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Digital Development Rights in Developing Countries:Where the Governance Rules for Cross-Border Data Flows
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作者 李艳华 JIANG Yu(译) 《The Journal of Human Rights》 2023年第5期1040-1066,共27页
The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-ro... The digital development rights in developing countries are based on establishing a new international economic order and ensuring equal participation in the digital globalization process to achieve people's well-rounded development in the digital society.The relationship between cross-border data flows and the realization of digital development rights in developing countries is quite complex.Currently,developing countries seek to safeguard their existing digital interests through unilateral regulation to protect data sovereignty and multilateral regulation for cross-border data cooperation.However,developing countries still have to face internal conflicts between national digital development rights and individual and corporate digital development rights during the process of realizing digital development rights.They also encounter external contradictions such as developed countries interfering with developing countries'data sovereignty,developed countries squeezing the policy space of developing countries through dominant rules,and developing countries having conflicts between domestic and international rules.This article argues that balancing openness and security on digital trade platforms is the optimal solution for developing countries to realize their digital development rights.The establishment of WTO digital trade rules should inherently reflect the fundamental demands of developing countries in cross-border data flows.At the same time,given China's dual role as a digital powerhouse and a developing country,it should actively promote the realization of digital development rights in developing countries. 展开更多
关键词 developing countries digital development rights cross-border data flows governance rules
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A New Automated Method and Sample Data Flow for Analysis of Volatile Nitrosamines in Human Urine 被引量:1
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作者 James A. Hodgson Tiffany H. Seyler +2 位作者 Ernest McGahee Stephen Arnstein Lanqing Wang 《American Journal of Analytical Chemistry》 2016年第2期165-178,共14页
Volatile nitrosamines (VNAs) are a group of compounds classified as probable (group 2A) and possible (group 2B) carcinogens in humans. Along with certain foods and contaminated drinking water, VNAs are detected at hig... Volatile nitrosamines (VNAs) are a group of compounds classified as probable (group 2A) and possible (group 2B) carcinogens in humans. Along with certain foods and contaminated drinking water, VNAs are detected at high levels in tobacco products and in both mainstream and side-stream smoke. Our laboratory monitors six urinary VNAs—N-nitrosodimethylamine (NDMA), N-nitrosomethylethylamine (NMEA), N-nitrosodiethylamine (NDEA), N-nitrosopiperidine (NPIP), N-nitrosopyrrolidine (NPYR), and N-nitrosomorpholine (NMOR)—using isotope dilution GC-MS/ MS (QQQ) for large population studies such as the National Health and Nutrition Examination Survey (NHANES). In this paper, we report for the first time a new automated sample preparation method to more efficiently quantitate these VNAs. Automation is done using Hamilton STAR<sup>TM</sup> and Caliper Staccato<sup>TM</sup> workstations. This new automated method reduces sample preparation time from 4 hours to 2.5 hours while maintaining precision (inter-run CV < 10%) and accuracy (85% - 111%). More importantly this method increases sample throughput while maintaining a low limit of detection (<10 pg/mL) for all analytes. A streamlined sample data flow was created in parallel to the automated method, in which samples can be tracked from receiving to final LIMs output with minimal human intervention, further minimizing human error in the sample preparation process. This new automated method and the sample data flow are currently applied in bio-monitoring of VNAs in the US non-institutionalized population NHANES 2013-2014 cycle. 展开更多
关键词 Volatile Nitrosamines AUTOMATION Sample data flow Gas Chromatography Tandem Mass Spectrometry
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Exploring the Approaches to Data Flow Computing
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作者 Mohammad B.Khan Abdul R.Khan Hasan Alkahtani 《Computers, Materials & Continua》 SCIE EI 2022年第5期2333-2346,共14页
Architectures based on the data flow computing model provide an alternative to the conventional Von-Neumann architecture that are widelyused for general purpose computing.Processors based on the data flow architecture... Architectures based on the data flow computing model provide an alternative to the conventional Von-Neumann architecture that are widelyused for general purpose computing.Processors based on the data flow architecture employ fine-grain data-driven parallelism.These architectures have thepotential to exploit the inherent parallelism in compute intensive applicationslike signal processing,image and video processing and so on and can thusachieve faster throughputs and higher power efficiency.In this paper,severaldata flow computing architectures are explored,and their main architecturalfeatures are studied.Furthermore,a classification of the processors is presented based on whether they employ either the data flow execution modelexclusively or in combination with the control flow model and are accordinglygrouped as exclusive data flow or hybrid architectures.The hybrid categoryis further subdivided as conjoint or accelerator-style architectures dependingon how they deploy and separate the data flow and control flow executionmodel within their execution blocks.Lastly,a brief comparison and discussionof their advantages and drawbacks is also considered.From this study weconclude that although the data flow architectures are seen to have maturedsignificantly,issues like data-structure handling and lack of efficient placementand scheduling algorithms have prevented these from becoming commerciallyviable. 展开更多
