Legitimate Use Research Articles

Home Address Exemptions are the Wrong Approach in Protecting Privacy

This commentary lays out six reasons why broad exemptions for home addresses in public records laws do little to protect people's privacy and hinder the ability for journalists, businesses and others to serve society. These exemptions are based on fear-inspiring anecdotes, provide the public a false sense of security, ignore the fact home addresses are available elsewhere to those with means and motivation, lead to a slippery slope toward crimininalization of publication, restrict legitimate use of home addresses, and do not pass intermediate scrutiny that one might apply to other restrictions on information gathering. Instead of restricting valuable information, policy makers should focus their efforts on the actual harmful acts intended to be addressed, such as identity theft, doxing, harassment and assault.

KIBERMAKONDA AVATARLARNING INTELLEKTUAL MULK OBYEKTI SIFATIDA TUTGAN OʻRNI

This article discusses cyberspace in detail, its appearance, the basics of development, and aspects related to interaction with social networks. A scientific analysis of the legal regulation of maintaining order in cyberspace was carried out, and its legal nature and scientists’ reviews of cyberspace were analysed. Special emphasis is paid to avatars, which are considered means of social relations in cyberspace, their concept, essence, and significance of content, and new objects of social relations in cyberspace. The article reflects the characteristics of avatars associated with the virtual world, cyberspace in general, and the opinions and recommendations of scientists in this regard. There was also a scientific analysis of the characteristics of avatars associated with cyberspace, as well as the limits and methods of their legitimate use. In this regard, statistical materials conducted by scientists were also cited. Protection, order, types, and methods of intangible benefits are distinguished in cyberspace. Alternatively, the fact that avatars are the result of intellectual activity, and considered objects of intellectual property, scientific definitions given by mature scientists as their basis are analyzed, in addition, the calculation of avatars as objects of intellectual property is studied on the basis of international and national norms. In cyberspace, opinions were expressed on the need to create a mechanism aimed at the direct regulation of avatars as an object of intellectual property, as well as the further development of digital law in this regard.

Moral Injury, Moral Identity, and "Dirty Hands" in War Fighting and Police Work.

In this article, I undertake three main tasks. First, I argue that, contrary to the standard view, moral injury is not a species of PTSD (post-traumatic stress disorder) but rather, on the most coherent conception of moral injury, PTSD is (in effect) a species of moral injury. In doing so, I make use of the notion of caring deeply about something or someone worthy of being cared deeply about. Second, I consider so-called "dirty hands" actions in police work and in war, and distinguish these from the morally legitimate, but harmful, actions of police officers and of war fighters, such as the morally legitimate use of coercive force and lethal force (respectively). While the morally legitimate use of harmful methods is constitutive of these occupational roles, "dirty hands" methods are not. Roughly speaking, a "dirty hands" action is one that is morally wrong and (typically) unlawful but done for the sake of a good outcome. Both categories of action are conducive to moral injury, but "dirty hands" actions much more so, especially given the slippery moral slope from "dirty hands" actions to egregious moral wrongdoing. Third, I offer some recommendations for reducing moral injury among police officers and war fighters.

Post-2018 Ethiopia: state fragility, failure, or collapse?

Owing to the multifaceted problems in which Ethiopia has been embroiled, such as war, displacement, and humanitarian crisis, writers arbitrarily use terms such as “state fragility,” “state failure,” and “state collapse” to represent the situation. This paper intends to determine what these concepts mean and to analyze whether post-2018 Ethiopia can be characterized by state fragility, failure, or collapse. To this end, I use a qualitative approach in which I gathered relevant data mainly from secondary sources. Accordingly, the study shows that state fragility, state failure, and state collapse are concepts related to the capacity and ability of the state to exercise a monopoly on the legitimate use of violence and perform its basic functions well. State fragility occurs if the state fails to exercise a monopoly on violence, protect its citizens, provide adequate public services, and maintain legitimacy. State failure, on the other hand, occurs when these problems become more critical, challenging the state’s existence. Finally, state collapse occurs when a state is completely disintegrated, leaving an authority vacuum. Based on this understanding, my findings indicate that Ethiopia is currently in a fragile condition and has started the process of descent into state failure. This apparent weakness of the state has devastating implications for the region, given the country’s previous stabilizing role, large population, and shared border with other regional states, among others. I argue that unless the necessary actions are taken, the situation might become worse and further destabilize an already volatile region.

