10 October 2015

Reporting

'Hear no evil, see no evil: Understanding failure to identify and report child sexual abuse in institutional contexts', a report [PDF] by Eileen Munro and Dr Sheila Fish for the Royal Commission into Institutional Responses to Child Sexual Abuse, comments
The failure to protect children from sexual abuse not only arouses shock and anger but also puzzlement: how could people who are employed to care for children fail to protect them when, with hindsight, the evidence of harm or danger seems all too obvious.
In the aviation and healthcare sectors, attributing failure simply to individual error is no longer seen as sufficient for encouraging safe practices in the future. Instead, attention has turned to seeking a deeper understanding of why errors occur. Failures are seen as consequences, not just causes. Solutions to failures are built on gaining a greater understanding of the factors that contributed to human error. Those factors lie in the nature of the activity being managed, the type of reasoning errors that people are prone to and the wider system in which workers operate.
Applying this approach to the two case studies available from the Royal Commission into Institutional Responses to Child Sexual Abuse when we began this study, it is possible to offer some speculative findings on individual and organisational factors that contributed to the failure to protect children in a timely and effective way.
The nature of the problem
The challenges posed by the problem of child sexual abuse are (1) that perpetrators seek to conceal their activities; (2) children and young people who are abused can be unable or slow to ask for help; and (3) many of the behavioural indicators of abuse and ‘grooming’ are ambiguous, requiring judgement or interpretation to decide if they are cause for concern. ‘Grooming’ involves actions by the perpetrator to increase their chances of abusing a child undetected.
Errors of human reasoning
Workers’ judgements are vulnerable to cognitive biases. The current understanding of human reasoning is such that when we seek to understand the actions or inaction of those involved in the organisations where an abuser was operating, we should not imagine these people as cold, logical processors of data. A more apt image is of living, feeling human beings whose understanding and actions arise from the 6 interplay of their reasoning capacities, both logical and intuitive, and their emotions as they respond to the world around them.
Research has found that it is hard to eradicate biases, and especially hard for a person to eradicate their own biases. The strategies that have had some success involve a person trying to consider alternative perspectives or explanations, and this is best achieved with the help of others. Organisations have a major part to play in creating the conditions in which errors of reasoning can be quickly picked up and corrected. They can do this by providing mechanisms for staff members to talk through their judgements and encouraging a culture of critical reflection.
Organisational factors
The case studies examined in this report explore many of the organisational factors that influence how well children are protected: the recruitment process, training in recognising and responding to indications of abuse, and formal policies about what people should do both to prevent and react to abuse. Our study highlighted less tangible but equally influential aspects of organisations that were also evident in the case studies, including:
Local rationality: People do what they think is right or sensible at a given time, and inquiries such as this need to find out what local rationalities may have influenced their actions.
Organisational culture: This is partly created by the explicit strategies and messages of senior managers but is also strongly influenced by covert messages that are transmitted throughout organisations, influencing individual behaviour. These can significantly affect the rigour with which policies and procedures are implemented.
Balancing risks: Policies and actions that protect children can also create dangers. Workers who are fearful of being wrongly suspected of abuse may keep their distance from children and not provide the nurturing, healthy relationships that children need to have with adults. Organisations have to reach some conclusion as to what level of concern should be reported. Making it compulsory to report even a low level of concern will identify more cases of abuse but at the cost of including numerous non ‐ abusive cases. Efforts therefore need to be made to create a culture that understands the ambiguity of the behaviour so that innocent people’s reputations are not tainted by false reports.
Drift into failure: Organisations face the problem of maintaining vigilance and avoiding a drift into failure. For any one worker, the chances of working with an abuser are low and so they may not be as vigilant as they would be if they had recurrent experiences of detecting abuse. Indeed, if they are asked to report low ‐ level concerns, they may experience so many false alarms that they become cynical about them. There is no quick fix to this problem. It requires that managers continually monitor and endorse protection policies to stress the importance of vigilance.
Organisations that achieve a very good safety level – known as High Reliability Organisations (Weick, 1987) – provide useful examples of what organisations can do to make themselves safer places for children. They share a fundamental belief that mistakes will happen and their goal is to spot them quickly. They encourage an open culture where people can discuss difficult judgements and report mistakes so that the organisation can learn. Organisations seeking to be safe places for children must encourage frequent, open and supportive supervision of staff to help counteract the difficulties people face in making sense of ambiguous information about colleagues. A shared acknowledgement of how difficult it can be to detect and respond effectively to abuse contributes to a culture that keeps the issue high on the agenda.
