Case Study on Teamwork Problem

Case Study Summary Mike Garcia and Jill Hendrickson have been butting heads for months at work. Mike is a manufacturing manager at Auto Safety Products, which is a firm in the Midwest that designs and produces automobile seat belts and infant and child safety seats. Jill is a design engineer for the same firm. Top management at their work instituted concurrent engineering, a team-based system that integrates manufacturing and design processes. Concurrent engineering is intended to eliminate the problems that often occur in industry when designers are unaware of the needs of manufacturing.Through concurrent engineering, management hoped to improve attention to all elements of the product life cycle and manufacture a quality, low-cost product that will meet user needs. The company was also hoping to decrease the amount of time it takes to move from initial conceptual design to actual production. Both Mike and Jill are on the team working on toddler booster seats. This is an important p roduct for Auto Safety Products, as research has indicated that parents do not use safety seats once children reach toddler age. The reason for this is because they are difficult to use in cars and uncomfortable for the children.Thus the team at Auto Safety Products worked to make the seats easier for parents to use by making them more comfortable, more portable, and more compatible with a range of automobiles from small sports cars to sedans to minivans to SUVs. Mike is 55-years-old and has worked in manufacturing for most of his life. He has spent the past 22 years working at Auto Safety Products. Mike has always felt some animosity toward the design side of the firm. He found the engineers unwilling to listen to the problems faced in manufacturing.He often complained that the design department generates projects that run into all sorts of problems once they hit manufacturing. He approached the new concurrent engineering program at his work. Jill is 25-years-old and is a mechanica l engineer who has been with Auto Safety Products since her college graduation. Jill is assertive and strong-minded; she believes she has to be effective in the male-dominated world of engineering. She learned about the concurrent engineering concept when she was in school and she believes it can greatly improve the effectiveness of design and manufacturing.Unfortunately, it has not worked at Auto Safety Products. The manufacturing side has not really bought into the process, and management did not take the time to introduce the team management system properly and train people to work together. Jill has a hard time with Mike Garcia, who is the lead manufacturing representative on her team. Jill and Mike had to work together frequently on a booster seat design in a variety of vans. Their inability to work together has gotten so bad that their supervisor had to set up a meeting to help them deal with the problem.Adam Shapiro is the project supervisor at Auto Safety Products. He oversa w the booster seat project team that Mike and Jill worked on. Adam knows the two of them have not hit it off on the concurrent engineering team and had decided that the conflict had gotten to the point where he must step in and help them settle it. He brought them in individually and asked them about the problem and what the problem was. Jill was the first person Adam talked to. According to Jill the problem is that Mike would not listen to her ideas and downplays the contributions that design can make to concurrent engineering.On the other hand she sees design as the most important part of the concurrent engineering process. Jill suspects that Mike has problems with her because she is young and a woman, and this has made her push even harder for her point of view on project disagreements. After Jill discussed the problem with Adam, Mike was the next person to discuss the problem with Adam. Mike thinks the concurrent engineering system and the booster seat team in particular is a jo ke. He says that the design engineers are still trying to push their ideas down the manufacturing’s throat and he’s tired of it.Also Mike would like to go back to doing things the old way. However, if he is forced to continue with the concurrent engineering system, he refuses to give in to every one of Jill’s ideas. Case Analysis Questions 1a. What kind of predispositions are Mike and Jill taking into this conflict situation? Mike believes that engineers are â€Å"uppity† and unwilling to listen to the problems dealing with manufacturing. As a female engineer Jill feels as though she needs to be effective in the male-dominated world of engineering 1b.How might these predispositions influence the way the frame the conflict and the way they approach each other? These predispositions are definitely negatively influencing the way Mike and Jill approach each other. Obviously they are going to automatically approach each other negatively because of their opinio ns. 2a. If Mike and Jill were to attempt to deal with this conflict on their own, what conflict style would you recommend? If Mike and Jill were to attempt to deal with this conflict on their own I would recommend that they use the compromising conflict style.Compromising will allow you to achieve both of your goals, resulting in a â€Å"win-win† situation instead of a â€Å"win-lose† situation. 2b. Given what you know about Jill and Mike, do you think they would use an effective conflict resolution style? No, because when the problem first arose they had a hard time coming to a common ground resolution. I believe if it wasn’t for Adam they would have never resolved the problem. 3a. If you were Adam, how would you approach this conflict? If I was Adam, I would sit them both down together and have them write down the benefits that each of them bring to the company. b. What strategies should you use to help Mike and Jill deal with their ongoing problems? A strateg y that I l would use is integrative bargaining. In integrative bargaining, the conflicting parties are trying to maximize gains for both parties (Miller, 2012). The bargainers discuss issues that could lead to a more creative solution to the problem at hand. Outcomes of integrative bargaining are often solution that allow both parties to benefit, and communication tends to be marked by open disclosure, careful listening and multiple communication channels.I believe this is the perfect strategy to use because with both Mike and Jill having problems with each other and the way they do things, if Adam uses this strategy I think you would solve problems for both people. 3c. Would you consider bringing in a mediator to help them work through their issues? I think there should be a mediator in the meeting as well, just in case things would get intense and they could not come up with a fair compromise. 4a. How would a feminist approach to conflict see this situation? They would see this si tuation that Mike is wrong and Jill is right.They would see it this way because a feminist approach would say that men don’t listen to women and they don’t take them as serious as other men especially in the workforce. 4b. Is it possible to use an alternative model that would recast this situation in a more productive frame? No because I think Adam handled this situation the right way by bringing Mike and Jill in and have them discuss the problem. This way is more productive because they can express themselves without knowing what the other person said. You can cover more ground by one-on-one problem solving.Effective Student Teams: A Faux Hiring and Peer Evaluation Process Student team projects provide benefits to the education process and provide experience that is valued by some employers. But team projects can be a source of conflict. Due to free-riding, scheduling problems and differing goals, there are fertile grounds for team conflicts. Therefore, there needs to be a better method of forming teams and a process to assure shared goals by team members (Lane 2011). The author Michelle Lane discussed the Faux Hiring Team Selection Process. In this process there are six steps to form and select a team.Step one is the selection of interviewers. Step two is posting interviewee’s applications for review by classmates and interviewers. The third step is to hold a â€Å"Job Fair† where a faux interview process occurs. The fourth step is the selection of personal top choices by both interviewers and interviewees. The next step is the instructor team assignment. Finally the forming and the signing of the team contract is the last step. Results In order to evaluate the effectiveness of the faux hiring process, two classes of 40 students each were studied in the fall semester 2009.Independent T-Tests showed no statistical difference between the two classes in terms of age and GPA. In the first class the teams were assigned randomly by the instructor and in the second class the job fair approach was used. The teams were used for two projects that took place over the semester. One project involved the use of the CAPSIM simulation. The second project was a business study requiring research, an interview and a class presentation of their findings. Each project was worth 20% of their course grade. (Lane 2011) The effectiveness of the faux hiring team assignment was assessed in two ways.The first way was the total team points earned from the simulation and the business projects were compared using a t-test of mean group differences. The results were significant with the faux hiring teams scoring higher than the randomly assigned teams. The second assessment was at the end of the semester, students were asked to fill out an anonymous online survey about their team experience. There were 43 respondents to this survey. 19 were from the instructor assigned teams and the remaining 24 were from the faux hiring teams. The results show that the faux hiring teams had stronger scores on shared goals, and had fewer conflicts.This article relates to our case study because it is an example of a way to prevent teamwork problems. This article basically says to go through an interview process to find a good team that has common goals and would get along to avoid conflicts. Whereas the case study does not use a process like this and Mike and Jill have a problem and are unable to resolve it. What is Expected from Supervisors This article was about how the past 10 years that team members enter the workforce as well as management or leadership emphasis influences different images of supervisors.There were certain features of management discussion during the past decades that are used as instruments in addressing the contributing research question: What is still expected from management and leadership? Liisa Huusko found that team member who are not the same age have different images of supervisors. Thus they wait partly for different actions within team organization. Human Resource Management issues seem to be included in supervisors’ duties in every decade. For example, encouraging and career-development matters do not appear until the 1980s.Furthermore, different kinds of computer-aided control systems are not able to respond to quick changes and uncommon situations relating to everyday duties. The image of supervisors that workers take for granted must be taken into consideration during the changes and shifts between responsible actors. This article relates to our case study because it shows that age does have an effect on teamwork. Age makes a difference because the older people want to do it the way they have been used to all their life and not want to change with younger generation as well as the technology that is changing.Some older generation refuse to update their technology and it is having an effect with teamwork. Finally, this goes with the case study because this article prese nts a male-female problem, where the male refuses to listen to the female’s idea. NBA Lockout: Can Both Sides Agree on Basketball-Related Income? I obtained this article from the Los Angeles Times Newspaper. The article was written and published on October 28, 2011. It talks about the National Basketball Association (NBA) lockout and how the players union and the owners are struggling to agree on terms for salary cap and other issues.This is an example of teamwork and the problems with teamwork. For example, the NBA deputy commissioner Adam Silver and Spurs owner Peter Hold said the players union offered a decrease from 53% to 52. 5% but wouldn’t discuss anything further if owners wouldn’t offer more than 50% (Medina, 2011). With the two sides going back and forth and unable to come up with a number they could agree they have brought in a mediator to help with negotiations. But even with the mediator the two sides still have not agree on terms. Thus, the NBA sea son is in jeopardy. NBA Commissioner David Stern has already cancelled all games through November.

