Event Of Breach Research Articles

KONTRAK PEGADAIAN BARANG DAN JASA DI DINAS PEKERJAAN UMUM KABUPATEN BREBES DITINJAU DARI PRESPEKTIF KENOTARIATAN

The Goods and Services Procurement Agreement is a complex agreement because it regulates many aspects both legally and technically about the procurement process of goods and services, requiring further study in order to find the ideal contract format for procurement of goods and services in accordance with the needs and able to provide protection and certainty law for the parties that make it.The problems in this research are: 1) How is the legal force of the government procurement contract made under the hands? 2) How is Notary's role in making government procurement contracts? 3) How is the legal protection of the parties in the event of breach of contract (wanprestasi) that harms the State?Approach method used in this research is normative juridical approach method, this research specification is analytical descriptive, data source that is primary and secondary data, data collecting method use by library study, method of data analysis with qualitative analysis.Result of research: 1) Agreement under the hand signed by the parties concerned. Such an agreement is only binding on the parties to the treaty but has no binding power to a third party. 2) Notary's role in the manufacture of Government Procurement of Goods and Services Contract in the form of an authentic deed, According to Article 1 paragraph 1 of Law Number 2 Year 2014 Notary Public Notary: Public Notary is authorized to make authentic deeds and other powers as referred to in the Act, 3) The protection of the law shall be initiated by the obligation of the parties to enter into a procurement agreement of goods and services by containing the clauses already stipulated as one of the legal protection measures for the parties, in the charter agreement.Suggestions in this research is Need a good coordination between the assignor, contractor, planner and supervisor in the implementation pemborongan building. With good coordination, the implementation of building projects can be implemented efficiently, effectively and planned. Keywords: Contract, Goods And Services From, Notary's Perspective

A model to analyze the challenge of using cyber insurance

This work analyzes and extends insurance dynamics in the context of cyber risk. Cyber insurance contracts, when used as a means to manage residual cyber risk, could behave differently from other traditional (e.g., property) insurance. One important difference arises from the complexity involved in the post-breach decision of whether and how a firm should optimally plan to claim indemnity in the event of a cyber breach. We define different types of cyber breaches leading to different claiming scenarios, whose roots lie in the impact of secondary loss caused by certain but not all types of breaches. We build a model to capture the impact of secondary loss in structuring the use of cyber insurance and then combine the backward analysis of myriad breach scenarios to derive the overall optimal decision to purchase cyber insurance. We demonstrate that the optimal purchase decision depends on the mix of the types of cyber breaches that a firm faces. Numerical experiments corroborate market observation of limited use of cyber insurance after 20 years from when these products became available.

Reachability-Based Safety and Goal Satisfaction of Unmanned Aerial Platoons on Air Highways

Recently, there has been immense interest in using unmanned aerial vehicles for civilian operations. As a result, unmanned aerial systems traffic management is needed to ensure the safety and goal satisfaction of potentially thousands of unmanned aerial vehicles flying simultaneously. Currently, the analysis of large multi-agent systems cannot tractably provide these guarantees if the agents’ set of maneuvers is unrestricted. In this paper, platoons of unmanned aerial vehicles flying on air highways is proposed to impose an airspace structure that allows for tractable analysis. For the air highway placement problem, the fast marching method is used to produce a sequence of air highways that minimizes the cost of flying from an origin to any destination. The placement of air highways can be updated in real time to accommodate sudden airspace changes. Within platoons traveling on air highways, each vehicle is modeled as a hybrid system. Using Hamilton–Jacobi reachability, safety and goal satisfaction are guaranteed for all mode transitions. For a single altitude range, the proposed approach guarantees safety for one safety breach per vehicle; in the unlikely event of multiple safety breaches, safety can be guaranteed over multiple altitude ranges. This paper demonstrates the platooning concept through simulations of three representative scenarios.

Regulatory Cybercrime: A Hacking-Based Mechanism to Regulate and Supervise Corporate Cyber Governance?

This paper examines the impact of cybercrime and hacking events on equity market volatility across publicly traded corporations. The volatility influence of these cybercrime events is shown to be dependent on the number of clients exposed across all sectors and the type of the cyber security breach event, with significantly large volatility effects presented for companies who find themselves exposed to cybercrime in the form of hacking. Evidence is presented to suggest that corporations with large data breaches are punished substantially in the form of stock market volatility and significantly reduced abnormal stock returns. Companies with lower levels of market capitalisation are found to be most susceptible. In an environment where corporate data protection should be paramount, minor breaches appear to be relatively unpunished by the stock market. We also show that there is a growing importance in the contagion channel from cyber security breaches to markets volatility. Overall, our results support the proposition that acting in a controlled capacity from within a ring-fenced incentives system, hackers may in fact provide the appropriate mechanism for discovery and deterrence of weak corporate cyber security practices. This mechanism can help alleviate the systemic weaknesses in the existent mechanisms for cyber security oversight and enforcement.