The authors state -
When people hear about cases of institutional child sexual abuse that were not exposed at the time they occurred, it’s difficult for them to fathom how others within the institution could have missed the signs or turned a blind eye to indications that a child was suffering harm. In his report on Case Study Two of the Royal Commission Professor Stephen Smallbone comments: ‘It seems surprising that Ms Barnat remained unaware of the long list of ambiguous and clearly concerning incidents’ (Smallbone, 2014b para.85). Following these types of cases, efforts to improve practice tend to assume that the major problem lies in human error. Typically, solutions then take the form of providing additional training, emphasising the importance of being vigilant and creating more detailed policies on what people should or should not do. These are, of course, part of the solution but the case studies prepared by the Royal Commission show that these policies have not, to date, been sufficient to protect children. One option may be to do more of the same – increase the training, procedures and monitoring. However, this report argues that we should learn from the impressive progress made in other sectors where safety is a key concern. Industries such as nuclear power and aviation may seem remote from child protection but they have in common that they involve human beings and they seek to prevent adverse outcomes that are of low probability but can have a high impact when they do happen, such as plane crashes and child abuse. Progress in those fields has been achieved by looking beyond human error to study how their organisational factors help or hinder them in producing high ‐ quality work.
Going beyond human error means analysing the skills needed for the tasks we want workers to do, considering the strengths and limitations of human beings in demonstrating those skills, and examining how organisational factors influence the level of skill achieved. Sometimes error is due to deliberate malpractice, but more often a series of weaknesses in the system produces the failure.
Our methodology involved analysing the two published case studies available when our work began – Case Study One and Case Study Two – and drawing on research into human errors of reasoning and on how organisational factors can contribute to human error. We are not duplicating the work of the hearings of the Royal Commission but using their findings to inform our analysis of the data from another theoretical approach to see whether drawing on lessons from other sectors can further illuminate systemic factors that contribute to failure in the care of children.
Nothing in this report should be read as disagreement with any of the findings of the Royal Commission but as offering additional understanding of why people acted as they did. The aim is not to exonerate workers from responsibility for their actions, or lack of action, but to seek a deeper understanding of how inaction or ineffective action occurs, with a view to formulating strategies to improve practices in sectors contributing to the care of children.
This report starts by detailing the methods we used, then discusses the challenges of suspecting, identifying and responding to grooming and abusive behaviour. Next, we summarise how and why other sectors instigated change in analysing human errors, and give a brief introduction to a system’s approach to understanding behaviour. This provides the theoretical framing of the subsequent sections. We begin by presenting a selective review of research into the strengths and limitations of human reasoning, relevant to detecting and preventing child sexual abuse in institutions and with illustrations of weaknesses that can be detected in the case studies. This leads to consideration of selective research into how organisations can create an environment suitable for preventing and detecting child sexual abuse, allowing for known human cognitive tendencies. Again, illustrations are provided from the case studies.
The concluding chapter summarises the key messages.
In that chapter they state
... We all share the ambition of creating ‘safe organisations’, where children are protected from harm while being able to enjoy the service provided. The case studies are examples of failure but the analyses of how the abuse was not prevented or identified reveals the challenges inherent in these tasks.
This study has identified a number of challenges to creating and maintaining a safe organisation in which staff members are quick to suspect grooming or abusive behaviour and can trigger a process that investigates the concerns and takes appropriate action so that children are protected from harm.
The first difficulty lies in the nature of the problem itself – especially with regard to the ambiguity of much abusive and grooming behaviour – where behaviours that should trigger concern cannot simply be listed. Policies can certainly help to explain the type of behaviour to look out for but the use of words like ‘appropriate’ and ‘inappropriate’ indicate the need to make judgements about the meaning of what is being observed.
Such judgements are fallible. The section of this report on errors of reasoning detailed how people’s reasoning processes can lead to errors so that they fail to interpret what they see as suspicious behaviour. Research shows that it is hard to police one’s own intuitive reasoning and most strategies to reduce bias involve other people helping you to critically review your explanation and consider alternative explanations.
