Academic staff

Mark’s teaching interests relate to Public Law, Civil Liberties and Computer Law, and his research interests revolve around civil liberties and criminal justice, especially regarding the regulation of the Internet and wider cyberspace issues, and also counter-cultural groups, public order law and police discretion, in all of which areas he has published extensively. 

Mark’s wider academic interests include the role of law schools in the community, and technology-enhanced learning.

Modules taught

Mark's research interests revolve around civil liberties and criminal justice, especially regarding the regulation of the Internet and wider cyberspace issues. Mark also has research interests in counter-cultural groups, public order law and police discretion, and he has published extensively in all of these areas.

Research group membership

• Centre for Legal Research and Policy Studies
• Criminal Law and Criminal Justice
• Fundamental Rights and Equality Law

Research grants and awards

Further information

www.slsa.ac.uk

www.lawteacher.ac.uk

Journal articles

• O'Brien M, 'The Internet, child pornography and cloud computing: the dark side of the web?'
  Information and Communications Technology Law 23 (3) (2014) pp.238-255
  ISSN: 1360-0834 eISSN: 1469-8404
  Abstract The advent of cloud-computing technology, the much-heralded development of remote and multilayered storage, presents a multiplicity of likely opportunities for potential criminal behaviour, and corresponding challenges to lawyers and regulators. One area of note in this context is the so-called ‘deepnet’ – Internet content, although theoretically accessible, is not indexed via usual search engine means, only being detectable via software such as ‘the Onion Router’ – the distribution of files over multiple nodes to facilitate their de-encryption. This article argues that this development, in conjunction with the utilisation of the cloud-computing techniques of establishing hosting facilities on demand, presents specific new challenges to those charged with combating a range of nefarious on-line activities of interest to law enforcers. In particular, this article will focus on the online propagation of pornographic material, and the additional difficulties of detection and criminal regulation posed by the deepnet. It will be argued that not only is detection rendered more difficult by virtue of the marriage of the technological development of the Deepnet, and tools for access to it such as the Onion Router with ‘the Cloud,' but also that effective policing is hindered, not least by the adoption of outdated and inappropriate policing and regulatory practices, this latter point being analysed via regulatory theory. Finally, this article contends that, in the technological medium in hand, alternative regulatory methods – including an increased focus upon regulation by user groups – rather than being discouraged, profitably could be employed in order to effect a realistic and sustainable regulatory framework.Website 

• Journal Articles
• O'Brien, M. (2014) The Internet, child pornography and cloud computing: the dark side of the web? Information & Communications Technology Law
• O'Brien, M. (2011) Law, technology and society: The real consequences of a metaphorical world. Information & Communications Technology Law, 20 (1). pp. 1-2. ISSN 1360-0834O’Brien, M. (2014) The Internet, child pornography and cloud computing: the dark side of the web? Information & Communications Technology Law
• O'Brien, M. (2009) Still on the road? Technology and historical perspectives on counter-cultural policing. Information & Communications Technology Law, 18 (3). pp. 285-296. ISSN 1360-0834
• O'Brien, M. (2009) Conceptualisation and control in virtual space. Information & Communications Technology Law, 18 (3). pp. 253-254. ISSN 1360-0834
• O’Brien, M. (2009) - Collegiality and Change in Higher Education - A Case of Herding Cats? 3 Web Journal of Current Legal Issues
• Ashford, C. and O'Brien, M. (2008) Privacy and the public/private divide. Information & Communications Technology Law, 17 (1). pp. 1-2. ISSN 1360-0834
• O'Brien, M. and Ashford, C. (2008) Virtual lives: Relationships between the citizen and society. Information & Communications Technology Law, 17 (3). pp. 165-166. ISSN 1360-0834
• O'Brien, M. (2008) Law, privacy and information technology: a sleepwalk through the surveillance society?Information & Communications Technology Law, 17 (1). pp. 25-35. ISSN 1360-0834
• Ashford, C. and O'Brien, M. (2006) Editorial: Internet rights, internet wrongs. Information & Communications Technology Law, 15 (3). pp. 207-210. ISSN 1360-0834
• O'Brien, M. (2006) The witchfinder-general and the will-o'-the-wisp: The myth and reality of internet control. Information & Communications Technology Law, 15 (3). pp. 259-273. ISSN 1360-0834
• O'Brien, M. (2005) Clear and present danger? Law and the regulation of the internet. Information & Communications Technology Law, 14 (2). pp. 151-164. ISSN 1360-0834
• O'Brien, M. and Ashford, C. (2005) Editorial: Rights, identity and regulation in cyberspace. Information & Communications Technology Law, 14 (2). pp. 81-88. ISSN 1360-0834
• O'Brien, M. and Ashford, C. (2003) 'Tribal groups' in modern Britain: Legal theory, legal practice and human rights. Contemporary Issues in Law, 6 (2). pp. 180-206. ISSN 1357-0374
• O’Brien, M. (2003) Research Matters: Learning, Teaching and the Role of Research, 7 Directions in Legal Education 4
• O’Brien, M. And Ashford, C. (2003) New Technologies, New Frontiers: Modern Challenges in the Cyber Age. Information and Communications Technology Law 12 (3), 203
• Book Chapters
• O'Brien M (2016), 'Child Pornography and Sexual Abuse: Legal Regulation and Social Controversies' in Kilday A-M and Nash D (eds.) Murder and Mayhem: Crime in Twentieth Century Britain (Palgrave) (forthcoming)
• O'Brien M (2015), 'Moving into Management', in Ashford C and Guth J (eds.) The Legal Academic's Handbook (Palgrave)
• Reviews
• O’Brien, M. (2011) Review of Insite, Law Teacher
• O’Brien, M. (2011) Review of UKCLE web provision, Law Teacher
• O’Brien, M. (2005), Book Review of Newburn T, 'Handbook of Policing', Law Teacher, 39:1
• O’Brien, M. (2005), Book Review of Wright K, 'Policing', Law Teacher 39:1
• O’Brien, M. (2004), Book Review of Roberts and Hough (eds.), 'Changing Attitudes of Punishment' Law Teacher, 38:3, 437

