The Google conundrum: Perpetrator or facilitator on the net? - Forging a fair copyright framework of rights, liability and responsibility in response to search engine 2.0 - Part II: The Google Books Search Project

Is Google in its quest for search engine optimization through the creation of new technologies, which not only improves its search algorithms but also refines its search functions for users, doing it in a manner that makes it a perpetrator of primary copyright infringement or an invaluable facilitator for Internet functionality? How should the balance of interests in the treatment of creative works be recalibrated in the face of changes in search engine technology and operations, and the disputes that have arisen within the last decade in the context of the digital age and its needs? Using Google as a case study, this paper will look at the two main areas of dispute over the operations of information locator tools and services that either threatens search engine functionality and efficiency or weakens copyright holders’ exclusive rights. It proposes a concerted set of solutions through a reassessment and amendment of copyright law to optimize the social benefits and objectives of both the copyright regime and technological innovations in the electronic model of information archiving, indexing and delivery. A fair distribution of responsibilities and allocation of rights and liabilities will be suggested. In the process, due consideration will be given to both public and private interests, with the former taking precedence; while the recommended solutions will be made within the currently outdated framework for Internet intermediary protection (i.e. safe harbor laws) and exceptions (i.e. specific statutory exemptions and the general fair use defense) under the existing copyright regime. Thus, the proposed changes will be far reaching without being too radical a departure from current law, an evolution that will likely be more acceptable and realistic a solution to the problem.This paper is published in two parts. Part One of this paper published in the previous edition of the CLSR at [2011] 27 CLSR 110-131 dealt with the challenges to the copyright regime posed by the operations and technology behind the Google Images Search Engine, while Part Two will assess the benefits of the Google Books Search Project vis-à-vis the effects it will have on the scope of copyright protection. Recommendations are made to copyright law to accommodate both functions while generally preserving the main objectives of copyright protection.     

论视频监控的犯罪预防功能及犯罪侦查价值

各国的犯罪预防理论发展至今,已经形成了比较完善的犯罪预防体系,主要包括司法预防、社会预防和情景预防三种模式。在我国的犯罪预防体系中,向来重视司法预防和社会预防,而对情景预防关注不够,情景预防措施尚不完善。作为一种对犯罪的干预,视频监控是一种对情境犯罪的干预,研究发掘其在犯罪预防中的作用对完善犯罪预防体系具有重要意义。同时,视频监控系统在犯罪侦查方面也具有重要作用。     

视频侦查规范化研究

视频侦查是指侦查机关根据案件的需要,通过视频监控资料的调取、观看、分析和应用四个环节,实现对犯罪的动态分析和综合判断,以发现和确定犯罪嫌疑人、寻找破案线索,为案件侦查提供方向的一种侦查措施。视频侦查已成为继刑事技术、行动技术、网侦技术之后侦查破案的技术支撑和新的破案增长点,成为强化社会治安控制的有效手段,对提高侦查机关打击犯罪的效能具有重大意义。     

视频图像侦查中涉案目标消失的原因分析与应对

在视频图像侦查过程中,经常会发生视频追踪对象在某个特定区域的视频监控图像中＂消失＂的现象。它可能是由于存在监控盲区造成的,也有可能是由于犯罪嫌疑人的反侦查行为,或者侦查员在视频监控资料收集、处理、查看过程中存在问题造成的。因此,我们可以通过合理布局,减少监控盲区,广泛收集和处理视频监控资料,深入查看和分析视频消失区域,多种侦查手段并用等途径来加以应对。     

