刍议CEPA中的“服务提供者”

对"服务提供者"进行合理界定,是确保CEPA服务贸易领域一系列优惠措施顺利实施的前提。CEPA附件五对此进行了规定,与GATS和其他RTA的规定基本相同,但也有其特殊之处。CEPA界定法人主要使用了注册地标准和业务本地化标准,这可能引起"溢出效应"。建议引入条件相对宽松的资本控制标准,并完善与其配套的程序等其他规则。     

社会转型与刑事政策

社会转型是指社会结构和社会运行机制从一种形式向另一种形式的转换。社会转型对刑事政策的影响在于犯罪状况的变化所引起的刑事政策的调整;对于刑事政策模式的影响在于任何刑事政策,无论其形式多么协调和谐,也无论在什么时刻什么地方,都不能用一个单一的刑事政策模式去看;社会转型对刑事政策的价值的影响在于自由和效率的提升;刑事政策的功能体可以从多方面去考察,但最终归为两大功能:导向功能与符号功能。     

Public mobile radio services; regulatory policies and procedures for the Domestic Public Land Mobile Radio Service--Federal Communications Commission. Final rule

Final policies and procedures concerning objective need showings are being adopted for applications requesting multiple new two-way channels and applications requesting additional channels for an existing system. The policies and procedures we had in the past were vague and did not provide applicants with sufficient information as to what was required in need showings before various types of applications could be granted. Thus, applicants requesting multiple new two-way frequencies or additional two-way channels for an existing system must show that the existing, projected or expected grade of service for the proposed facilities is .25 or greater, this will determine the number of new or additional channels granted.     

论竞价排名服务提供者注意义务的边界

在搜索引擎竞价排名关键词引发的商标权侵权和反不正当竞争案件中,服务提供者的注意义务边界是判断其是否应当承担帮助侵权责任的关键。我国各地司法判决对此问题的回应呈现出一定差异。搜索引擎的竞价排名服务虽然属于广告业务,但与传统广告不同,其本质是一种网络信息检索服务。在个案中,应考查竞价排名服务提供者对于侵权行为的预见水平和控制能力,为市场竞争和技术的精进留下自由的发展空间,在消费者、权利人、市场经营者、网络服务提供者的利益之间寻求平衡。竞价排名服务提供者注意义务的边界的设定应当以追求社会福利的最大化为目标。     

A survey of current social network and online communication provision policies to support law enforcement identify offenders

Online forms of harassment, stalking and bullying on social network and communication platforms are now arguably wide-spread and subject to regular media coverage. As these provision continue to attract millions of users, generating significant volumes of traffic, regulating abuse and effectively reprimanding those who are involved in it, is a difficult and sometimes impossible task. This article collates information acquired from 22 popular social network and communication platforms in order to identify current regulatory gaps. Terms of service and privacy policies are reviewed to assess existing practices of data retention to evaluate the feasibility of law enforcement officials tracking those whose actions breach the law. For each provision, account sign-up processes are evaluated and policies for retaining Internet Protocol logs and user account information are assessed along with the availability of account preservation orders. Finally, recommendations are offered for improving current approaches to regulating social network crime and online offender tracking.     

Smart meters and the information panopticon: beyond the rhetoric of compliance

The Smart Meter Implementation Programme is the Government's flagship energy policy. In its search for solutions to address privacy dilemmas raised by smart meters, the Government has been content with using data protection principles as a policy framework to regulate the processing of consumers' personal information. This is worrying since the question of who has access to what type of information and how it is used cannot simply be regarded as raising information security, authenticity and integrity issues. If we are to go beyond the rhetoric of protecting the privacy rights of energy consumers we must scrutinise the context in which legitimate interests and reasonable expectations of privacy subsist. To remedy this apparent policy oversight, the paper undertakes two tasks: first, to clarify the content and application of data protection and privacy rights to smart meters; and second, it outlines a policy framework that will address the lack of specificity on how best innovation and privacy issues can be better calibrated. More importantly, it calls for targeted substantive reforms, development of accessible privacy policies and information management practices that promote transparency and accountability and deployment of technological solutions that will help reduce emerging fault lines between innovation and privacy in this sphere of energy policymaking.     

信息时代我国政务信息安全保障探究

人类社会已由工业时代迈向信息时代,安全的核心内容也经历着由物质资料安全到以知识、信息为核心的信息安全的转变之中。政府在国家和社会生活中有着不可替代的作用,应用现代信息技术来提高政府的运行效率和服务质量是信息时代政府建设和发展的必由之路,因此,信息时代政务信息安全显得尤为重要。     

Public Policy and the Development of a UK National Geographic Information Strategy

