网络服务提供者的侵权责任——以《侵权责任法》第36条第2款、第3款为中心

《侵权责任法》第36条第2款、第3款对网络用户直接侵权时,网络服务提供者承担连带责任的情形进行了规范。但这两款内容过于原则,需要运用解释论的方法予以细化。第36条关于网络服务提供者侵权责任的规定要在权利人、社会公众、网络服务提供者之间达到更为合理的平衡,有待将来的司法解释进行完善。     

监狱企业网络营销的机遇与挑战

在传统经济体制下,监狱企业的产业定位是非市场性的,其内部管理多为重生产、轻营销的封闭式结构,其多年不变的产品和以我为主的销售模式,已无法适应市场经济的要求.面对正在全球范围内蓬勃兴起的网络营销,监狱企业必须抓住机遇并积极应对.     

How important are interview methods and questionnaire designs in research on self-reported juvenile delinquency? An experimental comparison of Internet vs paper-and-pencil questionnaires and different definitions of the reference period

There has been relatively little change over recent decades in the methods used in research on self-reported delinquency. Face-to-face interviews and self-administered interviews in the classroom are still the predominant alternatives envisaged. New methods have been brought into the picture by recent computer technology, the Internet, and an increasing availability of computer equipment and Internet access in schools. In the autumn of 2004, a controlled experiment was conducted with 1,203 students in Lausanne (Switzerland), where “paper-and-pencil” questionnaires were compared with computer-assisted interviews through the Internet. The experiment included a test of two different definitions of the (same) reference period. After the introductory question (“Did you ever...”), students were asked how many times they had done it (or experienced it), if ever, “over the last 12 months” or “since the October 2003 vacation”. Few significant differences were found between the results obtained by the two methods and for the two definitions of the reference period, in the answers concerning victimisation, self-reported delinquency, drug use, failure to respond (missing data). Students were found to be more motivated to respond through the Internet, take less time for filling out the questionnaire, and were apparently more confident of privacy, while the school principals were less reluctant to allow classes to be interviewed through the Internet. The Internet method also involves considerable cost reductions, which is a critical advantage if self-reported delinquency surveys are to become a routinely applied method of evaluation, particularly so in countries with limited resources. On balance, the Internet may be instrumental in making research on self-reported delinquency far more feasible in situations where limited resources so far have prevented its implementation.

Profiling the mobile customer – Is industry self-regulation adequate to protect consumer privacy when behavioural advertisers target mobile phones? – Part II

Mobile customers are increasingly being tracked and profiled by behavioural advertisers to enhance delivery of personalized advertising. This type of profiling relies on automated processes that mine databases containing personally-identifying or anonymous consumer data, and it raises a host of significant concerns about privacy and data protection. This second article in a two part series on “Profiling the Mobile Customer” explores how to best protect consumers’ privacy and personal data through available mechanisms that include industry self-regulation, privacy-enhancing technologies and legislative reform.¹ It discusses how well privacy and personal data concerns related to consumer profiling are addressed by two leading industry self-regulatory codes from the UK and the U.S. that aim to establish fair information practices for behavioural advertising by their member companies. It also discusses the current limitations of using technology to protect consumers from privacy abuses related to profiling. Concluding that industry self-regulation and available privacy-enhancing technologies will not be adequate to close important privacy gaps related to consumer profiling without legislative reform, it offers suggestions for EU and U.S. regulators about how to do this.²     

网络舆论与政府的引导调控

网络舆论是公众的意见与网络传播媒介相结合的产物。它在给社会和谐发展带来积极影响的同时,也带来一些负面效应,因而需要对网络舆论特点及过程演变的规律进行研究,以便引导调控网络舆论。对此,应认真分析网络舆论特点,对公共事件网络舆论的过程演变规律进行探索和总结,并由此提出政府引导调控网络舆论的策略。     

