论数字货币的私法性质——以日本Bitcoin.Cafe数字货币交易所破产案为中心

数字货币，是一种具有财产性价值属性的电磁记录型数据。数字货币在其依存的区块链体系中所彰显的与不特定者之间的支付对价性、与法定货币之间的互换性、使用电子信息处理系统进行转移的在线转移性等特点，得以从数据说的角度，将其作为一种数据性财产权在现行法律框架内对其私法性质进行讨论。有鉴于我国民法总则已将数据纳入保护客体的范畴，数字货币作为数据之一种，理应成为一种新型法律客体，在得到法律理论支撑的基础上获得保护。     

“Big Brother’s Bigger Brother”: The Visual Politics of (Counter) Surveillance in Baltimore

In 2016, without the knowledge of its citizens, Baltimore City Police deployed a military aerial surveillance technology called Wide Area Motion Imagery (WAMI), which can track the movements of every person in public view over the entire city. Though the trial of the “spy plane,” as the program was dubbed, quickly ended in scandal, organizers from Baltimore’s low-income minority neighborhoods successfully rebooted the program in 2020, this time framing WAMI partly as a tool of “sousveillance” (watching “from below”) that can track the movements of police officers. The paper shows how organizers “rebranded” WAMI around two conceptions of sousveillance—“citizen-centered” and “state-centered”—creating an unlikely coalition of supporters from both pro- and anti-policing sides of the criminal justice reform debate. But while the renewed program has vowed to be a “Big Brother” to the state, it will continue to be used for traditional surveillance, raising troubling questions about privacy. The article sheds light on the politics of watching and being watched in the era of technology-driven criminal justice reform.     

The problem of intersectionality as an approach to digital activism: the Women’s March on Washington’s attempt to unite all women

ABSTRACT

This study examined the convergence of activism and intersectionality to understand how communicators create messages about social justice issues using social media. This is particularly relevant for public relations today, as digital activism almost ubiquitously involves bringing together conflicting publics who are active and social media-savvy, meanwhile maintaining an organizational brand/mission. Using the 2017 Women’s March on Washington (WMW) as an object of study, we explored how campaign messages reflected principles of intersectionality, consensus- and dissensus-based communication, and organizational self-reflection. We conducted a thematic analysis of posts from the WMW’s social media accounts as well as media quotes by the organizational leaders to get at the leaders’ intentions in their message design. Data suggested that messages of inclusivity as well as of necessary discord were employed to enact political change for WMW’s publics. We argue that although the WMW was not wholly intersectional, particularly in determining its political agenda, the efforts toward intersectionality are notable for theory-building and reflective practice, particularly for social mediated campaigns. The study proposes a theory for digital intersectional communication to guide future research and advocacy work.     

Digital learning across cultures: an account of activity theory

ABSTRACT

This paper explores a teaching and learning process as it unfolds in an online offshore classroom. The paper reports on teaching and learning narratives distilled from different cultures, namely the cultures of educators and students in the context of digital learning environments. Drawing on activity theory as a conceptual framework to analyse the narrative, we employ self-study as a methodological tool for capturing the dynamism and complexities that unravel in intercultural and technology-enabled teaching activities. The framework explores the relationships, tensions and opportunities of diverse activity elements that constitute the design and delivery of digital pedagogies. In the networked intercultural system, sustaining the position of activity elements and the specific relational circuit that they institutionalise is a key task for understanding digital technologies as an influential tool for effective learning and teaching practices. We argue that seeing the digital platform from the perspective of its role in creating dynamic interrelationships in a complex activity system is one way to move beyond the cultural confines of any particular element in the system.     

Young people,social workers and social work education: the role of digital skills

ABSTRACT

This paper addresses a key issue in the development of youth-focused social work: the role of digital skills in the relationship between young people and social workers who work with these native digital users. To this end, we analysed data from the International Digital Economy and Society Index 2019 and Eurostat. Information from the sixth European Working Conditions Survey and a survey conducted by the Social Care Institute for Excellence and the British Association of Social Workers supported the empirical analysis. The main findings reveal a gap between the level of digital skills required in the labour market and the actual level of digital skills in both young people and social workers, despite efforts by both groups to improve their skills. Initiatives to foster digital skills are therefore recommended to bridge this digital divide. Lastly, it was concluded that both groups could act as mutual drivers of digital transformation.     