Resistance to change

Livingston 1 Ajax Minerals – Resistance to Change Resistance to change has been renowned as an organizational challenge; however, a comprehensive understanding of the different ways that resistance can be manifested is commonly practiced and highly beneficial to companies. A U. S. mining company, Ajax Minerals realized Just how beneficial it is to understand the components of how changes affect all branches of their company. Ajax Minerals recognized their organization was operating at full capacity and in the next couple years were going to have major competitive threats from another company.If the matters of the future challenges that Ajax Minerals were anticipating weren't addressed and handled appropriately, the organization would be expecting to experience grave danger. What it all boils down to are the issues concerning how Ajax Mineral organization would react regarding resistance of changes that would ensure competitiveness and livelihood for the company. If this subjec t matter about how employees and management adapt to change weren't predicted and then addressed, Ajax Minerals future looked bleak. Ajax Minerals introduced a couple of sources relative to ensure the lively-hood Resistance to change This prevailing viewpoint inherently makes It easy o slip Into an Interpretation of resistance as dysfunctional for organizational learning. This essay contends that this dominant perception Is largely a result of an assumption favoring the management or change agent as rational, and the consequential treatment of resistant behaviors as irrational. The aim of this article, then, is to offer a recapitulation's of resistance beyond the contextual confines of change, and explore its functional roles, particularly in stimulating organizational learning. Firstly, the conceptualizations of resistance and organizational learning will be explored.In particular, due to the aim to explore the fundamental features of resistance beyond the organizational literature and the overwhelming diversity of the conceptualization, this essay will draw on the work of Hollander and Nowhere (2004), who have conducted a comprehensive review and analysis of resistance based on a large number of published work on the topic. Then, Jots and Barber's (2003) pain metaphor and Wick's (2003) assertions on the importance of moments of interruptions will be employed to show how resistance can be seen as a resource that acts to signal that something Is going wrong and needs rectification.It will be further argued that, by triggering awareness and directing attention to a problem, resistance acts to call for evaluation of and reflection on the situation, hence stimulating organizational learning. Finally, recognizing that possible limitations to the functional effects of resistance cannot go unaddressed, the last section discusses several variables that can potentially limit the capacity of resistance In stimulating organizational learning.Therefore, the central argument of this article Is as follows: Re-conceptualizing resistance as a resource rather than as a deficit sheds light on Its national potentials. In view of its fundamental features, resistance does have the potential to stimulate organi zational learning. However, whether or not this translates to reality remains dependent on a wide range of variables surrounding the organization concerned.Conceptualizing Resistance Despite a surge in studies on resistance In the past few decades, resistance remains a theoretically eclectic concept (Numb, 2005). As Hollander and Londoner (2004) claim, the concept of resistance is still unfocused and vague. Due to the lack of a clear and systematic definition, there is little consensus on what constitutes assistance, and the language of resistance has in fact been used in research to describe vastly different phenomena on a range of different dimensions (Hollander & Nowhere, 2004) .In terms of Its dimension and scope, resistance can describe actions occurring at the Individual, collective or Institutional level (Hollander & groups to work conditions to organizational or social structures (Hollander & Nowhere, 2004). In addition, resistance can take different directions or goals, and can be aimed at achieving change or curtailing change (Mulling, 1999). Resistance can also manifest in various modes. Among the diverse array of literature on resistance, the most frequently studied mode of resistance is one which involves physical bodies or material objects in acts of resistance (Hollander & Nowhere, 2004).This can refer to formal, collective and overt actions such as protests and formation of unions Capper, 1997, as cited in Hollander & Nowhere, 2004), as well as informal, routine and covert individual actions such as feigning sickness and pilfering (Parkas & Parkas, 2000; Scott, 1985) . Apart from the physical and material mode, resistance can also take place in various other forms. For example, resistance can be accomplished through symbolic behaviors such as silence (Pickering, 2000, as cited in Hollander & Nowhere, 2004) or breaking silence (Hughes et al, 1995, as cited in Hollander & Nowhere, 2004).From their review and analysis of the conception of resistan ce based on published work on resistance in the social sciences, Hollander and Nowhere (2004) proposes a seven part typology of resistance that includes: overt resistance, covert resistance, unwitting resistance, target- defined resistance, externally defined resistance, missed resistance and attempted resistance, each offering in the levels of resistor's intention, target's recognition as resistance, and other observer's (such as a researcher or other third party) recognition as resistance.Among these, overt resistance, one which is intended to be visible and which is readily recognized as resistance by targets and other observers, is the most widely accepted and recognized form of resistance and is the core of the conceptualization of resistance (Hollander & Nowhere, 2004). On the other hand, covert resistance, which is conceptually similar to everyday resistance (Scott, 1985) and routine assistance (Parkas & Parkas, 2000) are both intentional and observable, but may not necessari ly be recognized by the target as resistance. These two forms of resistance will form the basis of the conceptualization adopted in this essay.Amid the vast conceptual differences, however, Hollander and Nowhere (2004) identify two core elements that are consistent across all conceptualizations of resistance: action and opposition. Generally accepted as a key component of resistance, action may involve conscious, active and expressive behavior and can emerge either at the verbal, cognitive or physical level (Hollander & Nowhere, 2004). In addition, as reflected by some terms commonly used to describe resistance- contradiction, tension, rejection, challenge, disruption and conflict (Albert, 1991; Hollander & Nowhere, 2004), resistance always involves some form of opposition.Bauer (1991), however, draws a distinction between resistance and opposition in his definition of resistance in the context of resistance to change in organizations. According to Bauer (1991), resistance is an exp ression of conflict of interest, values, goals, or means to ends which is unanticipated by the change agent, and which transforms into opposition only after being institutionalized through formal channels of expression. As the overwhelmingly diverse nature of the conception implies, pinning down a definitive conception of resistance in organizations is unfeasible.Therefore, for the purpose of this essay, the notion of resistance will draw on Barber's (1991) definition of resistance This conceptualization will, however, extend beyond Barber's (1991) definition to include acts of opposition such as every day, routine resistance, which may not have been institutionalized through formal channels. Further assumptions are that these acts are visible, observable, and arise from conscious oppositional intentions. In other words, the forms of resistance discussed in this essay will focus on what Hollander and Nowhere (2004) term as overt resistance and covert resistance.To sum up, resistance will be conceptualized as: Unanticipated oppositional action arising from a conflict of interest, values, goals or means of achieving a goal, expressed with conscious oppositional intention and in forms that are observable. Conceptualizing Organizational Learning In a fashion very similar to that of assistance, the concept of organizational learning is still a vastly multi-dimensional, diverse and fragmented area with little convergence despite a proliferation of research since the sass (Wang & Aimed, 2002).Organizational learning, in the simplest sense, refers to a change in organizational knowledge (Schulz, 2002). It involves acquisition of new knowledge (Miller, 1996) by means of added, transformed or reduced knowledge (Schulz, 2002). Essentially a multilevel phenomenon, organizational learning encompasses learning at the individual, group/team and organizational level Cost & Bauer, 2003; Lima, Laughingstock, & Chant, 2006; Marauded, 1995).While it is commonly acknowledged that all learning starts with individual learning, and that individual and group learning have positive effects on organizational learning (Lima et al, 2006), the notion of what really constitutes organizational learning remains excessively broad, diverse and controversial (Wang & Aimed, 2003). This essay adopts the perspective proposed by Baleen (2000) and Jots and Bauer (2003) that learning at the organizational level involves consolidation of knowledge generated from the individual and group level which leads to changes in airmailed procedures within an organization.Formal procedures refer to ‘a set of explicit constraints within which organizational activities unfold' (March, Schulz and Chou, 2000, as cited in Jots and Bauer, 2003, p. 29). As Baleen (2000) notes, organizational learning is a realignment of the organization through reinvention of organizational settings, in which ‘new missions are formulated, new plans and goals are set, structures are redesigned, processe s are reengineering and improved, strategic beliefs are modified, and the operational causal map is altered (p. 92). This conceptualization of learning can also be associated with Argils and Scion's (1996) notion of double-loop learning, the form of learning which occurs when errors are detected and corrected in ways that involve the modification of an organization's underlying norms, policies and objectives. Organizational learning can thus denote phenomena such as changes in formal written rules or employees' collective habits Cost & Bauer, 2003).Resistance and Organizational Learning Resistance in organizations usually emerges in two opposite directions, either for the purpose of existing existing structures or to resisting change initiatives (Mulling, 1999). Yet, the dominant perception of resistance that permeates management wisdom is arguably rooted in studies of the latter. In fact, most studies on resistance to change rest on the widely held and accepted assumption that peop le resist change and this is an issue management has to overcome (Dent & Goldberg, 1999). In addition, change is subordinates (Dent & Goldberg, 1999).This results in a bias that favors the change agent as rational and objective, and treats resistant practices as inappropriate (Dent Goldberg, 1999; Jots & Bauer, 2003), irrational and dysfunctional behavior that has to be overcome if effective and lasting change is to be achieved (Collisions & Cracked, 2006; Ford, Ford, & Diadem's, 2008). Many studies have set out to explore the causes of resistance to change and subsequently offer strategies to overcome resistance (Examples? ). Yet, most do not in fact offer ways to overcome resistance per SE, but instead suggest strategies for preventing or minimizing resistance (Dent & Goldberg, 1999).Rather than offering solutions, these approaches arguably further perpetuate he view that resistance is dysfunctional and should be avoided altogether. This perception carries particularly significant implications