Presumptions in General Rules on Liability for the Breach of Obligations

The article provides analysis of the provisions of Chapter 25 of the Civil Code of the Russian Federation concerning the use of presumptions, as well as other legal structures based on assumptions. The paper explains the author's understanding of presumptions as models of legal phenomena used to overcome uncertainty and ambiguity in legal relations in order to efficiently combine the interests of participants. The author draws attention to the functions of legal presumptions and their dependence upon the functions of legal phenomena simulated in presumptions, which provides guidance for the effective application of such structures for the protection of interests of participants of legal relations. It is noted that the possible existence of uncertainty as to the breach of an obligation at this stage of resorting to protection does not create prerequisites for the use of presumptions in civil law, but rather gives rise to the need to establish the facts of the breach of obligations. However, assumptions made in such situations are treated as procedural rather than substantive presumptions. In the paper special attention is focused on the study of presumptions application and different assumptions in order to systematize the rules with regard to conditions of imposing civil liability on debtors for violations of obligations (wrongfulness of behavior of a person violating the obligation, causality between wrongful behavior and a violation of an obligation, fault). The author justifies conclusions according to which it is impossible to apply presumptions in determining the wrongfulness of the conduct of a wrong-doer and the causal link between the wrongful conduct and the breach of the obligation. The author examines the possibility of applying assumptions of negative consequences of breaches of obligations and forms of their expression under the existing regulatory norms and legal determinations of the Supreme Court of the Russian Federation that reflect approaches to the application of the novels (new laws) of civil law. In evaluating conditions for the application of the presumption of fault, the author proposes analysis of its nature and determines the limits of its application. The author justifies inability to apply a presumption of fault in evaluating creditor's behavior. The author makes a general conclusion that there is an objective need for assumptions to regulate relations aimed at application of civil liability measures.

Responsibility of the United Nations and the International Rule of Law

Reliance on law to guide international relations serves an important role in the governance of international organizations as well as States. In an authoritative Declaration (Res. 67/1, 2012), the United Nations General Assembly affirmed that the rule of law applies to international organizations, including the United Nations (UN) and its principal organs, and that respect for and promotion of the rule of law and justice should guide all of their activities. This paper explores the extent to which such a rule of law is recognized in law and given effect in practice by the UN and other international organizations, and the degree to which States and other actors share interpretations of what the rule of law means for protecting human rights and settling disputes, The evolving law of international legal responsibility of international organizations, and selected examples of UN practice, are used to examine the legal theory of responsibility arising out of acts or omissions that constitute a breach of a rule of international and/or institutional law, and its acceptance in practice. Examples of UN practice probe responsibility for aiding State human rights violations (Democratic Republic of the Congo), failing to actively cooperate to prevent or stop such violations (Sri Lanka), and engaging in acts or omissions giving rise to third party claims for injury and death (Haiti). The paper concludes that, while the law of responsibility of international organizations and its application by the UN embed certain aspects of the rule of law, important gaps and shortfalls remain in such areas as sources of international obligations, consequences of breach, and means for enforcement of remedies. Suggestions include steps toward aligning dispute settlement obligations with operational risks to advance clarity of obligations, and toward arranging a UN System-wide independent body for settlement of disputes to provide for adequate and effective remedies.

Reforma Agrária: Riscos da Reconcentração

A Reforma Agrária, a partir da Constituição Federal de 1988, tem como premissa a intervenção do Estado, na propriedade privada, no caso de descumprimento da função social do imóvel e a consequente destinação de tais áreas para os trabalhadores rurais sem terra, tornando-se beneficiários da política agrícola. A necessidade de intervenção decorre especialmente da histórica e maléfica concentração de terra no Brasil, que favoreceu a existência e manutenção de uma classe de trabalhadores sem terra, sem espaço para trabalho e produção, mesmo que de subsistência. Após a intervenção estatal e a partir da criação do projeto de assentamento, há uma série de políticas públicas implantadas pelo Incra Instituto Nacional de Colonização e Reforma Agrária, tais como créditos e assistência técnica. Já se previa no texto constitucional a titulação de tais beneficiários, contudo, em 2014, foi promulgada a Lei 13.001, que implementará uma política maciça de titulação, o que levará a transferência do patrimônio público ao particular e por via de consequência a alternativa desse particular também alienar a terceiros, o que traz a indesejada possibilidade de reconcentração.

