数字时代司法责任伦理之守正

在数字化浪潮下,司法活动呈现出"去责任化"的趋势,具体表现为责任感的缺失和责任推诿的加剧,因而亟待法学界对司法责任伦理予以革新。数字技术导致司法责任消解的机理是复杂和多元的,主要源于其兼具权威性与非权威性、确定性与不确定性、机械性与能动性等多重面孔。当前我国司法工作中的数字技术主要被应用于证据指引系统、风险评估工具、在线诉讼平台的开发等事项上,这些领域也是司法责任伦理冲突最为激烈的场域。数字时代应当坚守人本主义司法责任伦理,准确界定机器、技术人员、系统部署者与司法官的责任框架,在拥抱技术的同时树立科学的责任观,借助数字技术建立和完善符合时代特征的司法责任体系。     

Digital evidence strategies for digital forensic science examinations

Given the size and complexity of many digital forensic science device examinations, there is a need for practitioners to formally and strategically determine a course of conduct which allows them to undertake the most robust and efficient examination possible. This work outlines both the need for practitioners to have a digital evidence strategy (DES) when tackling any given examination scenario, how to construct one and the concerns which exist when no formal DES is in place. Approaches to DES development are examined and the context to which they should be deployed are analysed, with focus being on the use of DESs at the examination/processing stage of the investigative workflow. Finally, a ‘DES skeleton’ is offered to guide practitioners as they seek to create their own DES.     

The final destination: Incorporating ‘Death by GPS’ into forensic and legal sciences

This article seeks to give visibility to a growing program: Motorists who set out for travel following directions from their GPS device and never return. These occurrences have gained the moniker ‘Death by GPS’. From giving incorrect directions, to taking motorists to isolated areas, to directing motorists into unsafe neighborhoods, GPS technology has led several people into catastrophic scenarios. This article is split into two sections. In the first section, the varying causes of Death by GPS are examined, alongside notable cases. In the second section, as Death by GPS is understudied in forensic science and legal spaces, the author explores the societal and scientific benefits of filling this gap. Relying on relevant collision figures, cultural trends, death science, legal studies, and ethics literature, this article produces groundwork on the growing issue of Death by GPS and identifies areas for future exploration.     

Ethnographic filmmaking as narrative capital enhancement among Atauro diverwomen: a theoretical exploration

This article reports on a project involving the development and release of an ethnographic film about the women divers of Atauro Island, Timor-Leste, and suggests a theoretical framework to interpret its outcomes. It describes the project aims and the filmmaking process, and reports on its results. In doing so, the paper explores the potential use of an agent-based concept of narrative capital focused on collective agents. The article suggests that the ideas of narrative capital and transformations of capital by collective agents can provide a valuable interpretative framework for the design, implementation, and analyses of results of development interventions involving filmmaking.     

论技术出资之客体

技术是一种无形资产。随着知识经济时代的到来,技术在公司经营中的作用和地位日愈突出,其已成为一种重要的法定出资形式。但技术的无形性决定了技术出资与有形财产出资相比更具复杂性。由于我国相关法律规定的粗陋,导致实践中技术投资关系普遍混乱。因此,规范技术出资行为具有重要的现实价值。     

城市治理数字化转型:动因、内涵与路径

数字时代呼唤与之相适应的城市治理新形态。技术变革的驱动力、治理生态的不确定性、治理问题的复杂性以及治理需求的多样性共同驱动城市治理数字化转型。城市治理数字化转型要及时回应数字时代需求,坚守以人民为中心的核心价值,重视制度变革的基石作用,充分发挥技术创新的驱动力,实现城市治理的科学化、精准化、智慧化与高效能。城市治理数字化转型的实现,需构建全功能集成、全网络融合、全周期管理、全要素连接的数智治理体系,促进城市治理现代化。     

Participation in the Knowledge Society: the Free and Open Source Software (FOSS) movement compared with participatory development

The possibilities and limits of participation at the ‘bottom’ (represented, for example, by PRA and PLA) have been well articulated in development literature. However, the emergence of the Knowledge Society has opened up spaces for what we could call participation at the ‘top’ (free software, wiki, open access), the implications of which Development Studies is only beginning to grapple with. Building upon recent debates on the issue, we take the cases of the free software movement and participatory development, arguing that they share common ground in several ways. We aim to offer a few pointers on conceptualising development in the Knowledge Society.     