for an era in which managing change and learning is seen as the key tasks of organizational leaders (Marauded, 1995), as indirectly prescribes a negative association between resistance and learning. In today's highly turbulent and competitive business environment, the capacity to learn at the organizational level is highly valued and widely regarded as a viable survival strategy (Broadband, McGill, & Beech, 2002; Lima et al. 2006). At the earth of this, then, is the ultimate desired outcome of organizational learning- the flexibility and ability to adapt and cope in rapidly changing environments (Broadband et al. , 2002; Catcher- Greenfield & Ford, 2005). Hence, a key challenge for organizational leaders is to maximize organizational learning in order to develop an organization that has the capacity to recognize, react, enact appropriate responses, and adapt to environmental changes (Alas & Shrill, 2002; Broadband et al. , 2002). Such capacities are inevitably embedded in an organization's knowledge base (Alas & Shrill, 2002).In view of this, the perception that resistance to change is dysfunctional for organizational learning lies in the fact that in the context of change in which employees are expected to learn and adopt new skills or behavior, resistance is seen as a refusal to learn and consequently translated to signify disruption to the change process (Alas & Shrill, 2002). However, looking beyond resistance to change to studies on other kinds of resistance, one can see that resistance can in fact be viewed in a more positive light than in the context of resistance to change.In the context of everyday, routine resistance to existing oracle conditions, for example, studies have found acts of resistance to be strategies that can stimulate structural (Parkas & Parkas, 2000) or even revolutionary (Scott, 1989) change. Therefore, what is needed is an exploration of the issue beyond the confines of perspectives on resistance to change. We should look beyond the context of resistance to organizational change efforts, and explore resistance in a more general sense, based on the fundamental characteristics of various kinds of resistance that typically manifest in organizations, regardless of the goals or directions.In fact, whether aimed at resisting or instigating change, resistance in organizations can manifest in very similar ways, from more overt forms of resistance such protests or more subtle forms of resistance such as foot dragging, false compliance, pilfering, feigned ignorance, slander, intentional carelessness, feigned sickness, absenteeism, sabotage, among others (Hollander & Nowhere, 2004; Mulling, 1999; Parkas & Parkas; 2000, Scott, 1989).Exploring the fundamental phenomenon without the constrictions of a preconception or underlying assumption, which will also enable us to better explore the functionality of resistance in organizations, and how it may, in fact, stimulate organizational learning. Re- conceptualizi ng the Role of Resistance in Organizational Learning Following the preceding proposal, it is necessary to recapitulation resistance not as a dysfunctional phenomenon, but as a resource that, if recognized and utilized appropriately, can produce positive effects for the organization.In fact, some scholars have already suggested that we look beyond overcoming resistance and instead focus on discerning the source of resistance and treat it as a signal that something is going wrong in the organization (Lawrence, 1954; Sense, 1997). Jots and Bauer (2003) further extend this idea with the pain metaphor to show the diagnostic potential of resistance, and proposed a shift of attention from the causes to the effects of resistance. Drawing on a functional analogy to acute pain in the human body system, they suggest that resistance plays the same role within an organization as pain does in the human body.Just like how pain functions as a signal for the body, resistance functions as a feedback loop for management, by means of an alarm signaling that problems exist and should be looked into and acted on to prevent further damage Cost & Bauer, 2003). This is can be further illustrated by a predictable cycle of events that follows the experience of acute pain in the human system. When pain occurs, it shifts attention to the source of pain, enhances the person's body image and self- reflective thinking processes, interrupts present activity and brings it under evaluation, and stimulates a new, altered course of action (Wall, 1979).Jots and Bauer (2003) argue that even though acute pain may initially disrupt and delay ongoing activities, its functions in prompting internal attention, indicating the location and hypes of problem, and stimulating reflection render it an important resource that can be crucial for survival. Transferring the same diagnostic functions of pain to resistance, resistance can be seen as a functional resource for an organization to diagnose and rectify c urrent activities that are potentially damaging Cost & Bauer, 2003).Like a person who is unable to experience pain, an organization that is not capable of detecting resistance, or as Jots and Bauer (2003) label, ‘functional collective pain' (p 1 1), will be disadvantaged through its inability to detect threats to survival. More specifically, when resistance occurs, whether it is aimed at resisting change initiatives or resisting existing (everyday) conditions in the organization, it is an indication that changes are needed.Regardless of the context or situation that triggers resistance, it fundamentally signifies an existence of tension and conflict of interests in the current state of affairs, implying that things are far from ideal and that there are areas that could and should be investigated and rectified. Envisage two distinct approaches to such a situation: one organization disregards signs of assistance or suppresses the acts of resistance while another organization tak es time and effort to diagnose, reflect and identify necessary changes to make.The latter will arguably be better off in the long run because it has had the avenue to identify and rectify its problems, including any possible latent issues or conflicts that had initially caused resistance. In the former organization, however, problems will remain, if not have effects on the organization, regardless of whether it was perceived to be so. Hence, employing Jots and Bauer (2003)g's pain metaphor, it can be argued that in tuitions of pain/resistance, the intuitive tendency is to approach it in ways similar to those suggested in the cycle of events proposed by Wall (1979).In this sense, resistance does not only stimulate reflection, but is itself a resource for reflection. Therefore, as will be discussed later, resistance can be particularly useful in stimulating a specific kind of learning, reflective learning, in organizations. In addition to Jots and Barber's (2003) pain metaphor, an alt ernative way to highlight the potential function of resistance is to understand it within the framework of Heidegger (1962, s cited in Wick, 2003) three modes of engagement.Drawing on these three modes of engagement, Wick (2003) describes three modes of engagement in the organizational context- the ready-to-hand mode, the unready-to-hand mode and the present-at-hand mode, to explore the disconnections between organizational practices and theories, from which he emphasizes the function of the unready-to- hand mode of engagement in bridging the gap between theory and practice. The unready-to-hand mode refers to moments when an ongoing activity is interrupted and when problematic aspects that caused the interruption become salient (Wick, 003).In other words, unready-to-hand mode denotes moments of interruption in organizational processes or activities. According to Wick (2003), such moments interrupt the relevant actors of the organization, prompting them to take efforts to make sense of the interruption. Because a moment of interruption causes partial detachment from the organizational activity and makes the activity more visible, it is an opportunity to get a richer and clearer glimpse of the picture, to reflect, and to gain a better understanding of the issues concerned (Wick, 2003).It is during these moments when relevancies that have previously gone unnoticed can be discovered (Wick, 2003). Therefore, being such a rich resource, the potential illumination that interruptions of organizational activities can offer should not be overlooked. For it's many similar characteristics to moments of interruptions as illustrated by Wick (2003), resistance could be seen in the same light as the unready-to-hand mode of engagement. In many ways, resistance is parallel to a scenario of the unready-to hand mode as resistance is fundamentally a form of interruption to ongoing organizational activities or processes.Therefore, drawing on Wick's (2003) viewpoint and placing resi stance within this framework, we can, again, see resistance as a resource that makes underlying problems visible and allows the organization to reflect and discover issues or problems that would otherwise remain invisible. Both Jots and Bauer (2003) and Wick's (2003) propositions highlight the potential diagnostic function of resistance in stimulating awareness and directing attention to a possibly malfunctioning area within the organization, which inherently links to its function as a useful resource in stimulating reflection and learning.The following section, then, will focus on reflective learning, and illustrate how resistance can function as a resource that stimulates reflective learning at the organizational level. Resistance as a Resource: How resistance cans Stimulate Learning Reflective learning refers to ‘the process of internally examining and exploring an issue of concern, triggered by an experience, which creates and clarifies meaning in 1983, p. 99)'. In short, reflection is the key to learning from experience.A key human mechanism for making sense of and learning from experiences (Boyd & False, 1983) affliction has traditionally been seen as an individual phenomenon (Essence & Termed, 2007). Now, however, there is increasing recognition of the rationale of reflection for work at the organizational level (Essence & Termed, 2007). In the organizational context, reflective learning refers to a communal process of reflection of an experience or issue which requires critical examination and reconstruction of meanings (Essence & Termed, 2007).Semester and Termed (2007) argue that this is an important process for organizations because experience is both the dominating feature and resource in work and organizations. Therefore, capitalizing on experience and learning from it is intrinsically linked to the survival of organizations. Yet, reflective learning does not take place voluntarily and naturally. Because of the human tendency to reduce cogni tive dissonance, we tend to adopt strategies to avoid perceiving information that contradicts our perceptions and beliefs (Markus & Cajon, 1985, as cited in Essence & Tamer, 2007).Essence and Tamer (2007) claim that, for this reason, reflection only occurs in dynamic situations and does not generally arise during stagnant situations. In other words, reflection needs to be provoked by uncertain or ambiguous situations in which ‘customary meanings are no longer satisfactory' (Chon, 1983; Rogers, 2001; Wick et al, 2005, as cited in Essence and Tamer, 2007, p. 233). At this point, the logic of bringing in resistance, as an example of such situations is clear, as resistance arguably fits the depiction and shares many parallels with situations of uncertainty and ambiguity.To different extents, all these situations can be seen as forms of unanticipated and undesirable interruptions to ongoing organizational activities which require deeper reflection and understanding. Therefore, in v iew of the nature of resistance and situations that trigger a ‘felt need' for reflection, it can be argued that resistance can in effect function to stimulate reflective learning in organizations. Existing studies showing how resistance leads to change can serve to support the proposition