Digital identity – The legal person?

This paper examines the concept of digital identity which the author asserts is now evident in the United Kingdom as a consequence of the Identity Cards Act (UK) 2006 and the National Identity Scheme it establishes. The nature and functions of the concept, particularly the set of information which constitutes an individual's transactional identity, are examined. The paper then considers the central question of who, or what, is the legal person in a transaction i.e. who or what enters into legal relations. The analysis presents some intriguing results which were almost certainly not envisaged by the legislature. The implications extend beyond the United Kingdom to similar schemes in other jurisdictions, and to countries, like Australia, which may implement such a scheme.     

Digital provenance – interpretation,verification and corroboration

This paper defines the attributes that are required to provide ‘good’ provenance. The various sources that may be used to verify the provenance of digital information during the investigation of a Microsoft^® Windows^® based computer system are presented. This paper shows how provenance can be corroborated by artefacts which indicate how a computer system was connected to the outside world and the capabilities that it provided to a user. Finally consideration is given to a number of commonly used forensic tools and shows how they represent the provenance of information to an investigator.     

Digital identity – From emergent legal concept to new reality

Over the past decade, digital identity has gone from a largely unrecognized emergent legal concept to something that is now well known, but still not fully understood. Most individuals now know that they have a digital identity but its legal nature, its transactional functions, and its implications now and for the future, are not generally well understood.This article tracks the emergence of digital identity from the time it was recognized as a new legal and commercial concept to the present time; and outlines its impact and significance for individuals, governments, the private sector and even what is means to be a nation and a citizen in the digital era. The author recounts her experience in recognizing the implications of digital identity in 2006 to its current importance and the implications of future evolutions including an international digital identity, the groundwork for which is being laid now.     

华为与Inter Digital纠纷案的启示——应对337调查案的反客为主新思路

历经3年纷争，InterDigital与华为于2014年1月就双方之间的多项争议达成和解协议。2014年2月，美国国际贸易委员会（ITC）同意337-TA-868案因双方达成和解协议而终止；同时，InterDigital表示将继续配合中国国家发展和改革委员会（以下简称“发改委”）的反垄断调查，而发改委确认在Inter Digital作出一系列承诺的前提下收到了InterDigital提交的中止调查申请。     

“Do We Have LIFT-Off?” Social Media Marketing and Digital Performance at a British Arts Festival

ABSTRACT

Arts festivals have been explored through many lenses, but social media marketing and digital performance are less studied. The potential of social media networks in digital performance is exemplified by the London International Festival of Theatre (LIFT), which repositions social media technology as an enabler for audiences to co-produce digitally oriented performance. This article argues that the relationship between social media marketing and performance is more hybridized than often assumed, with performances forming a creative development loop from producer to audience through performative social media. Harnessing the creative potential of social media platforms via “digital staging” encourages audience insight into process as well as product.     

Parental Indifference and Children’s Digital Piracy in South Korea: Mediation Effects of Low Self-Control and Misconception

Digital piracy is a global concern for society. Although adolescents’ digital piracy in South Korea is pervasive, its cause has rarely been examined. Using data collected by the Korean Institute of Criminology (KIC) in 2009, this study conducted structural equation modeling to determine if low self-control and social learning theory accounted for digital piracy. This study found that parental indifference increased adolescents’ digital piracy through low self-control and misconception about digital piracy. However, there were no direct effects of parental indifference on the digital piracy behaviors. In particular, the mediation effect in the model combining low self-control and misconception was greater compared to other models. Overall, the combination of low self-control and social learning theory provided a more meaningful framework to explain adolescents’ digital piracy. Results of this study can offer ways to aid in the examination and remediation of this particular form of deviant behaviors on the Internet by adolescents.     

The Hazards of Investigating Internet Crimes Against Children: Digital Evidence Handlers’ Experiences with Vicarious Trauma and Coping Behaviors

Over the last two decades there has been a substantive increase in the number of cybercrime and digital forensic units in local and state police agencies across the US. There is, however, little research on the occupational responses of individuals serving in specialized roles within criminal justice agencies. Individuals tasked to these units are likely to encounter psychologically harmful materials on a regular basis due to the number of child pornography and sexual exploitation cases they are assigned. As a result, this study examined the experiences of vicarious trauma and coping behaviors of digital forensic examiners in a sample culled from across the country. The findings suggest that exposure to content involving crimes against children directly and indirectly increases the likelihood of trauma and incidence of coping strategies employed.     

电子政务到数字治理的转型:政治、行政与全球化——评Digital Governance:New Technologies for Improving Public Service and Participation

正过去十年间,电子政务取得了长足发展,也发生了巨大的变化。网络用户的骤增,促使电子政务信息和服务的提供从"单一无序"向"全面系统"转变;公民意识的提高促使电子政务从"提供信息和服务"向"增强公民监督和参与"转变;新公共管理和公共服务思想的崛起,促使电子政务从"以政府为中心"向"以公民为中心"转变。这些变化使得电子政务向数字治理转型,并对政府提出了更高的要求。此外,信息鸿沟及网络安全等问题不断出现,也需要政府制定相关政策来应对。     

Digital Economy Act 2010: fighting a losing battle? Why the ‘three strikes’ law is not the answer to copyright law's latest challenge

This paper argues that the Digital Economy Act (DEA) 2010, already much delayed in its implementation, is fundamentally flawed in three respects. First, there are internal inconsistencies in the complex provisions to be enacted under secondary legislation. In particular, the problem of relying on Internet Protocol (IP) addresses to identify alleged infringers has proved problematic. Secondly, the proposed measures are disproportionate in terms of the offence and severity of the punishment involving a warning-system leading to possible disconnection from the Internet for copyright infringement. Thirdly, the Act is unlikely to succeed in its central purpose to control unauthorised digital copying because of its technological specificity in a fast moving environment, and a lack of consumer acceptance. Finally, by comparing the treatment of these issues under legislation in other countries, in particular New Zealand, alternative copyright enforcement models are explored.