The privacy paradox: how market privacy facilitates government surveillance

Although most surveillance studies scholars assume privacy is antithetical to surveillance, critics have recently warned that privacy-based criticisms may facilitate surveillance. That being said, we do not yet have data that show whether privacy claims were used in the past to legitimate government surveillance. This paper addresses that gap by analyzing claims made over one of the U.S.’s most controversial surveillance issues: government control over encryption technologies. A review of Congressional hearings and statements on the Congressional Record (n?=?112) reveals that from 1993 to 1999, public debates were dominated by a market liberalization discourse in which participants supported loosening encryption controls as a way to protect privacy from criminal intrusions in market transactions. Also playing a role was a strong skepticism toward government power and a preference for markets as managers of crime prevention. Challenged by these critiques, lawmakers withdrew regulatory proposals and spent the following decade working quietly with private firms to ensure law enforcement surveillance capability. These findings show the expansion of privacy for consumers and entrepreneurs has in fact been used to achieve the contraction of privacy from law enforcement and intelligence agencies.     

Minimal Risk in Pediatric Research: A Philosophical Review and Reconsideration

Despite more than thirty years of debate, disagreement persists among research ethicists about the most appropriate way to interpret the U.S. regulations on pediatric research, specifically the categories of “minimal risk” and a “minor increase over minimal risk.” Focusing primarily on the definition of “minimal risk,” we argue in this article that the continued debate about the pediatric risk categories is at least partly because their conceptual status is seldom considered directly. Once this is done, it becomes clear that the most popular strategy for interpreting “minimal risk”—defining it as a specific set of risks—is indefensible and, from a pragmatic perspective, unlikely to resolve disagreement. Primarily this is because judgments about minimal risk are both normative and heavily intuitive in nature and thus cannot easily be captured by reductions to a given set of risks. We suggest instead that a more defensible approach to evaluating risk should incorporate room for reflection and deliberation. This dispositional, deliberative framework can nonetheless accommodate a number of intellectual resources for reducing reliance on sheer intuition and improving the quality of risk evaluations.     

The Legal Regulation of Irrational Elements in the Operations of Boards of Directors

The operating processes of boards of directors are delicate and complex, so corporate legislation cannot simply equate board structure law with board governance law. It is therefore necessary to start from China’s actual conditions and grasp the operating processes of Chinese boards with a sober appreciation of the irrational elements in their operating mechanisms. Board governance has entered a new stage of institutionalization, and the law should shift from its emphasis on structure to give equal attention to structure and process in optimizing institutional structure. In the construction of board operating mechanisms, we should treat differently such “living laws” as customs, experiences and traditions, give full play to the functionality of boards’ strategic choices, and provide legal regulation of irrational elements, so as to distinguish between different roles, develop consensus, select strong points and improve efficiency. We should build control over board operational procedures, improve the system of functional allocation, correct assessment mechanisms, develop a mechanism for judicial scrutiny of the affective relationships in society and curb such behavioral tendencies as relational identity, structural bias and group polarization, with a view to controlling such “living laws” within the framework of the basic values and principles of board governance.     

Minority Stress,Emotion Regulation,and the Parenting of Sexual-Minority Youth

ABSTRACT

Despite increasing societal acceptance of sexual-minority individuals, there are still gay, lesbian, and bisexual (GLB) adolescents who experience negative mental health outcomes. Minority stress theory posits that stigma-related stress associated with sexual-minority status drives increased risk among GLB individuals. Furthermore, recent evidence suggests that minority stress impacts emotion regulation (ER), identified as a particularly important risk factor for sexual-minority youth (SMY). Current research has identified some aspects of parenting contribute to GLB youth's mental health. We review the literature in these areas, and also integrate research from the broader developmental field on families and emotion socialization in order to identify the need for studies of parenting that go beyond existing data on parental acceptance and supportiveness of youth's sexual orientation. Limitations of the current literature and directions for future research are discussed, with specific focus on implications for interventions with SMY and their families.     

食品安全风险行政规制的信息工具选择

信息工具选择和运用直接关系到食品安全风险行政规制的效果.食品安全风险行政规制中信息工具的应用涵盖了信息收集渠道、信息公示平台、安全信息管理以及事后监管机制等.同时,食品安全风险行政规制信息工具存在具有信息来源与收集路径的单一性、信息流通的内部性、信息控制与公布的主体的多重性和相对人权利救济的滞后性等缺陷.为此,需要有针对性地拓展网络信息的收集路径;严格信息流通的责任制度;加强信息工具与其他工具的组合运用;完善风险信息发布的相对人救济机制,并引入预防性诉讼和公益诉讼制度.     

WTO框架下科学不确定性问题研究

WTO作为多边体制的支柱,不仅规定了货物、服务贸易,而且包括了动植物检验检疫、环境保护等涉及科学技术的领域,但WTO对这些领域的规定含混不清,导致各国对规则的解释往往采用了非统一的科学技术界定标准,这种技术标准成为贸易保护的正当性借口,在实践中许多国家以WTO之名行贸易保护之实。从某种意义上说,全球化肇始的标志是WTO体系,全球化的进一步发展则有赖于对WTO规则的进一步诠释,在环境保护、动植物检验检疫领域采取统一科学证据要件判定体系就成为了支撑WTO自由贸易精神的一个重要制度保障。     

公款吃喝的法律规制——基于公务开支规范化的法律思考

公款吃喝在我国是十分普遍的现象,现行的规范体系没有很好地对其进行规制。这主要是由于规范的内部结构以及外部效力出现了问题。要扼制公款吃喝必须从规范公务开支入手。换句话说,要从宪法、刑法以及诉讼制度的创新入手,这三个方面对公务开支进行规范,才能有效地扼制公款吃喝。     

线性可调恒流大功率LED驱动电源设计

为满足大功率LED驱动的性能要求,如驱动能力强、效率高、稳定可靠、可线性调节等,本研究设计一种线性可调恒流驱动电源方案.该电路由DC-DC转换模块、恒流驱动模块、PWM数模转换组成.其中,DC-DC转换模块以TPS51113为核心,采用大功率MOSFET同步BUCK模式;恒流驱动模块采用运放加MOSFET典型电路,实现...     

公共政策失灵视角下的电信监管问题探索

从公共政策失灵角度审视我国的电信监管问题,从公共政策的制定、实施和评估三个环节分析电信监管失灵的原因并提出解决途径,对新形势下的中国电信监管问题做初步的探索。     

Effects of a Punitive Environment on Children's Executive Functioning: A Natural Experiment

Few studies have examined the influence of environmental factors on children's executive functioning (EF) performance. The present study examined the effects of a punitive vs. non‐punitive school environment on West African children's EF skills. Tasks included a ‘cool’ (relatively non‐affective) and ‘hot’ (relatively affective/motivational) version of three EF tasks: delay of gratification; gift delay; and dimensional change card sort. Children had more difficulties with the hot versions of the tasks than the cool versions, and older children outperformed younger children. After controlling for verbal ability (Peabody picture vocabulary test‐third edition), a consistent pattern of interaction between school and grade level emerged. Overall, kindergarten children in the punitive school performed no differently than their counterparts in the non‐punitive school. However, in grade 1, children in the punitive school performed significantly worse than their counterparts in the non‐punitive school. These results point to the need to consider interactions among discipline style, age, and internalization processes of self‐regulation to better understand environmental influences on EF development.