User Rights Research Articles

Do bicyclists and pedestrians support their city as an autonomous vehicle proving ground? Evidence from Pittsburgh

Autonomous vehicles (AVs) have made significant progress in recent years, including entering the testing stage on urban roads. However, there still is a relative lack of knowledge on the public acceptance of AV road tests in their cities. This paper fills this gap by modeling the survey data collected by BikePGH in Pittsburgh. Special attention was paid to two types of typical vulnerable road users, bicyclists and pedestrians. An ordered probit model was built to investigate the factors associated with bicyclists’ and pedestrians’ willingness to support their city as an AV proving ground. The model results indicated that adults aged 65 years and older were more likely to support AV testing than those aged 25-44 years old. Bicyclists’ and pedestrians’ attitudes on the perceived safety and benefits of AVs were positively associated with the willingness to support their city as an AV proving ground. Also, we applied a mediation model to explore the suppressor variable, finding that the influence of interactive experience on bicyclists’ and pedestrians’ willingness to support AV tests in their city was mainly suppressed by the perceived safety of AVs. We recommend AV companies protect the rights of vulnerable road users when testing their AVs on proving grounds.

ANALISIS YURIDIS SURAT SERUAN GUBERNUR NOMOR 8 TAHUN 2021 TENTANG PEMBINAAN KAWASAN DILARANG MEROKOK

This study aims to analyze the legal position of the Governor's Letter of Appeal Number 8 of 2021 concerning the Development of a No Smoking Area associated with the rights of cigarette sellers and users. This research is a type of descriptive research using a qualitative approach. The technique used to collect data using observation, literature study and tracing and archives. The results show that the Governor's Letter of Appeal Number 8 of 2021 concerning the Development of a No Smoking Area has ambiguity in its regulation in positive law in Indonesia, both from legal sources that are followed up, the substance and who signed the Governor's Appeal do not have certainty. If the Governor's Letter of Appeal Number 8 of 2021 concerning the Development of a No Smoking Area is discretionary, then it is not in accordance with AUPB. The application of the Governor's Letter of Appeal Number 8 of 2021 concerning the Development of a No Smoking Area is contrary to the Decision of the Constitutional Court Number 6/PUU-VII/2009 and the Constitutional Court Number 57/PUU-IX/2011. Then, with the issuance of the Governor's Letter of Appeal Number 8 of 2021 concerning the Development of No Smoking Areas, it has caused losses for cigarette sellers and cigarette users, not only in Jakarta, but also outside Jakarta. In practice, legal products in the form of a Governor's Letter of Appeal are only found in Jakarta. It is hoped that in the future there will be a clear setting of boundaries regarding the formation of the Governor's Letter of Appeal.

How (un)readable are the European and UNESCO Cultural Conventions in the Digital Era?

In 1954, the Members of the Council of Europe adopted the European Cultural Convention. In 2005, UNESCO ratified a Convention on the Protection and Promotion of the Diversity of Cultural Expressions. In 2017, the Conference of Parties at the 2005 Convention approved the Operational Guidelines on the Implementation of the Convention in the Digital Environment.
 How different, or similar, are these documents in terms of (legal) language and contents? The literature has long discussed the features hallmarking the language of the law. Do these characteristics also apply to international conventions? Are these documents somehow affected, or influenced, by the digital era and media discourse? This paper aims to answer these questions by exploring the (dis)similarities among these important documents in terms of content and use of legal terminology vis-à-vis the global media landscape. It will shed light on the accessibility and intelligibility of these documents to the layperson in terms of clarity, content, sentence structure and syntax. It will explore whether any form of legalese is applied and whether the drafting style is either formal or informal; solemn or simple, and (un)influenced by media or digital language. The paper findings will remark that the European Convention and, surprisingly, the more recent UNESCO Convention, are characterized by a formal, detached and rather archaic style, being addressed to its member states. To some extent, instead, the Operational Guidelines are more reader-friendly and accessible to the (digital) layperson. They contain, in fact, more elements of plain English and cater for the new rights of Internet users.