组织、领导传销罪的认定及与其他罪名的区别

我国《刑法修正案（七）》新增加了“组织、领导传销罪”,对“非法传销”明确入罪,使“组织、领导传销罪”成为独立罪名,在某种程度上可以摆脱以往对非法传销行为定罪难的困境。也加大了对该行为刑事制裁的范围。加强了打击力度,能够更好地起到预防犯罪的作用。但是,《刑法修正案（七）》的规定不够具体明确。使得罪与罚在司法实践中难以把握。司法机关在适用法律时。除准确区分直销与传销外。应注意三点：一是单位不能成为组织、领导传销罪的主体;二是组织、领导传销罪是一种行为犯：三是组织、领导传销罪与其他罪可数罪并罚。     

DATA REGULATION IN THE INTERNET OF THINGS

The reflections on data regulation in the internet of things (IoT) in this paper provide an overview of the different conceptions and legal problems of “data property rights.” Beginning with an overview of the existing and possible applications of the future IoT (in particular, smart cars), this paper describes the legal concerns that may arise because of increased commercialization of object-generated data. The author uses German and European Union law to illustrate the legal complexities, solutions, and shortcomings. He demonstrates how and to what extent these issues are covered by traditional data protection regulations and highlights the conceptual blind spots of these regulations. He then contrasts the data protection paradigm (de lege lata) with the idea of a general erga omnes data property right (de lege ferenda) and describes the most common understanding of such a right, that is, a data producers’ property right. Against the background of the possible economic advantages of general data property rights, the paper discusses conceptual problems and constitutional concerns. In conclusion, the author rejects the idea of a general data property right.     

生产-流通关系协调发展：理论与对策研究

在流通产业对现代生产发展的意义日益加大的同时,我国传统流通产业发展滞后于生产发展的问题也日益暴露。模块化时代的到来,生产、流通环节的专业化分工要求有更多的协作,分工的协调效率受到更多的关注。目前我国生产-流通关系不协调,原因主要在于流通产业发展滞后于生产需要,借助于产业链整合实现流通产业的规模化发展,提升专业化流通渠道的效率功能,是中国产业系统健康发展的有效途径。      

The role of cognitive distortions in paedophilic offending: Internet and contact offenders compared

Abstract

Cognitive distortions are held to contribute to sexual offending against children in a number of theoretical explanations of such crimes. However, not only is there little or no direct evidence in support of the centrality of cognitive distortions in offending but recent research has questioned whether the concept has explanatory power. Cognitive distortions are variously seen as necessary for the offender to offend against children, as post-offending justifications for the offence, or as reflecting distorted patterns in the offender's upbringing. This paper explores the role of cognitive distortions in sex offending by comparing the distortions of contact sex offenders against children with Internet child pornography offenders without contact offences against children. A new cognitive distortions questionnaire was developed which was suitable for administration to Internet offenders who had no contact offences against children as well as being suitable for contact offenders. It was found that some cognitive distortions are frequently agreed with by sex offenders against children whereas others were seldom or never agreed with. Little support was found for earlier typological approaches to the cognitive schema of sex offenders against children. Contrary to the expectation that contact offenders would have more cognitive distortions, it was found that Internet offenders had more cognitive distortions that children are sexual beings. Furthermore, there were no differences in cognitive distortions justifying the offence. However, offenders with a previous history of offending were more likely to admit to cognitive distortions which justify their offending. It is accepted that cognitive distortions are readily recognized in interviews with sex offenders against children. Nevertheless, it is argued that there is a need for new research to stimulate a new understanding of the nature and role of cognitive distortions in sex offending.     

Keeping children safe in nurseries: A focus on culture and context

Abstract

There have been few reported incidents of sexual abuse within nurseries until recently, when abuse has come to light as a result of investigations into online sexual offending. This paper uses information from serious case reviews to compare two of these incidents with a view to understanding the factors that might contribute to abuse taking place within nurseries. Information from the reviews points to the context and culture of the nursery environment being of key importance, particularly the degree to which relationships and the emotional health of the setting allow the offender to assume a position of power within the group. This has implications for the way in which nurseries are managed and regulated.