Defence against the dark artefacts: Smart home cybercrimes and cybersecurity standards

This paper analyses the assumptions underpinning a range of emerging EU and UK smart home cybersecurity standards. We use internet of things (IoT) case studies (such as the Mirai Botnet affair) and the criminological concept of ‘routine activity theory’ to situate our critique. Our study shows that current cybersecurity standards mainly assume smart home environments are (and will continue to be) underpinned by cloud architectures. This is a shortcoming in the longevity of standards. This paper argues that edge computing approaches, such as personal information management systems, are emerging for the IoT and challenge the cloud focused assumptions of these standards. In edge computing, data can be stored in a decentralised manner, locally and analysed on the client using federated learning. This can have advantages for security, privacy and legal compliance, over centralised cloud-based approaches, particularly around cross border data flows and edge based security analytics. As a consequence, standards should start to reflect the increased interest in this trend to make them more aspirational and responsive for the long term; as ultimately, current IoT architectures are a choice, as opposed to inherent. Our paper unpacks the importance of the adoption of edge computing models which could enable better management of external cyber-criminality threats in smart homes. We also briefly discuss challenges of building smart homes that can accommodate the complex nature of everyday life in the home. In addition to technical aspects, the social and interactional complexities of the home mean internal threats can also emerge. As these human factors remain unresolved in current approaches to smart home cybersecurity, a user's security can be impacted by such technical design choices.     

Medico-legal knowledge of general practitioners: disjunctions,errors and uncertainties

This article discusses a survey of Victorian general practitioners which investigated doctors' legal knowledge, the impact of law on clinical practice, doctors' current medico-legal information sources and their legal education needs and preferences. Knowledge of legal standards was investigated in relation to three areas: disclosure of risk; ownership of, and access to, medical records; and proxy decision-making. Additionally, the impact of statutory reform in relation to proxy decision-making was explored. Further, doctors' past experience of medico-legal education, current sources of medico-legal information and preferences concerning future medico-legal information were explored. Results indicated that overall, respondents had a very inadequate understanding of relevant law and that relevant statutory standards have had little impact on clinical practice. Professional bulletins and journals were identified as major current legal information sources, whilst printed materials, seminars and conferences were preferred sources of legal information. The authors conclude that there is a significant disjunction between legal standards and doctors' awareness of those standards, thereby creating a significant source of liability for doctors. Results highlight an urgent need to develop legal education programs for general practitioners based on doctors' identified needs and preferences.     

The impact of Daubert: implications for testimony and research in forensic anthropology (and the use of frontal sinuses in personal identification)

This paper emphasizes the need for objectivity and standardized methodologies in the forensic sciences, particularly physical anthropology. To this end, a review of important events in scientific evidence admissibility law, particularly the standards set in the case of Daubert v. Merrell-Dow Pharmaceuticals, Inc., 1993, is presented. The method of confirming a putative identification by visual comparison of antemortem and postmortem frontal sinus radiographs is examined in light of current admissibility standards. The technique is revealed to have a number of shortcomings, including a lack of empirical testing, no estimates of potential error rates, no standards controlling the technique's operation, and no objective determination standards. These shortcomings may, in some instances, prevent resulting conclusions from being admissible evidence. It is suggested that some methods (including frontal sinus comparison) may require more rigorous testing in order to meet these new and stricter standards.     

The impact of public policy and publicity on admissions to state mental health hospitals

This paper examines the impact of broadened Washington state civil commitment standards on utilization of the state's mental hospitals. Included in the analysis is an assessment of the impact of a public event (a well-publicized murder case) which was in all likelihood a precursor to the law's revision. We also examine the different ways Washington's two state hospitals managed the dramatic increase in civilly committed patients that occurred after the revision took effect. The findings indicate that the murder case, in which the defendant had been denied voluntary admission to a state hospital prior to the killing, resulted in an increase in involuntary admissions in the county where it occurred a full year before the standards were revised. The law itself had the effect of increasing commitments throughout the state, reducing the levels of voluntary admissions, and increasing the likelihood of involuntary admission for individuals previously admitted voluntarily, thus transforming a principally voluntary system into one which was primarily involuntary. Finally, it was found that the increased demand for services mandated by the broadened commitment standards was managed differently in the two state hospitals: one imposed a cap on admissions; the other phased out voluntary admissions at a rate roughly equal to the increase in commitments. These findings illustrate both the substantive impact of broadened civil commitment law and the importance, when assessing the impact of laws, of examining public events and administrative interventions which may have significant causal links with legal interventions.     

