手机信息证据的审查判断研究

随着手机功能的多元化,利用手机从事违法犯罪的案件频繁的发生,手机短信、手机通话清单、手机录音、手机照片、手机网页、手机即时通讯等手机信息已被运用于各种刑事、民事案件中,其作用是不可以忽视的。本文运用事实信息理论对手机信息证据进行界定,在此基础上,提出手机信息证据的审查方法,使手机信息证据合法有效地在司法实践过程中发挥应有的作用。     

手机取证研究概述

司法实践中,越来越多的案件需要从手机中提取各种信息,手机已经成为电子物证检验的新对象.本文结合手机取证的特点,讨论了手机犯罪、手机电子数据和手机取证的相关问题.     

论手机广告行为的立法规制

随着手机成为重要的移动广告媒介,以手机网页广告、手机短信广告、虚假推销电话等为代表的手机广告行为也应运而生。手机广告能够给手机用户提供所需信息,为经营者提供传播途径,促进商品的流通,但又有许多负面影响。手机广告法律问题愈演愈烈。为规范手机网络秩序,保护手机用户的合法权益,引导手机广告业的正确发展,需要通过立法对手机广告行为加以规制。本文拟就从立法角度对如何规制手机广告行为作一探讨。     

手机物证检验原则

手机作为现代社会最重要的通讯工具之一,被越来越广泛的使用,随着移动通讯技术的不断发展,手机的功能也日渐强大,除了语音、短信等基本功能外,视频通话、无线上网、手机支付、移动认证等服务增加了手机使用的范围,但是手机在给人们生活带来极大便利的同时,利用手机从事诈骗、售假、造谣、煽动作案、传播有害信息等违法犯罪活动也日益猖獗,     

建立手机串号库之必要

手机串号(俗称手机的电子窗号)是国际移动设备识别码,亦是手机的机身号码,串号固化在手机芯片中,是手机的“身份证号”。每部GSM手机对应一组IMEI号码,每部CDMA手机对应一组ESN号码。手机串号具有唯一性和不变性。     

查控手机串号开展侦查的方法

手机串号是国际移动设备识别码,亦是手机的机身号码, 串号固化在手机芯片中,是手机的“身份证号”。每部GSM手机对应一组IMEI号码,每部CDMA手机对应一组ESN号码。手机串号具有唯一性和不变性。北京市公安局刑侦总队于2003年3月建立手机串号查询系统,目前,全市通过查控手机串号已侦破了一批案件。其侦破方法是: 对可疑手机串号进行比对按*#06#键调出可疑手机的串号,登录手机串号查询系     

手机物证检验及其在刑事侦查中的应用

随着移动通信技术的迅速发展和广泛应用,手机内部包含的信息已经成为犯罪侦查重要的线索和证据来源。采用专门的符合物证鉴定原理要求的技术方法检验手机的SIM卡存储器、主板存储器和闪存卡,可以获得大量的手机使用者个人信息、通信内容信息、通信发生信息、使用者写入存储信息和手机设置信息等大量信息资料。手机检验结果给出的这些信息具有非常高的侦查和证据价值的,手机也因此成为物证鉴定领域内一个新的检验对象。     

浅谈手机取证在检察工作中的应用

随着科学技术的不断发展和应用的不断推广，手机在人们日常生活中发挥越来越大的作用，手机取证也逐渐成为司法实践活动中的重要手段之一。文章从检察机关执法办案中开展手机取证工作的必要性出发，通过对近年来手机取证工作在检察机关开展现状的介绍，分析、总结了手机取证工作遇到的困难，并对今后手机取证工作开展的方向提出了建议。     

巧用MTP协议破解Android智能手机屏幕锁密码

本文介绍了基于Android平台的智能手机应用MTP协议[1]在PC机构建的一个虚拟文件系统[2]中进行案件检验的实例。涉案手机因设置了手机防盗锁且USB调试未打开,现有的手机取证工具无法对其数据进行提取。通过查询手机生产日期推断该手机版本支持MTP协议,并尝试利用MTP协议查看和拷贝手机内的文件,最终找到QQ文件夹下保存的解锁密码,解除屏幕锁后利用现有手机取证工具成功提取到涉案手机中的短信息、即时通讯记录等与案件相关的信息,为手机检验中破解第三方软件设置的屏幕锁解锁提供了一种新的方法。     

探寻山寨手机明天之路

如今的手机再也不是简单的通讯工具，触摸屏、智能等技术让它成为了一个多功能的网络终端。当前手机市场有80％的消费行为属于二次或多次购机，这决定了消费者对手机功能和外观有更时尚、更个性化需求。手机花样百出，但是在金钱方面，人们很现实——行货太贵。这一供需矛盾给予了山寨手机广阔的生存空间。     

Bones, blood, pellets, glass, and no body.