The need for help in reaching more accurate judgements and detecting abusive or grooming behaviour more quickly brings in the central role that organisational systems play in creating a safe place for children. Opportunities to reflect on one’s reasoning are valuable if conducted in a supportive, non ‐ blaming atmosphere. For this reason, all staff, including the senior people to whom others report their concerns, would benefit from supervision to ward against common errors of human reasoning. ...
Our analysis of how organisational factors have influenced individuals’ behaviour showed that these should, in part, be explained by features of the work environment, some aspects of which may help to produce the right behaviour and other aspects of which may encourage the wrong behaviour. While individuals must hold some responsibility for their actions, the case studies show how many organisational factors contributed to what, in hindsight, was poor practice in protecting children. Good training and policies are necessary elements but their contribution to safety requires that they be implemented accurately. They need to be seen as important in the organisational culture, with senior managers demonstrating this by monitoring whetherthat people understand and use them. Failure to do this is evident in Case Study Two.
Organisations also influence the level of concern that will cause a worker to report suspicions. In this, they are not faced with a simple choice between ‘safe’ and ‘dangerous’, but a requirement to balance risks. Efforts to ensure the safety of children can have negative as well as positive effects. For example, a threshold that is low for reporting concerns may lead to many false alarms, potentially harming the reputations of innocent people and deterring people from working with children. A high threshold for reporting will mean that workers miss or will be slow to detect some instances of abuse.
The wider society also influences organisational and individual behaviour. The Royal Commission will itself have a strong influence on future behaviour, demonstrating how society considers child sexual abuse as a very serious matter. The Royal Commission’s existence will alter the equation in terms of calculating reputational risk. In Case Study One, the desire to protect the organisation’s reputation was deemed to lead to a failure to act effectively in stopping abuse. The reputational risk in being found to have concealed instances of abuse is now much higher and should make cover ‐ ups less appealing.
The current social concern about institutional sexual abuse is beneficial in many respects but it does carry the danger of creating an atmosphere of public vilification for past mistakes that leads to defensive practices in organisations. For instance, organisations may retreat to the safety of fixed rules governing behaviour, such as banning all physical contact between an adult and a child, thereby removing any need for individual judgement. This protects adults from false accusations of grooming or abuse but at the cost of depriving children of appropriate and nurturing human contact. Even if the policies themselves avoid naïve rules, workers may interpret principles as rules because they are scared of getting into trouble if their judgements turn out to be wrong. To counter this, a ‘fair’ culture is needed where workers are confident that they will receive a just hearing and only be punished if they acted carelessly or with malice.
Organisations that achieve a very good safety level – known as High Reliability Organisations (Weick, 1987) – provide useful examples of what organisations can do to make themselves safer places for children. They share a fundamental belief that mistakes will happen and their goal is to spot them quickly. They encourage an open culture where people can discuss difficult judgements and report mistakes so that the organisation can learn from them.
Safety can also be improved by organisations recognising the central importance of the frequent, open and supportive supervision of staff members, to help them maintain vigilance and to counteract the difficulties people face in making sense of ambiguous information about colleagues. A shared acknowledgement of how difficult it can be to detect and respond effectively to abuse contributes to a culture that keeps the issue high on the agenda.
The Royal Commission case studies analysed in this report identify the failure of people to see or act effectively upon suspicions of grooming and abuse in institutional  settings and, with hindsight, these failures seem incredible. In this study, we set out to find out whether applying a different lens could help to better explain such failures. We have illustrated how applying current understanding of human reasoning and a systems approach to error investigation can help make people’s decisions and actions more understandable. There are common ways in which people fail to accurately interpret the world around them and common organisational factors that contribute to the failure of people to see or act upon suspicions of grooming and abuse. These provide additional insights into failures to protect children from sexual abuse in institutions. Providing better explanations of why people acted as they did in error, holds promise for providing the kind of support that will help people to better protect children in the future. Crucially, a safe organisation requires the combination of several factors that will jointly contribute to facilitating and encouraging the protective behaviour that is needed.

