ECJ provides further guidance on the ambit of database right

Following on from the European Court of Justice's ruling on database right in the Directmedia case, the Court has looked in more detail at the protection afforded by database right, and provided further clarification of the meaning of ‘extraction’ and ‘substantial’, particularly in relation to modular databases comprised of several sections. The ECJ's ruling is positive for database owners for the most part, bolstering its previous broad interpretation of the acts of ‘extraction’ that can infringe and considering in more detail other points touched on in the Directmedia, British Horseracing Board and Fixtures Marketing cases. This article discusses the outcome and implications of the ruling.     

Ideal log setting for database forensics reconstruction

The ability to reconstruct the data stored in a database at an earlier time is an important aspect of database forensics. Past research shows that the log file in a database can be useful for reconstruction. However, in many database systems there are various options that control which information is included in the logs. This paper introduces the notion of the ideal log setting necessary for an effective reconstruction process in database forensics. The paper provides a survey of the default logging preferences in some of the popular database management systems and identifies the information that a database log should contain in order to be useful for reconstruction. The challenges that may be encountered in storing the information as well as ways of overcoming the challenges are discussed. Possible logging preferences that may be considered as the ideal log setting for the popular database systems are also proposed. In addition, the paper relates the identified requirements to the three dimensions of reconstruction in database forensics and points out the additional requirements and/or techniques that may be required in the different dimensions.     

The Italian Mediation Explosion: Lessons in Realpolitik

Between the time that the first modern Italian mediation statutes were issued in 1993 and March 2011, when mandatory mediation procedures under Italian Legislative Decree 28/2010 went into effect, an interesting paradox emerged in Italian mediation: mediation usage was virtually nonexistent despite the high success rates of mediated cases. Clearly, the mere availability of mediation was not sufficient to attract disputants away from the courts, even though the Italian court backlog skyrocketed to 5.4 million cases during this period. Decree 28/2010 was issued by the Italian government to address this paradox through a mandatory mediation requirement, but the law has faced significant opposition from some members of the Italian bar in the form of public strikes and legal challenges. Legislators have responded to this dissent with reactionary amendments to “cure” problems in the regulatory structure, even though there has also been significant positive attention paid to the Italian mediation model at the European level. As the opposition to Decree 28/2010 now appears to be diminishing and recent data indicate that mandatory mediation is achieving its objectives (to the tune of tens of thousands of mediated cases since March 2011), two lessons in realpolitik emerge for mediation proponents. First, nothing less than compulsion can rapidly increase mediation use. Second, the legislator who compels mediation without openly engaging the opposition is not mediation savvy, for even in compelling a policy choice, one should be respectful and mindful of the opponent's position, if for no other reason than to minimize his or her opposition to the final result.     

There's more to it than data protection – Fundamental rights,privacy and the personal/household exemption in the digital age

Heated debates triggered by the plans to introduce the “right to be forgotten” exposed problems the all-encompassing application of rules on data processing may cause in practice. The purpose of this article is to discuss the compatibility of these rules with the rapidly evolving online environment in the context of the need to guarantee human rights on the internet. The author argues that there is an imbalance in the protection of individual rights online. It results from the limited application of personal/household exception and, in general, the narrow understanding of the concept of online privacy. According to the author in order for data protection laws to flesh out not only the fundamental right of data protection, but also play a mediatory role in balancing other rights, the application of the personal/household exception should be extended to include private online activities. This would reflect the complex character of the very concept of online privacy, diversity of actors and activities shaping online “territories”, as well as the increasingly heterogeneous fabric of the Web.     

Use of sibling pairs to determine the familial searching efficiency of forensic databases

Pairs of individuals tested at the 13 CODIS core STR loci to determine sibship were used as a source of familial data that was seeded into a larger data set of 12,000 plus DNA profiles simulating a CODIS-like offender database. To determine whether known sibs could be found in the larger database two methods were used: degree of allele sharing and a kinship matching approach. The allele sharing method detected 62 of 109 of the known sib pairs (57%) while kinship matching detected 90 of the sib pairs (83%). Although kinship matching was the more efficient method of the two, the number of false positives generated prior to finding a true match was inversely related to the likelihood of sibship suggesting that many true siblings would not be easily found in a large forensic database via familial searching techniques.     

Mandatory implementation for in-vehicle eCall: Privacy compatible?

This article examines whether there are any objections to implementing a mandatory eCall system in the Community and how these could be dealt with. It starts with a short introduction to the motives why the European Commission considers a mandatory in-vehicle eCall. The art. 29 Working Party has issued a working document on eCall identifying several issues regarding personal data protection. The issues in this document will serve as a reference to determine whether there are any objections regarding data protection to implementing a mandatory eCall system. Additionally we will look at a possible eCall implementation in the Community.     

专家库管理系统在社科管理工作中的理论与实践

充分发挥天津市哲学社会科学高级人才库管理系统的作用,为天津人力资源的有序利用和开发奠定良好的基础。     

Malapportionment in space and time: Decompose it!

Existing studies on legislative malapportionment often conceptualize and measure this phenomenon with little regard to intertemporal variations and the malapportionment-generating process (MGP). Our conceptualization leads us to introduce a measure called α-divergence that can identify the vote inequality derived from various stages of MGP. Using an originally created database that covers 440 elections in 112 countries, we decompose the overall degree of malapportionment into three stages: malapportionment that arises at the stages of interstate apportionment, intrastate districting, and allotment of seats to special districts. We also provide analyses that can decompose the demographic and political factors contributing to the trends of the overall degree of malapportionment for selected countries.