Social media content and sentiment analysis on consumer security breaches

Purpose Security breaches have been arising issues that cast a large amount of financial losses and social problems to society and people. Little is known about how social media could be used a surveillance tool to track messages related to security breaches. This paper aims to fill the gap by proposing a framework in studying the social media surveillance on security breaches along with an empirical study to shed light on public attitudes and concerns. Design/methodology/approach In this study, the authors propose a framework for real-time monitoring of public perception to security breach events using social media metadata. Then, an empirical study was conducted on a sample of 1,13,340 related tweets collected in August 2015 on Twitter. By text mining a large number of unstructured, real-time information, the authors extracted topics, opinions and knowledge about security breaches from the general public. The time series analysis suggests significant trends for multiple topics and the results from sentiment analysis show a significant difference among topics. Findings The study confirms that social media monitoring provides a supplementary tool for the traditional surveys which are costly and time-consuming to track security breaches. Sentiment score and impact factors are good predictors of real-time public opinions and attitudes to security breaches. Unusual patterns/events of security breaches can be detected in the early stage, which could prevent further destruction by raising public awareness. Research limitations/implications The sample data were collected from a short period of time on Twitter. Future study could extend the research to a longer period of time or expand key words search to observe the sentiment trend, especially before and after large security breaches, and to track various topics across time. Practical implications The findings could be useful to inform public policy and guide companies responding to consumer security breaches in shaping public perception. Originality/value This study is the first of its kind to undertake the analysis of social media (Twitter) content and sentiment on public perception to security breaches.

Investigating scale effects on breach evolution of overtopped sand embankments

The aim of this paper is to investigate the effect of scale on embankment breach processes. Relatively large scale physical models to study the embankment breach processes are expensive and time consuming. Relatively small scale experiments give better opportunity to explore the embankment breach events, but the scale effect should be considered. In this study, two small scale overtopped sand embankments were investigated in a laboratory flume. The results of these experiments are compared with the results of a previously studied large scale experiment. The analysis shows that, both the large and the small scale embankments follow almost the same embankment erodibility processes and the same rate of breach. It can be concluded that, small scale embankments can be used to study breaching events due to overtopping even with the scale effect.

The Consequence of Breach of Trustee’s Fiduciary Duty and Beneficiary’s Right to Cancel under the Korean Trust Law

The Consequence of Breach of Trustee’s Fiduciary Duty and Beneficiary’s Right to Cancel under the Korean Trust Law

After the Disclosure: Measuring the Short-Term and Long-Term Impacts of Data Breaches on Firm Performance

In this manuscript, I conducted a study utilizing matched sample comparison analysis to understand the short-term and long-term impacts of data breach events on firm performance. I take two approaches to theory development; the first approach extends the current literature on data breach events as negative, value declining events to the firm's performance; which I call the “traditional view”. The second view posits that a data breach event may actually be a catalyst for enhanced long-term firm performance; I call this the organizational sustainability and resiliency view. I introduce the analysis of two new variables ``intangible assets” and “extraordinary losses” to the discussion on the impact of data breaches on firm performance. Understanding changes to intangible assets allow us to gauge the impact of the data breach on firm brand reputation and intellectual capital reserves; among other intangible asset components. The measurement of extraordinary losses allows us to better understand if the focal firms considered data breaches truly detrimental to their operations that it rose to the level of “extraordinary” and not an event that could be incorporated into its usual operating expenses. I find that data breach events have some negative impacts to the firm's profitability more than likely leading to a depletion of the firm’s assets. However, firms do not perform better or worse in the short term or long term due to a data breach event; the firms can be considered financially sustainable in the 1-4 quarters following a data breach disclosure.

After the data breach: Managing the crisis and mitigating the impact

Historically, the unauthorised access and theft of information was a tactic used between countries as part of espionage campaigns, during times of conflict as well as for personal and criminal purposes. The consumers of the information were relatively isolated and specific. As information became stored and digitised in larger quantities in the 1980s the ability to access mass amounts of records at one time became possible. The expertise needed to remotely access and exfiltrate the data was not readily available and the number of markets to monetise the data was limited. Over the past ten years, shadow networks have been used by criminals to collaborate on hacking techniques, exchange hacking advice anonymously and commercialise data on the black market. The intersection of these networks along with the unintentional losses of information have resulted in 5,810 data breaches made public since 2005 (comprising some 847,807,830 records) and the velocity of these events is increasing. Organisations must be prepared for a potential breach event to maintain cyber resiliency. Proper management of a breach response can reduce response costs and can serve to mitigate potential reputational losses.

