打击网络犯罪国际规则的博弈与中国方案

现有的打击网络犯罪国际规范包括公约、协定(指令)和示范法三大类,其中公约类规范是网络犯罪国际规则博弈的焦点。欧洲委员会《布达佩斯公约》和俄罗斯提出的《联合国打击网络犯罪合作公约(草案)》虽然各有特点,但是均存在一定不足,难以成为中国参与网络犯罪国际规则制定的理想法律范本。联合国大会第74/247号决议的通过为网络犯罪规则制定提供了新的发展方向,制定全球性网络犯罪国际公约的中国方案应当以联合国为基础平台,尤其是注重发挥新设立的政府间专家委员会的作用,并将坚持主权原则、体现发展中国家的诉求、推动不同国家打击网络犯罪的协作作为核心主张。具体层面,应以倡导网络空间命运共同体、充分体现中国的经验做法、充分体现网络犯罪治理的时代性与前瞻性为指导理念,同时分总则、定罪、执法程序、国际合作、网络犯罪预防和最后条款等部分进行设计。     

Cybercrime Tendencies and Legislation in the Republic of Macedonia

The advancement of information and communication technologies opens new venues and ways for cybercriminals to commit crime. There are several different types of cybercrime offences that need to be treated in a separate and different manner. The major international source that provides guidelines for treatment of cybercrime is the Convention on Cybercrime adopted by the Council of Europe and the European Commission Action Plan. The purpose of the paper is to present, discuss and analyze the Macedonian legislation treating cybercrime, with respect to the specific cases typically encountered in practice and the international guidelines concerning cybercrime. The major source of cybercrime legislation in Macedonia is the Criminal Code with provisions thereof in ten of its articles; it addresses cybercrimes such as personal data abuse, copyright and piracy issues, production and distribution of child pornography, computer viruses, intrusions into computer systems, computer fraud and computer forgery. We also present and analyze reports on cybercrime complaints and victims from Macedonia, issued by the Internet Crime Complaint Center and the Macedonian Ministry of Internal Affairs. The reports reveal the unusually high number of complaints for perpetrators and victims originating from Macedonia. Furthermore, we highlight several recent cybercrime cases reported in Macedonia. All things considered, the Macedonian penal legislation is modern and it follows the current European and world standards. It provides guidelines for successful resolution of cybercrime committed in the Republic of Macedonia. However, it could be improved by a more active inclusion of Macedonian authorities in the global response to cybercrime and by stronger enforcement of cybercrime prevention measures and strategies.     

Families of Origin,Foster Care Experience,and the Transition to Adulthood

The rising number of young adults transitioning to adulthood from the foster care system has been a focus of prior research. The current study explored foster care youths transitions to adulthood to identify factors that contribute to or inhibit prosocial adult outcomes. Structured data derived from interviews with foster care‐experienced adults and child welfare professionals as well as focus groups with foster care‐experienced adults and foster parents were analyzed using content analysis to examine the transition to adulthood from foster care. Positive or negative life outcomes resulted from two key mechanisms: a) issues related to family of origin (inadequate parenting, abuse); and b) foster care experiences (including a pattern of “drift”). We explore disidentification, a new social psychological concept. Throughout, key players provide policy recommendations for the child welfare system.     

My Sassy Girl: a qualitative study of women's aggression in dating relationships in Beijing

The Korean film My Sassy Girl was very popular among young people in urban China in 2001. After the release of the movie, the new image of the "sassy girl" emerged in different media. This study uses the media image of the sassy girl as a stimulus material in interviews and focus groups to explore how young men and women make sense of women's aggression in dating relationships. This qualitative study is mainly based on two focus groups and in-depth interviews with 20 informants (13 female and 7 male). The study sheds light on how the competing and multilayered discourses in contemporary China regarding gender, love, and sex have left some space for young adults to justify women's aggression in dating relationships. We see how young adults in Beijing situate themselves within this set of social cultural discourses and make use of them to "do" their gender through their aggressive behavior and interactions with each other. New images of men and women are thereby created.     

