PrawfsBlawg: What is it about Common Law jurisdictions?

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Wednesday, October 24, 2012

What is it about Common Law jurisdictions?

I blogged recently on America's notoriously high incarceration rates.? An interesting, related fact, much less well known I think, is that common law jurisdictions worldwide have, on average, higher incarceration rates than civil law jurisdictions.? (Harvard Law Prof. Holger Spamann has a 2008 working paper on this that he has not published or even posted on ssrn; nonetheless it's available from a U.Texas weblink.? Publish it, Holger!) This is one insight from the growing work on "legal origins," most of which focuses on private law and economic growth topics.? This scholarship tries to isolate the effects of a nation's legal system by looking to its origin (often through colonization) in either a contintental (mostly German or French) civil law model or in English common law.?

The difference between the average common law jurisdiction's incarceration rate and that of the average civil law jurisdiction is not nearly as dramatic as the outlier status of the U.S. incarceration rate compared to all others, but it is notable and statistically signficant nonetheless.? What is likewise interesting is that common law nations also (or nonetheless?) have, on average, somewhat higher crime rates.

I can't offer an explanation for this and won't survey the various theories.? But I will venture a speculation and an observation.? The observation is that common law nations tend to value, and certainly claim to value, limited government and individual liberty more highly the civil law nations, yet they end up with criminal punishment policies--coercive state practices--that limit or deny liberties to a greater share of their citizens.? The speculation is that some part of the explanation lies well beyond a deterrence-oriented cause-and-effect framework of more punishment responding to more crime, or even of more crime perversely resulting from more punishment.? I suspect the higher crime rates have something to do with with the stronger tradition of individual liberty and concomitant suspicion of government; maybe something like less government and respect for government > lower social solidarity and social order > more interpersonal violence > (a) more punishment to address the violence and/or (b) a political ethos that supports punishment in part because of the background rate of violence.? That suspicion is informed in part by the thesis of Randolph Roth's excellent book American Homicide, and by the ?civilizing process? thesis of German sociologist Norbert Elias.? Alernately (or also), maybe it has something to do with ideas of liberty and citizenship: high valuation of liberty travels with ideas of greater personal responsibility for that liberty and harsher treatment of who abuse and forfeit it.? Or, higher liberty values travel with greater individualism, which incline polities toward weaker norms of solidarity with and reintegration for violators. Again, mere hunches.

Posted by Darryl Brown on October 24, 2012 at 01:56 PM | Permalink

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A third possibility (at least for the question of why there are higher crime rates): the increased focus on liberty inculcates a "devil-may-care, as-long-as-I-get-mine" attitude toward the law and toward others, without going so far as to suggest that the common law encourages sociopathic behavior. It's more like individuals think they should be free to do what they want, so they ignore rules about things they think are less important (e.g., speed limits, regulations on alcohol and drugs, etc.), and then the small violations either lead directly to major crimes (because people tend to get into accidents and fights when drunk, etc.) or creates a sense that the law is more a set of guidelines that doesn't really need to be followed strictly, and then it goes downhill from there.

Regardless, it would be interesting to look at mixed jurisdictions, such as Quebec, Louisiana, and Scotland, to see where they fit into the broader story. Quebec would be particularly interesting since private law is based on the civil law, but criminal law is based on the common law.

Posted by: Charles Paul Hoffman | Oct 24, 2012 2:21:17 PM

You might want to check out Nicola Lacey's fantastic book, The Prisoner's Dilemma. She makes a similar argument to yours, though you should note that Spain has the second highest rate of imprisonment in Europe. Her argument is that countries with a stronger commitment to social welfare have lower rates of imprisonment; those with a stronger commitment to market individualism have higher rates; and part of the reason is that in the welfarist countries, the expectation is that the individual will reenter society and become a productive member of the community.

Posted by: Eric J. Miller | Oct 24, 2012 2:55:45 PM

Criminology is like many fields, where causation and correlation continued to swirl about even in the face of ever increasingly methodological sophistication. Please for the love of G-d don't give any assistance to the horrid coding disaster of legal origins theory moving into comparative criminal law. Its lovely for provocation, but from LaPorta, et al. down it rarely does more than recapitulate convenient stereotypes, and always gets broken down by more particular studies. I second the Lacey recommendation. It at least works with a substantive categorical explanation rather than a senseless ahistorical/transhistorical formal one.