In March 2005 the Government published a report² assessing theprogress that had been made since 1999 in embracing digitaltechnology in the UK. It declared that there had been a transformationin its use within the UK economy and civil society and thatBritain had moved dramatically up international league tablesin the take-up of IT and in its engagement in the e-economy.Since the Millennium, the Government has been busy re-organisingits procurement and service arrangements and information channels.It has encouraged departments and agencies to embrace digitaltechnology and to capture the efficiency gains that this canoffer. New offices have been established within the reportingstructures of the Cabinet Office and HM Treasury to drive theseinitiatives forward. They are the e-Government Unit, the Officeof Government Commerce and the Office of Public Sector Information.The Office of the Deputy Prime Minister is also active in themanagement of geographic information. A key driver for theseOffices is engaging with digital technology in a form that willboth advance the UK economy and improve business and consumeraccess to information and services. This paper explores theseissues in the context of one specific area of policy viz., thecreation, development and exploitation of geographic informationwithin a spatial data infrastructure. The latter raises, inmicrocosm, many of the issues that the Government must tackleas it develops its digital and eGovernment transformation agendas.This paper will assess to what extent the Government can besaid to have clear objectives as to how it plans to developa geographic information strategy for the UK. It also considerswhat needs to be done to enable the diverse range of organisations,both within the public and private sectors, to move forwardin the promotion of geographic information services as a supportingmechanism to the delivery of eGovernment policies.     

Bruise Documentation,Race and Barriers to Seeking Legal Relief for Intimate Partner Violence Survivors: a Retrospective Qualitative Study

Documentation of physical injuries from intimate partner violence (IPV) is critically important when a victim seeks legal help. Bruising, a common IPV injury, is often less visible on victims of color. This retrospective qualitative study is focused on IPV survivors’ and service providers’ experiences with the complex interrelationship between IPV injury, bruise documentation, race and legal assistance. Focus group results with a racially diverse group of female IPV survivors and legal service providers indicate that all victims struggle with documenting their bruises, but for women of color, even documentation of visible bruising underrepresents the severity of their IPV injuries. Further, there are a number of social, logistic, and systemic barriers to injury documentation that may make legal relief for IPV difficult for all women, but particularly more difficult for women of color. Proposed solutions to address the gap include, improved documentation techniques, and greater education for legal service providers. Implications for the field of family violence generally and potential future research directions are also discussed.     

Finding and using technology-specific expertise

Successful technology transfer depends on the skills and knowledge of those who must implement new or rapidly advancing technologies. Often, new systems and technologies are delivered without proper preparation of the intended users. Thorough documentation is only part of the solution-during development, many important and technology-specific lessons are learned. These include problem diagnosis, troubleshooting techniques, and strategies for optimum utilization. Many such skills develop in response to incidents that occur during testing and evaluation and are rarely incorporated into formal documentation or instructional materials. Yet they can make the difference between skilled satisfied users and frustrated non-users. Gary A. Klein, who received his Ph.D. in experimental psychology at the University of Pittsburgh in 1969, is chairman and chief scientist of Klein Associates Inc. (Fairborn, OH) an R&D company he founded in 1978 to do work in applied cognitive psychology. His principal research area is methods of knowledge elicitation that reflect the perceptual-cognitive aspects of expertise. He previously worked at the US Air Force Human Resources Laboratory. Beth Crandall holds a dual appointment as research associate and director of operations at Klein Associates Inc., which she joined in 1986. Her research interests include expert knowledge and decisionmaking skills, and methods for eliciting this information. She received her BS in psychology from Wright State University in 1978.     

“WAP搜索”及相关服务著作权侵权问题研究

搜索引擎在向手机用户提供“WAP搜索”时,会对原网页进行格式转换,以便用户在较小的手机屏幕上浏览网页.这一过程涉及的“临时复制”不产生有独立经济价值的复制件,即使在承认“临时复制”构成复制行为的欧盟,此行为也不构成对复制权的侵权.但刻意将转换后的网页存储在服务器中,并直接向后续手机用户提供的行为,则无法根据“系统缓存避风港”或合理使用的一般规则免责,因此构成直接侵权.由于搜索引擎难以直接证明自己仅提供搜索和即时格式转换,以及没有在服务器中保留转换后的网页,所以法院应在个案中结合“WAP搜索”的技术特征,根据优势证据规则作出判断.     

The economic impact of the information sector in Singapore

The information sector, delineated as encompassing activities associated with the production and dissemination of information goods and services, is recognised as a dynamic growth sector in developed as well as newly-industrialising countries. Using an input-output methodology, this paper attempts to measure the magnitude and assess the economic impact of the information sector in Singapore. The results are found to be favourable although a number of caveats may be raised regarding its apparent import dependency and foreign exchange earning capability, which has turned from positive to negative over the ten-year period 1973–83. Other issues are also raised concerning the institutional framework, both domestic and international, necessary to support the sector both efficiently and flexibly. Policy implications are drawn from the results of the input-output analysis to consolidate and reinforce current policies to promote information technology in Singapore.     

