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181.
Rolf H. WeberAuthor Vitae 《Computer Law & Security Report》2011,27(2):133-138
Accountability of governing bodies in the Internet of Things (IoT) is of major importance and requires a partly different approach than applied in the (general) Internet. Improving accountability makes the implementation of new general principles necessary in order to provide for a stable and foreseeable legal framework on which businesses can rely. In particular, standards need to be introduced that hold governing bodies accountable, information should be made more readily available and beneficiaries of accountability must be able to impose some sort of sanction on the accountable in case of non-compliance. Improving accountability by creating such framework also supports the betterment of security in the Internet of Things. 相似文献
182.
Liqun CaoAuthor Vitae Yung-Lien LaiAuthor VitaeRuohui ZhaoAuthor Vitae 《Journal of criminal justice》2012,40(1):40
Purpose
The present study tests the hypothesis that regime nature as a structural characteristic explains variations in public confidence in the police.Methods
Combining five sources of data from 50 nations with 69,309 respondents, the current article extends the extant research by using hierarchical logistic regression analyses with ample sample sizes at both levels to test the hypothesis with a series of control variables.Findings
In addition to the largely consistent findings from the individual-level predictors, the results show that that there is a U-shaper convex curvilinear relationship between the levels of democracy and confidence in the police. Residents in long-term stable authoritarian regimes as well as in long-term stable democracies display elevated levels of confidence in the police, whereas short-term or unstable authoritarian nations and nations in democratic transition have the lowest level of confidence in the police. Besides, confidence in the police is higher among citizens in nations with more government efficiency and is lower among residents of countries with higher homicide rates.Conclusion
Regime nature is important in understanding confidence in the police. In addition, governments should make more efforts to promote their efficiency in order to win citizens’ support and they are expected to reduce homicide rates. 相似文献183.
Gisela BichlerAuthor Vitae Carlena A. OroscoAuthor Vitae Joseph A. SchwartzAuthor Vitae 《Journal of criminal justice》2012,40(1):83
Purpose
This research fulfills a void in offender mobility discourse. Metropolitan socioeconomic and spatial structure, defined in crime pattern theory as the urban backcloth, plays a significant role in shaping travel behavior; and yet, current analysis of offender mobility continues to favor individual characteristics to account for travel range.Methods
Using a large sample of juveniles, both delinquent and at-risk youth (N = 2,552), this study compared the predictive utility of individual characteristics against indicators of urban backcloth.Results
Delinquent youth were found to be more sensitive to the environmental conditions exerted by community-level socioeconomic characteristics than their at-risk counterparts. However, two factors—intercity hierarchical structure and motor vehicle access—accounted for travel variability among all youth.Conclusions
Offending behavior must be examined within the context of a dynamic environmental context formed by the metropolitan socioeconomic and spatial structure. Delinquents constitute an identifiable subgroup of youth. 相似文献184.
Daniel P. MearsAuthor Vitae Joshua C. CochranAuthor VitaeWilliam D. BalesAuthor Vitae 《Journal of criminal justice》2012,40(5):370
Purpose
This study examines gender differences in the effectiveness of prison in reducing recidivism.Methods
Using data on released male and female prisoners, we apply a propensity score matching methodology to compare the effects of prison on recidivism versus three counterfactual conditions—jail, intensive probation, and probation.Results
The analyses indicated that a prison term, as compared to placement on intensive probation or traditional probation, is associated with a greater likelihood of property and drug recidivism. There was little evidence that recidivism was greater when compared to jail, that prison increased the likelihood of violent or other recidivism, or that the criminogenic effect of prison is appreciably greater for females or males.Conclusions
The findings do not support arguments that prison is an effective alternative to non-incarcerative punishments or that it exerts a differential effect on females or males. Further research is needed on what features of the prison experience contribute to the observed effects. 相似文献185.
Cyber pornography plays an accessory role in negative social issues such as child abuse, violence against women, rape, inequality, relationship and family breakdown, youth crime, promiscuity and sexually transmitted diseases. Cyberspace and the pornographic matter transmitted through it have created challenges for India’s antiquated laws. The lack of jurisdictional boundaries and the sheer volume of traffic that the Internet can handle, as well as the potential for anonymity have resulted in a complete lack of control over what appears on the Web at the click of a mouse button. Before there was no liability of a cyber café owner but with the introduction of the Information Technology Amendment Act, 2008, the responsibilities of Cyber Café owners have only increased. This paper deals with the Cyber pornography, its legal implications and the liability of cyber café owner under the Information Technology Amendment Act, 2008. 相似文献
186.
The precautionary principle – which implies that where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing protective measures – has been adopted as a standard of environmental and health protection in international and European legislation. This article offers an overview of the precautionary principle as a legal standard applicable to European privacy and data protection legislation. For this reason, it takes particularly into account the guidelines of this legislation as well as the privacy impact assessment framework, raised by the European Commission through the Recommendation on Radio-Frequency Identification applications. In brief, the article stresses the role of the precautionary principle in improving privacy protection through liability, prudence and transparency. 相似文献
187.
Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,1 can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,2 Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,3 and the EU Copyright Directive (EUCD) 2001.4 It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).5 Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free. 相似文献
188.
Privacy by Design (PbD) is a kind of precautionary legal technology design. It takes opportunities for fundamental rights without creating risks for them. Now the EU Commission “promised” to implement PbD with Art. 23(4) of its proposal of a General Data Protection Regulation. It suggests setting up a committee that can define technical standards for PbD. However the Commission did not keep its promise. Should it be left to the IT security experts who sit in the committee but do not have the legal expertise, to decide on our privacy or, by using overly detailed specifications, to prevent businesses from marketing innovative products? This paper asserts that the Commission's implementation of PbD is not acceptable as it stands and makes positive contributions for the work of a future PbD committee so that the Commission can keep its promise to introduce precautionary legal technology design. 相似文献
189.
It is increasingly argued that the primary motive of the cybercriminal and the major reason for the continued growth in cyber attacks is financial gain. In addition to the direct financial impact of cybercrime, it can also be argued that the digital data and the information it represents that can be communicated through the Internet, can have additional intrinsic value to the cybercriminal. In response to the perceived value and subsequent demand for illicit data, a sophisticated and self-sufficient underground digital economy has emerged. The aim of this paper is to extend the author’s earlier research that first introduced the concept of the Cybercrime Execution Stack by examining in detail the underlying data objectives of the cybercriminal. Both technical and non-technical law enforcement investigators need the ability to contextualise and structure the illicit activities of the cybercriminal, in order to communicate this understanding amongst the wider law enforcement community. By identifying the potential value of electronic data to the cybercriminal, and discussing this data in the context of data collection, data supply and distribution, and data use, demonstrates the relevance and advantages of utilising an objective data perspective when investigating cybercrime. 相似文献
190.
The global ubiquity of cloud computing may expose consumers' sensitive personal data to significant privacy and security threats. A critical challenge for the cloud computing industry is to earn consumers' trust by ensuring adequate privacy and security for sensitive consumer data. Regulating consumer privacy and security also challenges government enforcement of data protection laws that were designed with national borders in mind. From an information privacy perspective, this article analyses how well the regulatory frameworks in place in Europe and the United States help protect the privacy and security of sensitive consumer data in the cloud. It makes suggestions for regulatory reform to protect sensitive information in cloud computing environments and to remove regulatory constraints that limit the growth of this vibrant new industry. 相似文献