浅析网络犯罪的刑事管辖权

网络犯罪的新特点向传统的刑事管辖权提出了挑战,网络犯罪刑事管辖权问题成为了刑法理论界和司法实务的焦点.从网络犯罪的概念不难看出,传统管辖权理论在适用于网络犯罪时存在诸多的不足.在处理因为网络犯罪而产生的刑事管辖权的竞合问题时,应保持谨慎的态度,在维护本国主权的同时避免侵害他国主权,应坚持主权平等原则、可能性、便利性原则...     

论网络爬虫的刑事合规

网络爬虫本身是一种中立性的技术应用,但由于适用情景的多样性以及技术原理的复杂性,其确实存在一定的刑事风险。就网络爬虫的治理而言,其重点不是对越过合法边界的技术行为进行刑事处罚,而是在进行刑事规制时尽可能地确保合法的爬虫应用不受干扰。对此,有必要引入刑事合规理念,针对网络爬虫的规制构建专项合规规则。一方面,应充分重视网络爬虫的技术特点以及该技术所蕴含的信息自由、数据经济以及技术创新等积极利益;另一方面,需要根据现有刑法规范准确分析网络爬虫技术所涉及的刑事责任,在犯罪预防的基础上为网络爬虫技术的适用创造宽松的环境。     

The role of memes in the construction of Facebook personae

Abstract

This research is based on the assumption that social media sites – such as Facebook, Twitter and YouTube – have changed the way in which memes (culturally transmitted ideas) are transmitted or spread. It is argued that social media have provided the most fertile environment for the replication of memes to date. The social networking site Facebook is the main social media example used throughout the research. The way in which Facebook is represented in film, as well as the ways in which the offline lives of the characters are affected by their social media profiles, specifically as depicted in the film Catfish (Joost and Schulman 2010) are analysed. Lastly, it is argued that one can construct an entirely new persona, or merely experiment with different aspects of who you are, on social media sites. This online persona can be influenced by the memes one chooses to spread online. Naturally, all memes carry connotations, values and judgements. These memes collate with one's profile and, thus, the connotations attached to the memes one shares are then associated with one's online persona/profile. It is found that although a social networking user tries to portray him/herself in an idealised manner, these memetic connotations give a true impression of his/her offline persona. As a result, there is not much difference between the user's online and offline personae.     

Do Online Election Campaigns Win Votes? The 2007 Australian “YouTube” Election

Studies of Web use during elections have focused mainly on the content of Web sites and on the major factors driving parties' and candidates' adoption of the technology. Evaluations of the electoral impact of Web campaigns have been more limited. This article examines the nature and extent of Web use by voters and parties in the 2007 Australian federal election, focusing particularly on the consequences of Web 2.0 campaigning for candidate vote share. The findings show differing levels of commitment to older and newer e-campaigning technology across parties and their supporters and significant electoral advantages are associated with minor parties candidates using Web 2.0 campaign tools. The results confirm existing studies' findings about the impact of Web campaigns on contemporary elections, but that these effects are moderated by the type of Web tools used and party using them.     

Translating Le Dœuff's analytics: On Le Dœuff's Anglo‐Australian interception

This article proposes an interdisciplinary approach to studying the dynamics that condition the evolution of various path dependencies of media systems, comprised of specific industry institutions, their formations, the markets they create, usage practices, audience constellations and textual formations. The interdisciplinary approach involves the integration of the semiotics of culture approach (Lotman) with the evolutionary economics approach. As the former studies the dynamics of inter-semiotic translations to interpret the evolution of media's new textual forms and the latter focuses on phenomena such as resource constraints or industry exchange relationships, then in aggregation, they may help to interpret the manifold dynamics that might contribute both to the formation of diachronic continuities as well as discontinuities in a culture. The empirical case that the article focuses on is the early evolution of the mobile web, its path dependence on the preceding media, especially desktop web, and its potential divergence from this “parent platform”, its gradual emancipation as an autonomous media domain     

MPs and web technologies: an untapped opportunity?

