Cybercrime is whose responsibility? A case study of an online behaviour system in crime

Drawing on Sutherland’s theory of behaviour systems in crime, this study investigates social media fraud (SMF) facilitated by botnets to understand the onset and maturation of this new online offending behaviour. We find legitimate actors in the system – Internet of Things manufacturers, online social networks, hosting companies and law enforcement agencies – share a way of life that prioritises private gains and avoids implicit responsibility for security. They arrive at a Nash equilibrium that provides a weak and disorganised social response to crime. SMF providers, on the other hand, are cleverly organised and exploit weaknesses in security, adapting to change and developing working relationship with those who benefit from their activities and share their lenient behaviour towards fraudulent activities. We conclude that the rise in cybercrime is a result of the behaviours of all actors in the system, not just those who offend.     

Search engines and Internet defamation: Of publication and legal responsibility

When the Internet user keys a search term and clicks “enter”, a series of snippets, images and html links will appear typically running into several web pages. In the case of Autocomplete suggestions, the result appearing on the bar changes with each keystroke even before the user clicks “enter”. As a result, in the course of finding search results from the original search term, the user is constantly provided with suggestions of other search terms. The search results and Autocomplete suggestions may be defamatory of individuals and businesses by associating them with dishonest and improper activities or conduct. Should search engines be regarded as a publisher of such defamatory search results and/or Autocomplete suggestions? What is the appropriate legal approach for establishing search engine responsibility in such instances? The paper considers the above questions by reference to case precedents drawn primarily from common law jurisdictions and commentaries on the liability of search engines and other Internet intermediaries as well as policy rationales and considerations.     

Shuttle and Online Mediation: A Review of Available Research and Implications for Separating Couples Reporting Intimate Partner Violence or Abuse

Whether family law cases with a history of severe intimate partner violence and/or abuse (IPV/A cases) should have the option of settling family‐related issues using mediation is the subject of significant debate. Recommendations for potentially safer ways to mediate IPV/A cases have been developed, including shuttle and online mediation. Given the current lack of research on these forms of mediation with IPV/A cases, we review the research on shuttle and online mediation in other contexts and theorize how the findings might apply to IPV/A cases. We argue that, although online and shuttle mediation may benefit IPV/A cases, aspects of these procedures require special considerations.     

The liability of website owners for defamation in Israel: A challenge yet to be solved?

From the end of the twentieth century to the present we have witnessed the effects of technology on the way we consume and distribute information. The print media, which in many ways was the natural product of the printing revolution, has given way to the electronic media with websites providing the new “town squares” in which the public discourse is held on political, economic and social issues among others. The Israeli legal system, like the legal systems in other countries, faces a variety of challenges and complex ethical and legal issues when required to regulate (often retrospectively) the manner and processes through which the discourse will be conducted in the virtual “town hall”. In essence, this article focuses on one of the many questions occupying the Israeli legal system and that is whether website owners should be liable in defamation for speech published by third parties on the Internet (through blogs, tweets on Twitter, posts on Facebook,¹ uploaded video clips on YouTube and the like) when no connection exists between the third party and the site owner apart from the fact that the third party has used the website as a platform to publish the offensive speech. The issue of the liability of the website owner has ramifications for the injured party's capacity to institute an action for defamation against the website owner, as often only the latter will be in a position to compensate the injured party (financially) for the offensive speech. The Israeli legal system, which in many ways furnishes a unique and interesting framework for examining the question posed above, as we explain in the body of the article, presents a fascinating example of how the Israeli legislature and the courts have dealt and continue to deal with claims filed against website owners for damage to reputation as a result of speech published by third parties. The article offers a comprehensive review of the status of the right to freedom of speech, anonymity and the right to reputation in Israel, the considerations for and against the imposition of liability on website owners and the latest case law on these questions.     

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.     

