

The 2020 Ultimate Work From Home Starter Kit has 16 courses designed to help you do your best while you work from home. There are courses on how to start your own business, how to become a freelancer or copywriter, and how to do affiliate marketing. Other courses focus on how to increase your productivity, how to lead virtual meetings, how to work with virtual teams, and more. It's on sale for $40.

Note: The Techdirt Deals Store is powered and curated by StackCommerce. A portion of all sales from Techdirt Deals helps support Techdirt. The products featured do not reflect endorsements by our editorial team.




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Appeals Court Says Prosecutors Who Issued Fake Subpoenas To Crime Victims Aren't Shielded By Absolute Immunity

For years, the Orleans Parish District Attorney's Office in Louisiana issued fake subpoenas to witnesses and crime victims. Unlike subpoenas used in ongoing prosecutions, these were used during the investigation process to compel targets to talk to law enforcement. They weren't signed by judges or issued by court clerks but they did state in bold letters across the top that "A FINE AND IMPRISONMENT MAY BE OPPOSED FOR FAILURE TO OBEY THIS NOTICE."

Recipients of these bogus subpoenas sued the DA's office. In early 2019, a federal court refused to grant absolute immunity to the DA's office for its use of fake subpoenas to compel cooperation from witnesses. The court pointed out that issuing its own subpoenas containing threats of imprisonment bypassed an entire branch of the government to give the DA's office power it was never supposed to have.

Allegations that the Individual Defendants purported to subpoena witnesses without court approval, therefore, describe more than a mere procedural error or expansion of authority. Rather, they describe the usurpation of the power of another branch of government.

The court stated that extending immunity would be a judicial blessing of this practice, rather than a deterrent against continued abuse by the DA's office.

The DA's office appealed. The Fifth Circuit Appeals Court took the case, but it seemed very unimpressed by the office's assertions. Here's how it responded during oral arguments earlier this year:

“Threat of incarceration with no valid premise?” Judge Jennifer Elrod said at one point during arguments. She later drew laughter from some in the audience when she said, “This argument is fascinating.”

“These are pretty serious assertions of authority they did not have,” said Judge Leslie Southwick, who heard arguments with Elrod and Judge Catharina Haynes.

The Appeals Court has released its ruling [PDF] and it will allow the lawsuit to proceed. The DA's office has now been denied immunity twice. Absolute immunity shields almost every action taken by prosecutors during court proceedings. But these fake subpoenas were sent to witnesses whom prosecutors seemingly had no interest in ever having testify in court. This key difference means prosecutors will have to face the state law claims brought by the plaintiffs.

Based upon the pleadings before us at this time, it could be concluded that Defendants’ creation and use of the fake subpoenas was not “intimately associated with the judicial phase of the criminal process,” but rather fell into the category of “those investigatory functions that do not relate to an advocate’s preparation for the initiation of a prosecution or for judicial proceedings.” See Hoog-Watson v. Guadalupe Cty., 591 F.3d 431, 438 (5th Cir. 2009)

[...]

Defendants were not attempting to control witness testimony during a break in judicial proceedings. Instead, they allegedly used fake subpoenas in an attempt to pressure crime victims and witnesses to meet with them privately at the Office and share information outside of court. Defendants never used the fake subpoenas to compel victims or witnesses to testify at trial. Such allegations are of investigative behavior that was not “intimately associated with the judicial phase of the criminal process.”

Falling further outside the judicial process was the DA's office itself, which apparently felt the judicial system didn't need to be included in its subpoena efforts.

In using the fake subpoenas, Individual Defendants also allegedly intentionally avoided the judicial process that Louisiana law requires for obtaining subpoenas.

The case returns to the lower court where the DA's office will continue to face the state law claims it hoped it would be immune from. The Appeals Court doesn't say the office won't ultimately find some way to re-erect its absolute immunity shield, but at this point, it sees nothing on the record that says prosecutors should be excused from being held responsible for bypassing the judicial system to threaten crime victims and witnesses with jail time.