Posted by: EuroCrimScholar | Oct 24, 2012 3:07:42 PM

As for higher rates of crime in common law countries, I blame the Irish. (I'm joking, of course. Mostly.) But, from my quick look at the not-to-easy to read tables, and from what I have read elsewhere, the other countries w/ very high incarceration rates include Russia (a weird mixed legal system, but closer to the civil law than common law) and China. Brazil also comes out pretty high- much higher than most common law countries. I take this to support my pet theory that very large countries (*) are hard to govern, have a lot of social strife, less feeling of community, and so are bad ideas. Of course, there's not much to do about them these days.
(*)"large" here means both large in size and in population, so Canada and Australia, both of which are large in size but fairly small in population, with the population heavily concentrated, don't count. Interestingly, the other group of countries w/ very high incarceration rates are relatively poor and small states, including a lot of islands, regardless of the type of legal system they have. I'm not sure what to say about that, except I expect that there is a lot of inequality that leads to problems and is highly salient.

Posted by: Matt | Oct 24, 2012 4:03:43 PM

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Blown away by the attacks on wind-power subsidy

To hear business leaders and political candidates talk, proper industrial policy comprises only three elements: a fair tax system, a level playing field and "certainty."

So why is it that all three are about to be thrown out the window as a sop to oil, gas and nuclear interests determined to fillet the wind-power industry?

The maneuvering in Washington is over a federal subsidy known as the production tax credit, which is worth 2.2 cents per kilowatt-hour to wind-energy producers. That's about a third of the cost of wind generation on average; under current law it can be converted into a 30% investment tax credit or, for projects that were under construction by the end of last year, into a 30% cash grant. Any way you slice it, the credit is an essential subsidy for getting the wind industry, shall we say, aloft.

But the mandate is hanging by a thread. After two decades of bipartisan support, suddenly it's a political football. Industry sources say that right up until midsummer its renewal again looked to be a slam dunk. Then it slammed into the wall.

What happened? For one thing, Mitt Romney lumped in the credit with other "stimulus boondoggles" despite its lengthy pedigree and advocated letting it expire. During his first debate with President Obama, he reinforced his hostility to the measure by attacking it as part of the "$90 billion in breaks" Obama has granted solar and wind technologies.

What Romney conveniently ignores is that fossil fuel and nuclear subsidies dwarf anything provided for renewable energy. But you don't hear him and the powerful old-energy interests talking about ending most of those handouts.

"All sources are subsidized one way or another," says Ryan Wiser, a staff scientist at Lawrence Berkeley National Laboratory and coauthor of an annual survey of the wind-energy market.

In other words, eliminating the wind-production credit unfairly tilts the tax system away from renewables and in favor of fossil fuels and nuclear energy, which have been enjoying subsidies for decades.

Romney's not the only assailant. The Super PAC Americans for Prosperity has sent letters to lawmakers from all over the country, calling for "an energy policy that is based on market principles, not one that is based on extending handouts to politically connected industries, such as the wind" credit. Americans for Prosperity is funded by the conservative brothers Charles and David Koch, whose family fortune comes from oil refining.

Also on the attack is the nuclear industry in the guise of Exelon Corp., an energy company whose portfolio is 92% nuclear. Exelon, which has been campaigning against the credit for more than a year, published a consultant's report last month suggesting that the credit provides a profit for wind producers even if they sell their energy at a loss. The industry disputes that.

It's hard to overstate the importance of wind energy to California, or the state's role in the industry's growth. California's mandate that utilities and other providers get 33% of their energy from renewable resources by 2020 is the nation's most aggressive goal, and wind is essential to meeting it. The mandate helped the state rank first in the nation in new installed wind capacity in 2011, knocking Texas off its perch for the first time in six years.

California is likely to rank first again this year, but it still lags behind in total capacity with 3,917 megawatts of wind production as of the end of 2011, ranking third behind Texas (10,394) and Iowa (4,322).