that resistance stimulates organizational learning.While there is a dearth of studies within the organizational literature exploring the direct links between resistance and learning, the relationship can in fact be understood in relation to the connection between resistance and change, as he central aim of organizational learning is the capacity to change in order to cope and survive (Alas & Shrill, 2002). In view of the central aim of organizational learning, some connections with resistance become apparent because dealing with resistance is fundamentally about coping.An organization that is able deal with resistance in a functional way and utilize resistance to its benefits will arguably ha ve a greater capacity to cope and survive in unpredictable situations because ultimately, whether dealing with resistance or with other internal or external predicaments requires the name set of capabilities: the ability to recognize, react and enact appropriate responses. As an example of how resistance can instigate changes, Scott (1989) has reported that routine forms of covert resistance, displayed through actions such as foot-dragging, pilfering, feigned ignorance and sabotage could have revolutionary capacity.In addition, Parkas and Parade's (2000) study of technological change in a health maintenance organization has shown that although informal resistance was effects, resistance, in general, has been observed to produce the following effects: firm the resisters' self identities, rouse renegotiation of roles and relationships, trigger reinterpretation of the dominant managerial discourses, and challenge managerial control, albeit to different extents.The central fact is that resistance Jolted managers and supervisors out of their habitual modes of taking employees for granted' (Parkas & Parkas, 2000, p. 401). While there is no basis to establish a direct link to organizational learning, this example does show an instance where resistance has functioned to stimulate learning by performing the following functions: signaling existence of a problem, stimulating a reflection on the situation, and consequently leading to some form of change.This implicitly illustrates that resistance can play a role in stimulating organizational learning. Limitations However, even though it has hitherto been contended that resistance can function to stimulate organizational learning, one needs to avoid slipping into an idealistic interpretation of the role of resistance and recognize the various limitations that can inhibit its functions. Furthermore, it is crucial to note that while resistance can function to stimulate organizational learning, it by no means imply that resis tance will result in learning.In reality, whether or not resistance leads to positive outcomes, or whether it stimulates learning at all depends chiefly on a wide range of other internal or external factors surrounding the organization in question. Firstly, international in nature, resistance is defined by both the resisters' perceptions of their own behavior, and the targets', or even a third party observer's reactions towards that behavior (Hollander & Nowhere, 2004).Therefore, how resistance is perceived, or whether it is recognized t all, depends largely on the perspectives and interpretations of the relevant actors because the same action may well be perceived differently by different observers. As an example, in their studies of Filipino domestic helpers in Hong Kong, Groves and Change (1999) have reported how the same behavior was perceived as resistance by one researcher (an Asian woman), but perceived as childish and deferent behavior by another researcher (a White man). Th is demonstrates the complexity involved in the recognition of resistance.Even when acts of resistance are intended to be visible and re in fact observable, cultural and social factors, among others, may mean that they may not necessarily be understood as resistance by the target (Hollander & Nowhere, 2004). Cultural differences, for instance, may be a particularly relevant variable that could come into play considering the multicultural nature of many contemporary organizations. The possibility that even observable acts of resistance may not be recognized as resistance highlights a key problem: if resistance is not recognized at all, all its potential constructive functions are completely eliminated.For resistance to be functional, it must first be recognized as resistance, and experienced as an unpleasant and undesirable phenomenon. As Jots and Bauer (2003) assert in the metaphor to acute pain, ‘pain needs to be experienced as negative in order to be functional' (p. 1 1). The refore, for resistance to stimulate organizational learning, it has to be first recognized by its target as resistance. Beyond the problem of the perception and recognition of resistance, other complex set of factors can come into play, adding to the complication of the issue.Even when assistance is recognized, further factors could downplay any potential functions of (2005) contend, a wide range of factors exists as ‘disconnects' that widen the gap between ideals and realities. Ultimately, resistance is a deeply sociological phenomenon, encompassing issues such as power and control, equality and differences, social contexts and interactions (Hollander & Nowhere, 2004). This, coupled with the complex nature or organizations and organizational learning, unquestionably points to the complexities involved in conceptualizing the relations between resistance and organizational learning.Particularly, constrains to learning can stem from the existing management, organizational cultur e and organizational configurations (Stubbiness, Freed, Shania, & Doer, 2006). Examples of some specific contextual factors within an organization include: power relations, politics and decision-making authority, culture of communication and interaction and level of management control. One key factor that predisposes organizational learning is the structure and culture of an organization. As Evans, Hoodwinks, Rainbow and Union (2006) claim, the wider social structure of an organization can be essential in enabling or preventing learning.Taking horizontal and vertical organizational structures as examples, one can see that resistance is more likely to stimulate and consequently lead to organizational learning in horizontal organizational structures than in vertical organizational structures. Horizontal organizations, with their emphasis on lateral collaborations, permeable boundaries, mutual understanding and effective communication processes (Baleen, 2000; Dent & Goldberg, 1999) ove r centralized control and decision making, have a better capacity to respond effectively to ambiguity and unanticipated situations (Baleen, 2000).This is also inextricably related to the underlying mindset of an organization. As Catcher-Greenfield and Ford (2005) note, the mindset of the relevant organizational actors can have a direct impact on the level of acceptance or denial towards unanticipated, and particularly, undesirable events (Catcher-Greenfield & Ford, 2005) On one end of the continuum is an acceptance of reality, in which the relevant actors, such as supervisors or managers, are able to let go of past perceptions, experiences and comfortable attitudes, to address new realities that have surfaced.On the other end of the momentum is denial, in which the actors' mindsets are rooted in past experiences and perceptions, and do not accept that there are problems with existing ways, and that change is needed (Catcher- Greenfield & Ford, 2005). Hence, the structure and underly ing mindset of an organization can have direct implications on what ensues after resistance has surfaced. Stubbiness et all's (2006) study of a secrecy-based organization in the defense industry serves to show how organizational learning can be impeded by cultural factors within the organization.In the company, which has an internal culture that does not encourage learning and knowledge transfer beyond individual work units, Stubbiness et al (2006) found that social distance, absence of dialogue between top and middle management, the professional and organizational culture of the company that rarely considers the needs of employees, and the secrecy culture that limits information flow, have all proven to be obstacles to collective reflection and learning.Considering the assumption that learning requires collective reflection (Bout, Creases, & Dougherty, 2006), resistance will likely fail to stimulate earning within an organizational culture such as this which does not support exampl e, Campbell (2006) study of learning in a Catholic church shows how learning can be impeded in dogmatic organizations with rigid rules and authoritative power structures. In such an organization, where beliefs, principles and rules are commonly accepted as authoritative and beyond question, inputs from the lower levels of an organization is normally unwelcome.When learning occurs, it is driven by directives from above (Campbell, 2006). It was observed that in such a culture, the top dervish seeks to maintain control of the entire organization by means of protecting the integrity of organizational principles, leaving little space and flexibility for other organizational actors, such as supervisors and middle managers, to respond to the realities facing the organization at large.While the example of a Catholic Church is a somewhat extreme example, it serves to show how organizational culture and power relations can severely limit the functions of resistance. In all likelihood, resista nce may be suppressed or disregarded. In other words, in such organizations here bottom-up changes are highly improbable, resistance will most likely fail to stimulate organizational learning. Conclusion This essay has presented an overview of the conceptualization of resistance and explored the dominant perspective on resistance in relation to organizational learning in current management wisdom.It has been contended that the negative connotation often prescribed to resistance is largely contributed by the prevalent assumption that views resistance as irrational behavior within the context of resistance to change. Drawing on Jots and Barber's pain metaphor and Wick's reposition about moments of interruption, it has been argued that resistance could be recapitulation in a more positive light. Rather than being seen as an obstacle to overcome, resistance can be seen as a functional resource: as a signal that serves to warn and direct attention to a problem.While providing organizatio ns with the opportunity to attend to and rectify a problem before the problem expands or deteriorates, resistance simultaneously serves to stimulate organizational learning by instigating a felt need for reflection and change. The pain metaphor, in particular, implies that when a warning signal emerges, the intuitive reaction is to manage and rectify the problem. Applying this to the organizational context, then, suggests that resistance will naturally lead to an awareness of the need to change.Yet, the relationship between resistance and learning is not a simple and straightforward one. Ultimately, whether or not resistance can function to stimulate learning is dependent upon many variables. The first problem pertains to the issue of recognition. Due to a range of possible reasons such as perceptions and cultural barriers, an intentional act of resistance may not necessarily be recognized as such y its intended targets. If resistance is not acknowledged and recognized, its potentia l function in stimulating organizational learning is completely eliminated.Furthermore, additional factors, such as organizational structure and culture, may also act to limit the functions of resistance in stimulating organizational learning. Therefore, while resistance does have the potential to stimulate organizational learning, whether or not that translates to reality remains dependent on a wide range of factors surrounding the organization concerned. References Alas, R. , & Shrill, S. (2002). Organizational learning and resistance to change in

