青少年“网瘾”者矫治措施的合法性研究

本文从界定“网瘾”的概念入手,对目前我国矫治青少年“网瘾”所采取的种种措施之合法性展开研究．笔者认为,我国目前的“网瘾”概念有被扩大使用的情况。这种情况反而可能会侵害接受矫治的青少年之合法权益。     

Private browsing: A window of forensic opportunity

The release of Internet Explorer 10 marks a significant change in how browsing artifacts are stored in the Windows file system, moving away from well-understood Index.dat files to use a high performance database, the Extensible Storage Engine. Researchers have suggested that despite this change there remain forensic opportunities to recover InPrivate browsing records from the new browser. The prospect of recovering such evidence, together with its potential forensic significance, prompts questions including where and when such evidence can be recovered, and if it is possible to prove that a recovered artefact originated from InPrivate browsing. This paper reports the results of experiments which answer these questions, and also provides some explanation of the increasingly complex data structures used to record Internet activity from both the desktop and Windows 8 Applications. We conclude that there is a time window between the private browsing session and the next use of the browser in which browsing records may be carved from database log files, after which it is necessary to carve from other areas of disk. It proved possible to recover a substantial record of a user's InPrivate browsing, and to reliably associate such records with InPrivate browsing.     

Types of organised crime in Italy. The multifaceted spectrum of Italian criminal associations and their different attitudes in the financial crisis and in the use of Internet technologies

This paper discusses the opportunity to differentiate four different criminological types of organised crime in Italy by drawing on a subset of case studies and interviews to law enforcement officers and experts collected for two on-going research projects. We hypothesise that, since these types exploit different social opportunity structures for their criminal activities, they have different capacities of adaptation and react differently when confronted with different kinds of innovations and changes. We test these four types against two significant phenomena that have been deeply impacting Italian society, among others, recently: the commercialization of the Internet and the economic and financial crisis that has hit Europe since late 2008. We conclude that these types offer a valid help to guide our understanding of what organised crime is today in Italy, as well as to assess the capacity of the existing legal framework to properly face all them. These criminological types could also serve as lenses to filter the different experiences of organised crime in other European countries, thus facilitating comparative research.     

浅议互联网金融背景下的非法集资问题

非法集资在互联网金融兴起的背景下呈现进一步多发的态势,且呈现出一些新的特征。监管机关和司法机构对非法集资的管制和处罚也进一步加强,这固然是有利于保护金融消费者的权益,但是过于严苛的管制和认定也与互联网金融大背景下整体放松管制的趋势相矛盾,有可能伤及无辜并遏制互联网金融的创新和活力。为此,通过总结互联网金融领域非法集资的犯罪特征,深入解读最新的司法解释,将有助于完善非法集资的防控体系。     

From porn to cybersecurity passing by copyright: How mass surveillance technologies are gaining legitimacy … The case of deep packet inspection technologies

Recent coverage in the press regarding large-scale passive pervasive network monitoring by various state and government agencies has increased interest in both the legal and technical issues surrounding such operations. The monitoring may take the form of which systems (and thus potentially which people) are communicating with which other systems, commonly referred to as the metadata for a communication, or it may go further and look into the content of the traffic being exchanged over the network. In particular the monitoring may rely upon the implementation of Deep Packet Inspection (DPI) technologies. These technologies are able to make anything that happens on a network visible and recordable. While in practice the sheer volume of traffic passing through a DPI system may make it impractical to record all network data, if the system systematically records certain types of traffic, or looks for specific patterns in all traffic, the privacy concerns are highly significant. The aim of this paper is twofold: first, to show that despite the increasing public awareness in relation to the capabilities of Internet service providers (ISPs), a cross-field and comparative examination shows that DPI technologies are in fact progressively gaining legal legitimacy; second to stress the need to rethink the relationship between data protection law and the right to private life, as enshrined in Article 8 of the European Convention on human rights and Article 7 of the European Charter of fundamental rights, in order to adequately confine DPI practices. As a result, it will also appear that the principle of technical neutrality underlying ISP's liability exemptions is misleading.     

互联网时代高校“两课”教育面临的机遇和挑战

互联网的迅速发展改变着人们的生活、学习、工作与思维方式,也给高校教育产生巨大的冲击.文章从分析互联网社会的特点出发,阐述其对高校"两课"教育带来的机遇与挑战.     

互联网信息侦查应用问题研究

互联网信息技术的普及和发展,在给人们生活带来更多便利的同时,也被一些违法犯罪人员加以利用,成为滋生犯罪的新鲜土壤。针对犯罪分子利用互联网这一新的特点,侦查部门可以有针对性地对互联网信息进行收集、分析、整理和研判,对互联网信息的进行综合应用,从而有效地实现侦查破案、打击刑事犯罪的任务。     

On the use of play theory in analyses of online public commentary

Abstract

The concept of play mediates between deliberation as a mode of reason and resistance as a mode of culture, thus opening a way to think about hostile comment (e.g., ‘flaming’) on online news forums as normal patterns of behaviour, instead of a departure from the received view of how citizens ought to consider matters of public interest. The play concept corresponds with current thinking around the notion of cultural citizenship. To illustrate the relevance of play theory in the analysis of online political discourse, this article uses an example from recent posts concerning the Protection of Information Bill (POIB) in the online site of the South African Mail & Guardian newspaper. The cogency of play theory to the concept of citizenship is argued through a discussion of how citizenship has been understood from the 1930s to the late 1980s and early 1990s, when the improved capacities of information and communications technologies (ICTs) made online deliberation a normal site for citizenship to be exercised.     

The Palestinian intifada: An analysis of a popular uprising after seven months∗

This study challenges the conventional wisdom that the Internet is a reliable source of operational knowledge for terrorists, allowing them to train for terrorist attacks without access to real-world training camps and practical experience. The article distinguishes between abstract technical knowledge (what the Greeks called techne) and practical, experiential knowledge (mētis), investigating how each helps terrorists prepare for attacks. This distinction offers insight into how terrorists acquire the practical know-how they need to perform their activities as opposed to abstract know-what contained in bomb-making manuals. It also underscores the Internet's limitations as a source of operational knowledge for terrorists. While the Internet allows militants to share substantial techne, along with religious and ideological information, it is not particularly useful for disseminating the experiential and situational knowledge terrorists use to engage in acts of political violence. One likely reason why Al Qaeda and other Islamist terrorists have not made better use of the Internet's training potential to date is that its value as a source of operational knowledge of terrorism is limited.     

An investigation into the applicability of the Ward and Siegert Pathways Model of child sexual abuse with Internet offenders

Abstract

This study examined the applicability of the Ward and Siegert (Psychology, Crime & Law, 8, 319–351, 2002) Pathways Model of Sexual Offending to a sample of Internet offenders. The Pathways Model identifies five etiological pathways, each with primary psychological deficits that interact to create a vulnerability to sexual offending behavior. The applicability of this model was tested on a sample of 72 cases drawn from a community sample in England and Wales, via the analysis of primary and associated psychometric indicators of pathway membership. Sixty per cent of men in the sample were found to display dysfunctional psychological mechanisms (43 cases). Two pathways were found to be particularly prominent: the intimacy deficits pathway and the emotional dysregulation pathway. The implications for future treatment and the appropriateness of current treatment programs for this population are examined in the light of these findings.