There's no question that the production tax credit has been effective. Since its enactment in 1992, wind generation in the United States has grown from almost zero to about 47,000 megawatts, according to a study done by Lawrence Berkeley National Laboratory for the Energy Department. That has made the U.S. the second-biggest generator of wind energy in the world, behind China. But in terms of the national energy portfolio there's still a long way to go: Wind generation in the U.S. is equal to only 3.3% of our electricity consumption, well behind Denmark (29%), Portugal (19%) and Germany (11%).

"Wind has accounted for more than 30% of new electricity generation in this country over last five years," says Gregory Wetstone, government affairs director for Terra-Gen Power, owner of the 1,020-megawatt Alta Wind Energy Center near Tehachapi, the nation's largest wind farm. "Without a production tax credit ? we'd be suddenly saying we don't want wind anymore."

If the renewal goes through, he says, Terra-Gen would move ahead with plans to expand its Kern County wind farm by 300 to 400 megawatts. If not, the expansion probably won't happen.

It wouldn't be the first time that the industry ground to a halt without the credit. New wind development virtually stopped dead in 2000, 2002 and 2004 after congressional dithering led to short-term suspensions of the measure. And those were times when renewal wasn't really in doubt. Even if the credit is renewed before the end of this year, Wetstone and other industry figures say it's already too late to keep 2013 from being a dead year for new wind installations.

The theme of the anti-wind lobbying by fossil-fuel organizations such as the American Energy Alliance is that if wind generation is truly viable, it should be able to stand on its two feet without a tax break. They accuse wind producers of relying, after decades of help, on government-funded "training wheels."

It's hard to know what to say about this argument, other than that it should be in the dictionary as an illustration for "cynical." No industry has benefited more than oil and gas from continuing government subsidies. The wind tax credit costs about $1 billion a year.

How do coal, oil, gas and nuclear do? Very handsomely, thank you.

Fossil-fuel producers reap tax accounting breaks such as the depletion allowance, which is worth an estimated $1 billion a year, according to the Environmental and Energy Study Institute, a Washington think tank created to advise Congress on energy policy. Tax-expensing options for drillers bring them $1.9 billion a year. Relief on royalty payments due to drillers on government property: $53 billion over the lifetime of the leases. Partially as a result, the U.S. government's take from its oil and gas leases is among the lowest in the world, the Government Accountability Office found in 2007.

Then there's coal, the owners of which get to classify royalty income as capital gains, therefore paying a preferential tax rate. This break was enacted in 1951 as relief from the high taxes levied to pay for the Korean War (paying for wars from tax revenue, not by borrowing, was a quaint practice of that era). Bizarrely, it never went away and today is worth as much as $170 million a year to the coal industry.

Finally, there's nuclear, which over its fledging years received subsidies that dwarf all others, while producing a small fraction of the energy per subsidy dollar of any other fuel source. To this day, according to a study by the Union of Concerned Scientists, the nuclear power industry receives subsidies worth as much as 11.4 cents per generated kilowatt, or five times as much as the 2.2-cent wind tax credit. (The figure includes such breaks as the federal cap on the industry's liability for nuclear accidents and the government's shouldering of waste management costs.)

What gives away the game on the real goals of the lobbying against the wind credit is that for all their talk about letting "the market" dictate energy policy, Romney and the Koch types never seriously advocate ending the existing subsidies for oil, gas or nuclear. Those politically connected industries are the antithesis of market operators, and their real goal is to tilt the playing field back toward the past, not the future.

Michael Hiltzik's column appears Sundays and Wednesdays. Reach him at mhiltzik@latimes.com, read past columns at latimes.com/hiltzik, check out facebook.com/hiltzik and follow @latimeshiltzik on Twitter.

Source: http://feeds.latimes.com/~r/latimes/news/science/~3/_fs1Es8kk34/la-fi-hiltzik-20121024,0,2708719.column

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NASA sees Tropical Storm Sandy approaching Jamaica

[ Back to EurekAlert! ] Public release date: 24-Oct-2012
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Contact: Rob Gutro
robert.j.gutro@nasa.gov
443-858-1779
NASA/Goddard Space Flight Center

Animation shows Sandy becoming a hurricane

NASA satellites are closely monitoring Tropical Storm Sandy in visible and infrared light as it approaches Jamaica. Sandy is now responsible for hurricane and tropical storm warnings and watches from Jamaica to Cuba, the Bahamas and southern Florida. Sandy is expected to become a hurricane before it reaches Jamaica and Cuba.

