大数据背景下个人信息处理行为的法律规制——以个人信息处理行为的双重外部性为分析视角

大数据背景下个人信息处理行为既引发数据安全风险等负外部性，也会带来分享经济价值实现等正外部性，"大数据悖论"现象揭示了双重外部性成因。基于"外部性内在化"原理赋予信息主体以个人信息权并赋予数据控制者以大数据财产权虽有助分别规制其双重外部性，但网络大数据背景下其双重外部性规制彼此交互影响而面临两难困境。法经济学关于"损害之相互性"理论证立了基于"风险导向理念"规制个人信息处理以破解其两难困境的经济逻辑。大数据产业发展有赖个人信息处理的"外部性外部化"而实现分享经济。法经济学关于"公地喜剧"理论证立了基于"外部性外部化"规制个人信息处理而满足大数据产业发展需要的经济逻辑。大数据背景下个人信息处理的规制有赖从"压制型法"到兼及"回应型法"的理念转换，从"外部性内在化"兼及"外部性外部化"的机制并举，从数据资源权利配置兼及数字技术权力干预的措施协同，实现大数据产业创新与个人信息安全的有机平衡。     

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。     

How publics react to situational and renewing organizational responses across crises: Examining SCCT and DOR in social-mediated crises

The prevalence of social media among networked publics calls for more research regarding how organizations can conduct effective crisis communication on social networking sites. Based on the situational crisis communication theory (SCCT) and the discourse of renewal (DOR) theory, this study examined how social media publics’ sentiments were affected by situational and renewing organizational responses in various clusters of crises. Twitter data of six crises representing three crisis clusters varying in the responsibility attribution (i.e., ambiguous, accidental, and preventable) were collected. We conducted a content analysis on organizations’ official tweets during crises (N = 59) and sentiment analysis on publics’ replies on Twitter (N = 4,340). The results showed that publics’ positive sentiments toward organizations were affected by organizational crisis responses that included instructing information, sympathy, systemic organizational learning, and effective organizational rhetoric. We recommend that crisis managers express sympathy toward publics as well as organizational learning that prevents a crisis from happening again.     

The coevolution of trade agreements and investment treaties: Some evidence from network analysis

Regional trade agreements (RTAs) and bilateral investment treaties (BITs) are expected to promote trade and investment relationships. One critical feature of such agreements is the network, so the multiplex coevolution of RTAs and BITs should be captured by the dynamics of their two networks. Although many studies have examined the roles of RTAs and BITs, most studies do not account for crucial network properties. This study explores how RTAs and BITs coevolve by applying a stochastic actor-oriented model of multiplex network evolution. In particular, we examine the roles of (i) cross-network dyadic interinfluences and (ii) within- and cross-network preferential attachments to discuss the dynamic relationships between RTAs and BITs. The results are as follows. First, our estimation supports cross-network dyadic interinfluences. Countries that sign a BIT are willing to establish an RTA, while those that sign an RTA are reluctant to establish a BIT. Second, concerning preferential attachments, countries prefer to sign BITs with partners that have more RTA and BIT links. However, countries tend to form RTAs with partners that have more BIT links but are reluctant to form RTAs with those that have more RTA links. We discuss possible justifications for these results, including arguments regarding the benefits and costs associated with the formation of RTAs and BITs.     

The Solidary Relationship’s Consequences for the Ebb and Flow of Activism: Collaborative Evidence from Life-History Interviews and Social Media Event Analysis,

Acting in solidarity with deprived others has become a central topic in social movement research. The explanations of solidarity activism or political altruism are few. However, social movement researchers have claimed that solidarity with out-of-group others is a by-product of in-group interaction. In contrast, we argue that out-group interaction with the deprived other and the formation of a solidary relationship is central to the ebb and flow of solidarity activism. We investigate the Danish refugee solidarity movement and show that the meeting with the deprived other 1) brings about an interaction order which makes an ethical demand on the activists to care for the other both within the bounds of the situations and in the future; 2) enacts and amplifies activists’ values and beliefs because the deprived other becomes an exemplar of the injustice and the need to help the broader group of people in the same fragile situation. We develop and test this theory drawing on 42 life-history interviews and a social media dataset containing a panel of 87,455 activists participating in refugee solidarity groups.     

Inferactive data analysis

We describe inferactive data analysis, so-named to denote an interactive approach to data analysis with an emphasis on inference after data analysis. Our approach is a compromise between Tukey's exploratory and confirmatory data analysis allowing also for Bayesian data analysis. We see this as a useful step in concrete providing tools (with statistical guarantees) for current data scientists. The basis of inference we use is (a conditional approach to) selective inference, in particular its randomized form. The relevant reference distributions are constructed from what we call a DAG-DAG—a Data Analysis Generative DAG, and a selective change of variables formula is crucial to any practical implementation of inferactive data analysis via sampling these distributions. We discuss a canonical example of an incomplete cross-validation test statistic to discriminate between black box models, and a real HIV dataset example to illustrate inference after making multiple queries on data.     

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.     

Expanding our sociolinguistic horizons? Geographical thinking and the articulatory potential of commodity chain analysis

Conceptual linearity and analytic parochialism (aka focus) can make it more difficult for sociolinguists or discourse analysts to apprehend the far‐reaching, exploitative ways inequality is nowadays produced. A suitably material‐cum‐materialist class critique certainly entails empirical and phenomenological worlds flagged by, for example, multi‐sited ethnographies but otherwise side‐lined as merely “extra‐situational” in much talk/text‐directed scholarship. I propose we think more geographically by properly engaging spatiality à la Harvey (1990) and especially the radical politics of simultaneity (Massey, 2005)—the literal, “right‐now” connectedness of places and people. To this end, and allied with deepening interest in political economy, I combine the principles of articulation theory with the procedures of commodity chain analysis for picking apart an epitomic, contemporary manifestation of extreme privilege: the business‐class meal. The proposed discourse‐centred commodity chain analysis offers an ecumenical but systematic framework for tracking how commodity fetishism is actually and discursively accomplished (or not) across dispersed voices, stories, and social meanings.     

‘Making narrative portraits: a methodological approach to analysing qualitative data’

ABSTRACT

This paper proposes the method of ‘narrative portraiture’, which, located within the wider field of narrative studies, offers an analytical tool to narrative data. Two research projects, one on disability and one on identity, are used to illustrate how the method can be applied. While the paper will focus on the methodological benefits and limitations of the approach, throughout the article we also highlight the ethical concern of representation. We suggest that through ‘narrative portraiture’ research findings can be contextualised in broader social narratives without losing sight of the unique personal qualities of the research encounter. Thus, we argue for the importance of bringing the participant and their everyday life experience into focus, highlighting that a portrayal of a sole story can be, not only a medium to understand a research phenomenon, but also a valuable research output in itself.     

Working precarious careers trajectories: tracing neoliberal discourses in younger workers’ narratives

ABSTRACT

The aim of this article is to explore how, in the context of the post Global Financial Crisis (GFC), some Italian younger workers in a specific geographical region in Italy recount their work trajectories. Drawing on narrative interviews with ten participants (aged between 24 and 30) as part of a research project carried out in the Autonomous region of Aosta Valley in Italy, the article traces discourses closely associated with neoliberalism – the discourses of the entrepreneurial self, employability and self-responsibilisation – through which subjects’ work experiences take shape. Moreover, the analysis highlights how locality, one’s personal relation with the geographical territory, makes more complex the younger people’s negotiations in crafting themselves vis-à-vis precarious employment opportunities and wider socio-economic dynamics in respect of precarious employment opportunities.