“I Don’t Know Where it is Safe”: Trans Women’s Experiences of Violence

Scholars are only beginning to take account of how trans people experience violence motivated by their gender identity and expression. Based on a series of focus groups and interviews across Canada, this article aims to further this area of inquiry. The fear of victimization, and thus hyper-vigilance, seems to be particularly acute among trans women. Many of them spoke of the multiple and complex layers through which they defined “safety” and lack thereof. We share their experiences and perceptions of the threat of hate motivated violence, and their subsequent reactions.     

Strengthening the Connection Between Acquired Brain Injury (ABI) and Family Violence: The Importance of Ongoing Monitoring,Research and Inclusive Terminology

Family violence (FV) harms communities worldwide so FV prevention strategies and effective responses are urgently needed. This article reports on FV apparent in a study which explored the experiences of people with both ABI and justice system encounters in Victoria, Australia. One hundred interviews and one focus group consulted people with ABI, their families and carers, and various stakeholder groups in the Victorian justice system in Australia. Qualitative content analysis determined dominant themes and sub-themes and the less common themes. Inductive interpretive content analysis identified themes commonly found in previous published research and themes that appeared unique to, or unanticipated in, our data, such as the FV theme upon which this article focuses. Our findings reveal that FV has adversely affected many people with ABI who came into contact with Victoria’s justice system. Further, as ABI and FV often co-occur with substance abuse, mental health problems, socio-economic and many other significant disadvantages, for some FV perpetrators with an ABI, their ABI symptoms and characteristic co-morbidities may be a mitigating factor in their offending. The connection between ABI and family violence emerged as a troubling research theme. Indeed, the impact of FV on too many of our participants with an ABI compels us to call for further related research and secondary prevention programs targeted at FV victims, and offenders, living with ABI. An intersectional understanding of family violence and TBI/ABI in social ecological contexts is required to better understand brain injury at both individual and population levels.

     

Same Difference: The “Dilemma of Difference” and the Incarceration of Transgender Prisoners

This article examines the “dilemma of difference” transgender prisoners pose and face within a sex‐segregated prison system organized around the pursuit of safety and security. Our analysis uses data from a study of the culture and experiences of transgender prisoners in four men's prisons. Using qualitative data from interviews with transgender prisoners, focus groups with prisoners, and focus groups with staff, our findings reveal a common contention that transgender prisoners are (according to staff) and should be (according to prisoners) treated like everyone else, despite their unique situations. This further demonstrates the stakes that this dilemma carries for the prison regime and transgender prisoners’ roles in challenging it without engaging in overt resistance—which carries high stakes for them. Accordingly, we elucidate how the rigidity of an institutional structure built on inherent contradictions can have the potential to complicate the achievement of institutional goals.     

Opportunity and Self-Control: Do they Predict Multiple Forms of Online Victimization?

This study investigates the predictors of four types of cybercrime victimization/experiences: online harassment, hacking, identity theft, and receiving nude photos or explicit content. The effects of victimization opportunity and low self-control are examined as the primary independent variables in logistic regression analyses of data collected from a large sample of undergraduates enrolled at two universities in the United States. Results suggest that opportunity is positively related to each of the four types of online victimization, and that low self-control is associated with person-based, but not computer-based, forms of cybercrime. These findings speak to the utility, and also the limitations, of these perspectives in understanding cybercrime victimization risk among college students, and to the potentially criminogenic nature of the Internet.

     

Cybercrime investigation in Finland

Nordic police cooperation concerning cybercrimes has been developed during the last few years, e.g. through the Nordic Computer Forensics Investigators (NCFI) and Nordplus training programmes. More empirical research is needed in order to enhance cybercrime investigation and address the training needs of police officers. There is a knowledge gap concerning organizational models for the police’s cybercrime investigation: How the function is organized, what the professional characteristics of the staff are and how to combine computer forensics with crime investigation? The purpose of this paper was to study the organization of cybercrime investigation in Finland. Data were collected by a questionnaire from all 11 local police districts and the National Bureau of Investigation in July–August 2014. In addition, six thematic interviews of cybercrime investigators were conducted in 2014. Three investigation models of computer integrity crimes were found: (1) Computer forensic investigators conduct the entire pre-trial examination, (2) Computer forensic investigators conduct only the computer forensics, and tactical investigation is done by an occasional investigator, (3) Computer forensic investigators conduct only the computer forensics and tactical investigation is centralized to designated investigators. The recognition of various organizational models and educational backgrounds of investigators will help to develop cybercrime investigation training.     