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Suspected DNC & German Parliament Hacker Used His Name As His Email Password

You may have seen the news reports this week that German prosecutors have issued an arrest warrant for Dmitry Badin for a massive hack of the German Parliament that made headlines in 2016. The reports about the German arrest warrant all mention that German authorities "believe" that Badin is connected to the Russian GRU and its APT28 hacking group.

The folks over at Bellingcat have done their open source intelligence investigation thing, and provided a ton of evidence to show that Badin almost certainly is part of GRU... including the fact that he registered his 2018 car purchase to the public address of a GRU building. This is not the first time this has happened. A few years back, Bellingcat also connected a bunch of people to the GRU -- including some accused of hacking by the Dutch government -- based on leaked car registration info.

There's much, much more in the Bellingcat report, but the final paragraph really stands out. Bellingcat also found Badin -- again, a hacker who is suspected in multiple massive and consequential hacks, including of email accounts -- didn't seem to be all that careful with his own security:

The most surreal absence of “practice-what-you-breach” among GRU hackers might be visible in their lackadaisical attitude to their own cyber protection. In 2018, a large collection of hacked Russian mail accounts, including user name and passwords, was dumped online. Dmitry Badin’s email — which we figured out from his Skype account, which we in turn obtained from his phone number, which we of course got from his car registration — had been hacked. He had apparently been using the password Badin1990. After this, his email credentials were leaked again as part of a larger hack, where we see that he had changed his password from Badin1990 to the much more secure Badin990.

Yes, the password for at least one of his email accounts... was apparently his own last name and the year he was born. The cobbler's kids go shoeless again.




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What A Coincidence! Same Day Senator Burr Dumped His Stock, So Did His Brother-in-Law!

Senator Richard Burr's potential insider trading issues, for which he's being investigated, may have gotten quite a bit worse this week. A new report notes that on the same day Burr sold off a "significant percentage" of his stock holdings (while also telling the public not to worry about COVID-19), it turns out his brother-in-law just coincidentally decided to dump a bunch of stock too. Amazing!

Sen. Richard Burr was not the only member of his family to sell off a significant portion of his stock holdings in February, ahead of the market crash spurred by coronavirus fears. On the same day Burr sold, his brother-in-law also dumped tens of thousands of dollars worth of shares. The market fell by more than 30% in the subsequent month.

Burr’s brother-in-law, Gerald Fauth, who has a post on the National Mediation Board, sold between $97,000 and $280,000 worth of shares in six companies — including several that have been hit particularly hard in the market swoon and economic downturn.

Could this actually be a coincidence? Sure. Maybe. But the timing (the very same day...) does seem notable. As the ProPublica report notes, Fauth "is not a frequent stock trader." Burr insists that his sales were based on public information, though it's difficult to see how he could simply ignore the classified briefings he got concerning the rising pandemic issues, and base decisions entirely on public information. Indeed, this is why government officials should be required to hand off any equities like this to a blind trust where they have no visibility into how it's traded.

Even if this is all legal (which is not certain either way yet...), it again reinforces the belief that the powerful live by different rules and are able to game the system for personal advantage, even as they're supposed to be serving the public interest.




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Court Of Appeals Affirms Lower Court Tossing BS 'Comedians In Cars' Copyright Lawsuit

Six months ago, which feels like roughly an eternity at this point, we discussed how Jerry Seinfeld and others won an absolutely ludicrous copyright suit filed against them by Christian Charles, a writer and director Seinfeld hired to help him create the pilot episode of Comedians In Cars Getting Coffee. What was so strange about the case is that this pilot had been created in 2012, whereas the lawsuit was only filed in 2018. That coincides with Seinfeld inking a lucrative deal with Netflix to stream his show.

It's not the most well known aspect of copyright law, but there is, in fact, a statute of limitations for copyright claims and it's 3 years. The requirement in the statute is that the clock essentially starts running once someone who would bring a copyright claim has had their ownership of a work disputed publicly, or has been put on notice. Seinfeld argued that he told Charles he was employing him in a work-for-hire arrangement, which would satisfy that notice. His lawyers also pointed out that Charles goes completely uncredited in the pilot episode, which would further put him on notice. The court tossed the case based on the statute of limitations.

