Now you see it,now you don’t: digital images and the meaning of ‹possession’

The advent of digital technology has had a profound impact on the production and distribution of child pornography. The international trade in such material is a major focus of law enforcement agencies around the world. Central to these efforts is the offence of ‹possession.’ However, concepts of possession in the criminal law evolved in the context of tangible items such as drugs, and their application to intangible data presents significant challenges. Drawing upon the laws of Australia, Canada, England and the United States, this article analyses the concept of criminal possession in a digital context. While courts and legislatures are adapting to these new challenges, in some cases it is argued that the offence of possession is being stretched too far. It is suggested that some of these difficulties may be avoided by utilising an offence of ‹accessing’ child pornography. Senior Lecturer, Faculty of Law, Monash University. I am grateful to Dr. Dale Smith for his helpful comments on an earlier draft of this article.     

Internet subcultures and pathways to the use of child pornography

With continual advances in Internet capability the child pornography market is experiencing a boom in demand and supply. Attempts to reduce the market challenge legislators, law enforcement agencies, practitioners and researchers alike – due in large part to the decentralised and global nature of the Internet. Much research has focused on frequent users of child pornography and whether such behaviour is interrelated with child sexual assaults. This article instead draws attention to onset, the first deliberate viewing of child pornography. It presents the results of a three-month study of a global Peer-to-Peer network, isoHunt. Analysis of the site’s Top 300 search terms indicated that child pornography is consistently shared. Risk factors for onset are discussed, including the potential normalisation of child pornography among Internet subcultures. Strategies are discussed to encourage subcultures to inhibit child pornography use and to increase understanding of the harms associated with such material. Implications for legal systems, policy and research are explored.     

医师注意义务产生的渊源--医师的注意义务系列研究(2)

医师注意义务的渊源既要考虑切实保护患者的利益，又要考虑将注意义务限定在合理的范围之内。医师注意义务的渊源应包括法律、法规、规章制度和具体操作规程，以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务。     

医师注意义务产生的渊源--医师的注意义务系列研究(2)

医师注意义务的渊源既要考虑切实保护患者的利益,又要考虑将注意义务限定在合理的范围之内.医师注意义务的渊源应包括法律、法规、规章制度和具体操作规程,以及职务和业务上的习惯和常理、接受期约或委托所要求的注意义务.     

Commission's Action Plan to combat counterfeiting and piracy: right-holders, help yourself, and the Commission will help you!

The European Commission's Directorate General Taxation and CustomsUnion (DG TAXUD), in charge of the monitoring of border measuresunder Regulation 1383/2003, invited right-holders and otherinterested parties to an informal meeting in Brussels on 24February 2006.     

What you don't know can hurt you: why managed care organizations have a legal duty to disclose the use of financial incentives to limit medical care

This article, winner of the 2000-2001 American Health Lawyers' Student Writing Competition, examines the conflicting policy goals at the heart of managed care--particularly in the use of financial incentives for physicians who limit their use of referrals and expensive diagnostic tests. While conceding the legality of such incentives, the author contends that Managed Care Organizations (MCOs) have a legal duty to disclose their existence to beneficiaries. After analyzing the basis for imposing a duty to disclose, the author proceeds to examine such issues as the proper timing, level, and extent of disclosure.     

Offering financial services over the Internet: What is possible and how to protect consumers?

Modern means of communication are increasingly being used for the provision of financial services. This paper shows that although in Belgium it is legally possible to conclude an agreement relating to financial services completely online, in practice it often remains impossible to perform all legal acts to conclude the contract electronically. However, this does not mean that Belgian consumers actually have to go to their financial institution to sign the contract, since many institutions enable consumers to enter into a distance contract. In view of this, this paper also aims at examining whether the techniques which are being used by the legislator to protect consumers – i.e. the obligation to provide certain information and the right to withdraw from the contract – are effective.     

The will to win: Determinants of public support for the drug war in Belize

The premise of this paper is that the drug war cannot be won without the public's full commitment. Based on a random sample of households (n=532) in Belize City, public attitudes are analyzed to assess the degree of support for drug enforcement. The findings show strong support for drug education as well as for increasing criminal sanctions and the size of the police force. Support fades, however, as drug enforcement is militarized. The significant determinants of public support are education, gender, attitudes toward the police, fear of property crime, and neighborhood crime prevalence. The paper closes by offering two concrete ways to build public support for drug enforcement.An earlier version of this paper was presented at the Academy of Criminal Justice Sciences Conference in Nashville, Tennessee, March 1991.     

医师注意义务的概念及其与医疗过失行为的关系--医师的注意义务系列研究(1)

医疗过失问题,是医患纠纷的焦点.医师的过失行为本质是一种客观过失,是对医师注意义务的违反,因为任何医师在自己从事特定的医疗行为时都必须达到相应的医疗水准.医师的注意义务是指医师在医疗行为时依据法律、法规、规章制度和具体操作规程,以及职务和业务上的习惯和常理、接受期约或委托的要求等保持足够的小心谨慎,以预见医疗行为的结果和避免损害结果发生的义务.     

医师注意义务的概念及其与医疗过失行为的关系--医师的注意义务系列研究(1)

医疗过失问题，是医患纠纷的焦点。医师的过失行为本质是一种客观过失，是对医师注意义务的违反．因为任何医师在自己从事特定的医疗行为时都必须达到相应的医疗水准。医师的注意义务是指医师在医疗行为时依据法律、法规、规章制度和具体操作规程，以及职务和业务上的习惯和常理、接受期约或委托的要求等保持足够的小心瑾慎．以预见医疗行为的结果和避免损害结果发生的义务。     

网络诽谤犯罪立案管辖之困境与价值抉择

本文对网络诽谤犯罪案件载体与形式进行了重新评估,并解释了刑法扩张的合理性,试图从诽谤犯罪规制的价值选择出发,考察域外法制,平衡社会公益与公民权利,平衡言论自由与公民人格尊严,提出修正现行法律规范的建议,或加强公权力救济、强化现行法律框架下的侦查权合理运行。