The 2013 CLSR-LSPI seminar on electronic identity: The global challenge – Presented at the 8th International Conference on Legal,Security and Privacy issues in IT Law (LSPI) November 11–15, 2013, Tilleke & Gibbins International Ltd., Bangkok,Thailand

We are the middle of a global identity crisis. New notions of identity are made possible in the online world where people eagerly share their personal data and leave ‘digital footprints’. Multiple, partial identities emerge distributed across cyberspace divorced from the physical person. The representation of personal characteristics in data sets, together with developing technologies and systems for identity management, in turn change how we are identified. Trustworthy means of electronic identification is now a key issue for business, governments and individuals in the fight against online identity crime. Yet, along with the increasing economic value of digital identity, there are also risks of identity misuse by organisations that mine large data sets for commercial purposes and in some cases by governments. Data proliferation and the non-transparency of processing practices make it impossible for the individual to track and police their use. Potential risks encompass not only threats to our privacy, but also knowledge-engineering that can falsify digital profiles attributed to us with harmful consequences. This panel session will address some of the big challenges around identity in the digital age and what they mean for policy and law (its regulation and protection). Questions for discussion include: What does identity mean today? What types of legal solutions are fit for purpose to protect modern identity interests? What rights, obligations and responsibilities should be associated with our digital identities? Should identity management be regulated and who should be held liable and for what? What should be the role of private and public sectors in identity assurance schemes? What are the global drivers of identity policies? How can due process be ensured where automated technologies affect the rights and concerns of citizens? How can individuals be more empowered to control their identity data and give informed consent to its use? How are biometrics and location-tracking devices used in body surveillance changing the identity landscape?     

Developments in cybercrime law and practice in Ethiopia

With increasing access to information and communication technologies such as the Internet, Ethiopia has recently taken responsive legislative measures. One such legislative measure is enactment of cybercrime rules as part of the Criminal Code of 2004. These rules penalize three items of computer crimes namely hacking, dissemination of malware and denial of service attacks. The cybercrime rules are however slightly outdated due to changes that have occurred in the field of cybercrime since the enactment of the Code. The surge of new varieties of cybercrimes previously uncovered under the Code and the need to legislate tailored evidentiary and procedural rules for investigation and prosecution of cybercrimes have recently prompted the Ethiopian government to draft modern and comprehensive cybercrime legislation, but the draft law still needs further work on cybercrimes in light of other major legislative developments at regional and national levels. This article closely examines major developments in cybercrime law and practice in Ethiopia since the enactment of the first set of cybercrime rules and proffers recommendations towards a unified cybercrime regime.     

从罪刑均衡到罪责刑相适应——兼论刑法中“人”的消隐与凸显

刑法理论发展史上,经由刑事古典学派与刑事实证学派的对立纷争,罪刑关系经历了从罪刑均衡到"人"刑对应的演绎脉络。我国当代刑法理论确定罪责刑相适应原则,藉由刑事责任论的建构和充实,较为完美地实现了罪刑关系范畴中行为考察和行为人评价的统一。梳理从罪刑均衡到罪责刑相适应的发展历程,可以看出,伴随刑法理论的发展,犯罪人逐渐实现从消隐到凸显的地位变迁。当代刑法学的发展方向,应是日益重视行为人主体地位的确立和人格特征的评价。以此为视角,我国刑法学应从理论上更加重视主观因素和行为人因素的植入,在实践中更加关注行为人人身危险性的评价和犯罪恶性的改造。     

河北省未成年人犯罪基本情况调查及原因分析

采用艾森克个性问卷及自编基本情况调查表对395名未成年男犯进行调查,结果显示,未成年男犯在文化程度、作案地区、家庭结构及家庭教养方式等方面存在新的变化趋势,犯罪原因集中在家庭、学校、社会及个人心理因素等各方面。     

