我国应当尽快确立电子商务证据的法律地位

随着电子商务的普及推广,电子商务证据与现行法律规定发生冲突,已在司法实践中显现出来。在我国,这种冲突主要体现在电子商务证据的种类、形式等方面,借鉴世界各国和国际社会的不同做法,我国应对其合法地位作出相应的法律规定,以适应电子商务发展的需要。     

略论高科技对电影文化的影响

进入90年代以来，以数字化为代表的电影艺术的技术性革命对电影化产生至关重要的影响。电影本体、电影机制、影像的美学意义、电影接受心理等理论课题都必须放置在崭新的技术语境中讨论才有意义。面对日新月异的数字化技术的迅速发展，我们既要考虑到以数字化技术为代表的科技发展对电影的促进作用，又要清醒地认识到高科技对电影艺术的负面影响，从而完成电影化对物质化的整合和超越。     

Monopoly defeating mechanisms: Will they function in the digital world?

History reveals that ‘copyright’ was originally monopolistic (in the early fifteenth century) and remained so until the enactment of the Statute of Anne in 1709. Since then copyright has striven to maintain a delicate balance between incentive to authors and avoiding monopolistic stagnation. To achieve these goals, certain monopoly-defeating mechanisms have been adopted such as: fair use, public domain, the idea/expression dichotomy and the exhaustion doctrine. Recently, however, with the implementation of new laws: for instance the Digital Millennium Copyright Act (1988), the EU Copyright Directive (2001), and the implementation of the EU Copyright and Related Rights Regulation amending the Copyright, Design and Patents Act 1988, there is a growing concern that the mechanisms which were enacted to defeat the monopoly will not work in the digital medium. With the provision of affixing technological measures to copyrighted works and the non-application of the exhaustion doctrine in the digital world, arguably the monopoly defeating mechanisms have been disabled. The aim of this paper is to demonstrate the way monopoly defeating mechanisms are becoming non-functional in the digital world. Furthermore, the study also demonstrates how the European Copyright Directive and the UK implementation of the Directive has transgressed the boundary of exclusive rights set by the two World Intellectual Property Organization (WIPO) treaties – the World Copyright Treaty (WCT) and the WIPO Performers and Phonograms Treaty (WPPT) – and copyright law, thereby strengthening the copyright owner's rights in a way that was never intended by the WIPO treaties or by copyright law. Consequently, the new laws have also shifted copyright's attention from commercial pirates to non-commercial individual users. The study aims to demonstrate how the shift took place and finally, trace the recurrence of the monopoly; giving rise to a situation where there is no fair use/dealing, no public domain, no idea/expression distinction and no exhaustion doctrine.     

Reduction of postmortem angiography-induced tissue edema by using polyethylene glycol as a contrast agent dissolver

Postmortem investigation is increasingly supported by computed tomography (CT) and magnetic resonance imaging, in which postmortem minimal invasive angiography has become important. The newly introduced approach using an aqueous contrast agent solution provided excellent vessel visualization but was suspected to possibly cause tissue edema artifacts in histological investigations. The aim of this study was to investigate on a porcine heart model whether it is possible to influence the contrast agent distribution within the soft tissue by changing its viscosity by dissolving the contrast agent in polyethylene glycol (PEG) as a matrix medium. High-resolution CT scans after injection showed that viscosities above c. 15 mPa s (65% PEG) prevented a contrast agent distribution within the capillary bed of the left ventricular myocardium. Thereby, the precondition of edema artifacts could be reduced. Its minimal invasive application on human corpses needs to be further adapted as the flow resistance is expected to differ between different tissues.     