Cancellability and diversity analysis of fingerprint template protection scheme based on compact minutiae pattern

ABSTRACTAs fingerprints continue toward ubiquity in human recognition applications, growing fingerprint databases will pose an increasingly greater risk of irreversible identity theft in the event of a database breach. Consequently, more focus is being placed on researching new and effective ways of securing fingerprint templates during database storage. Recently, a new fingerprint template protection scheme, based on representing a fingerprint by a sparse 3-, 4-, or 5-minutiae pattern, has been proposed. The most important advantage of this method over other fingerprint template protection schemes is that it employs only a small number of identifying features in the creation of the protected template, such that it is impossible to recover the original fingerprint even if the protected template is compromised. In this article, we present a thorough analysis to demonstrate that this new fingerprint construct also boasts impressive cancellability and diversity properties. Cancellability allows for the replacement of a compromised template with a new template from the same fingerprint, and diversity enables a person to enroll into multiple applications using the same fingerprint without the prospect of being tracked across the different applications.

The impact of repeated data breach events on organisations’ market value

Purpose– This study aims to examine the influence of one or more information security breaches on an organisation’s stock market value as a way to benchmark the wider economic impact of such events.Design/methodology/approach– An event studies-based approach was used where a measure of the event’s economic impact can be constructed using security prices observed over a relatively short period of time.Findings– Based on the results, it is argued that, although no strong conclusions could be made given the current data constraints, there was enough evidence to show that such correlation exists, especially for recurring security breaches.Research limitations/implications– One of the main limitations of this study was the quantity and quality of published data on security breaches, as organisations tend not to share this information.Practical implications– One of the challenges in information security management is assessing the wider economic impact of security breaches. Subsequently, this helps drive investment decisions on security programmes that are usually seen as cost rather than moneymaking initiatives.Originality/value– This study envisaged that as more breach event data become more widely available because of compliance and regulatory changes, this approach has the potential to emerge as an important tool for information security managers to help support investment decisions.

Responses in a temporarily open/closed estuary to natural and artificial mouth breaching

The Great Brak Estuary is a temporarily open/closed estuary located on the south coast of South Africa. The construction of the Wolwedans Dam in the catchment has reduced flow to the estuary by 56%; reducing the intensity of flushing events and causing the mouth to breach less often. The estuary experiences dense growth of the macroalga Cladophora glomerata particularly during the closed mouth condition. This study compared the condition of the estuary following artificial and natural mouth breaching events. The estuary was artificially breached on 1 February 2011 but closed within 16days. When open, a well-developed halocline was present with hypoxic water (<2mgl−1) at depth suggesting little flushing had occurred. A month later, C. glomerata attained its highest area cover (60000m2). In June 2011, the estuary was breached by a 1-in-100year flood, which resulted in a strong tidal exchange of oxygenated water (>4mgl−1). Consequently, this prevented the re-establishment of C. glomerata and supported the growth of submerged macrophytes. This research highlights the direction that small microtidal estuaries around the world are heading; as the number of dams and the amount of water being abstracted increases, the amount of water needed for ecological processes is decreasing and the mouths of estuaries are likely to close more frequently and for longer.

Evidence of an emerging levee failure mechanism causing disastrous floods in Italy

AbstractA levee failure occurred along the Secchia River, Northern Italy, on 19 January 2014, resulting in flood damage in excess of $500 million. In response to this failure, immediate surveillance of other levees in the region led to the identification of a second breach developing on the neighboring Panaro River, where rapid mitigation efforts were successful in averting a full levee failure. The paired breach events that occurred along the Secchia and Panaro Rivers provided an excellent window on an emerging levee failure mechanism. In the Secchia River, by combining the information content of photographs taken from helicopters in the early stage of breach development and 10 cm resolution aerial photographs taken in 2010 and 2012, animal burrows were found to exist in the precise levee location where the breach originated. In the Panaro River, internal erosion was observed to occur at a location where a crested porcupine den was known to exist and this erosion led to the collapse of the levee top. This paper uses detailed numerical modeling of rainfall, river flow, and variably saturated flow in the levee to explore the hydraulic and geotechnical mechanisms that were triggered along the Secchia and Panaro Rivers by activities of burrowing animals leading to levee failures. As habitats become more fragmented and constrained along river corridors, it is possible that this failure mechanism could become more prevalent and, therefore, will demand greater attention in both the design and maintenance of earthen hydraulic structures as well as in wildlife management.