On Oct. 23, 2012 at 1545 UTC (11:45 a.m. EDT), the Moderate Resolution Imaging Spectroradiometer (MODIS) instrument captured a visible image of Tropical Storm Sandy when its center was a couple of hundred miles south of Jamaica. Sandy's clouds filled up the eastern Caribbean Sea, and showed signs of good circulation. The MODIS image revealed that Sandy's cloud cover extends over 280 miles (440 km). Tropical storm force winds extend outward up to 140 miles (220 km) from the center.

The Atmospheric Infrared Sounder (AIRS) instrument aboard NASA's Aqua satellite captured infrared imagery of Tropical Storm Sandy later that day at 2:47 p.m. EDT. The infrared image showed the strongest thunderstorms surrounded the center of circulation. Those thunderstorms are reaching high into the troposphere where cloud top temperatures are as cold as -63 Fahrenheit (-52 Celsius).

On Oct. 24, the warnings and watches posted covered a large area. A Hurricane Warning is in effect for Jamaica, the Cuban Provinces of Camaguey, Las Tunas, Granma, Santiago De Cuba, Holguin, and Guantanamo. A Tropical Storm Warning is in effect for Haiti, the Central Bahamas, and the Northwestern Bahamas.

A Tropical Storm Watch is in effect for the Southeastern Bahamas, the Florida East Coast from Jupiter Inlet to Ocean Reef, the Florida Upper Keys from Ocean Reef to Craig Key, and Florida Bay.

At 8 a.m. EDT on Oct. 24, Tropical Storm Sandy's maximum sustained winds were on the edge of hurricane-force at 70 mph (110 kph). Hurricane strength is 74 mph. Sandy's center was located near latitude 16.6 north and longitude 76.9 west, just 95 miles (155 km) south of Kingston, Jamaica. Sandy is moving toward the north near 14 mph (22 kph) and the National Hurricane Center (NHC) noted that this general motion is expected to continue through Thursday (Oct. 25) accompanied by a gradual increase in forward speed.

According to NHC forecasters, the center of Sandy is expected to move across Jamaica by late this afternoon and evening today, Oct. 24 and move near or over eastern Cuba late tonight and Thursday morning. Oct. 25. Sandy is then expected to approach the central Bahamas on Thursday.

###


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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


[ Back to EurekAlert! ] Public release date: 24-Oct-2012
[ | E-mail | Share Share ]

Contact: Rob Gutro
robert.j.gutro@nasa.gov
443-858-1779
NASA/Goddard Space Flight Center

Animation shows Sandy becoming a hurricane

NASA satellites are closely monitoring Tropical Storm Sandy in visible and infrared light as it approaches Jamaica. Sandy is now responsible for hurricane and tropical storm warnings and watches from Jamaica to Cuba, the Bahamas and southern Florida. Sandy is expected to become a hurricane before it reaches Jamaica and Cuba.

On Oct. 23, 2012 at 1545 UTC (11:45 a.m. EDT), the Moderate Resolution Imaging Spectroradiometer (MODIS) instrument captured a visible image of Tropical Storm Sandy when its center was a couple of hundred miles south of Jamaica. Sandy's clouds filled up the eastern Caribbean Sea, and showed signs of good circulation. The MODIS image revealed that Sandy's cloud cover extends over 280 miles (440 km). Tropical storm force winds extend outward up to 140 miles (220 km) from the center.

The Atmospheric Infrared Sounder (AIRS) instrument aboard NASA's Aqua satellite captured infrared imagery of Tropical Storm Sandy later that day at 2:47 p.m. EDT. The infrared image showed the strongest thunderstorms surrounded the center of circulation. Those thunderstorms are reaching high into the troposphere where cloud top temperatures are as cold as -63 Fahrenheit (-52 Celsius).

On Oct. 24, the warnings and watches posted covered a large area. A Hurricane Warning is in effect for Jamaica, the Cuban Provinces of Camaguey, Las Tunas, Granma, Santiago De Cuba, Holguin, and Guantanamo. A Tropical Storm Warning is in effect for Haiti, the Central Bahamas, and the Northwestern Bahamas.