Governance of IoT Data: Why the EU Data Act Will not Fulfill Its Objectives

Abstract The EU Data Act proposal (DA) seeks to introduce new rights for the users of internet of things (IoT) devices regarding access, use and sharing of the data generated through their use of these devices. This paper presents the results of a first analysis of the effectiveness of this ‘user rights’ mechanism from a ‘law and economics’ perspective. It concludes that the DA will not achieve its objectives of (a) empowering the users of IoT devices (especially the consumers), (b) unlocking large amounts of IoT data for innovation (for IoT-related services and across sectors), and (c) contributing to a fair sharing of the value from the generated IoT data. Although the DA correctly identifies the main problem arising from manufacturers’ technical design of IoT devices, which grants them exclusive de facto control over the generated IoT data, its proposals for solving it are not close to being sufficient: (1) The proposed user rights mechanism suffers from manifold serious problems which will make it weak and largely ineffective (insufficient scope of data; lacking technical interoperability; high transaction costs, especially through the need for a negotiated contract with FRAND conditions; unclarity regarding data markets). (2) Also, the option for users to gain more control over the use of the IoT data, which operates through the requirement that the data holders can only use the IoT data on the basis of a contract with the users, will not work due to unsolved serious market failure problems in B2C situations. Therefore, all the rights to use the IoT data will end up with the data holders (and leave the consumers with only these weak user rights). The main reason for this negative assessment of the DA is its overemphasis on the protection of the exclusive de facto control position of the data holders. However, it is very doubtful whether in the case of IoT devices, whose price can cover the costs of data generation, any general incentive problem for investing in data-generating IoT devices exists. Therefore, a far-reaching rebalancing in favor of easier and increased data sharing and user empowerment is necessary, especially for enabling more innovation in the data economy.

Joint venture wildlife management of the Loliondo Game Controlled Area in Tanzania: a multi-criteria analysis

ABSTRACT This study focuses on wildlife management in the Loliondo Game Controlled Area (LGCA) in the northern region of Tanzania. There are ongoing concerns surrounding wildlife management in the LGCA including an acute lack of community involvement in the wildlife management planning and decision-making process, poorly defined property rights, and the unequitable distribution of the economic benefits generated from the ecotourism and trophy hunting schemes being implemented. Employing multi-criteria analysis techniques, this study explores and evaluates the alternative wildlife management options for the wildlife tourism site at issue. The joint venture wildlife management option has been identified as the most preferable. Under a joint venture wildlife management scheme, trophy hunting and ecotourism is allowed in the area designated for conservation, while livestock grazing, agriculture, and village settlements are permitted in the remaining area of the LGCA. Under this scheme, a community-based organization (CBO) is granted user rights to wildlife and other natural resources in the conservation area. A joint venture programme is established between commercial investors and a CBO. The study argues that joint venture wildlife management should be introduced to ensure well-defined property rights, implement efficient wildlife conservation, and the equitable share of economic benefits across the various stakeholders.

Publication of Usage Rights Certificates on Ownership Land by the Regional Government for the Development of Public Facilities

This study aims to determine the legal implications of the issuance of right of use certificates on land owned by individuals, as well as to determine the responsibility of the National Land Agency and the Gowa Regency Government for the issuance of certificates of use rights on land owned by individuals. This study uses an empirical legal research type, which examines and analyzes how the law works in the community. Research results (1) there are no rules governing the transfer of personal rights into state ownership, but in practice if such a thing happens, the legal basis used is Article 131 of the ART/BPN Ministerial Regulation Number 3 of 1997. Where the registration of the abolition of rights itself must accompanied by a statement of release of rights to the state which is signed before the Head of Regency/City BPN. (2) The BPN is also responsible for revoking/cancelling one of the certificates deemed invalid. Meanwhile, the local government of Gowa Regency is responsible for clearing the land without any burden on it. Keywords: Transfer of Land Rights, Use Rights, and Ownership Rights

Inheritance of digital assets: Analyzing the concept of digital inheritance on social media platforms

We are moving toward a technologically driven world where the traditional way of looking at assets merely from a physical perspective is slowing evolving to include digital assets. With our extreme indulgence in internet activities, we end up creating a heap of digital assets without realizing the risk associated with its privacy and ownership after death. We share our personal pictures, videos, thoughts, and beliefs through daily posts on social media platforms. All these files are a type of digital assets with social and emotional value, but neither the law nor the social media platforms take strong steps for preserving them and ensuring their inheritance after the user’s death. There is no universally accepted definition of digital assets and hence the concept of digital asset inheritance is in vain. This paper analyzes the posthumous rights of a social media user. It also explores the laws available in the US and India that protect the digital assets and examines the rules and regulations adopted by some of the most important social media platforms for the inheritance of the digital assets. Recommendations and suggestions for the practical implementation of digital inheritance are provided.

