Allocating responsibility among controllers,processors, and “everything in between”: the definition of actors and roles in Directive 95/46/EC

In Opinion 1/2010, the Article 29 Data Protection Working Party has provided additional guidance concerning the concepts of ‘controller’ and ‘processor’ contained in Directive 95/46/EC. This guidance aims to assist practitioners in their determination of whether an entity is acting as a controller or as a processor towards a particular data processing operation. Despite the fact that this opinion is informative, the existing framework still appears to leave room for a considerable amount of legal uncertainty. This uncertainty is attributable in part to the nature of the existing concepts, but also (and perhaps to a larger extent) to their apparent misalignment with current processing realities. In this paper, the author seeks to articulate why the existing concepts often remain difficult to apply in practice, in order to enable a constructive reflection on how these issues might be addressed in the future.     

Trust in the information society

Trust is an important feature for all users of the Internet who rely on the safety and security of network technologies and systems for their daily lives. Trust, or the lack of it, has also been identified by the European Commission’s Digital Agenda as a major barrier to further development of the information society in Europe. One of the areas in which concerns have been raised is in relation to children’s safety online. As a result, substantial efforts have been made by policymakers and by the industry to build greater trust and confidence in online digital safety. This paper examines what trust means in the context of children’s use of the Internet. Should policy on trust enhancement, for instance, include children’s own trust in the technologies or services they use or is it sufficient to seek to reinforce parental and adult confidence that children can be adequately protected? What is required to build that trust from either perspective? Does it need, or should it include a relationship of trust between parents and children? To tease out these questions further, the paper examines current European Union policy frameworks on digital safety, particularly industry responses to the call for a more trusted Internet environment for children, and argues that technical solutions to be effective need to carefully balance a number of competing objectives and to be sufficiently grounded in evidence of parental and child experience of the Internet.     

Mexico's Southern Flank: The “Third” U.S. Border

Mexico's crime-ridden southern frontier has become a veritable third U.S. border, as a constant flow of Central Americans and others cross into Mexico, often en route to the United States. As the number of unlawful migrants surges, their characteristics are changing: recent apprehensions include nationals of Caribbean, Middle Eastern, and Asian nations, and foreigners linked to terrorism are using Mexico as a thoroughfare to the United States. Mexico's immigration department is hindered by a number of factors in stanching this flow, and Mexican officials have only begun to publicly recognize the severity of the problem. Washington, too, must wake up to the security threat posed by Mexico's soft underbelly.     

日本国家赔偿特别领域要论

国会立法的内容被法院认定违反宪法时 ,属于国家赔偿法上的违法 ;立法不作为时 ,法院承认国会有广泛的立法裁量权 ,但也认为存在违法性不作为的情形。因行政权限不行使发生损害时 ,成立国家的赔偿责任 ,但受到国民法益的性质、违反的义务的性质、注意义务的基准等因素的影响。关于非权力作用 ,理论与判例均未形成一致认识 ,但在学校事故事件、行政指导及信息提供等方面 ,已有适用国家赔偿法的倾向。     

North Korea: The Case for Strategic Entanglement

North Korea is a state shrouded in secrecy, yet it receives an enormous amount of media attention. Its reclusive nature makes analysis difficult and speculative. What is certain is that a dangerous stalemate regarding nuclear weapons has persisted for far too long and is an obstacle to any real change in the political system. History, culture, and ideology all rule the state's actions; it is therefore a mistake to assume North Korean negotiators can act with autonomy. A new and dynamic means to deal with this dilemma should be developed, for the past has demonstrated that threats and demands will not coerce Pyongyang into submitting, in fact, that approach will only exacerbate the problem. An effective means to move beyond the stalemate is needed.     

“我的心在中国”——伊藤郁子的传奇人生

每逢佳节倍思亲2006年中秋节前夕,一位老奶奶通过电话向远在大洋彼岸的日本家人捎去问候。当家人再一次劝她回日本时,她说:“我爱樱花烂漫的日本,更爱社会主义的中国,我的心在中国!”