Cybercrime and legislation: a critical reflection on the Cybercrimes Act, 2015 of Jamaica

Providing sound legislative measure is a critical part of the national and international responses to cybercrime. The primary objective of this research is to raise awareness of the recently enacted Cybercrimes Act, 2015 of Jamaica, which is examined through the lens of the Convention on Cybercrime. The substantive law provisions are explored and it is revealed that there is some level of harmonisation with the Convention on Cybercrime. The analysis also showed that cybercrime laws in Jamaica are a composite of related legislation where these ought to be taken in consideration in any analysis of the currency or suitability for fighting cybercrime.     

Redefining borders: The challenges of cybercrime

Cybercrime is the newest securitythreat in the world today, and is distinct from anyother threat facing the world. This paper attempts toplace cybercrime in relation to other securitythreats, as well as illustrate the uniquecharacteristics of cybercrime. First, aninvestigation of the major elements of cybercrime willbe conducted. After the parameters of cybercrime havebeen laid out, cybercrime will be analyzed as asecurity threat on both domestic and internationallevels. Finally, current security structures will beexamined for their effectiveness in controlling thethreat posed by cybercrime.     

Developing a citywide youth violence prevention plan: perceptions of various stakeholders

Researchers suggest that violence prevention requires community-wide efforts and partnerships that demonstrate commitment to youth development. Missing from this research, however, are studies considering how these partnerships are formed and how members of various groups involved in these partnerships perceive youth violence prevention. This study sought to fill this void. A series of seven focus group interviews were conducted with 85 stakeholders involved in developing a youth violence prevention plan in one community. Results suggest that the stakeholders were optimistic about developing violence prevention strategies and forging partnerships between various groups. Participants pointed to specific themes that provide a framework for understanding youth violence prevention planning efforts. Implications are provided.     

The Joy of Violence: What about Violence is Fun in Middle-School?

Violence prevention programs that aim to ameliorate or eliminate school-based violence (student-on-student victimization) often assume that students, like adults, regard school-based violence as aversive, harmful, problematic, and without any redeeming value. Nonetheless, students may experience violence as fun or enjoyable at school, and they may not see a reason to prevent violence if it brings them joy on some level. This study examined qualitative data from 30 face-to-face interviews with students (grades 6–8) in a single middle school. Content analyses clarified the social contexts in which students experience violence as fun, not fun, or a mixture of both. The results suggested that 70% of all sampled students reported enjoyable experiences with school-based violence. Conclusions examined the implications of these findings for prevention programs; future research is needed to correct for the methodological limitations of this study and others.     

‘Mastaans’ and the Market for Social Protection Exploring Mafia Groups in Dhaka,Bangladesh

This paper presents a study of mafia groups in Bangladesh. Drawing on the views and experiences of 22 street children, 80 interviews with criminal justice practitioners, NGO workers and community members and over 3 years of participant observation of the criminal justice system, the paper considers the ‘mastaans’: Bangladeshi mafia groups. The article draws on both theories of protection and behaviour to develop a social protection theory of the mafia. The article considers the social networks of mastaan groups, their prevalence, where they operate, divisions of labour, the crimes that they commit and the associations that they have with politicians and the police. The paper demonstrates that mastaans work in alliance with corrupt members of the state and they provide access to services, resolve disputes, commit extortion and carry out a wide array of criminal activity, much of which relies on their monopolisation of violence to protect their illegal industries. The paper demonstrates—for the first time—that mafias operate in Bangladesh and draws on data gathered from both adults and children, the implications of which are discussed.     