Irving Fisher

BIOGRAPHY 20. 1  Irving Fisher  (1867 -1947) Irving Fisher was born at Saugerties, New York, the son of a Congregational minister. As did his father, Fisher studied at Yale. Mathematics was his favorite subject. He won first prize in a math contest even as a freshman; his doctoral dissertation,Mathematical Investigations in the Theory of Value and Prices  (1892), was a landmark in the development of mathematical economics. This dissertation won immediate praise from no lesser figures than Francis Y.Edgeworth and Vilfredo Pareto, two renowned economists. Some 55 years later, Ragnar Frisch (eventual winner of the 1969 Nobel Prize in Economic Science) would say about Fisher: â€Å"He has been anywhere from a decade to two generations ahead of his time †¦. it will be hard to find any single work that has been more influential than Fisher's dissertation. † It is no wonder that Fisher was a full professor of political economy at Yale within seven years of graduation. He s tayed there during his entire career.Fisher's main contributions lie in the theory of utility and consumer choice, the theory of interest and capital, and the theory of statistics (index numbers, distributed lags). These contributions are reflected in such works as  The Nature of Capital and Income  (1906),  The Theory of Interest  (1907),  The Purchasing Power of Money  (1911) -a great pioneering venture in econometrics – and  The Making of Index Numbers  (1922). In the  Making of Index Numbers, Fisher tested many of the formulas introduced in this chapter by the criteria also discussed here.The few formulas that got superlative ratings (such as the  Edgeworth index  and Fisher's own  ideal index) include quantity (or price) weights from  both  of the time periods or geographic areas involved in the price (or quantity) comparison that is being made. However, the inclusion of two sets of weights tends to make the construction of such indexes costly , which is the major reason why these highly rated indexes are rarely used. (One exception: The Bureau of Foreign Commerce of the U. S.Department of Commerce calculates monthly quantity indexes of exports and imports using Fisher's formula. ) The works cited above established Fisher's reputation as the country's greatest scientific economist. As such, he served as president of the American Economic Association and was a founder and the first president of the Econometric Society. He also played a major role in the establishment of the Cowles Foundation (now at Yale) as a means to nurture mathematical and quantitative research in economics.