Gender,technology and the ablenational Paralympic body politic

ABSTRACT

The Paralympic games is a pedagogic, pervasive, political, powerful, and ‘popular’ cultural site where the heightened visibility of disability bring into being specific forms of disability as they articulate within cultures, institutions and practices. Regarded as a ‘positive charge’ by Stuart Hall, the Paralympics intends to challenge the devalued disabled body politic of typical disability representation. This has been stimulated by the entry of Channel 4 as the UK Paralympic rights holders in 2012 which has seen greater media coverage of certain technologically enhanced cyborgian parasport bodies and an emerging celebrity / sexualized disability culture. This contemporary moment in disability representation provides a compelling space in which to (re-)address the gendered nature of hyper-visible Parasport hybrids, their potential to disrupt ‘normative’ relations of power, and, the wider impact on disability politics in a neoliberalised culture of widening and affective circuits of bodily inclusion and control. Drawing on an integrated content and textual analysis of 90?h of Paralympic programming from the Rio 2016 Games we highlight two emblematic segments so as to enhance our appreciation of contemporary disabled politics as it intersects with gender, technology and nation. We analyse these emblematic segments at the intersection of critical disability studies, cultural studies and sport, using concept of ablenationalism to highlight the extent certain technological capacitated parasport bodies perform gendered representational work as part of the seductive apparatus of neoliberal micro-governance suggestive of an emerging ecology of disability-gender relations. In doing so, we highlight the Paralympic contradictions and interrogate the assumed ‘positive charge’ of the contemporary (re-)presentation of disability.     

Youth Jury Policy Deliberation: Towards a Fair and Responsible Internet

Young people aged between 12 and 17 across three major British cities — London, Leeds and Nottingham — were invited to play the role of ‘jurors’ on a case where ‘the Internet was put on trial’. The recommendations reported in this paper are intended to improve digital experience and online safety as contributions to policy. These recommendations derive from the ‘youth jurors’ policy deliberations designed to encourage young people to reflect on their digital experience and collectively develop their own problem definitions and solutions.     

Understanding public perceptions of genetically modified organisms in China: The role that heuristics play during digital media exposure

This study explicates the role that heuristics play in influencing Chinese public perceptions of genetically modified organisms (GMO) when they are exposed to digital media. According to the cognitive–affective continuum of heuristics, trust in scientists and negative emotions about GMOs are a cognition-oriented heuristic and an affect heuristic, respectively. The statistical results of an online survey (N?=?414) demonstrated that trust in scientists fully mediated digital media exposure and perceptions of the risks versus benefits of GMOs. In addition, negative emotions moderated the full mediation effect, showing that the indirect effect was stronger in individuals with low levels of negative emotions than in those with high levels of negative emotions. The mediating role of trust in scientists and the moderating role of negative emotions, the two heuristics applied in this study, indicated that when negative emotions were weak, laypeople were more likely to rely on scientists to judge the consequences of GMOs than systematically process the associated information by themselves. The findings have implications for reconsidering the importance of heuristic processing in building reasonable public perceptions of risk-laden technologies through the digital environment.     

大数据在重大行政决策中的应用及其法治化

大数据在重大行政决策领域的应用，属于技术理性与决策规则的有机融合。凭借信息来源与技术革新，大数据可赋予传统决策向数字化转型的新动能。大数据的应用贯穿于重大行政决策始终，在市场监管、环境保护等多类事项中所发挥的实践优势较为明显，能够推动决策的高效化、提升决策的精准度、增强决策机关之间的联动。然而，大数据应用可能会引发决策安全的隐忧、个人数据存在的空间被挤压以及决策失误的责任承担等难题。对前述问题提出对策的过程，实乃数据治理向治理数据的转变，此阶段不能欠缺法律法规的引导，应尝试从决策数据安全体系的法治保障、个人数据的法律保护、决策责任追究机制的科学建构等层面去推动大数据应用的法治化。     

The disembedded digital economy: Social protection for new economy employment in China

This research focuses upon employment in the new economy, exploring labour protection and social protection in the digital age in China. Through an empirical survey conducted in three Chinese cities, social insurance and the labour rights of employees in the digital economic sector, such as gig employment, e-commerce, and various other forms of online employment, have been examined in-depth. This study reveals new regulatory loopholes in the digital labour market, which have substantially eroded the basis of social policy arrangements in China, “softening” participation in social insurance branches and compliance with labour regulations remarkably. Drawing upon the theoretical concepts of Polanyi on embeddedness and disembeddedness, we argue that the digital employment sector in China has been increasingly disembedded from social institutions and social control. The new configuration in the digital field of social policy requires novel conceptual models and institutional settings to cope with increasing social risks in virtual spaces.