Cybercrime victimization among young people: a multi-nation study

This study examines cybercrime victimization, what some of the common characteristics of such crimes are and some of the general predictors of cybercrime victimization among teenagers and young adults. A combined four-country sample (Finland, US, Germany and UK; n = 3,506) is constructed from participants aged between 15 and 30 years old. According to the findings, online crime victimization is relatively uncommon (aggregate 6.5% of participants were victims). Slander and threat of violence were the most common forms of victimization and sexual harassment the least common. Male gender, younger age, immigrant background, urban residence, not living with parents, unemployment and less active offline social life were significant predictors for cybercrime victimization.     

Caregiving and quality of life

ABSTRACT

The increase in life expectancy for adults with learning disabilities has extended the caring role for their parents. This study examined the experiences of older parents who provide long-term care for their adult children with learning disabilities and how they conceptualise their quality of life. Data were collected using semi-structured interviews with 27 older parent carers from four London boroughs and were analysed using framework technique. Findings indicate that most parents appraised their quality of life positively and reported benefits, despite the challenges they had to negotiate daily. The benefits from caregiving, more so in later life, were: a connected family from shared caregiving; a sense of belonging; purposeful living; a reciprocal relationship with their adult children; and personal transformations from providing care that improved their quality of life. The challenges that participants regularly encountered were: multiple losses (sleep, career, identity and friends); the added stress of the government’s Personalisation Agenda of caring services; struggles for access to services; searching for a diagnosis; worry about future care and fear of abuse when carers are unable to continue in their role; unhelpful attitudes of health and social care professionals; and a lack of empathy from friends as well as the public towards people with learning disabilities. Caregiving and quality of life are inextricably linked and the difficulties that parents experienced were mainly associated with socio-structural barriers, rather than their children’s disabilities. Importantly, the findings inform the practice of social workers and others who support this unique group of carers by providing new insights into how caring impacts on quality of life over time and how best these parents’ needs can be met. This study makes a specific contribution to understanding the lived realities of older carers and extends current conceptualisations of caregiving and quality of life among older people.     

INTIMATE PARTNER VIOLENCE IN YOUNG ADULTHOOD: NARRATIVES OF PERSISTENCE AND DESISTANCE

Prior research on patterns of intimate partner violence (IPV) has documented changes over time, but few studies have focused directly on IPV desistance processes. This analysis identifies unique features of IPV, providing a rationale for the focus on this form of behavior cessation. We develop a life‐course perspective on social learning as a conceptual framework and draw on qualitative interviews (n = 89) elicited from a sample of young adults who participated in a larger longitudinal study (Toledo Adolescent Relationships Study). The respondents’ backgrounds reflected a range of persistence and desistance from IPV perpetration. Our analyses revealed that relationship‐based motivations and changes were central features of the narratives of successful desisters, whether articulated as a stand‐alone theme or in tandem with other potential “hooks” for change. The analysis provides a counterpoint to individualistic views of desistance processes, highlighting ways in which social experiences foster attitude shifts and associated behavioral changes that respondents tied to this type of behavior change. The analyses of persisters and those for whom change seemed to be a work in progress provide points of contrast and highlight barriers that limit a respondent's desistance potential. We describe implications for theories of desistance as well as for IPV prevention and intervention efforts.     

How organised is organised cybercrime?

To some writers and commentators, fully fledged organised cybercrime is currently emerging. Law enforcement spokesmen and Internet security firms have even made comparisons between the structure of cybercriminal enterprises and organisations like La Cosa Nostra. But, in reality, conventional criminal labels applied to cybercrime are themselves often poorly understood by those who employ them. The purpose of this research note is to apply scholarly rigor to the question of whether profit-driven cybercrime can fit underneath formal definitions of organised crime and mafias. It proceeds in three sections: the first section outlines academic definitions of organised crime, mafias and cybercrime; the second section assesses whether online cybercriminal trading forums, perhaps the most visible and documented examples of cybercriminal organisation, might constitute mafias as some contend; the third section briefly discusses some other less documented examples of ‘organised’ cybercrime and assesses the broader possibility of online groups being classified as organised crime groups.