독일의 저작권-서비스제공자법 (Urheberrechts-Diensteanbieter-Gesetz)의 주요 내용 분석과 시사점

Recently, some online platform regulations have been the subject of debate regarding Platform Responsibilities in the EU, U.S.A., Korea, and Japan. In 2019, the European Union introduced Article 17 of the Digital Single Market Directive that strengthens liabilities for online content-sharing services providers (OCSSP). First, in the EU, Germany enacted a new Copyright-Service Provider Act to introduce Article 17 whose directive is the OCSSPs’ direct responsibility for communicating copyright-infringing content to the public and to make their best efforts to obtain licenses from the copyright-holder to receive immunity from copyright infringement. OCSSPs must take blocking measures to prevent the continuous upload of copyright-infringing content in the future if the right-holder of the contents informs OCSSPs of the substantial information that copyright infringing content is servicing their platform. The German Act introduced some articles to respond to an overblocking measure of OCSSPs. For example, “Uses authorized by law”, “Uses presumably authorized by law”, “Minor uses”, and “Flagging of uses authorized by law” are introduced to ensure the fundamental rights of service users. In addition, OCSSPs should pay compensation to the copyright-holder and related-rights holder, if works are used for fair use. Compared to the Korean Copyright Act, OCSSPs may belong to a hosting service provider and a special type of online service provider. An obligation to obtain a license, to take notice and stay down, and to pay compensation, is necessary for debating the improvement of Korea’s online service provider immunity regulations.

An empirical test of groundwater pumping effects on river flow and temperature: Chemainus River case study

Groundwater abstraction from pumping wells can reduce the flows and water levels of hydraulically connected surface waters, which can affect aquatic communities and water rights of other users. Four pump tests were implemented in the 2016 summer low-flow period to measure groundwater pumping effects to Chemainus River surface water flow and temperature. The effect of pumping on surface flow was estimated using four metrics based on differences between measured and predicted flow at a hydrometric gauge located 340 m from the groundwater wells. Differences were estimated as residuals from a regression model relating flow at this gauge to flow at a gauge 1.3 km upstream of the wells. The effect of pumping on surface water temperature was assessed using daily maximum and daily average water temperature at gauges located 340 m and 1.4 km downstream of the wells. An effect of pumping on river flow was measurable when the pumps were turned on and shut off. The consistency of measured effects across all tests and the absence of discernable trends within and across tests indicate that the average effect of pumping across a broader period is equivalent to the average of all before and after comparisons, which was estimated as 9.9 L/s ± 12.1 L/s, or 5.5% of river discharge at the time of the tests. Groundwater pumping did not result in a detectable shift in water temperature. The results indicate that changes in water temperature in relation to the pump tests were smaller in magnitude or spatial scale than the detection limits of the implemented experimental design. This case study provides an example of quantification of pumping effects on stream flow and temperature, as required by the Water Sustainability Act for licensing of groundwater abstraction. We suggest this approach could be used elsewhere to quantify effects of groundwater abstraction.

Deprivation of Liberty in the Shadows of the Institution, Lucy Series

Lucy Series is known for her blog ‘The Small Places’. As the work of a Wellcome Trust Fellow, the electronic formats of her latest book have been released for free and thus is likely to gain a wider readership than many monographs. The book provides a history of the legal regulation of institutions dealing with mentally ill people and people with learning disabilities from the nineteenth century onwards and proceeds to an analysis of contemporary developments in the legal status of the people who live in a widening category of quasi-institutions located in that physical and conceptual place commentators sketchily identify as ‘the community’. The book considers the prospects for the implementation of the Liberty Protection Safeguards (LPS) and considers whether the rights of service users are likely to be enhanced or tidily managed away. The book documents a procession of scandals in institutional care, from the incarceration of wealthy heirs in private asylums by relatives at the dawn of the era of regulation to bullying and brutality taking under the noses of regulators in supposedly specialist hospitals such as Winterbourne View as revealed by undercover filming for Panorama in 2011. The creation of supposed places of safety and refuge contributed to new forms of stigma whereby the personhood of patients and residents was undermined and their vulnerability to abuse was increased.

Copyright reformed: the narrative of flexibility and its pitfalls in policy and legislative initiatives (2011–2021)

ABSTRACT This article reviews selected copyright policy and legislation at the international, regional and national levels during the period 2011–2021. It identifies a common and consistent narrative that supported reform initiatives in the surveyed jurisdictions: the modernization of copyright requires greater flexibility so that the undertaking of certain acts without authorization is not unduly restricted and a fairer balance of rights and interests may be, as a result, achieved. Through the analysis of reform initiatives in different areas of copyright and across several different jurisdictions, it is shown how the flexibility narrative has on occasion had the effect of unduly altering the preventive nature of copyright’s exclusive rights, inappropriately referring to exceptions and limitations as rights of users, overlooking relevant legal obligations and introducing undue rigidity within the system of private autonomy. It is ultimately submitted that flexibility should not be conflated with fairness. As such, policy- and law-makers should be wary of superficially framing ongoing and future reform discourse around such a narrative without considering the shortcomings that it has led and might unduly lead to.