Mapping the road to development: a methodology for scaling up participation in policy processes

Understanding local variability in context and mobilising local participation to define development agendas are widely accepted development strategies. There remain, however, significant challenges to the systematic and effective inclusion of local communities and households. Projeto MAPLAN, a pilot project in Ceará, Brazil, is a joint effort of the public sector and civil society designed to create a process of participatory development planning which integrates local-level contextual variations. In this effort, the use of a Participatory Geographic Information System (PGIS) stimulates the participation of community members in analysing their needs, goals, and priorities. The visualisation of these factors through easily understood maps facilitates communication and contributes to a democratic and transparent planning process, thus permitting the articulation of local priorities with the state-level planning apparatus. MAPLAN represents part of a shifting paradigm for rural development planning in the state and provides the tools for the effective inclusion of citizen voice in development policy.     

From fragile to smart consumers: Shifting paradigm for the digital era

The use of digital technologies, functioning thanks to data processing, has been conquering many sectors of the world economy and it is possible that, in the near future, only a few markets will still be excluded from this industrial revolution. Therefore, even if one chose unreasonably to disregard the many innovations that the digital economy has brought about, its development seems quite inexorable, although it is true that this new stage in human progress raises some concerns. In particular, many worry about the millions of passive and powerless digital consumers who, facing a few huge and influential companies without any education or awareness, could succumb and find themselves poorer, victimized, and manipulated. The paper proposes to react to this state of affairs without further fueling the fear of the digital revolution and without the thought that regulation can be used only as a shield to protect fragile digital consumers. Rather, by taking inspiration from some regulatory actions undertaken by the European Union, the paper bears in mind that regulation can be used as a sword in the hands of consumers to finally assign them a lead role in digital markets. New rules to empower consumers and to make them take autonomous and independent decisions as to the management of their personal data as well as to the merits of digital firms can be envisaged. After all, one of the cultural roots of Western societies is that every individual should be enabled to be faber ipsius fortunae.     

Reverse engineering of ReFS

File system forensics is an important part of Digital Forensics. Investigators of storage media have traditionally focused on the most commonly used file systems such as NTFS, FAT, ExFAT, Ext2-4, HFS+, APFS, etc. NTFS is the current file system used by Windows for the system volume, but this may change in the future. In this paper we will show the structure of the Resilient File System (ReFS), which has been available since Windows Server 2012 and Windows 8. The main purpose of ReFS is to be used on storage spaces in server systems, but it can also be used in Windows 8 or newer. Although ReFS is not the current standard file system in Windows, while users have the option to create ReFS file systems, digital forensic investigators need to investigate the file systems identified on a seized media. Further, we will focus on remnants of non-allocated metadata structures or attributes. This may allow metadata carving, which means searching for specific attributes that are not allocated. Attributes found can then be used for file recovery. ReFS uses superblocks and checkpoints in addition to a VBR, which is different from other Windows file systems. If the partition is reformatted with another file system, the backup superblocks can be used for partition recovery. Further, it is possible to search for checkpoints in order to recover both metadata and content.Another concept not seen for Windows file systems, is the sharing of blocks. When a file is copied, both the original and the new file will share the same content blocks. If the user changes the copy, new data runs will be created for the modified content, but unchanged blocks remain shared. This may impact file carving, because part of the blocks previously used by a deleted file might still be in use by another file. The large default cluster size, 64 KiB, in ReFS v1.2 is an advantage when carving for deleted files, since most deleted files are less than 64 KiB and therefore only use a single cluster. For ReFS v3.2 this advantage has decreased because the standard cluster size is 4 KiB.Preliminary support for ReFS v1.2 has been available in EnCase 7 and 8, but the implementation has not been documented or peer-reviewed. The same is true for Paragon Software, which recently added ReFS support to their forensic product. Our work documents how ReFS v1.2 and ReFS v3.2 are structured at an abstraction level that allows digital forensic investigation of this new file system. At the time of writing this paper, Paragon Software is the only digital forensic tool that supports ReFS v3.x.It is the most recent version of the ReFS file system that is most relevant for digital forensics, as Windows automatically updates the file system to the latest version on mount. This is why we have included information about ReFS v3.2. However, it is possible to change a registry value to avoid updating. The latest ReFS version observed is 3.4, but the information presented about 3.2 is still valid. In any criminal case, the investigator needs to investigate the file system version found.