越南图书馆藏《策学提纲》考论

祝尧是元代江西籍著名的文论家,曾编纂有《古赋辨体》、《策学提纲》等4部有关科举考试的著作,《策学提纲》是元代试策的一部重要文献,国内图书馆无存,今据越南图书馆所藏阮俦注释本略作考释,并就其流传与越南的科举试策制度略作说明。     

Teaching Forensic Entomology,Forensic Anthropology,and Haematology & Serology during the COVID-19 pandemic: Practical activities for distance learning

As the COVID-19 pandemic upended college and university instruction throughout the world, instructors were hard-pressed to find suitable alternatives for practical activities typically carried out outside of classrooms—in laboratories, workshops, clinics, and in the field. In response to this unanticipated challenge, they relied on their ingenuity to achieve pre-pandemic goals under pandemic conditions that necessitated the shift to online teaching. The Forensic Science Undergraduate Program housed in the School of Medicine of the National Autonomous University of Mexico was not exempt from this educational upheaval but, due to its interdisciplinary nature, required creating and/or adopting a wide range of activities capable of training students to perform practical tasks associated with subject areas that span the natural and social sciences, the humanities, and the law. This report aims to describe the approaches undertaken in three subjects (Forensic Entomology, Forensic Anthropology, and Hematology & Serology) by interviewing instructors and examining their teaching materials. Also, through online surveys, students’ reactions to these approaches were elicited to learn about their suitability and teaching potential. Instructor’s experiences during the pandemic have proven to be a rich source of ingenious solutions, with implications well-beyond the current crisis, such as creating blended or fully online courses aimed at larger numbers of students, forensic and legal professionals, and even other instructors. The wide variety of forensic sciences offers the opportunity to innovate and improve the teaching and learning of science, particularly to the benefit of students that must combine their school tasks with professional and/or family duties.     

The web of plenty: Leveraging the abundance of free,on-demand online forensic content

The move to online instruction forced many educators towards the task of producing recorded content, many for the first time. The result was that many instructors, usually those with limited or no remote-teaching experience, produced 60- to 90-minute audioonly lectures, recorded using Powerpoint or a conferencing platform, and posted them to a Learning Management System (LMS). Instructors more well-versed in online pedagogy or those who utilized instructional design best-practice training, produced video content more in-line with established research, which states that videos should be no longer than 6 to 15 min. Regardless of video length and quality, creating recorded content is time-consuming, resource-intensive, and arduous even for experienced educators.The alternative to self-created content is to mine the wealth of freely available forensic science videos, webinars, and web-based resources already posted to the internet. Prior to the move to remote instruction, some forensic educators integrated YouTube clips into lecture material. Post-pandemic, the quantity, and often quality, of online content has greatly increased. However, on-demand resources are spread widely across the internet. Whilst some repositories of material, such as webinars from individual organizations exist, other sources of content require more intentional searching.Identified content is meaningless unless integrated into a course or module’s learning objectives. Instructors may need to shorten lengthy webinars or edit extraneous material in order to maintain educational best practice. Finally, once content is captured and posted to a course LMS, an instructor must set up an accountability structure to ensure students are viewing and digesting required material. The first half of this paper will outline the types and locations of free, on-demand online forensic materials and resources. As forensic science education looks to the future, the creation and use of web-based resources is likely to increase. The second half of this paper will address what to do once content is identified and how to effectively utilize it within the framework of remote instruction best-practice. Existing content can help the educator work smarter, not harder. The wealth of online forensic resources can help illustrate concepts and add variety to LMS-posted content, leading to a more enriching experience for the student.     

民事再审检察建议的运行机制

民事再审检察建议既是完善司法权力监督制约机制的重要手段,也是构建和谐社会的必然要求,体现了中国法治自主型进路的选择。解决民事再审检察建议入法后在司法实践中呈现的问题,需要正确把握其发展方向,从充分保障下级人民法院依法独立行使审判权、正确处理民事再审检察建议与民事抗诉的关系、完善民事再审检察建议的备案程序、构建人民法院专门性审查机制、培养和建立外部运行司法生态等不同角度和层面共同完善其运行机制。     

大学生网络购物的心理透视及教育引导

网络购物在大学生群体中已经成为一种比较稳定且普遍的购物方式。大学生网络购物背后有三省心理(省时、省事、省钱)、好奇心理、从众心理、冲动心理、达人心理、娱乐心理和发泄心理。针对这七种心理,可以从合理认知网购体验,理性约束网购行为,开展网络消费教育,弘扬生态消费文化,构建良好的网络消费环境几方面来引导大学生网络消费向健康有序的方向发展。