Metered Boot: Trusted Framework for Application Usage Rights Management in Virtualized Ecosystems

The adoption of virtualization and cloud computing technologies have revolutionized how services and applications can be developed, deployed, and operated to achieve better elasticity, flexibility, and scalability. Multiple stakeholders can be involved for providing online services; each of them plays one or more roles (i.e., service operator, application vendor, and infrastructure provider) to create a customized operating model based on the business requirements. The operating model changes from one business to another, and it may even change at different stages of the same business. A trusted relationship among stakeholders for secure information exchange is the key to enable such flexibility. However, traditional usage compliance methods (e.g., in-person audit, dynamic licensing, and subscription) lack explicit trust among involved parties and the flexibility and scalability to support dynamic sizing of services and applications with low overhead. In this work, we argue the need for a new trust framework to manage application usage rights and propose Metered Boot to provide trusted, capacity/usage-based usage rights management for services and applications deployed in virtualized environments. Metered Boot decouples application workload instantiation for service operators, usage rights governance for application vendors, and resource provisioning for infrastructure providers. We leverage cryptoprocessors (e.g., Trusted Platform Module (TPM)) on commodity servers to generate trusted proofs which are managed by efficient cryptographic construction, Merkle hash tree, for usage rights compliance. We integrated our framework with OpenStack and demonstrate that Metered Boot is able to achieve high scalability and low overhead for instantiating virtual network functions (VNFs).

Beliefs and Attitudes of Health Care Professionals Toward Mental Health Services Users' Rights: A Cross-Sectional Study from the United Arab Emirates.

PurposeThe beliefs and attitudes of healthcare professionals (HCPs) towards service user’s rights in mental healthcare are critical to understanding as it impacts the quality of care and treatment, leading to social discrimination and possible coercive professional practices. This study aimed to investigate the association between the HCPs’ beliefs and attitudes towards service users’ rights in seeking treatment in the UAE and to identify or may predict the stigmatized attitudes and behaviors among HCPs.Patients and MethodsData was collected from HCPs participants working at three healthcare entities (n=307) allocated at selected primary and tertiary healthcare settings that specifically treat mental disorders. The Health Professionals Beliefs and Attitudes towards Mental Health Users’ Rights Scale (BAMHS) questionnaire was used to assess the beliefs and attitudes. Unconditional associations using regression models included whether HCPs provide care to specific mental health patients, whether treating mental health patients is part of their jobs, whether HCPs receive professional training for mental healthcare, nationality of HCPs, and the number of years of professional experience.ResultsOur findings demonstrate that HPCs understand mental disorders and feel that individuals’ rights should be equal to those who do not have mental disorders while believing in autonomy and freedom, but there is a level of discrimination and a high level of social distance. HCPs are less tolerant when interacting with those with mental disorders outside their professional lives.ConclusionInterventions with long-term follow-up activities must be implemented and assessed using assessment systems that measure acquired knowledge and actual behavioral change to ensure anti-stigma impact in practice and policy.

Poland’s challenge to Article 17 CDSM Directive fails before the CJEU, but Member States must implement fundamental rights safeguards

Abstract The Court of Justice of the European Union (CJEU) has dismissed Poland’s action for annulment of the new copyright liability regime for specific online platforms but subjected its implementation to strict fundamental rights control. As a result, national implementations must ensure that the rights of users are given sufficient protection against preventive blocking and filtering of content uploads.

Security management of BYOD and cloud environment in Saudi Arabia

The increasing trend of Bring Your Own Device (BYOD) to work has led to a significant surge in the risks related to network security. This trend is very beneficial to employers and employees alike in any organisation. The wide infiltration of spyware, malware and similarly suspicious downloads into personal devices has forced the government to reconsider its policies regarding data security. The malicious programs get downloaded onto the personal devices without the user even realising. This could disastrously affect the individuals and the governments. In the case of such an event, the BYODs become risky as they can make unauthorised policy changes and leak sensitive data into the public domain. This type of privacy breach leads to a domino effect with major legal and financial implications, and a decreased productivity for the organisations and governments. This presents a huge challenge as the governments have to consider the user rights and privacy laws and also protect the networks from these attacks. In this study, the researchers have proposed a novel technical framework that could assist the Saudi government. This framework was designed after determining the challenges that were faced by the government, based on the citizen perspectives, to control all risks challenging the use of the BYODs. This framework decreased the number of system restrictions and enforced access control policies for BYODs and cloud environments. The preliminary results of this study were positive and indicated that the framework could decrease the problems related to access control.