A Tropical Storm Watch is in effect for the Southeastern Bahamas, the Florida East Coast from Jupiter Inlet to Ocean Reef, the Florida Upper Keys from Ocean Reef to Craig Key, and Florida Bay.

At 8 a.m. EDT on Oct. 24, Tropical Storm Sandy's maximum sustained winds were on the edge of hurricane-force at 70 mph (110 kph). Hurricane strength is 74 mph. Sandy's center was located near latitude 16.6 north and longitude 76.9 west, just 95 miles (155 km) south of Kingston, Jamaica. Sandy is moving toward the north near 14 mph (22 kph) and the National Hurricane Center (NHC) noted that this general motion is expected to continue through Thursday (Oct. 25) accompanied by a gradual increase in forward speed.

According to NHC forecasters, the center of Sandy is expected to move across Jamaica by late this afternoon and evening today, Oct. 24 and move near or over eastern Cuba late tonight and Thursday morning. Oct. 25. Sandy is then expected to approach the central Bahamas on Thursday.

###


[ Back to EurekAlert! ] [ | E-mail | Share Share ]

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AAAS and EurekAlert! are not responsible for the accuracy of news releases posted to EurekAlert! by contributing institutions or for the use of any information through the EurekAlert! system.


Source: http://www.eurekalert.org/pub_releases/2012-10/nsfc-nst102412.php

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Insects and disease ? Medical Webbook

Insects are six-legged animals with a pair of antennae, a firm exterior skeleton, and, in many cases, wings. They include such animals as ants, bees, cockroaches, fleas, flies, lice, and mosquitoes, but not mites, ticks, or spiders, which belong to another animal group, the arachnids. The insects and arachnids belong to a larger animal group, the arthropods.

Disease caused by insects

There are about 1 million known species of insects; most are either harmless or positively beneficial to humans. The majority of the harmful species cause sickness by attacking crops or stored food, thus contributing to malnutrition and famine. Other insects are a more direct cause of illness or disease. Certain insects directly parasitize humans, living underneath the skin or on the body surface (see Lice; Chigoe; Myiasis). Still others will sting if provoked, causing moderate discomfort (in most cases) to a severe life-threatening reaction (see Insect stings).

The most troublesome insects are flies and various biting insects. Many types of flies settle first on human or animal excrement and then on food to lay eggs or to feed. They can transmit disease organisms from excrement to food via their feet and legs. This is probably important in the spread of intestinal infections such as typhoid fever and shigellosis. Insect bites are irritating in themselves, but the much more serious risk is of an insect spreading infectious organisms as a result of its bite.

Serious diseases spread by biting insects include malaria and filariasis (transmitted by mosquitoes), sleepin:5 sickness (tsetse flies), leishmaniasis (sand flies), epidemic typhus (lice), and plague (rat fleas). Also, various mosquitoes, sand flies, and ticks spread a group of viral illnesses calfed the arthropod-borne or arbo viruses. They include yellow fever, dengue, and some types of viral encephalitis. In each case, organisms picked up when an insect ingests blood from an infected animal or person are able to survive or multiply in the insect. Later, the organisms are either injected into a new human host via the insect?s saliva or deposited in the feces at or near the site of the bite and later rubbed in by the victim. Most of these diseases (of which?malaria is by far the most important) are confined to the tropics and subtropics. However, some cases of plague and arthropod-borne encephalitis occur each year in theUS. Leishmaniasis can be contracted by sand-fly bites in theMediterranean.

Avoidance

The avoidance of insect-borne disease is largely a matter of keeping flies off food, discouraging insect bites by the use of suitable clothing and insect repellents, and, in areas of the world where malaria is present, the use of mosquito nets and screens, pesticides, and anti malarial tablets.

Source: http://www.medicalwebbook.com/?p=200

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A look at Governors Club's signature golf hole

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Suspect arrested for reportedly selling counterfeit NFL jerseys

(WMC-TV) ? A buy operation put on by Shelby County was underway for almost a month investigating counterfeit NFL jerseys.

An arrest was finally made Monday, according to the police report.

