大学生网络虚拟群体的特点及问题研究

大学生网络虚拟群体是以电脑网络为沟通、联系平台建立的非正式群体。它有非正式群体的一般特征，又表现出一些新特点。网络虚拟群体的产生、发展影响了大学生的成长、成才，阻碍社会主义合格建设者和可靠接班人的培养。应研究大学生网络虚拟群体的特点，分析存在问题的成因，为进一步开展网络虚拟群体研究，加强网络文化建设和管理奠定基础。     

Law,culture and massively multiplayer online games

Massively multiplayer online games (MMOGs) are now a major international phenomena. Millions of people can play together online, readily navigating boundaries between nations, languages and legal jurisdictions. The communities around some of these games are huge, of a size equivalent to a large city or small nation. This article explores three themes, labelled for conceptual purposes ‘games as legal spaces’, ‘games need lawyers’, and ‘lawyers need games’. It argues that games are inherently legal spaces, infused with legal-ness in a variety of ways; that more direct engagement from the legal community would be of tremendous value in making these systems, and the entertainment spaces which they regulate, ‘better’; and that we have a great deal to learn about law and about the regulation of the online space from games. The article concludes with the proposition that there is an opportunity for impactful knowledge exchange between legal scholars, MMOG developers and publishers, and the gaming community.     

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.     

An overview of EU data protection rules on use of data collected online

In the third of our series of articles considering the EU’s limited harmonisation of the laws regulating the activities of businesses using the Internet, we look at EU rules on the use of data collected online. We consider the principles governing the processing of personal data collected online. We then discuss the new rules on the use of cookies and the practical difficulties facing website operators in complying with them and conclude with a brief overview of the rules governing the transfer of personal data outside the EEA.     

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.     

Trusted notifiers and the privatization of online enforcement

Online content is increasingly enforced by private parties based on private regulation. One recent trend in the takedown of unlawful online content is the emergence of models, where trusted third parties – private or public – are given privileged notification channels for flagging infringing content.Despite increasing practical importance, these arrangements have received little scholarly attention. This article explores the functioning of trusted notifier-models and how they are addressed by the European lawmaker in the context of two intermediaries, online platforms and domain name registries. Depending on intermediary, trusted notifier-models can both be seen as extension of the existing notice-and-takedown regimes and an additional voluntary expedited-enforcement layer. The author argues that these trusted notifier-models are problematic given the broad room of autonomy that the legislator is leaving to private parties. Whereas models involving public authorities are subject to general administrative law principles as well as constitutional and human rights safeguards, the framework for private regulation (i.e. without intervention of public actors) is less clear. In the field of domain names, these legitimacy issues give raise to special concern given the detached relation between domain names and website content. The paper criticizes the lack of insights into existing arrangements and calls for increased transparency. The author concludes that a legislative minimum framework is desirable.     

Criminal Exploitation of Online Systems by Organised Crime Groups

This article considers how information and communications technologies (ICT) can be used by organised crime groups to infringe legal and regulatory controls. Three categories of groups are identified: traditional organised criminal groups which make use of ICT to enhance their terrestrial criminal activities; organised cybercriminal groups which operate exclusively online; and organised groups of ideologically and politically motivated individuals who make use of ICT to facilitate their criminal conduct. The activities of each group are then assessed in relation to five areas of risk: the use of online payment systems, online auctions, online gaming, social networking sites and blogs. It is concluded that the distinction between traditional organised crime groups and the other two groups—cybercriminal groups and ideologically/politically motivated cyber groups—is converging, with financially-motivated attacks becoming more targeted. Legislation will need to adapt to deal with new technological developments and threats that organised criminals seek to exploit.

Adolescents Online: The Importance of Internet Activity Choices to Salient Relationships

The purpose of this study was to determine whether using the Internet for different activities affects the quality of close adolescent relationships (i.e., best friendships and romantic relationships). In a one-year longitudinal study of 884 adolescents (Mean age = 15, 46% male), we examined whether visiting chat rooms, using ICQ, using the Internet for general entertainment, or participating in online gaming predicted changes in the quality of best friendships and romantic relationships. Multiple regression analyses indicated that Internet activity choice influenced later relationship quality in both best friendships and romantic relationships. Using instant messaging (ICQ) was positively associated with most aspects of romantic relationship and best friendship quality. In contrast, visiting chat rooms was negatively related to best friendship quality. Using the Internet to play games and for general entertainment predicted decreases in relationship quality with best friends and with romantic partners. These findings reflect the important and complex functions of online socialization for the development and maintenance of relationships in adolescence.

平台用工劳动权益保护的立法进路

我国互联网平台工人数量多达数千万,且增长迅速。平台工人面临身份不明确、工作时间长、收入不稳定、职业伤害保障缺失、算法运行不合理等突出问题。由于平台用工的特殊性,现有劳动法及其司法实践难以为平台工人提供有效保护。近年来,越来越多的国家,包括美国、法国、意大利等对平台工人进行了专门立法。我国有必要出台平台工人权益保护专门立法。平台工人权益保护立法的基本思路是确保符合"劳动者"标准的工人得到劳动法保护,并为一般平台工人提供基本劳动权益保障。立法应通过劳动关系举证责任转移规则,使平台工人身份得到正确归类。平台工人的基本权益内容应根据所有工人应享有的基本权益、平台用工的灵活性以及平台主要依靠算法运行的特点而设计,应赋予平台工人平等就业、职业安全卫生、工资、工时、加入工会和集体协商等方面的权利,以及与算法相关的权利。