(2929–2931) Proposals to conserve the names Dipterocarpoxylon with a conserved type against Hippocrateoxylon, Dryobalanoxylon against Naucleoxylon, and Shoreoxylon against Bredaea and Grewioxylon (fossil Dipterocarpaceae, Magnoliophyta)

(2929–2931) Proposals to conserve the names <i>Dipterocarpoxylon</i> with a conserved type against <i>Hippocrateoxylon</i>, <i>Dryobalanoxylon</i> against <i>Naucleoxylon</i>, and <i>Shoreoxylon</i> against <i>Bredaea</i> and <i>Grewioxylon</i> (fossil <i>Dipterocarpaceae</i>, <i>Magnoliophyta</i>)

The ‘Screw Boys’ and the ‘Businessmen’: Re-Negotiating Penal Power, Governance and Legitimate Authority Through a Prison Violence Reduction Scheme

AbstractDrawing on ethnographic and qualitative research, this article explores how both prisoners and staff wield authority in prison and with what effects. It combines legitimacy theory and governance theory to consider the relationship between legitimate and illegitimate governance by prisoners and officers, as well as establishing the limits of prisoner governance in remedying the deficits in State illegitimacy. It is argued that legitimate governance by prisoners (in the form of peer-support roles) must be coupled with the legitimate use of authority by prison officers to avoid the emergence, or expansion, of illegitimate prisoner governance. When this does not exist, such peer-support roles can distort the system of power and stimulate, rather than arrest, greater decline in social and moral order.

The progressive use of force by police officers against human rights

The progressive use of force guarantees the right to citizen security, for this, the National Police is empowered to intervene and guarantee public order, based on human rights. These are the main ideas in this article, which has as a general objective: To critically review the progressive use of force by police officers against human rights in Ecuador. The research approach is qualitative, applying methods such as the historical-logical, and the inductive. That it is determined that Ecuador has different laws that establish the limits of the use of force, among them: the Constitution of Ecuador, the Comprehensive Criminal Organic Code, the Organic Code of Citizen Security and Public Order Entities and the recent enactment of the Law that regulates the legitimate and exceptional use of police force, the Armed Forces and the penitentiary system. Despite all the reforms undergone regarding the progressive use of force, the problems in this regard have not been sufficiently resolved, an example of this is the exponential increase in crime at the national level, detecting, in contrast, the violation of human rights. humans when applying such progressive use.

CERTAIN ASPECTS OF USING A PHONOGRAM AS AN OBJECT OF RELATED RIGHTS

The production of phonograms of works is a process that requires not only financial costs, but also organizational arrangements to obtain the consent of the author of a musical work, and in the case of recording a song – the author of lyrics, to record their performance as part of a new complex audio work. However, the mere authors' consent to use their musical and literary work in the production (recording) of a phonogram does not imply its further use by the manufacturer without the authors' consent. An exception is a purchase by the phonogram producer on the basis of contracts for the transfer of exclusive rights to the respective work. The article reveals an ambiguous interpretation of the provisions of Paragraph 2 of Article 1323 of the Civil Code of the Russian Federation, providing for the obligation of the phonogram producer to use it in compliance with the rights of the authors of works and the rights of performers. The respect for the rights of authors and performers is understood not only to indicate them when using a phonogram but also to obtain their consent to use it in any of the ways provided for in Part 2 of Article 1324 of the Civil Code of the Russian Federation. Purpose: to analyze the conditions for the legal use of a phonogram with the requirement established by Paragraph 2 of Article 1323 of the Civil Code of the Russian Federation to respect the rights of authors of works and the rights of performers on the examples of judicial practice. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; specific scientific methods: legal-dogmatic and understanding of legal norms. Results: based on the analysis of the law enforcement practice in settling disputes on claims of holders of the rights to musical and literary works to protect the violated right when placing a phonogram of a musical work by a phonogram producer or a person who acquired the exclusive right to a phonogram on the basis of a contract, the author concludes that the holder of the exclusive right to a musical work in case of the discovery of the placing on the Internet of a phonogram, an integral part of which is a musical work belonging to him, he has the right to apply to the court for protection of the violated right. His lack of rights to perform musical works and their phonograms as objects of related rights, the lack of rights to lyrics of the song is not a ground for refusing to satisfy the requirements for the protection of exclusive rights to musical works (music, song as a verbal and musical work used in the phonogram). To confirm legitimate use of a phonogram, it is necessary to provide evidence of obtaining the right not only to record (phonogram), and performance, but also to the musical work itself (with text and music), that is, both related rights and copyrights must be acquired. This is the feature that determines the legality of using a phonogram by any of the methods provided for in Part 2 of Article 1324 of the Civil Code of the Russian Federation.