Proposal paper assignment Essay Example | Topics and Well Written Essays - 1500 words

Proposal paper assignment - Essay Example New media is especially applied through social media by teenagers to create their own social networks and interact with others through them Veltman (2006). Many researchers continue to investigate the impacts of social media on society with different studies focusing different specific segments, including youth, children, young adults, adults, and even the elderly. Even though a lot of research has been done on the impact of social media on the youth and particularly teenagers, not much has been covered about new media in general. Social media is just part of new media and there is still a significant gap in knowledge about how to minimize the negative impacts of new media on teenagers (Gross et al., 2002). According to Veltman (2006), new media is a broad term encompassing the amalgamation of traditional media with the interactive power provided by modern information and communication technology, including computers; computer enabled communication devices, and the Internet. ... This paper specifically focuses on identification of the various components making up new media, the positive impacts of new media on teenagers, the negative impacts of new media on teenagers, and approaches of minimizing negative impacts of new media on teenagers. Research Background This study examines one major dependent variable, which is the impact of new media on teenagers. This dependent variable is affected by the ‘elements’ of new media, all of which make up the independent variables. Although there are many elements associated with new media, this study will focus on five main independent variables, including the Internet, social media, access to portable communication devices, access to computers, and communication support platforms (Cyber cafes) that serve teenagers alongside other groups of people. The first independent variable in the study is the Internet. The Internet is defined by Jones (2003) as a worldwide system of computer networks in which users all over the world can access through a computer to communicate with other computers, share information, obtain information or even directly communicate with users on other computers on the network. Veltman (2006) points out that currently the Internet is an extensive, public, cooperative and self-sustaining system that billions of people around the world have access to. It also consumes a portion of the total resources committed to public communication networks globally. The second independent variable in this study is social media. Many definitions have been given to social media depending on the various approaches towards the concept. According to McKenna & Barg

Chief Ethics Officer Assignment Example | Topics and Well Written Essays - 1250 words

Chief Ethics Officer - Assignment Example Ethics try to determine what people must do and the goals that they need to pursue. The Chief Ethics Officer is the most important person in the C-level executive suite (Vallabhaneni, 2008). This report tries to highlight the roles and responsibilities of the Chief Ethics Officer. It also tries to identify the parameter’s that is necessary to avoid organs and leadership toxicity. It talks about the leadership skills required to ensure implementation and success. The company chosen for the study is Ford Motors Company. Job Description of Chief Ethics Officer Ford Motors is recognized as a renowned car manufacturing company of the world. The company is headquartered at Dearborn, Michigan. Being the new Chief Ethics Officer of Ford Motors, the following are the things that need to be done according to his responsibilities. Since internationally corporate unethical behavior pervades in an uncontrollable manner, they can however be cured if the companies appoint the Chief Ethics Of ficer in order to lessen the impacts of such unethical behaviors (Tran, 2010). It has been proposed that the system where the Ethics Officer reports to the management needs to be changed in order that these officers can perform their task effectively. The ethics officer must be hired and fired directly by the corporate board of directors instead of the company management. This kind of change in the reporting environment helps to enhance the effectiveness and independence of the ethics officer. There are numerous organizations that create and maintain the ethics position. The main responsibility of the ethics manager or officer is to improve the organizational ethical performances. They need to advise and assist the corporate management in the development and maintenance of the codes of conducts. They also have the additional responsibility of providing ethics training, monitoring along with accountability programs (Hoffman & Et. Al., 2007). The major role and responsibility of the C hief Ethics Officer is that they need to develop an ethics manual that will clearly describe the procedures and the policies on conflict of interest and codes of conduct. The policies need to be such that it restricts regarding the acceptance and giving of the gifts and travel by procurement, marketing, contracting and sales personnel. The chief responsibility of the ethics officer would be to prepare the rules that require written disclosures of the executives’ financial condition along with the outside earned income activities. He needs to ensure that there is adequate transparency in matter of disclosure of the financial statements and the position of the firm to the shareholders. The protection of the property of the organization and the key information are other important roles of the ethics officer in Ford Motors. In addition to these, the officer needs to perform certain other functions as well. He needs to promote a positive ethical climate in the organization via his leadership skills. He needs to work with the internal audit departments for the development of the audit plans and identify the areas of audit that will address the ethical violations. Parameters Necessary to Avoid Organ and Leadership Toxicity It has been noted that in the recent days,

The Role of Managers in Motivating Employees Essay

The Role of Managers in Motivating Employees - Essay Example Reward schemes are recurring themes in research literature, with Milne (2007) identifying that reward and recognition programs impact motivation and performance positively. Rewards, however, do not necessarily have to come in the form of cash payouts. One organization, Snowfly, a consulting organization in Wyoming, has utilized company technologies to create a reward scheme set-up like a Las Vegas game in which employees, when they reach high performance targets, have opportunities to win small cash bonuses or other benefits such as time off from work (Stern, 2007). Setting up such a system would require manager intervention and persuasion, as part of negotiation tactics, as a further advocate for employee reward. Other companies, such as Blue Cross and Blue Shield of Portland, Oregon, believes that these reward structures have improved overall organizational performance and reduced turnover rates in the process (Stern). Â  Even though the administration of the reward schemes would be a responsibility of human resources or information technology, a modern manager recognizes different business models available for motivating employees and works to ensure that these systems are incorporated into the modern business environment. A middle manager would likely report to senior members of staff, therefore they have the ability to create organizational change by persuading senior managers, who might be concerned about costs associated with low performance, to implement a new motivational reward system. Suggestions for the Manager

Organizational Change Model Assignment Term Paper

Organizational Change Model Assignment - Term Paper Example While reductionist and normative approaches have their uses in managing projects, it is vital for managers in charge of implementing any type of change to learn of more responsive processes such as those involved in action research to improve their efficiency as project managers (Gustavsen, 2003). Understanding action science also helps in developing interpersonal within the organization. In larger contexts, such as that of XYZ Inc.’s expansion into Shanghai, China, action research is more political as well as complex, and tends to be coordinated across several change processes. In such a context, action research also includes a variety of stakeholders who have are invested in the organization. Kurt Lewin is believed by many to be the man who came up with the first form of an action research model (Gustavsen, 2003). The action research model is mostly used to implement organizational change in multifaceted social situations where the workers and customers whose lives or circum stances will be affected ought to participate in creating and implementing the change that will affect their lives. The action research also is being increasingly used for expansion objectives in international settings. In this case, XYZ Inc. is creating a branch in a developing nation with a thriving economy. The changes involved do not just mean relocating operations to a different geographical location, but also include taking into account new customer demographics, and cultural work values of workers from a different nation. In addition, the action research model is rooted in American notions of what change entails. For instance, the action research model actually perceives change in a different way from Eastern cultures such as that of China. Implementing this model of change will thus mean that a more deep-seated foundation is laid when the Shanghai branch is being created, as the action research model will even have to have its basic doctrines revised to fit in more with its society. In order to achieve success in such settings, the action research model is created to address different cultural assumptions when necessary. This model can also be applied to promote innovation and social change, as is evidenced by successful global social change projects. Its suggestions are also meant to rectify imbalances in resource allocations and power structures across different groups. This will be vital in traditionally bureaucratic societies such as the Chinese society as it will deal with any feelings of disgruntlement among workers. In recent times, the action research model has made adaptations such as the involvement of workers in any organization’s change process. This is referred to as ‘participatory action research’ in corporate circles. This is a big contrast from traditional approaches towards change where change practices are created and then implemented by hired consultants (Gustavsen, 2003). While XYZ Inc. is not headquartered in a nation that has bureaucratic leanings, it still has to change its structure so that it changes from being too management oriented to being more of a customer-centric institution. This can be made possible through the action research model. In addition, action research, as a method of organizational change, is likely to be accepted in the Chinese society which has a systemic understanding of the world. Nations with a large majority of Buddhist adherents, such as China, tend to be