What Role for Law, Human Rights, and Bioethics in an Age of Big Data, Consortia Science, and Consortia Ethics? The Importance of Trustworthiness.

The global bioeconomy is generating new paradigm-shifting practices of knowledge co-production, such as collective innovation; large-scale, data-driven global consortia science (Big Science); and consortia ethics (Big Ethics). These bioeconomic and sociotechnical practices can be forces for progressive social change, but they can also raise predicaments at the interface of law, human rights, and bioethics. In this article, we examine one such double-edged practice: the growing, multivariate exploitation of Big Data in the health sector, particularly by the private sector. Commercial exploitation of health data for knowledge-based products is a key aspect of the bioeconomy and is also a topic of concern among publics around the world. It is exacerbated in the current age of globally interconnected consortia science and consortia ethics, which is characterized by accumulating epistemic proximity, diminished academic independence, “extreme centrism”, and conflicted/competing interests among innovation actors. Extreme centrism is of particular importance as a new ideology emerging from consortia science and consortia ethics; this relates to invariably taking a middle-of-the-road populist stance, even in the event of human rights breaches, so as to sustain the populist support needed for consortia building and collective innovation. What role do law, human rights, and bioethics—separate and together—have to play in addressing these predicaments and opportunities in early 21st century science and society? One answer we propose is an intertwined ethico-legal normative construct, namely trustworthiness. By considering trustworthiness as a central pillar at the intersection of law, human rights, and bioethics, we enable others to trust us, which in turns allows different actors (both nonprofit and for-profit) to operate more justly in consortia science and ethics, as well as to access and responsibly use health data for public benefit.

Bouncing back from psychological contract breach: How commitment recovers over time

SummaryThe post‐violation model of the psychological contract outlines four ways in which a psychological contract may be resolved after breach (i.e., psychological contract thriving, reactivation, impairment, and dissolution). To explore the implications of this model for post‐breach restoration of organizational commitment, we recorded dynamic patterns of organizational commitment across a fine‐grained longitudinal design in a sample of young academics who reported breach events while undergoing job changes (N = 109). By tracking organizational commitment up until 10 weeks after the first reported breach event, we ascertain that employees may indeed bounce back from a breach incidence, albeit that some employees do so more successfully than others. We further demonstrate that the emotional impact of the breach and post‐breach perceived organizational support are related to the success of the breach resolution process. Additionally, we reveal a nonlinear component in post‐breach trajectories of commitment that suggests that processes determining breach resolution success are more complex than currently assumed. Copyright © 2015 John Wiley &amp; Sons, Ltd.

Особенности правового регулирования лицензионных договоров о предоставлении права использования товарного знака

The article examines current legal problems which arise in connection with trade mark license contracts. In the contemporary business environment a problem of liability for non-ensuring quality control under trade mark licensing law has become increasingly important. Restrictive business practices and regulation of parallel import is another concern. Authors analyze not only provisions of the substantive law but also legal regulation of the relevant issues concerning the conflict of laws rules. The article also tackles a major problem in the sphere of international private law: correlation of lex contractus and lex loci protectionis connecting factors. Lex contractus covers contractual aspects of the trade mark license such as contract interpretation, mutual obligations of the parties, their performance, discharge and consequences of breach thereof. And lex loci protectionis governs non-contractual aspects such as existence, validity and protection of the right to the trade mark itself. Sometimes it is difficult to label certain issues, like the licensee’s allowed continued use of the mark after the termination of the license, as contractual or non-contractual. The article offers comprehensive analysis of all these questions on the basis of the most recent legislation, court practice and doctrines, both Russian and foreign.

Estimates for Reasonable Data Breach Prevention

Firms spend operating costs to mitigate the risk of data breach events. However, firms may not know how much to spend to prevent data breach events with varying incidence frequencies. I present a model that estimates the relationship of breach prevention spending to breach incidence rates for individual firms. After constructing a likelihood function, I use simulated results to show parameter estimates for a range of spending and breach frequencies. Probabilities for counterfactual scenarios are available as well. This model can accommodate variation in firm size, security spending, incidence frequency, and breach types. Estimates can show whether a firm’s breach prevention efforts fall within a range of industry averages.