O’Brien, M. (2004) Book Review of Newman and Clarke, 'Superhighway Robbery', Law Teacher, 38:3, 433

Conferences

Editorial and conference organisation activities

• Special edition editor, Information and Communications Technology Law, 2003 (special edition,“New Technologies, New Frontiers: Modern Challenges in the Cyber Age”)
• Special edition editor, Information and Communications Technology Law, 2005 (special edition,“Rights, Identity and Regulation in Cyberspace”)
• Special edition editor, Information and Communications Technology Law, 2006 (special edition ,"Internet Rights, Internet Wrongs")
• Special edition editor, Information and Communications Technology Law, 2008 (special edition ,"Privacy and the Public/ Private Divide.”)
• Special edition editor, Information and Communications Technology Law, 2009 (special edition:“Conceptualisation and Control in Virtual Space.”)
• Special edition editor, Information and Communications Technology Law, 2011 (special edition:“Law, Technology and Society: The Real Consequences of a Metaphorical World.”)
• IT Law and Cyberspace Convener/ Co-convenor at the Socio-Legal Studies Annual Conference 2003 at Nottingham Trent University; 2004 at the University of Glasgow; 2005 at the University of Liverpool; 2006 at the University of Stirling; Convenor at the University of Kent, 2007, University of Manchester, 2008, De Montfort University, 2009, University of the West of England 2010;University of Sussex 2011; De Montfort University 2012; University of York 2013 and Robert Gordon University, Aberdeen 2014.
• Conference organiser, Socio-Legal Studies Association Annual Conference 2010, University of the West of England.
• Conference Co-organiser, ‘Cloud Computing: Legal, Organisational and Technological Issues’, University of the West of England, February 2011

Conference papers

• 'From Stead and Whitehouse to Big Brother: Historical Perspectives on the Legal Regulation of Child Pornography and Sexual Abuse', Socio-Legal Studies Association Annual Conference, Lancaster University, April 2016
• 'The Anarchist Netbook: Legal and Community Regulation in the Deep Web', Socio-Legal Studies Association Annual Conference, University of Warwick, March 2015
• ‘Going over to the Dark Web: Policing, Pornography and Policies.’ Socio-Legal Studies Association Annual Conference, University of York, April 2013
• ‘Still Raving: Travelling Peoples, Policing and Technology’, Socio-Legal Studies Association Annual Conference, De Montfort University, April 2009
• ‘Herding Cats? The Law School and the Process of Change in Legal Education’, Society of Legal Scholars Annual Conference, London School of Economics, September 2008
• ‘Travelling Peoples: A Case Study in Public Order Law’, Guest Speaker, University of Sunderland, April 2008
• ‘Subcultures, Public Order and the Human Rights Zeitgeist’, co-author of paper presented to the Law and Society Association Annual Conference, University of Humboldt, Berlin, July 2007
• ‘Law and Privacy: A Sleepwalk Through the Surveillance Society’, Socio-Legal Studies Annual Conference, University of Kent, April 2007
• 'Privacy, Information Technology and the Law', Guest Speaker, University of Sunderland, December 2006
• ‘Sexuality, Cyberspace and Legal Control’, co-author of paper presented to the Law and Society Association Annual Conference, University of Baltimore, USA, July 2006
• ‘Rave On: Policing the Counter-Culture in the Information Age’, Socio-Legal Studies Annual Conference, University of Stirling, March 2006
• 'The Witchfinder-General and the Will-o'-the-Wisp: The Myth and Reality of Legal Regulation of the Internet', Socio-Legal Studies Annual Conference, University of Liverpool, March 2005
• 'What's in a Name: Law and Perceptions of Traveller Identity', Society of Legal Scholars Annual Conference, Sheffield University, September 2004
• 'Clear and Present Danger?: Law and the Regulation of the Internet', Socio-Legal Studies Association Annual Conference, Glasgow University, April 2004
• 'Tribal Groups in Modern Britain: Legal Theory, Legal Practice and Human Rights', Socio-Legal Studies Association Annual Conference, Nottingham Trent University, April 2003
• ‘The Human Rights Act 1998 and Criminal Justice’, The Human Rights Act 1998: Towards a New Culture of Human Rights Conference, Sheffield Hallam University, February 2001
• ‘Who’s In, Who’s Out, Who Chooses?’: Dystopian Definitions and the ‘New Age’ Traveller, Socio- Legal Studies Association Annual Conference, Manchester Metropolitan University, April 1998

Further information