Litertature, Fiction Analysis Paper of Frank O'Connor's Guest of the Essay - 1

Litertature, Fiction Analysis Paper of Frank O'Connor's Guest of the Nation - Essay Example nsibility in â€Å"Guests of the Nation†, it is Stanley Renner’s belief that the protagonist Bonaparte is driven by an external destiny to carryout his actions. In a sense, he is not responsible for these actions because inadvertently these actions are not his own. I argue in opposition to this idea; I feel Bonaparte as well as the others a fully responsible in their decision to execute the British soldiers. To credit their actions to the sociology of the time, or a divine hidden power, is to make the killers out to be victims. Though this a very insightful irony, it does an injustice and devalues the British soldiers as characters. Renner’s argument is not without its valid points. He argues that the characters are driven by fate, and that the entire story itself is a critique of the relation between man’s own free will and cosmic intervention. He best supports this point with his interpretation of the character Bonaparte. When he and the other Irish soldiers are given orders to execute the British captives, who have been treated more like friendly guest, Renner points out that Bonaparte becomes indecisive and doubtful. To argue that Bonaparte is a character that relies on destiny to dictates his actions, Renner states, he merely drifts along as if helpless to defy the fates, ‘hoping that something would happen,’ that the Englishmen would ‘run for it’ or that ‘Noble would take over the responsibility from me,’ but doing nothing himself (25). Renner’s main argument revolves around Bonaparte’s willingness to adhere to divine dictation. It is Renn er’s view that if Bonaparte allows the forces driving his circumstances to drive him as well, and he practices no free will, then he is not responsible for his actions. Renner believes the feeling of jadedness Bonaparte endures is the result of his happy-go-lucky take on life. This is most likely in reference to the moment in the story right after Bonaparte has finished the execution, while

Response to Coments on DQ1 Hunt and DQ2 SmithW11 Essay

Response to Coments on DQ1 Hunt and DQ2 SmithW11 - Essay Example Another great attribute about learning about accounting is that that knowledge can be used to improve a person’s ability to analyze investment opportunities. By analyzing the four basic financial statements a person can perform a good assessment of whether a company is doing well or not. DQ2 I want to congratulate you on your career aspirations of pursuing an MBA to become a manager in the hospitality industry. The use of accounting is very important to effectively run a hotel operation. Accounting can help the manager determine what are the fixed and variable costs of the operation. Based on that information the manager can determine the needed occupancy rate for the hotel to exceed the breakeven point in order to make a financial profit. Having knowledge about GAAP is very important and has lot of practical uses. A few years my brother who is an accountant learned about an accounting change that drastically affected the financial results of some companies including VTSS. Due to the accounting change the value of the stock went up for $0.35 to over $4 in less than 6 months. Accounting knowledge is very useful to make investment decisions. References Luc.edu. Accounting Trivia. Retrieved June 14, 2011 from http://www.luc.edu/sba/accounting_trivia.shtml

The Electronic Structure of Atoms Assignment Example | Topics and Well Written Essays - 500 words

The Electronic Structure of Atoms - Assignment Example According to this principle, electron are filled in shells of the atom that they get most stabilized. The electron are filled in increasing order of orbitals energy. Hund’s rule states that if orbitals of equal energy are available to electrons, then the electrons prefer to fill them in unpaired form before pairing. It gives maximum positive spin number to electrons. There are six electron in carbon. Two are present in 1s orbital, 2s contain two electron and there are two unpaired electrons in 2p orbital. The energy difference between 2s and 2p orbitals is small due to which one electron from 2s is shifted to third empty 2p orbital and then carbon makes four bonds in its compounds. The Pauli Exclusion Principle states that no two electron in an atom can have all same quantum number values. If there are two electron with same principle quantum number, azimuthal quantum and magnetic quantum number then they will have opposite spin quantum numbers. They will be paired with opposite spins. 4s is orbital is filled firstly. Because n+l value for 4s is 4=1=4, while for 3d, it is 3+2=5. Here n+l rule is followed according to which, orbitals with lower value of n+l are filled firstly and they are lower in

Hancock & film Essay Example for Free

Hancock film Essay Hancock is a film starred by Will Smith as Hancock himself. This film separates itself from the rest of the films for it is an unconventional story of a super hero. The media has instilled in its audience that as a superhero, one must be a good role model. He should be, if not perfect at all, at least close to being one. And yet, this film is a story of the superhero who was a drunkard and undisciplined and selfish man. He seemed ordinary. It was hard to somehow believe that he can save lives. That was what was special about this film. It created a new image of a superhero. It showed a different angle on creating a good superhero. It showed that man is capable of becoming a hero, no matter how bad he can become at times. With these differences it had, it was rather right to question if the film was an effective superhero film. The location and the setting of the film were appropriate to its story. It had the view of an everyday and ordinary life of an ordinary man. Since Hancock was not to be considered as the typical superhero, it seemed that he was treated as an ordinary but strong character. His environment emphasized his strength and his goodness. His strength was presented when people around him tried to insult him. This was shown in scenes where he was called an asshole and then he made sure he was able to teach the person who called him with such name a lesson. Nonetheless, he was provided with the attitude of goodness. His environment was filled with criminals and law breakers. It showed that even if Hancock was drunkard, he wanted to make sure that he saved lives and put criminals in jails. The Mise-en-scene of the film was even so effective in aiding the story through out the duration of the film despite the weakness of the storyline. Hancock, as a superhero film, was expected to have low angle shots to show the authority of the protagonist or the superhero. However, there were a number of high angle shots in the film which suggests the authority of the audience. The shots of Hancock were always either close up shots or medium shots. This focuses the film to Hancock himself. It relayed the message to me that Hancock should be closely watched for the story centers around him and I, as an audience, am a part of his environment. With this, there seemed to be something different with the film. It is not just any typical superhero film. It is rather more emotionally attached in the part of the audience, given the high angle shots and the close up and medium shots of the character. This may be a good one, but also, it can be a bad one. Focusing on its bad effect, it lost its capacity to establish the authority and superiority of the lead character, who was supposed to be treated as an ordinary human yet a superhero. The shots were not moderately thorough which resulted to the was confusion in the shots whether he should be an ordinary lead character or the superhero. If the cinematography was good, it should have made it possible for the audience to identify the character’s role with its visual content, even without the dialogues of the film. The editing of the film was fairly clean. However, there were effects which were slightly disorienting or confusing. One example is when Hancock flew with the car of the pursued criminals. The car bumped on buildings but the buildings were broken instead of the car. One would ask the question, ‘How can that be possible? ’ Although it must aslo be considered that this film is a fiction and it should contain improbable scenes. As the audience, my reason for stating that the editing was fairly clean is because it was able to put to visual an ordinary setting. There were clean cuts of the frames. The transition from one scene to another was clear. On the other hand, there were only minimal special effects like the flying of Hancock, the breaking of the buildings, cars and roads. Other than that, there was nothing more to suggest in the editing that Hancock was a superhero film. Moving on to the musical scoring and sound effects, the film was able to have its audio presented well. The musical scoring was appropriate to the scenes where it was played. An example is when Hancock was flying and the song was Get out the Way by Ludacris. There were birds and other things that were blocking him in flying faster to where he was needed. Another example is the scene where Hancock was in jail and Ray and Mary were thinking about him. The background sound was dramatic and it showed the emotions of the character towards each other. The sound effects were in same manner as appropriate as the musical score. The crashing of the cars, the breaking of the buildings, the flying of Hancock, the cheering and booing of the crowd, the flashing of the camera of reporters, and many other sound effects were placed in the proper scenes. Even the small details were given the proper sound effects. Nothing was taken for granted when it came to the audio. The characters’ delivery of their lines was clear which suggests the usage of proper and reliable devices. The volume of the background sounds were also just enough for the audience to get the hold of both the emotion of the character and the setting of the scene. All in all, the sound of the film acted as its soul. And it is but fair that this made the film live justifiably well in its technical sense on music and sound. The most important contributor in this film was its Mise-en-scene. It was well provided and it was very effective in its purpose in identifying the film as a superhero yet, seemingly ordinary world of Hancock. It was a very good establishing point of the story. It was able to tell the story as clearly as possible. Although I must say that the story was not as strong as it should have been and the cinematography lacked a little organization. Still, the Mise-en-scene was able to provide the audience the factors and elements they it needed in order to be well-informed about the film. It provided the proper imagination for the audience to fully grasp what the scriptwriter and the director wanted to convey. The question whether Hancock was an effective superhero film or not, I must answer that it did not have the strongest justification for a yes. The visual of the scenes were good, however the shots and angles were not as good. There seemed to be something missing in the scenes. The sound in the film provided the audience well with aid to the visual but it was not quite enough. The film needed a tighter interconnection of the visual and the audio in the technical aspect so as to deliver the story well. And although the Mise-en-scene and the sounds of the film were independently provided well, it still lacked the spice to say that the film was indeed an effective superhero film.