For some reason, Charles appealed the ruling. Well, now the Court of Appeals has affirmed that lower ruling, which hopefully means we can all get back to not filing insane lawsuits, please.

We conclude that the district court was correct in granting defendants’ motion to dismiss, for substantially the same reasons that it set out in its well-reasoned opinion. The dispositive issue in this case is whether Charles’s alleged “contributions . . . qualify [him] as the author and therefore owner” of the copyrights to the show. Kwan, 634 F.3d at 229. Charles disputes that his claim centers on ownership. But that argument is seriously undermined by his statements in various filings throughout this litigation which consistently assert that ownership is a central question.

Charles’s infringement claim is therefore time-barred because his ownership claim is time-barred. The district court identified two events described in the Second Amended Complaint that would have put a reasonably diligent plaintiff on notice that his ownership claims were disputed. First, in February 2012, Seinfeld rejected Charles’s request for backend compensation and made it clear that Charles’s involvement would be limited to a work-for-hire basis. See Gary Friedrich Enters., LLC v. Marvel Characters, Inc., 716 F.3d 302, 318 (2d Cir. 2013) (noting that a copyright ownership claim would accrue when the defendant first communicates to the plaintiff that the defendant considers the work to be a work-for-hire). Second, the show premiered in July 2012 without crediting Charles, at which point his ownership claim was publicly repudiated. See Kwan, 634 F.3d at 227. Either one of these developments was enough to place Charles on notice that his ownership claim was disputed and therefore this action, filed six years later, was brought too late.

And that should bring this all to a close, hopefully. This seems like a pretty clear attempt at a money grab by Charles once Seinfeld's show became a Netflix cash-cow. Unfortunately, time is a measurable thing and his lawsuit was very clearly late.




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The first thing that came to our heads

“Monster Mash,” “Crocodile Rock,” and “Jailhouse Rock” are all real songs about other, fictional songs that share the same titles...




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One man deserves the blame

Pretty sure we’ve all heard Tom Lehrer’s “Lobachevsky,” right? A song about plagiarism where all the bits of melody are...




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Hot times in the British Parliament

I should be explaining what's been going on in the British Parliament, with links and explanations. Unfortunately I can't, because...




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“‘The days of your life’ refers to in-game time…”

Blacow* speaks of four players: the Wargamer, the Power-Gamer, the Role-Player, and the Story-Teller. The Wargamer, what does he say?...




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From Playing Games to Committing Crimes: A Multi-Technique Approach to Predicting Key Actors on an Online Gaming Forum

I recently travelled to Pittsburgh, USA, to present the paper “From Playing Games to Committing Crimes: A Multi-Technique Approach to Predicting Key Actors on an Online Gaming Forum” at eCrime 2019, co-authored with Ben Collier and Alice Hutchings. The accepted version of the paper can be accessed here. The structure and content of various underground … Continue reading From Playing Games to Committing Crimes: A Multi-Technique Approach to Predicting Key Actors on an Online Gaming Forum




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Identifying Unintended Harms of Cybersecurity Countermeasures

In this paper (winner of the eCrime 2019 Best Paper award), we consider the types of things that can go wrong when you intend to make things better and more secure. Consider this scenario. You are browsing through Internet and see a news headline on one of the presidential candidates. You are unsure if the … Continue reading Identifying Unintended Harms of Cybersecurity Countermeasures




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Three Paper Thursday: The role of intermediaries, platforms, and infrastructures in governing crime and abuse

The platforms, providers, and infrastructures which together make up the contemporary Internet play an increasingly central role in the business of governing human societies. Although the software engineers, administrators, business professionals, and other staff working at these organisations may not have the institutional powers of state organisations such as law enforcement or the civil service, … Continue reading Three Paper Thursday: The role of intermediaries, platforms, and infrastructures in governing crime and abuse



  • Three Paper Thursday