受虐杀夫引发的法律问题

对长期深受丈夫暴力虐待而将其杀死 ,是否属于正当防卫或防卫过当 ,即暴力虐待是否属于“正在进行的不法侵害” ,《刑法》第 2 3 2条中的“情节较轻”中的情节是指“犯罪情节”还是“量刑情节” ,怎样才算“情节较轻” ,进行了深入的探讨。     

The future of crime data

Criminology lacks sufficient data for many types of crime that are of great concern to society. This lack of data poses significant problems for determining whether resources are adequate for responding to these crimes or whether programmatic, legislative, or target-hardening efforts to prevent or reduce their occurrence are effective. Inadequate data about crime also produces a selective and incomplete narrative about crime that makes it easier for political and vested interests to exploit public concerns about crime for their own ends. In this address, I discuss what is needed to resolve these gaps and the ways in which criminologists can support a significant expansion of the crime data infrastructure. Such work is necessary to help ensure the future relevance of criminological research.     

疫情防控中妨害公务罪的法教义学解析

为了个人自由而抗拒防疫管控,是对国家公务活动正常秩序的公然侵犯,具有法益侵害性。对于妨害公务罪之"暴力、威胁",应结合其侵害法益、实务经验予以合理界定。参与疫情管控的基层工作人员能否作为妨害公务罪之对象,需根据司法解释的规定,紧扣从事疫情防控职权之公务性质深入分析。以暴力、威胁方法抗拒不当防疫措施的,因防疫执法之合法性丧失,不构成妨害公务罪。行为人对防疫执法行为合法性的认识错误,属于对构成要件的事实认识错误,阻却犯罪故意的成立。     

情境预防视阈下首都社区安全治理——基于北京市23个社区的调查分析

情境预防理论表明首都社区安全治理绝不能仅依赖警察为主体的国家强制力,而应通过社区情境的优化来达到"无为而治"的社区治理效果。基于对北京市23个社区的调查分析,发现社区物理环境显著影响着社区安全度,楼房社区-自住平房-公寓-出租平房形成自高至低的社区安全梯度,因此情境预防应融入社区物理环境的规划-设计-建设-维护流程。另外,社区社会情境同样显著影响着社区安全度,社会治安综合治理机制与社区警务机制作为安全网络的双重支柱,应由压力型体制下单向执行转向双向互动网络,而基于互联网与物联网的社区大数据平台应构成社区神经系统与实时自动监测系统。     

Characteristics of children with problem sexual behaviour and adolescent perpetrators of sexual abuse: a systematic review

ABSTRACT

People who commit sexual offences are a heterogeneous group, with research suggesting that children and young people commit a large proportion of all sex offences, especially those committed against other children. This systematic review provides a synthesis of literature concerning the characteristics of children and adolescents who exhibit harmful sexual behaviour. There is a particular focus in this review on studies that examine the characteristics of children and young people exhibiting these behaviours within institutional and organisational settings or which take a situational and/or developmental approach to understanding sexually abusive behaviour. Using a developmental and life-course criminology lens, this review explores implications from the literature for the prevention and response to child sexual abuse, with a particular focus on institutional contexts where the perpetrators are children and adolescents.     

A Call for Help?: How Public School Principals’ Subjective Report of Institutional Weakness Relates to Disciplinary Incidents

ABSTRACT

Disciplinary incidents at U.S. public middle- and high-schools are a public policy concern. Although businesses popularly give credence to leaders’ subjective intelligence, principals’ reports of their schools’ strengths and weaknesses are questioned. To determine whether principals’ reports carry legitimacy as indicators of student offenses, the current study utilized a nationally representative survey of principals who reported on their sense of the institution and the number of disciplinary incidents in the past year (N = 1,872; replication cohort, N = 1,833). Findings showed that the more institutional shortcomings a principal endorsed, the higher total number of incidents occurred, even after controlling for institutional strength and several indicators of school crime. These findings have policy and intervention implications for improving student outcomes, and so would be of interest to funding agencies, school administrators, teachers, and parents.