Domains

'Valuable Words: The Price Dynamics of Internet Domain Names' by Thies Lindenthal in (2014) 65(5) Journal of the Association for Information Science and Technology 869–881 estimates
the first constant quality price index for Internet domain names. The suggested index provides a benchmark for domain name traders and investors looking for information on price trends, historical returns and the fundamental risk of Internet domain names. The index increases transparency in the market for this newly emerged asset class. A cointegration analysis shows that domain registrations and resale prices form a long-run equilibrium and indicates supply constraints in domain space.
The study explores a large dataset of domain sales spanning the years 2006-2013. Differences in the quality of individual domain names are controlled for in a hedonic repeat sales regressions. 
Lindenthal comments -
Internet domain names bring the location back to the otherwise location-less Internet economy. A domain name provides a virtual street address for any website or service on the Internet. It is comparable to a tract of land on which a business or just a private homepage can be built on. This space-network analogy is as old as the World Wide Web and numerous terms related to the Internet exhibit a spatial connotation: Labels for technical network addresses, for instance, are called domains, users are visitors, Internet browsers have been baptized Navigator or Explorer, websites are home pages, users communicate in chat rooms – the list can be easily extended.
Understanding domains as a novel form of land offers the opportunity to transfer established theoretical and empirical frameworks for the pricing of land into virtual space. Theoretically, Alonso-Muth-Mills models of urban layouts (Alonso, 1964; Mills, 1972; Muth, 1969) explain differences in land rents by differences in the distance to jobs or amenities. Applying this reasoning to domains, the price of a domain is hypothesized to depend on its ‘proximity’ to potential users. Since a voyage on the world wide web usually begins with the user entering the domain name of the desired website into her web browser, distance to the user can be seen as the effort a user is required to make to correctly remember and type a domain name. An appealing domain name like Apple.com is easy to recall and quickly entered. In this sense, an intuitive domain name is like a convenient down-town address linked to excellent transportation systems. Long or cryptic domain names are more burdensome, which is comparable to a longer commute to a location somewhere in the outskirts.
Ieong et al. (2012) provide a similar, albeit non-spatial explanation for the value of domains. They show that domains help users to evaluate the reliability of search results from online search engines. Domains serve as brands for the displayed information. Based on this line of thought, differences in domain prices could also stem from the brand-potential inherent in the domain name. Again, the catchy and easy to remember names will sell at a premium above registration costs.
Differences in ‘location’ and ‘brandability’ fuel a heated race for the shortest and most memorizable domain names that sprung up since the very first domain was created in March 1985. By now, more than 240 million unique domain names are registered (Verisign, 2012) – with no end of growth in total numbers in sight. An active secondary market facilitates investments in domains. Exclusive domains oftentimes trade for 5 or 6 figure dollar amounts, and some for even more. The current record in reported sales prices is the widely covered 13 million US dollar transaction of sex.com in 20102. Trading of and investing into domains has quickly evolved from a geeky pastime of a few to the serious bread and butter industry feeding hundreds of professionals today.
The focus of this paper is to estimate the first constant quality price index for Internet domain names. It adapts an empirical framework borrowed from real estate research which is suitable for valuing infrequently traded and non-standardized assets like houses, antiques, pieces of art – or, by analogy, virtual locations. The linguistic nature of Domains causes substantial heterogeneity in their quality, which makes domain names very comparable to traditional asset classes where the intrinsic value of an asset is not directly observable as well. The index spans 7 years and is updated on a monthly basis.
Despite all rapid growth in the last decade, domain names are still a relatively small investment class that lacks any information on its inherent risk and return profile. Market participants and investors simply do not know whether domain names are a ‘good’ investment. Did domain holdings deliver positive returns in the last years at all? How big were any returns?
Rational investors evaluate return and risk of their holdings simultaneously. The market index is the best proxy fundamental risk of domain names. The price volatility of a market portfolio hypothetically containing all domain names cancels out any domain-specific volatility. The fundamental or market risk of domains can be compared to the risk of an investor’s portfolio, which puts any return on this portfolio into a risk-adjusted perspective. Furthermore, the fundamental risk of domains can be compared to the risk of other investment classes like stocks, bonds or real estate.
The massive increase in virtual space and new extensions (ICANN Internet Corporation For Assigned Names and Numbers, 2012a) scheduled for 2013 and 2014 by the Internet Corporation for Assigned Names and Numbers (ICANN), is, among other reasons, motivated by a perceived scarcity of domains. This paper provides first evidence that supply of domain space is currently constrained indeed.
Finally, any cautious economist will surely ask: Are domains names for real or just another fad? Or does an economic rationale justify the prices paid? A comparison of domain prices to share price indices for IT companies shows that domains are not a totally detached ‘new economy’. The value of locations on the web is closely correlated with e.g. the NASDAQ 100.
The remainder of this paper first presents a primer on Internet domain names, including a brief introduction on the nature of domain markets. Section 3 provides an overview of the data this study analysis relies on. This motivates the choice of an adequate index estimation methodology in the subsequent section. Section 5 discusses the empirical results leading to general conclusions.