In early September, an officer received a text message from suspect SandipKumar Patel saying he had jerseys on the Big Daddy?s Pawn Shop parking lot on Hickory Hill and Winchester.

Patel stated over a recorded line that he saw a police car on the lot and wanted to change locations.

He had the undercover officers move closer to Winchester to complete the transaction.

The officers?purchased a ReeBok style Saints Jersey Super Bowl edition, #9 Brees for $40.

Surveillance officers caught Patel?s vehicle tags. Undercover and surveillance officers drove past Mississippi lines and followed the suspect?s car until it took a turn onto a side street. Then they lost track of the vehicle.

The jersey was taken to the ALERT office where it was secured, it was later confirmed that the jersey was counterfeit.

Later in September, one of the undercover police officers received an email from Patel stating 26 Nike jerseys had been ordered.

Monday, officers watched Patel pull into a driveway at a house in Southaven. He went into the house, grabbed his merchandise and then drove to a parking lot off of Ridge Lake Drive.

Patel showed the undercover officer the 26 NFL jerseys and one pair of Nike tennis shoes totalling $2,600 in value.

Officers called the takedown system and put Patel into custody.

When Patel was being read his Miranda Rights he stated that he keeps and stores merchandise that is counterfeit in his bedroom in his family?s house.

Patel said he orders his counterfeit merchandise online and it is shipped from China.

Source: http://southmemphis.wmctv.com/news/crime/86453-suspect-arrested-reportedly-selling-counterfeit-nfl-jerseys

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Vh1 Host Carrie Keagan Thinks Robsten Romance Is a Sham

These days it seems like everyone from Donald Trump to Jon Stewart has an opinion about Robert Pattinson and Kristen Stewart's romance. But Vh1 host Carrie Keagan might be the first to admit that she thinks the couple's conveniently timed reunion is one giant publicity stunt.

Source: http://www.ivillage.com/carrie-keagan-talks-robert-pattinson-kristen-stewart-romance/1-a-495363?dst=iv%3AiVillage%3Acarrie-keagan-talks-robert-pattinson-kristen-stewart-romance-495363

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Facebook awards $250K of ?stolen money? to student cyber security researchers

Sometimes stolen money does come back to you. Facebook gave $250,000 to team of cyber security research students at the University of Alabama Birmingham today after the group helped track down hackers associated with the Koobface worm, which plagued the social network for some time.

The money Facebook invested in the researchers comes from ?recovered money? taken from criminals associated with the Koobface virus.

The group is called the Center for Information Assurance and Joint Forensics Research (CIA/JFR ? not to be confused with the CIA government agency), which studies data from a number of different organizations, as well as spam emails, to help the security industry understand more about the viruses that affect us today.

Koobface, a play on the word ?Facebook?, attacked, what else, Facebook user accounts, as well as a number of other social networks. It infected a user?s computer and hooked it up to a botnet. Koobface spread through messages that might say something like, ?LOL!? or ?I can?t believe this is you!? with a link. When you click the link, Koobface asks you to update Adobe Flash, which actually downloads the worm onto your computer.

It then continues to use your Facebook to send out spammy messages to all your friends. Koobface is said to be created by a number of hackers out of Russia, who made money off of the botnet by hijacking Google searches, and stealing login credentials. The CIA/JFR focused its research on Koobface, helping Facebook track down anyone associated with the virus.

Facebook?s chief security officer Joe Sullivan looks at it as an investment in future security industry professionals.

?As a result of numerous collaborations over the years, Facebook recognizes the center as both a partner in fighting Internet abuse and as a critical player in developing future experts who will become dedicated cybersecurity professionals,? Sullivan said in a statement. ?The center has earned this gift for their successes in fighting cybercrime and because of the need for formal cybersecurity education to better secure everyone?s data across the world.?

The Center for Information Assurance and Joint Forensics Research says it will use the money to build a new research facility, which will be located at the top of the University of Alabama at Birmingham?s University Boulevard Office Building. CIA/JFR plans to call its ?nerve center? The Facebook Suite.

Worm image via Shutterstock

Source: http://venturebeat.feedsportal.com/c/34021/f/617410/s/24c3419a/l/0Lventurebeat0N0C20A120C10A0C220Cfacebook0Ecia0Ejfr0Einvestment0C/story01.htm

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