Dental age in Central Poland

Precise evaluation of the developmental stage of a child is an integral part of both diagnosis and treatment of pediatric patients; it is also essential in forensic medicine and dentistry. Among radiological methods for dental age estimation in children the Demirjian's method is widely used, however original standards elaborated for the French-Canadian population are mostly not suitable for other populations. The aim of the study was to compare the dental age of children from the region of Mazovia (Central Poland) with the developmental standards presented by Demirjian, to analyse sexual dimorphism of dental age in the studied group and to estimate validity of the Demirjian's standards for the studied Polish population. The material consisted of clinical files and panoramic X-ray images of 994 children aged from 6 to 16 in good general health, without development impairments. Chronological ages of the patients were established. Next dental ages were estimated by means of the Demirjian method based on developmental maturity of seven left mandibular permanent teeth. It was found that the standards were significantly different from the chronological ages in the studied population, which means that dental development was considerably accelerated. The most significant acceleration was observed in girls aged 11 and 12, as well as in 13-year-old boys; in both groups a considerable acceleration of the dental age was seen in 6-year-olds. No statistically significant differences between dental ages of girls and boys were observed in particular age groups. There were devised gender-specific equations allowing for adaptation of original Demirjian's scores for estimation of dental age in the population of Mazovia (Central Poland). In conclusion, the developmental standards used by Demirjian are not suitable in the case of the population of children of Central Poland. Therefore, it is necessary to establish new tables for this population.     

Injuries to law enforcement officers: the backface signature injury

In today's law enforcement community, one of the most vital tools an officer can possess is personal body armor. However, a recent Department of Justice investigation has raised important questions regarding the protection actually afforded officers through the use of personal body armor, and the current test methods used to assess the armor. Test results show that most Zylon-containing vests showed deformations in excess of the 0101.04 Standard's 44 mm backface signature limit. Such increased deformation can lead to serious injuries, including backface signature injuries, which have occurred in the field. Although the vest is successful in containing the round, it is not effectively dissipating the energy enough to prevent large amounts of vest deformation at the area of impact. Therefore, open, penetrating wounds occur even though the bullet did not penetrate the vest. The objective of the current study was to further define the backface signature injury through the use of case studies and laboratory experiments. Following the case study investigation, backface signature testing was conducted using a clay medium based on the NIJ 0101.04 Standard. The final component of this research involved the use of post-mortem human specimens (PMHS) for further investigation of the backface signature injury. Although the underlying cause of backface signature injuries is unknown, energy density is likely to play a role in the mechanism. Energy density (E/a) is defined as the energy per unit area and has been previously used in less lethal skin penetration research. Further research into the underlying causes of backface signature injuries is necessary. In addition to armor testing, the study of law enforcement personnel who have been shot while wearing soft body armor is also a valuable tool for determining the effectiveness of certification standards. Finally, it is important for medical personnel to recognize the backface signature injury and document this as a type of injury separate from blunt trauma or penetrating trauma behind armor injuries. Detailed knowledge of the injury, including the depth of the wound, would be beneficial to the scientific community.     

试论国际私法涉外标准之认定

所谓国际私法的涉外性,是指民事关系具有涉及外国法适用的因素,而非民事法律关系的涉外。我国目前的国际私法的涉外性标准采取的是以民事法律关系的主体、客体以及产生、变更、消灭民事法律关系的法律事实涉外为标准。该标准过于宽泛,内容有待完善。只有依据冲突规范连接点的内容才能找出某一具体的民事关系中的有效涉外因素,进而结合案件事实才能最终确定外国法的适用。     

Special report on reimbursement. Final Medicare fraud and abuse safe harbors are published

There has been great concern in the health care industry that business arrangements that do not comply with the Safe Harbors will automatically be deemed illegal. HHS has confirmed that this is not so; the commentary to the Regulations expressly states that "The failure of a particular business arrangement to comply with these provisions does not determine whether or not the arrangement violates the statute because...this regulation does not make conduct illegal. Any conduct that could be construed to be illegal after the promulgation of this rule would have been illegal at any time since the current law was enacted in 1977....This regulation is intended to provide a formula for avoiding risk in the future." 56 Fed. Reg. at 35955. In the final analysis, the majority of transactions will fall outside the Safe Harbors and thus will continue to be judged by the standards established by the Medicare antifraud statute enacted 14 years ago. Under these standards, as HHS states, "the degree of the risk [in any particular transaction] depends on an evaluation of the many factors which are part of the decision-making process regarding case selection for investigation and prosecution." Id. at 35954. Providers that are mindful of these criteria should therefore still be able to accomplish, with relative safety, transactions that do not qualify for Safe Harbor protection.     

Problems surrounding release of persons found not guilty by reason of insanity.