Privacy Boilerplate

'Best Practices' in the Design of Privacy Disclosures: An Experimental Test' by Omri Ben-Shahar and Adam S. Chilton comments 
One of the primary goals of privacy regulations is to transform privacy disclosure into relevant, accessible, and clearer information aids for consumers. Laws, industry standards, and consumer groups have coalesced around a list of “best practice” guides that advocate several formal properties to be used in drafting privacy disclosure. But would such formal properties actually change behavior? This question has not been rigorously studied. We conducted a survey experiment designed to test whether altering the formal properties of privacy disclosures affects respondents’: (1) willingness to disclose personal information; (2) comprehension of the disclosure; and (3) understanding of their legal rights. Our results reveal that altering the formal properties of privacy disclosures have [no/a limited/a substantial] effect on the information respondents understanding, willingness to disclose information, or understanding of their rights.

FTA, Copyright and Libraries

'The Australia-US Free Trade Agreement's Impact on Australia's Copyright Trade Policy' by Kimberlee G. Weatherall in (2015) 69(5) Australian Journal of International Affairs 538-558 comments 
The Australia-US Free Trade Agreement (AUSFTA) required extensive changes to Australian copyright law. This paper assesses the impact of these changes one decade on. It considers, first, whether the costs and/or benefits predicted in 2004 have eventuated, finding clear evidence that AUSFTA has undesirably constrained domestic copyright policy, but no clear evidence either of the feared financial costs to society, or, importantly, the touted benefits to copyright owners. The most significant impact of AUSFTA’s copyright provisions, however, appears to have been their impact on Australia’s copyright trade policy. Pre-AUSFTA, Australia promoted multilateral standards and mostly sought to comply with, but not exceed international IP standards. Post-AUSFTA, Australia has pursued an approach akin to that of the US: endorsing international copyright rules that are significantly stronger, and more detailed. The paper queries whether this shift has been in Australia’s national interest, and raises interesting questions of path-dependence in policymaking and trade negotiations that warrant more, and broader attention in the literature.
'At the Intersection of Public Service and the Market: Libraries and the Future of Lending' by Rebecca Giblin and Kimberlee G. Weatherall in (2015) 26 Australian Intellectual Property Journal 4-26 comments
Most library uses of books occur outside the purview of copyright and the market. Loans fall outside copyright’s exclusive rights; libraries have exceptions for many activities that involve copying. Author remuneration for library uses via the public lending right is governed by distinctly non-market considerations. This changes when works take digital form: electronic lending involves copies and transmissions which copyright owners have a right to license. As a result, libraries’ ability to engage in electronic lending is governed by private contract, which means market forces largely determine the terms on which libraries can provide access – and whether they may do so at all. This has potentially significant implications: libraries have traditionally played an important role in furthering the public’s interest in access to content and other societal goals including the encouragement of Australian authorship. This article provides a doctrinal mapping of the regulation of physical and digital lending. It also identifies avenues of investigation which need to be explored to inform the practices of libraries and policymaking. What could we lose by a wholesale operation of market forces? And what could we gain?