Reaction Paper of World Economic Forum Essay Example for Free

Reaction Paper of World Economic Forum Essay Child labor refers to the employment of children at regular and sustained labor. This practice is considered exploitative by many international organizations and is illegal in many countries. Child labor was employed to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in working conditions during the industrial revolution, and with the emergence of the concepts of workers and childrens rights. This definition is from the Wikipedia. Why does this exist? To whom will be the blame be given? Is it the parents, who raised their children to work, or the children themselves who decided to work to overcome hunger and thirst for survival? Is it the government that has to be responsible to this or this is all because of the inevitable poverty we are now experiencing today? For me, I have to blame all because in each problem of the society we encounter, it is not always that it is only a problem of one but rather it is a problem of all. We tend to forget that the ones affected to this kind of problem are also of our kind, Filipinos. We should always remember this statement, â€Å"One for all, and all for one.† I have mentioned above that are the parents to blame for this kind of problem. I say yes, a big yes for me. Why? It is simply because the parents are the first people that the child may know and they are the one who nurtures the child. Moreover, the parents are the one responsible if ever their children have nothing to eat and wear for everyday living. The parents in the society are expected to provide all their children needs for the bore them not to be slaves in the family. The parents are expected to give the right to education for their children to earn knowledge and not send them to factories that would bring them sickness just to earn money. But now, all the expected things turned out wrong. Some parents even do not mind if their children are already at the streets asking alms, some are into drugs, and some engage to crimes such as robbery and prostitution. If I were the parent, I had rather just send them to DSWD and see them eating and playing than watching them earn a living at the young age. I do not say that putting the child to DSWD is another irresponsible act the parent had made but it will be the best alternative answer to the problem. Are the children also to blame? I can say that the children have also something to deal with this. Even if the child is only four years old and has no sense of maturity yet, the child has something to play with this. Sometimes, it is the children’s decision to work for their families. They are working not because they want to eat, but rather gave the money to their parents, hoping that this money results to something that is good for their stomachs. In some cases, the children also are the ones that decide to leave the family because they see that the family cannot give the happiness they are asking for. So, the children have no choice but to leave independently and find their own living. The worst is that the children may engage into crimes such as killing, stealing, and prostitution. This is really happening in the society today. I can share an experience of one of our maids of our family. I admit that we hired her at her minority age. She was only 15 when she entered our home. After months of working in our house, we had already given her our trust. One day, we invited her to come into our lola’s house for the fiesta. She agreed to come rather than staying at home alone, and we wanted her to come because maybe she will be stealing anything from the house without our knowledge. We cannot give all our trust to a certain person right? Anyways, we had the time to go to the beach. The tide was so low that the sea was very far from the shore. Our maid never knew that the water was shallow. The dived and end up with bleeding wounds in her face. We immediately went home to cure her wounds. When we went home to back in Tacloban, she was not feeling easy. I think that the scars in her face made her actions limited and a little bit more conservative. After 3 days after the said incident, she left our house without any permission. We immediately reported this to her parents. Time passed but still no news was heard. We have now a new maid but of legal age. Years passed, and suddenly our roads had crossed each other. I have seen her near the seawall in the city but the thing that stunned me most is that she was already carry with her a child. This story is just one example of what can happen to children in our society. Is the government part of the problem? I’ll answer this question with a yes again. The government is expected to implement laws for this and make sure that these laws are nationwide followed. The government should play as the provider of the needs that the households cannot provide. It is sometimes reasonable that the government cannot provide them all but at least they will show that they are concerned to this problem. I can see that some policemen maltreat these children. Better if we just leave them alone and just catch them if they are now doing beyond the limitations. I’m disappointed to those government officials who did not do an effective action to eradicate this problem in our society. I am not an anti-government individual but I guess this is reality. Man is a power-seeker according to Thomas Hobbes so man really has the tendency to retain his power when he is in power and the outcome is that the poor will always be poor. Lastly, the poverty we are facing is the best reason why the children are into this action. Poverty is the reason why the parents cannot send their children to school, where the children are expected to learn and to socialize with our children. Poverty is also the main reason why the parents cannot provide the quality of happiness each child is longing for. The conception of poverty because of overpopulation is quite wrong. It some points it is true that this overpopulation can affect the way of living in a family but what now for China that contribute a big fraction to the world’s population. China is a big country in both economy and population. If China can make a difference why cannot we? As a conclusion, I am really against to this kind of problem in the society and besides who are happy watching children working not for themselves but to others. I am really thankful to my parents that I was raised efficiently, providing me anything that could bring to a better outcome. Time will come that I will be a parent. I am hoping that somehow there will be changes in our society that is concerned to this problem. It is still not the end for this. The solution is just there. All are aiming that this can be totally eradicated in the future.

Challenges to Defining Cybercrime

Challenges to Defining Cybercrime 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. 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: â€Å"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 â€Å"real world† frauds such as get rich quick schemes which don’t 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 naà ¯ve 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 victim’s 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 candidate’s 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 lecturer’s 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 people’s 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 fraudster’s 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 don’t 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 don’t know which authorities they should contact to report cybercrime. Police officers have inadequate amount of resources and don’t 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. People’s attitude towards cybercrime Traditional crimes such as murder, rape and robbery can have serious effects on the victim’s 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 offender’s 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 don’t 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 don’t 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 don’t 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 hacker’s 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 nation’s 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 t Challenges to Defining Cybercrime Challenges to Defining Cybercrime 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. 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: â€Å"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 â€Å"real world† frauds such as get rich quick schemes which don’t 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 naà ¯ve 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 victim’s 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 candidate’s 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 lecturer’s 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 people’s 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 fraudster’s 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 don’t 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 don’t know which authorities they should contact to report cybercrime. Police officers have inadequate amount of resources and don’t 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. People’s attitude towards cybercrime Traditional crimes such as murder, rape and robbery can have serious effects on the victim’s 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 offender’s 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 don’t 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 don’t 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 don’t 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 hacker’s 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 nation’s 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 t