Stimulant use by athletes

Stimulant use by athletes

A Global Survey of Android Dual-Use Applications Used in Intimate Partner Surveillance

Intimate partner violence (IPV) is a pervasive societal problem that affects millions of people around the world. IPV perpetrators increasingly weaponize digital technologies like mobile applications (“apps”) to spy on, monitor, and harass victims. Surveillance-capable apps can have legitimate use cases, for example, locating children, and are therefore easily available on various mobile app stores like the Google Play Store. Nevertheless, these applications are easily repurposed by abusers to track their victims. The problem of such dual-use apps in IPV is global. However, current understanding of the ecosystem of such apps is limited to English-language apps, potentially limiting its relevance to non-English speaking IPV survivors across the world. In this paper, we study the prevalence of dualuse applications found in 15 languages and 27 countries. We collected 51,868 unique apps in 2020 from the Google Play Store, using queries such as “track wife’s location.” Through a semi-manual analysis of a subset of these apps, we discovered 854 unique dualuse apps, and estimate that among the apps collected from Google Play, 3,988 are dual-use apps. We found notable differences in app search results, suggested queries, and marketed capabilities of dual-use apps across different languages. For instance, we identified that 18% of dual-use apps do not have an English description, and 28% could not be found using English queries. Google Play (cursorily) blocks certain queries referring explicitly to intimate partner surveillance (IPS) to discourage potential abusers, but the blocking efficacy varies across languages. For example, we found that 80% of explicit IPS queries for English are blocked, but none for Bengali, Chinese, Hindi, Malay, Thai, and Vietnamese. Thus, abusers fluent in those languages can evade such blocking with no effort.

Sociocultural positivism: Critical evaluation in three research vignettes

The paper develops a critical evaluation of sociocultural positivism by contrasting it with universal positivism, on the one hand, and with unique authorial dialogism, stemming from Bakhtin’s dialogical framework, on the other hand. I will bring three research vignettes to make my analysis more grounded: on universal positivism, on sociocultural positivism, and on authorial ethical dialogism. Sociocultural positivism is not rebuked or rejected, but rather it must be limited in search for the boundary of its legitimate use and existence. A complementary framework based on Bakhtin’s philosophical framework of dialogism that would deepen sociocultural positivism is proposed.

“Hominids with an Infected Brain” Engage in Viral Debate: Agamben and Žižek on the Impact of the Coronavirus Pandemic on Human Relationships

“Hominids with an Infected Brain” Engage in Viral Debate: Agamben and Žižek on the Impact of the Coronavirus Pandemic on Human Relationships

Integrating CSI Sensing in Wireless Networks: Challenges to Privacy and Countermeasures

The path toward 6G is still long and blurred, but a few key points seem to be already decided: integration of many different access networks; adoption of massive MIMO technologies; use of frequencies above current radio spectrum up to THz and beyond; and inclusion of artificial intelligence and machine learning in standard management and operations. One additional point that is less discussed, but seems key for success, is the advanced use of channel state information (CSI) for both equalization and decoding purposes as well as for sensing ones. CSI-based sensing promises a plethora of new applications and a quantum leap in service personalization and customer-centric network management. At the same time, CSI analysis, being based on the physical characteristics of the propagated signal, poses novel threats to people's privacy and security: No software-based solution or cryptographic method above the physical layer can prevent the analysis of CSI. CSI analysis can reveal people's position or activity, allow tracking them, and discover details on the environment that today can be seen only with cameras or radars. In this article, we discuss the current status of CSI-based sensing and present some technologies that can protect people's privacy and at the same time allow legitimate use of the information carried by the CSI to offer better services.

Introduction toVisual Arts ResearchSpecial Issue, Body Cam: The Visual Regimes of Policing

Introduction to<i>Visual Arts Research</i>Special Issue, Body Cam: The Visual Regimes of Policing

State Building in Crisis Governance: Donald Trump and COVID-19.

State Building in Crisis Governance: Donald Trump and COVID-19.

Еlectronic video magnifiers as a low-vision aid for patients with Stargardt disease

Electronic video magnifiers outperform optical systems in terms of convenience and image quality. However, visually impaired patients and ophthalmologists in Russian Federation mostly lack knowledge of these useful technical rehabilitation devises. As shown by a survey of patients (n=141) with inherited retinal dystrophy, conducted by the public organization Look To See! 13% of patients use video magnifiers for writing, and 25% are satisfied with their devices. This article compensates for the gap in knowledge about electronic video magnifiers.&#x0D; Video magnifiers come in three main types: handheld, desktop, and portable. Wearable video magnifiers are the recent addition to these types. Each type has its own advantages and disadvantages, which determine their main functionality. Handheld video magnifiers are suitable for reading, desktop ones are used to equip a workplace; portable ones are ideal for schoolchildren because they can be used in reading and writing and easily carried to classes. Wearable video magnifiers are a promising class, but a well-established view on their use is still lacking.&#x0D; Ophthalmologists must have not only knowledge about the technical component but also the mechanism of operation of video magnifiers and how to draw up the necessary documents for their acquisition after establishing a disability and for their legitimate use in a general education school.