08 October 2015

Popsicles

Alcor, the enthusiasts for cryopreservation of people (what one mordant friend cruelly refers to as the 'faith-based meat-based popsicle movement') has breathlessly announced that "James Bedford, first cryonaut, is now the longest-surviving human being ever".

To a point, Lord Copper, particularly if your point of reference is Australian statute and case law regarding death.

Alcor's blog indicates that the the record for "the longest-living (verified) human being in history"
 has been broken by cryonaut Dr. James Bedford, who is maintained in cryopreservation by the Alcor Life Extension Foundation.
Bedford was born on April 20, 1893. As of today, October 6, 2015, he has survived for 122 years, 167 days.
It is true that Bedford is not currently alive. But neither is he dead. When Alcor transferred him from an old, customized vessel back in 1991, it was clear that the original ice cubes were intact. We have no good information on the quality of his ultrastructural preservation. But we can say that he has remained cryopreserved since 1967, and so deserves the title of LONGEST-SURVIVING HUMAN BEING IN HISTORY!
From a legal perspective the claim that "Bedford is not currently alive. But neither is he dead" is unpersuasive, irrespective of the all caps. The ice cubes may well have been intact but so far we haven't seen revival - if that's the word for reanimation of the undead - of anyone who's been parked in a vat for a decade or so.

It's unlikely that the supposedly neither dead nor alive Bedford will shortly be dancing a jig, answering questions from irreverent law academics, cooking dinner, issuing instructions to his broker or otherwise behaving in ways that Australian law regards as indicia of being alive.

I'm unimpressed by 'It's Child's Play: Contemplative Anthropocosmic Creativity' by Guy Burneko in (2014) 70(8) World Futures: The Journal of New Paradigm Research, which breathlessly proclaims
The implicate or quantum connectivity of the coevolving phenomena of the cosmos, the ontohermeneutic complementarity relations between ourselves and the vast and minute systems we coconstitutingly participate, observe, prolong, and contextualize, and the eco-reciprocities among all forms of life afford us an understanding of ourselves as fractal or microcosmic embodiments and performances of what is irreducibly nondual anthropo-cosmogenesis. And if cosmogenesis is a self-referential process having nothing external to itself from which to obtain gain or satisfaction, we may analogously interpret our noninstrumentalizing contemplative experiences in complete attentiveness without regard to external payoffs as the fractal play of its creatively emergent self-delighting anthropocosmic self-awareness in the human dimensionality. Our attentive, noninstrumentalizing, and nonobjectifying contemplativity aconceptually presences connectivity and reciprocity in an aperspectivally transparent enactment of anthropocosmic ongoing-wholing whose meaning is the being of its own self-delighting. The sustainability of cocreative anthropocosmogenesis on Earth flourishes where our conduct and intrinsically rewarding contemplativity are consonant with and recreate the spontaneous coevolutionary play of intrinsically rewarding creatio continua unreduced, unobstructed, unfragmented, and uneclipsed by partial, excessively dualizing perspectives and related efforts for extrinsic gain.
Law scholars might gain more sustenance from ‘The decline and fall of french nietzscheo-structuralism’ by Pascal Engel in Barry Smith (ed.) European Philosophy and the American Academy (Hegeler Institute, 1994) 21-41, a nice critique of Deleuze.