The problem of release from institutionalization of those not guilty by reason of insanity is a most troublesome one. Psychiatric criteria for release are to be balanced by what judges see as the needs and protection of society. In 1972, New Jersey in the Maik decision adopted an extremely stringent rule which, if strictly followed, would condemn most NGIs to life imprisonment. Judge Weintraub's demand for assurance that the underlying or latent condition was no longer present put psychiatric examiners in an untenable position. The psychiatrists of the state took the unusual step of preparing a critique of the Supreme Court decision and distributing it to the legal profession through a law periodical. In the interim, the inequities of the Maik rule were recognized and an evolutionary set of standards laid down in the Carter case which provides some flexibility and set standards for conditional release. This clarification will undoubtedly be of great assistance to both courts and psychiatrists in dealing with a complex issue which can never have simple guidelines.     

Development of discriminant functions to estimate sex in upper limb bones for mixed ancestry South Africans

South Africa has one of the highest murder rates in the world, which is associated with an increasing number of unidentified individuals. Forensic anthropologists can assist in these cases to reduce the number of potential victims the remains may belong to. Sex estimation potentially decreases the number of possible victims by half. The mixed ancestry population in South Africa is the second largest group of people; however, there remains a paucity of data and population-specific methods for sex estimation in this group. The aim of this study was to assess the potential for metrices obtained around the nutrient foramen and the maximum length of upper limb long bones to estimate sex in mixed ancestry South Africans using discriminant function analysis. A total of 328 humeri, radii and ulnae from individuals of mixed ancestry were analysed. Sex was correctly classified with an average classification accuracy of 84.3% in the humeri, 88.3% for radii and 83.5% for the ulnae. Total length was the single best predictor of sex; the combination of total length with dimensions related to the nutrient foramen produced high classification accuracies in the current study. Overall, sexual dimorphism was observed in mixed ancestry South Africans upper limb long bones. The findings of this study further emphasise the need for population-specific standards of sexing in an attempt to improve current methods of forensic identification of descendants.     

Harness racing injuries and deaths. Report of a fatal accident and review of 178 cases

A case of a harness racing accident in which the driver died of head injuries is presented. To evaluate the victim's head injury and corresponding helmet damage, a videotape of the race was reviewed and analyzed. Based on calculations of a simplified trajectory analysis and testing of the helmet, it was determined that the helmet design did not provide adequate protection for the victim. The standards for harness helmet design are being re-evaluated by the harness racing industry to ensure the safety of the drivers. A review of 178 harness racing injuries and deaths, current harness helmet research, and recommendations for safer helmets are discussed. A protocol for the forensic investigation of sports-related injuries and/or deaths is also presented to assist medical examiners in fulfilling their roles as practitioners of preventive medicine.     

反倾销损害调查中同类产品认定问题比较研究

同类产品的认定是确定国内产业的基础,在反倾销损害调查中具有重大意义。在反倾销立法上,一方面应明确规定同类产品的具体认定标准,从而为调查机关认定同类产品提供指导。但另一方面,由于同类产品的认定非常复杂,因此必须规定这些标准是非强制性的、不分等级的和非穷尽性的,且调查机关还可以根据案件的具体情况,考虑其认为相关的任何其他标准。中国的相关立法已较为完善,但其实践在局部地方仍有进一步完善的必要。     

行政诉讼中证明标准的重构

证明标准是由法律加以规定的,指证明主体对案件事实及其他待证事实的证明所应达到的程度,是一个与自由心证密切联系的范畴。它不仅是衡量当事人是否切实履行证明责任的最低标准,同时也是法官根据既有的证据认定案件事实的心证标准,是一个具有主客观双重性的法学概念。本文以证明标准概念作为逻辑起点,从比较法的视角审视两大法系行政诉讼证明标准的特点以获取关于建构我国行政诉讼证明标准的有益启示。最后在分析我国现阶段行政诉讼证明标准所存在的问题的前提下,结合我国行政诉讼的特征,提出在法定证明基础上的自由心证证明模式下,建立多元化的行政诉讼证明标准体系。     

Privacy for the institutionalized mentally ill

During the past decade the courts have taken an increasingly active rule in shaping the physical facilities that house environmentally captive individuals. Perhaps the most influential of these cases was Wyatt v. Stickney (1972), which has been cited as a basis for standards promulgated by other courts (e.g., Davis v. Hubbard, 1980), for model standards (Staff, 1977), and for changes made by administrators fearing litigation (Sommer & Kroll, 1979). Despite this widespread acceptance, there was no apparent empirical basis for, or validation of, the standards. The purpose of the present study was to assess the validity of the behavioral assumptions underlying the Wyatt standards regarding physical changes intended to ensure patient privacy. Patient perceptions of privacy were examined on two units in a facility that met the standards mandated in Wyatt. The results demonstrated that although some of the court's assumptions were valid, several were not, and that overall the standards in this influential case do not ensure patient privacy for the institutionalized mentally ill. The implications of these findings are discussed.     