Gewalt im Namen des Islam: Muslimische Fragen und Antworten

Abstract Distinguishing Islamism from „mainstream,“ non-Islamist Islam is not always an easy task as far as the basic assumptions concerning the nature of Islam and its normative foundations are concerned. It is with regard to strategy in general and the use of violence (especially against Muslims) in particular, that distinctions tend to become sharply drawn. Islamists aim to transform state, society, culture, and law in light of the normative texts of the Qur’an and Sunna, considering the early period of the prophet Muḥammad and his successors (the “pious ancestors”) as the definitive model of an Islamic order. Jihadist Islam pre-dates 9/11 but was propelled into new directions as a result of these acts of violence. The legitimate use of violence, and of Jihad, has always been a contentious issue among Muslims. Significantly, the religious status and affiliation of those involved (Muslims; recognized non-Muslim communities; non-Muslims living beyond the Islamic realm; self-declared Muslims not recognized as such by their enemies) have played a crucial role in these debates. At the core of contention is takfīr, the accusation of unbelief launched against self-declared Muslims, be they Sunni, Shi’i or other. Sayyid Qutb (1906-1966) elaborated the theological underpinnings of takfīr, but it was militant Islamist groups that took the concept to it extremes and put it into practice. Faced with a jihadist logic based on the Qur’an and Sunna, Islamic scholars and Muslim political authorities have propagated the principle of moderation (wasaṭ and wasaṭiyya) as the truly Islamic model of thought and behavior. While wasaṭiyya lacks the emotional and medial resources available to its militant opponents, and while it has been denounced as a strategy of containment employed by the powers-that-be, it seems to have been embraced by broad Muslim audiences.

Attribute-based access control scheme for data sharing on hyperledger fabric

With the popularization of the IoT and big data, the application value of data has become increasingly prominent. Therefore, it is particularly important to ensure the legitimate use of privacy data in the process of data sharing through access control. Traditional schemes usually use a trusted central organization to implement access control. However, a fully trusted central organization does not exist, and the access process of centralized access control is also opaque. In order to solve these problems, in this paper, we propose a decentralized attribute-based and fine-grained access control scheme for data sharing on Hyperledger Fabric. Firstly, the encrypted data is stored on the InterPlanetary File System (IPFS) and the returned hash is saved in the blockchain, by virtue of the immutability of blockchain. Secondly, a decentralized fine-grained attribute-based access control through smart contracts to prevent unauthorized users from accessing data resource. Thirdly, the linear integer secret sharing algorithm is used to achieve symmetric key sharing among multiple attributes to ensure the security of the key. Finally, the security analysis of the proposed scheme and the performance evaluation using the Hyperledger Caliper tool show the feasibility and effectiveness of the new scheme.

Mencius and Xunzi on the legitimate use of offensive force: A pacifistic critique of recent just war interpretations

AbstractThis essay offers a critical evaluation of competing interpretations of the early Confucian thinkers Xunzi and Mencius regarding their view of the legitimacy of war. First, I briefly describe and critique Daniel Bell's “just war” interpretation of Mencius, which is relatively permissive regarding the legitimation of war. I then consider and critique the position of Sumner Twiss and Jonathan Chan regarding Mencius' and Xunzi's ostensible support for what we call “humanitarian intervention,” which is also made from a just war perspective. Next, I describe Xinzhong Yao's pacifistic interpretation, offering a slightly qualified defense of it. I then consider reframing this view as “just war pacifism,” defending a phrase used in the Confucian context by Julia Ching. Finally, I address the question of whether the pacifistic account is too naïve to attribute to these great Confucian thinkers. I maintain that, on the contrary, it is not naïve. Indeed, it is a position we would do well to give due consideration.

Regulating Heritable Human Genome Editing: Drawing the Line between Legitimate and Controversial Use.

In general, to modify the human germline is prohibited. However, regulating the use of HHGE might be a more efficient method than the actual ban. Indeed, when genome editing is safe for introduction in clinical practices, it is frequently proposed that the prohibition is lifted solely for therapeutic purposes, i.e., to eliminate serious genetic diseases. Definitions of the concepts of health and disease are controversial and may only be reached by adopting a value-laden approach, which may rise concerns about legal certainty and have possible discriminatory effects. Nor the threshold of the seriousness of the disease might be used to solve these issues. A different model might then be adopted for the assessment of the permissibility of HHGE, i.e., the PGD model. However, such model should not be implemented as the only criterion, but should rather be a "minimum threshold": HHGE should be allowed whenever used to correct a genetic defect for which PGD is possible.