Not just ‘friends and neighbours’: Canvassing,geographic proximity and voter choice

The impact of local campaigning on voter choice has been studied within the theme of mobilisation. Grassroots effort can attract votes efficiently, but campaign contact is (potentially) endogenous, so results showing positive effects could be flawed. Experimental solutions to this problem are possible, but could also have low external validity. Drawing on the electoral geography literature, this article suggests that endogeneity concerns can be addressed through so‐called ‘friends and neighbours voting’. One source of endogeneity is that that candidates may tend to canvass those living close to their own homes, and those canvassed would be expected in any case to be prone to support local candidates. The problem of endogeneity is reframed and treated as an omitted variable bias. Using unique Irish data on the geographic location of the homes of candidates, as well as data on the location of the voters, the analysis confirms that canvassing has a positive impact on candidate choice independent of the effect of geographic distance. More importantly, these two variables interact. The results point to the relevance of the geographic dimension of electoral politics in driving the endogeneity bias in local campaigning studies.     

Using anisotropic diffusion for efficient extraction of sensor noise in camera identification

Each digital camera has an intrinsic fingerprint that is unique to each camera. This device fingerprint can be extracted from an image and can be compared with a reference device fingerprint to determine the device origin. The complexity of the filters proposed to accomplish this is increasing. In this note, we use a relatively simple algorithm to extract the sensor noise from images. It has the advantages of being easy to implement and parallelize, and working faster than the wavelet filter that is common for this application. In addition, we compare the performance with a simple median filter and assess whether a previously proposed fingerprint enhancement technique improves results. Experiments are performed on approximately 7500 images originating from 69 cameras, and the results are compared with this often used wavelet filter. Despite the simplicity of the proposed method, the performance exceeds the common wavelet filter and reduces the time needed for the extraction.     

QQ取证及其司法鉴定方法研究

简要介绍QQ取证及其司法鉴定研究的发展现状。分析QQ消息传输协议、数据库文件结构、Msg2.0.db文件的加密机制,重点研究QQ聊天记录及其他证据信息获取的思路和方法。在结合QQ取证鉴定案例的基础上,提出将手机与QQ进行融合取证的新思路,并对QQ取证及其司法鉴定的发展方向进行展望。     

An inconclusive digital audio authenticity examination: a unique case

This case report sets forth an authenticity examination of 35 encrypted, proprietary-format digital audio files containing recorded telephone conversations between two codefendants in a criminal matter. The codefendant who recorded the conversations did so on a recording system he developed; additionally, he was both a forensic audio authenticity examiner, who had published and presented in the field, and was the head of a professional audio society's writing group for authenticity standards. The authors conducted the examination of the recordings following nine laboratory steps of the peer-reviewed and published 11-step digital audio authenticity protocol. Based considerably on the codefendant's direct involvement with the development of the encrypted audio format, his experience in the field of forensic audio authenticity analysis, and the ease with which the audio files could be accessed, converted, edited in the gap areas, and reconstructed in such a way that the processes were undetected, the authors concluded that the recordings could not be scientifically authenticated through accepted forensic practices.     

以太网网络接口卡MAC永久地址与MAC当前地址的检验方法综述

本文综述了检验以太网网络接口卡MAC永久地址和MAC当前地址的方法,针对不同的检验客体提出了可行的检验方法。并提出了MAC在先检验的发展方向。     

A Comparison Between Digital Radiography,Computed Tomography,and Magnetic Resonance in the Detection of Gunshot Residues in Burnt Tissues and Bone

The radiological search for GSR is crucial in burnt material although it has been rarely tested. In this study, thirty‐one bovine ribs were shot at near‐contact range and burnt to calcination in an oven simulating a real combustion. Computed tomography (CT) and magnetic resonance (MR) were performed before and after carbonization and compared with former analyses with DR (digital radiography); thus comparing the assistance, the radiological methods can provide in the search for GSR in fresh and burnt bone. DR demonstrated the greatest ability in the detection of metallic residues, CT showed lower abilities, while MR showed a high sensitivity only in soft tissues. Thus, DR can be considered as the most sensitive method in the detection of GSR in charred bones, whereas CT and MR demonstrated much less reliability. Nonetheless, the MR ameliorates the analysis of gunshot wounds in other types of remains with large quantities of soft tissues.