Leaks, Lies and Memory

'Can Technology Prevent Leaks?' by Nathan Alexander Sales in (2015) 8(1) Journal of National Security Law and Policy 73-101 comments
The Obama Administration has prosecuted a record number of government employees for leaking classified information. Yet despite this prosecutorial surge — nine cases in less than seven years — a steady stream of high-profile leaks continues and shows no sign of abating. This essay considers why the threat of criminal punishment sometimes fails to deter leakers. It argues that the expected penalty for leaking is quite low; very few leakers ever face criminal charges and those who are convicted receive relatively modest sentences. The essay therefore proposes that authorities seeking to prevent catastrophic leaks should make greater use of technological controls. Examples include access controls that restrict which users may view what information for which purposes (including biometric identity verification), immutable audit logs that record users’ system activity, and automated processes to verify that users are entitled to access the information they seek and to monitor for suspicious patterns of behavior.
The BBC reports that Enric Marco, purportedly a survivor of Mauthausen, has been exposed as an  unrepentant imposter (albeit less colourful and unpersuasive than Defonseca).

94 year old Marco claim to have been an anarchist forced to flee from Barcelona in the Spanish Civil War, being interned in the Flossenbuerg and Mauthausen concentration camps. He has served as president of the Amical de Mauthausen, Spain's main association of Nazi victims and given emotive speeches featuring his supposed experience in those camps. In reality he appears to have signed up as a voluntary worker in Nazi Germany under the 1941 labour agreement between Franco and Hitler.

Historian Benito Bermejo comments that Marco's version of events changed each time he told it.

Marco became Secretary General of the Confederación Nacional del Trabajo (ie the anarchist National Confederation of Workers - CNT - familiar to many readers of George Orwell) in 1980, was awarded the Creu de Sant Jordi by the Catalan government in 2003 and became president of Amical de Mauthausen in 2005. It appears that Marco pulled out of a ceremony at Mauthausen after being confronted with Bermejo's research, admitting that he had been a volunteer worker and had never been in a concentration camp.

 He reportedly claims that he sought to keep alive the memory of Hitler's Spanish victims: "Who would have listened to me if I hadn't created that persona?".

Sovereign Immunity and Employment

'State Immunity and Employment Relations in Canada' by Richard Garnett in (2015) 18(2) Canadian Labour & Employment Law Journal comments
Canada's federal State Immunity Act, 1985 grants to foreign states a presumptive immunity from actions in the Canadian courts, subject to important exceptions. One such exception is set out in section 5 of the Act, which applies when the proceedings relate to "commercial activity." This paper argues that Canadian courts and tribunals in labour and employment cases have been inconsistent in their interpretation of the scope of the exception for commercial activity, and thus in the extent to which they have been prepared to uphold foreign states' claims to immunity.
Advocating for what is termed the "liberal" approach, as enunciated in the leading case of Re Canada Labour Code, the author discusses the case law to demonstrate the varying degrees to which this approach has been followed. His preference for the liberal approach, which focuses on the roles and responsibilities of the employee, is informed by a comparative analysis of American, European, and Australian legislation and jurisprudence.
Ultimately, it is argued that state immunity in employment cases should generally be restricted to two situations: individual employee claims where the employee is a high-ranking diplomat, civil servant or military official with the foreign state; and collective employee claims brought against a foreign state employer in a highly sensitive location such as a military base, embassy or consulate.