关于数字环境下大学图书馆职能扩展与创新的初步分析

本文通过对数字时代大学图书馆面临的挑战和机遇进行分析,结合当前图书馆建设的实践,指出与其他馆、出版业以及搜索服务商合作进行数字图书馆建设;参与学术出版,建设大学知识机构库;支持远程访问;实施信息素养教育;构建信息共享空间等职能扩展与创新是大学图书馆创新的主要方面。     

Hearing aid-compatible mobile handsets, petition of American National Standards Committee C63 (EMC) ANSO ASC C63 (TM). Final rule

The Federal Communications Commission (Commission) adopts various proposals to amend its hearing aid compatibility policies and requirements pertaining to wireless services, including modifications and other requirements along the framework proposed in a consensus plan (Joint Consensus Plan) developed jointly by industry and representatives for the deaf and hard of hearing community. The Commission anticipates that these rule changes, taken together and largely supported by manufacturers, service providers, and consumers with hearing loss, will meet statutory obligations to ensure reasonable access to telephone service by persons with impaired hearing. These requirements are intended to benefit wireless users in the deaf and hard of hearing community, including the most disadvantaged who are more likely to rely on telecoil-equipped hearing aids, as well as to ensure that these consumers have a variety of handsets available to them, including handsets with innovative features.     

公用事业特许经营风险研究

公用事业民营化有助于缩小政府规模 ,降低政府成本 ,改善公共服务的质量和水平。民营化有多种方式 ,特许经营即是民营化的一种主要形式。本文在分析公用事业特许经营性质的基础上 ,揭示了特许经营的市场准入及其风险、特许经营中的定价及其风险 ,并提出了政府和企业防范风险的对策     

A tale of two cities

The authors are respectively parttime professor sociology at the University of Texas (San Antonio) as well as lecturer at the medical faculty of the State University Limburg (section psychiatry) and researcher at the Research and Documentation Centre of the Ministry of Justice, Schedeldoekshaven 100, 2511 EX The Hague, The Netherlands. Dorette Courtar, a mobility programme exchange student at the University of Maastricht and the Stockholm University, assisted in the basic research. We would like to thank Paulina Loennroth and the mayor of Hulst, dr. A.A.L.G.M. Kessen, both connected to the ECAD and Paul Vasseur, Urban Weber, Suzanne Schardt, all connected to the ECDP for their information and comments.     

Industrial application of a government laboratory's research — The SIROTECH experience

CSIRO — Australia's Commonwealth Scientific and Industrial Research Organization — is a large federal government research body with a central role in generating technology for the country's industrial development in the broad. The Organization has recently developed and reoriented its policies, procedures and mechanisms to provide stronger technological support for Australia's manufacturing industries: industries which are generally accepted to be badly in need of technological innovation. This article discusses the background to the changes made and the alternative pathways that were available to the Organization to effect the changes. It concentrates on the decision to establish a free-standing technology transfer and commercial assessment company, SIROTECH Limited. The article identifies the steps taken to bring the company to be, even after only two years' operation, a vital and valued part of CSIRO's system for planning, pursuing and applying industrial research with, and for, Australian industry. The main principles underlying the apparent success of the SIROTECH experience are identified.     

我国农村公共信息服务建设与地方政府责任

本文认为,深化农村公共信息服务建设,各级地方政府责任重大,但当务之急是处理好地方财政投入力度不足、地方政府角色定位失当、地方政府职能转变迟滞问题.为此,应建立健全各级地方政府部门主导下的多元投资机制;建立健全各级地方政府部门涉农公共服务机制;建立健全农民公共信息需求表达及反馈机制;建立健全由广大农民积极参与的监督机制;建立健全各级地方政府部门的相关决策及规划机制;建立健全科学有效的农村公共信息服务评估机制.     

Current environmental problems in member states of the Eurasian Economic Union

Member states of the Eurasian Economic Union face many common problems in the field of environmental protection inherited from the Soviet Union. These problems gained momentum in early XXI century. This article is devoted to the analysis of modern environmental problems in member states of the Eurasian Economic Union as well as to search for ways to resolve them. Effective environmental management in the Eurasian Economic Union requires cooperation with the European Union using its experience in the field of environmental activities and implementing its international policies. EurAsEC needs to develop its own programs aimed at saving the environment, modernization of environmental legislation, promotion of activities aimed at environmental preservation in addition to relevant prohibitions and sanctions. Special attention should be given to utilization of industrial and consumption waste, since it jeopardizes the environment. The authors of this study summarized the information regarding environmental issues in member states of the Eurasian Economic Union, the EU experience in addressing environmental issues and the international legislation related to the environmental activities. In addition, the study provides practical recommendations, which in the case of their practical application will promote environmental restoration in the Eurasian Economic Union. However, this activity will have positive effect beyond the Union.     

Business Associate Agreements Inventory

This Business Associate Agreement Inventory is a checklist for use by covered entities who use or disclose individually identifiable health information with or to their Business Associates. The checklist is designed to assist the covered entities to review their contracts with each respective Business Associate and determine whether the contracts contain all of the provisions required by the Health Insurance Portability and Accountability Act regulations. The regulations addressed in the checklist include the Transactions and Code Sets Standards (effective October 16, 2000), the proposed Security Standards, and the final Privacy Regulations (published December 28, 2000).