论《劳动合同法》中的“劳动基准”

我国现行《劳动合同法》中包含了大量背离普通民事法律规则的劳动关系强行运行规则,但这些规则仍属于私法领域,与公法属性的劳动基准存在本质差别。由公权保障实施,是劳动基准的特征之一。将过多的单位义务纳入劳动监察的保障实施范围,分散了劳动基准的公权保护力度,因此,不宜将现行劳动监察事项作为劳动基准的判断依据。对劳动合同书面形式、二倍工资、经济补偿金、用工档案等具体制度规则的分析表明,我国《劳动合同法》中的大量强行规则并非劳动基准。虽然《劳动合同法》与劳动基准关系密切,但其中真正涉及劳动基准的规定并不多,仅在非典型劳动关系调整中略有提及,因此,制定单独的《劳动基准法》,仍有很大的制度空间。     

A behavioral model for Ukrainian organized crime groups

Ukrainian organized crime operates like any social group existing in relation to other institutions in society. The specifics of criminal group behavior in Ukraine are governed by strict norms and standards which have developed over many decades. The 'thieves idea,' promoting brotherhood and superiority among members of criminal groups, was cultivated by convicts and peasants as far back as pre-Soviet Ukraine. The infrastructure of these groups, their organization and leadership, and methods for criminal activities are all determined by customs and rules unique to Ukraine. Using statistical analysis, a case study of one organized criminal group, and collective interviews with various law enforcement officials, this study attempts to determine the prevalence of traditions and the nature of group dynamics in organized crime.     

Sexual Dimorphism of the Humerus in Contemporary Cretans—A Population‐Specific Study and a Review of the Literature*

Abstract: Sex determination is the first essential step for positive identification when a decomposed body is recovered. Taking into consideration the population aspect of sexual dimorphism of the skeleton, the present study aimed to create a sex identification technique using osteometric standards, derived from a contemporary Cretan population. A total of 168 left humeri were measured according to standard osteometric techniques. The differences between the means in males and females were significant (p < 0.0005). About 92.3% of cases were correctly classified when all measurements were applied jointly. Stepwise procedure produced an accuracy rate of 92.9%. The most effective single dimension was vertical head diameter (89.9%). The current study provides standards for a population that has not been represented so far in the existing databases. It demonstrates that the humerus is an effective bone for the estimation of sex because even in a fragmentary state it can give high classification accuracy.     

上市公司定期报告信息披露违法董事责任认定研究

中国证监会对上市公司信息披露违法案件中董事责任的追究,是遏制信息披露违法、促使上市公司规范运作的重要手段。中国证监会对上市公司定期报告披露违法的行政处罚案例的分析和整理表明:中国证监会在对董事行政责任中责任主体的认定、归责原则的确立、具体行为标准的产生和应用等方面,补充和完善了现有法律规定的不足,丰富了我国信息披露制度和上市公司治理规则。     

College education requirements for police entry level and promotion: A study

Administrators of law enforcement agencies are increasingly caught up in conflicts between demands to increase educational standards for police officers and the need to justify those increased standards based upon job relevance. On the one hand, national commissions suggest four year degree prerequisites for entry level into police work; on the other hand, police administrators are reluctant to impose rigid higher educational requirements because of possible negative ramifications such as a limited recruitment pool, rapid officer turnover, and court mandates to prove the job relevance of a college education. This study addresses these concerns by reviewing current empirical studies and relevant court decisions which add insight into this topic and which will, hopefully, assist administrators in making decisions regarding college educational requirements for hiring and promotion.     

The Merowe Dam Project – When Does the Coin Flip from Legal Business Activity to Criminal Behavior? Reflections on the Concept of Guarantor’s Liablity in the Context of Transnational Business Activities

The individual liability of corporate officers for crimes that are often framed as transnational human rights abuses is much debated. While it seems that some standards of liability are developing in the field of international criminal law, standards of criminal liability in cases where the alleged crimes do not amount to international crimes remain to some extent unclear. This article will examine a concrete case that was investigated by the Frankfurt/Main prosecutor’s office. Additionally, it will be considered whether international soft law standards on corporate human rights due diligence have an influence on how the existing standards of guarantor’s liability, and especially that of principals (Geschäftsherrenhaftung), are to be interpreted in these cases.