A man was found guilty of killing his wife, although her body was never found. The case centered on her car, which contained fragments of bone, glass, shotgun pellets, and dried blood. Deoxyribonucleic acid (DNA) fingerprinting techniques were used to establish the decedent's identity. Examination of the bone fragments revealed that they were from the skull. These two pieces of information, added to other evidence, proved that the defendant's wife had received a fatal injury in her car, and a guilty verdict was rendered.     

Medicare program; peer review organization contracts: solicitation of statements of interest from in-state organizations--Alaska, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Kentucky, Maine, Nebraska, Nevada, South Carolina, Vermont, and Wyoming--HCFA. Notice

This notice, in accordance with section 1153(i) of the Social Security Act, gives at least 6 months' advance notice of the expiration dates of contracts with out-of-State Utilization and Quality Control Peer Review Organizations. It also specifies the period of time in which in-State organizations may submit a statement of interest so that they may be eligible to compete for these contracts.     

Primary hyperparathyroidism, hypercalcemia, paranoid delusions, homicide, and attempted murder

This report describes a case of primary hyperparathyroidism in a 68-year-old man. The endocrine disorder, while suspected before the commission of homicide and attempted murder, was proven biochemically and histologically a number of months after the commission of the crimes. The acts of homicide and attempted murder followed the development of paranoid delusions, which rapidly resolved upon successful removal of a single cystic parathyroid gland adenoma. The unusual events that immediately followed the acts of violence indicate that the delusions occurred in a clear sensorium (absence of delirium). Psychological measures taken before and after surgery document improvement in subtle organic functioning while intelligence was unchanged. This report discusses the neuropsychiatric manifestations of hypercalcemia and reviews the literature.     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

Risk,Precaution, Responsibility,and Equal Concern

Systemic risks are risks produced through interconnected non‐wrongful actions of individuals, in the sense that an individual's action is a negligible cause of the risk. Due to scale effects of interaction, their consequences can be serious but they are also difficult to predict and assess via a risk assessment. Since we can have good reason to engage in the interconnected activities giving rise to systemic risk, we incur a concurrent collective responsibility to ensure that the risks are fairly distributed and well regulated. James argues that fairness in this context requires taking reasonably available precautions ensuring for each risk‐bearer a favourable ratio of expected benefits over expected losses. In sections 2 and 3 we argue that such a conception of fairness applies but only on the condition that the systemic risks created are irreversible risks and that the general background conditions of justice are imperfectly fair. When risks are reversible, compensatory justice can correct for unfairness in risk imposition. Where risks are irreversible, compensatory justice necessarily fails, giving rise to a collective responsibility to regulate fairly ex ante. Additionally, where background conditions of justice are fully fair and the systemic risk is well understood, risk bearers can be said to have consented to the systemic risk. If they are not fair, we argue that the primary political obligation should lie in fixing the fairness of the backgrounds of justice. A related reason for addressing the general background conditions of fairness is that James’ account of fairness in systemic risk imposition encounters a baseline problem. If expected risks and benefits are calculated again an unfair historic background condition, systemic risk imposition would not be fully fair. Section 4 shows why differences in evidentiary uncertainty as to probability and levels of harm and effective responses require a normatively appropriate response in the form of additional precautions. We show that the evidentiary standards set for risk‐based cost‐benefit analysis have a connection with deontology because they express a postulate of equal treatment in formal terms. Systemic risks can have different possible degrees of epistemological certainty due to factors of social and natural origin, such as more available research funding or higher degrees of complexity for some systemic risks but not others. These differences have to be mitigated by taking even greater precautions in difficult‐to‐research systemic risks.     

Veni, vidi, wiki

‘Veni, vidi, vici!’ (‘I came, I saw, I conquered’),Julius Caesar's memorable soundbite from the Battle of Zelain 47 BC, has been for nearly two millennia a byword for thetriumph of the new order over the old. Substitute the homophone‘wiki’ for ‘vici’ and the symbolismremains apt. While the rise of the personal computer, the developmentof the internet and the advent of mobile telephony have eachbeen hailed as the greatest transformative feature     

Families, Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.     

Families,Foreignness, Migration

Introducing the special issue on ‘Families, Foreignness and Migration. Now and Then’, this essay starts from the observation that in Western Europe migrating with or without one's family in the last century was increasingly shaped by state policies. As a result, migrants' identities and family experiences not only depended, and still depend, on their cultural backgrounds but also on very time-specific politics of foreignness and citizenship. The essay's main argument is that comparing and deconstructing perceptions, policies and practices of ‘family’ and migration help to overcome the limited attention given to age and kin in the study of gender and migration. From an overview of contributions to this interdisciplinary issue, it is clear that deconstructing ‘family’ in migration studies should be developed further along three axes: child migration, the multi-level analysis of family and migration, including societies of origin and migrant organizations, and the comparison of ‘visible’ and ‘invisible’ migrants, which contributes to uncovering the relationship between foreignness, gender and age.