MPs have not previously been assigned a major role in electoral campaigning, being considered only one element of a political party's ‘marketing’ tools for winning votes. Evidence now suggests that the relationship between MPs and their constituents is changing. The concept of ‘constituency service’ implies that individual MPs can have a much greater influence on local voters and so possibly buck national trends. At the same time the concept of the ‘permanent campaign’ is transforming political campaigning whereby the political elite needs ever‐greater control of the tools used to provide messages to voters. The internet is a potential battleground between MPs who want greater control of their own local campaigning and the party elite who want to ensure a consistent, coherent and controlled message. The Internet is a new addition to the campaigning armoury, yet the focus so far has been on e‐government, e‐democracy and election campaigns. By concentrating on how and why MPs use their websites this paper considers whether MPs have fully understood and utilised this new medium. Key questions include whether their websites are ‘sticky’, interactive and a means of creating a targeted message. The findings of this detailed study of MPs' websites show that apart from a few pioneers, MPs have not progressed beyond using the Internet as ‘shovelware’ — the vast majority view their website as an electronic brochure and not a new form of two‐way communication. Copyright © 2003 Henry Stewart Publications     

The Involvement Process Through the Internet in the 2010 Italian Regional Elections

This paper explores Internet tools used for consensus building during the 2010 Italian regional elections, especially focusing on the use of the Internet to involve the electorate in a background of political disaffection. Previous experience from the United States and European countries suggests that the Internet is an interesting tool for the creation and development of consensus and shows an increasing use of Internet-based communication for elections. In this context, the research has two objectives. The first is to measure the degree of use of Internet tools by the main candidates to develop participation in several local areas, more limited than those traditionally investigated in the literature. To this end, we used the technique of analysis of site functionality, properly integrated to make it suitable for measuring the use of tools for participation, to compute for each candidate a reliable index of participation. Second, the work aims to understand how different contexts of electoral competition may encourage or lessen the inclination to use Internet communication tools in a participative sense. The analysis reveals a positive correlation between the affiliation of the candidate for the ruling party and the tendency for this candidate to use tools of participation more than the competitor.     

网语与黑话之异同

随着计算机网络技术的普及和广泛运用,产生了大量的网络流行语,有的因为晦涩、陌生,有人就将它等同于黑话。而从两者产生的根源、使用的对象、语意的内涵等诸多方面看,两者既存在共同点又有差异点。     

青少年计算机犯罪初探

以计算机和网络技术为核心的信息技术在全世界迅猛发展的同时,我国计算机犯罪问题也日益突出,存在着手段的智能性、行为的隐蔽性、后果的严重性、趋势的低龄化、媒体的诱导性等特征,这些和青少年心理、生理的不成熟、法律意识的淡薄、司法的漏洞、社会不良因素的影响有很大关系。所以社会和学校要为其成长创造良好的环境,开展计算机安全教育和加强对青少年的网络道德教育;完善技术防范的机制和手段;建立健全有效的法律体系;提高司法人员的执法水平:加强社会治安综合治理。     

Conclusion – Building Regions from Below: Has the Time Come for Regionalism 2.0?

In a changing world ridden with crises and characterised by a general redistribution of power, regional organisations need to reinvent themselves. Equally, the study of regionalism has to reject its traditional Eurocentrism to embrace new conceptual categories in order to describe more effectively the variety of regional processes across the world. Against this background, this article looks at the European project and its current crisis before discussing other regional ‘experiments’ in Africa, Asia and Latin America, which rest on different principles but also manifest considerable shortcomings. The analysis points to the need to look at regionalism with a critical eye, emphasizing the undeniably important achievements but also the hidden threats that a certain model of regional integration (for instance, the classical top-down elite-driven process adopted by the EU founding fathers) can pose to the sustainability of regional cohesion and the adaptability of this model to other areas of the world.