BODY‐WORN CAMERAS AS A POTENTIAL SOURCE OF DEPOLICING: TESTING FOR CAMERA‐INDUCED PASSIVITY

Contentious debate is currently taking place regarding the extent to which public scrutiny of the police post‐Ferguson has led to depolicing or to a decrease in proactive police work. Advocates of the “Ferguson effect” claim the decline in proactive policing increased violent crime and assaults on the police. Although police body‐worn cameras (BWCs) are touted as a police reform that can generate numerous benefits, they also represent a form of internal and public surveillance on the police. The surveillance aspect of BWCs suggests that BWCs may generate depolicing through camera‐induced passivity. We test this question with data from a randomized controlled trial of BWCs in Spokane (WA) by assessing the impact of BWCs on four measures: officer‐initiated calls, arrests, response time, and time on scene. We employ hierarchical linear and cross‐classified models to test for between‐ and within‐group differences in outcomes before and after the randomized BWC rollout. Our results demonstrate no evidence of statistically significant camera‐induced passivity across any of the four outcomes. In fact, self‐initiated calls increased for officers assigned to treatment during the RCT. We discuss the theoretical and policy implications of the findings for the ongoing dialogue in policing.     

Exploitation of the Ultraviolet Properties and Machine Cut Edges of Paper to Associate and Sequence Sheets in a Ream

Previously unreported line patterns visible under ultraviolet light were observed on a proportion of plain white A4 printer/copier paper from different manufacturers. These Ultraviolet Line Patterns (UVLPs) usually appear as stripes down the vertical length of the paper. Typically, the UVLPs were found to “repeat” through the ream in a predictable way, while also changing. It is postulated that the repeating nature of the UVLPs is a result of the way that paper is manufactured. This leads to the ability to sequence the sheets compared to their original source paper. Even in the absence of UVLPs, it is possible to use our observation of the manufacturing process to anticipate the order of several sheets of paper and conclusively associate them, in some cases, by physically fitting their machine cut edges and crossing paper fibers. Such a novel approach to examining questioned documents would be highly useful in forensic casework.     

利用文检仪快速比对检验文件物质材料

为建立无损、快速、直观的文件物质材料检验方法,利用物理光学仪器—文检仪比对检验常用的文件物质材料,主要包括纸张和色料。结果显示,利用文检仪的不同光源即可有效区分不同物质的种类,且区分能力较强。该法无需对检材进行任何处理,简单、快速、直观、方便、不损坏检材。     

论侦查假设在视频图像侦查中的运用

在信息化背景下,视频图像侦查已经成为刑侦部门打击和预防犯罪的重要方法之一。在视频图像侦查中,侦查人员针对采集的视频图像信息运用侦查假设的方法进行研判分析,挖掘出侦查线索,化解侦查僵局,切实推进侦查工作的进程。因此,有必要以大量视频图像侦查成功案例为素材,系统地对侦查假设在视频图像侦查中运用的工作流程进行梳理和总结,从人、案情、通信工具、交通工具、现场痕迹物证和光影六个方面提出假设并验证假设。     

Individual Camera Identification Using Correlation of Fixed Pattern Noise in Image Sensors

Abstract:  This paper presents results of experiments related to individual video camera identification using a correlation coefficient of fixed pattern noise (FPN) in image sensors. Five color charge-coupled device (CCD) modules of the same brand were examined. Images were captured using a 12-bit monochrome video capture board and stored in a personal computer. For each module, 100 frames were captured. They were integrated to obtain FPN. The results show that a specific CCD module was distinguished among the five modules by analyzing the normalized correlation coefficient. The temporal change of the correlation coefficient during several days had only a negligible effect on identifying the modules. Furthermore, a positive relation was found between the correlation coefficient of the same modules and the number of frames that were used for image integration. Consequently, precise individual camera identification is enhanced by acquisition of as many frames as possible.     

Using Video to Reduce Home Safety Hazards with Parents Reported for Child Abuse and Neglect

Safety hazards are frequent in the homes of families reported for child abuse and neglect. The effectiveness of a videotape intervention with two families involved with child abuse and neglect was examined, using a replicated multiple probe design across settings. Data were collected using the Home Accident Prevention Inventory — Revised, and the Checklist for the Video-Trained Parent's Behavior. Social validation and expert validation data are also presented.