Bioethics and public health policies in Mexico.

Bioethics, as a reference framework for collective decision-making in plural societies, represents a valuable tool for the development, implementation and evaluation of public policies in order to address structural deficiencies and contexts of vulnerability that disproportionately affect certain sectors of the population. To provide guidelines for the strengthening of actions, programs and public policies aimed at addressing the ethical dilemmas and challenges faced by health personnel. A documentary research process was carried out on the moral context faced by health personnel at the federal level. Health budget programs show important gaps in their design, implementation or evaluation, which give rise to various ethical and human rights problems. Given the difficulty for reaching agreements or generating common understanding with regard to public health problems, bioethics contributes to a systematic approach to the challenges of the National Health System, for the safeguarding of the human rights of users, as well as of the integrity of its institutions.

(Retracted) Software development and design of network security system based on log data

With the rapid development of computer network technology and the fact that the network brings convenience to people’s lives and work, security issues cannot be ignored. Various countries and social organizations build a network security vulnerability database based on big data analysis technology, use network offensive and defensive platforms to train network security talents, and the target environment as a core component in the offensive and defensive platforms plays an important role in practice. We construct a large network security data set with a security knowledge system, analyze the current construction technology and vulnerability data characteristics of major vulnerability databases at home and abroad from multiple levels, and propose a vulnerability information correlation technology based on a combination of general vulnerability numbers and specific vulnerability numbers. Also, we comprehensively analyze each vulnerability database, assess the comprehensiveness and coverage of the vulnerability data information covered, and establish the source of the vulnerability data, data reference, security content automation protocol support, proof of concept, platform environment affected by the vulnerability exploitation code situation, and other fields of network security big data sets with security knowledge system. Here, we have completed the design and implementation of the user rights management module, the centralized monitoring module, and the service desk and configuration change management module. The system can accurately monitor the operation of the system in real time, find problems in time, warn of potential risks, and promote the operation and maintenance approach to intelligent. The transformation has improved the efficiency of fault diagnosis and greatly enhanced the safety of the system. Experimental research shows that the software system automatically screens and manually confirms the vulnerabilities that meet the target construction environment, and initially constructs a total of 43 effective target environments, which provides security researchers with the understanding of vulnerability principles, hazards, and targeted network security training. A stable and convenient experimental environment.

Fisher perceptions of Belize’s Managed Access program reveal overall support but need for improved enforcement

A major challenge facing global fisheries is gaining support for sustainable management, which is vital for ensuring the longevity of coastal resources for livelihood and ecosystem benefits. Territorial User Rights for Fishing (TURFs) have emerged as a possible solution to overfishing by requiring fishers to report their catch, color-code their vessels, and fish in designated areas. Belize was the first country in the Caribbean to implement TURFs — in a program called “Managed Access” — with two pilot sites opening in 2011 and seven sites added in 2016. This study evaluates the knowledge, attitudes and perceptions of fishers in the Managed Access program, comparing responses between 2014 and 2019. We collaborated with the Belize Fisheries Department and two local conservation organizations to administer surveys to 362 fishers in 2014 and 123 fishers in 2019, from ten communities in southern Belize. Overall, fishers in both years understood the requirements for acquiring and renewing their licenses, but in 2019, significantly more fishers understood the logbook reporting requirement and the benefits of having tenure rights than those in 2014. 69% of respondents from 2019 support the program in the long run, but 62% report observing illegal fishing behavior. These data suggest a need to educate fishers about the benefits of accurate catch reporting, improve enforcement, and develop fisher empowerment programs, while also guiding management decisions on a national scale. Although the Managed Access program in Belize is fairly new, the lessons learned can be applied to other small-scale fisheries contexts.

Medical Orders for Life-Sustaining Treatment in Correctional Settings.

Medical Orders for Life-Sustaining Treatment in Correctional Settings.

On Data Licenses for Open Source Threat Intelligence

In this article, we discuss use restrictions in public threat data sources that hinder the growth of open source threat intelligence. We also investigate some misunderstandings about data usage rights and suggest directions for explicit licensing.