关键词 Processor architecture data flow architectures Von-Neumann model control flow architectures
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Functionality Semantics of Predicate Data Flow Diagram
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作者 高晓雷 缪淮扣 刘玲 《Journal of Shanghai University(English Edition)》 CAS 2004年第3期309-316,共8页
SOZL (structured methodology + object-oriented methodology + Z language) is a language that attempts to integrate structured method, object-oriented method and formal method. The core of this language is predicate dat... SOZL (structured methodology + object-oriented methodology + Z language) is a language that attempts to integrate structured method, object-oriented method and formal method. The core of this language is predicate data flow diagram (PDFD). In order to eliminate the ambiguity of predicate data flow diagrams and their associated textual specifications, a formalization of the syntax and semantics of predicate data flow diagrams is necessary. In this paper we use Z notation to define an abstract syntax and the related structural constraints for the PDFD notation, and provide it with an axiomatic semantics based on the concept of data availability and functionality of predicate operation. Finally, an example is given to establish functionality consistent decomposition on hierarchical PDFD (HPDFD). 展开更多
关键词 分层谓词数据流图表 判定算子 有效度 泛函语义学 软件开发
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Data Flow Fuzzy Control of Communication Network with Finite Terminal
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作者 邓娜 邵世煌 苏庆新 《Journal of Donghua University(English Edition)》 EI CAS 2004年第3期171-174,共4页
We consider the problem of data flow fuzzy control of discrete queuing systems with three different service-rate servers. The objective is to dynamically assign customers to idle severs based on the state of the syste... We consider the problem of data flow fuzzy control of discrete queuing systems with three different service-rate servers. The objective is to dynamically assign customers to idle severs based on the state of the system so as to minimize the mean sojourn time of customers. Simulation shows the validity of the fuzzy controller. 展开更多
关键词 数据流 模糊控制 信息网络 平均逗留时间 最优控制 计算机系统
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Determination of Curie Point Depth and Heat Flow Using Airborne Magnetic Data over the Kom-Ombo and Nuqra Basins, Southern Eastern Desert, Egypt
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作者 Ahmed Tarshan Asmaa A. Azzazy +1 位作者 Ali M. Mostafa Ahmed A. Elhusseiny 《Geomaterials》 2023年第4期91-108,共18页
The Kom-Ombo and Nuqra basins in southern Egypt have recently been discovered as potential hydrocarbon basins. The lack of information about the geothermal gradient and heat flow in the study area gives importance to ... The Kom-Ombo and Nuqra basins in southern Egypt have recently been discovered as potential hydrocarbon basins. The lack of information about the geothermal gradient and heat flow in the study area gives importance to studying the heat flow and the geothermal gradient. Several studies were carried out to investigate the geothermal analyses of the northwestern desert, as well as the west and east of the Nile River, using density, compressive wave velocity, and bottom hole temperature (BHT) measured from deep oil wells. This research relies on spectral analysis of airborne magnetic survey data in the Kom-Ombo and Nuqra basins in order to estimate the geothermal gradient based on calculating the depth to the bottom of the magnetic source that caused the occurrence of these magnetic deviations. This depth is equal to the CPD, at which the material loses its magnetic polarisation. This method is fast and gives satisfactory results. Usually, it can be applied as a reconnaissance technique for geothermal exploration targets due to the abundance of magnetic data. The depth of the top (Z<sub>t</sub>) and centroid (Z<sub>0</sub>) of the magnetic source bodies was calculated for the 32 windows representing the study area using spectral analysis of airborne magnetic data. The curie-isotherm depth, geothermal gradient, and heat flow maps were constructed for the study area. The results showed that the CPD in the study area ranges from 13 km to 20 km. The heat flow map values range from 69 to 109 mW/m<sup>2</sup>, with an average of about 80 mW/m<sup>2</sup>. The calculated heat flow values in the assigned areas (A, B, C, and D) of the study area are considered to have high heat flow values, reaching 109 mW/m<sup>2</sup>. On the other hand, the heat flow values in the other parts range from 70 to 85 mW/m<sup>2</sup>. Since heat flow plays an essential role in the maturation of organic matter, it is recommended that hydrocarbon accumulations be located in places with high heat flow values, while deep drilling of hydrocarbon wells is recommended in places with low to moderate heat flow values. 展开更多
关键词 Curie Point Heat flow Airborne Magnetic data Nuqra Basin Kom-Ombo Basin Eastern Desert
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Towards a Global Regulatory Framework for Cross-Border Data Flows——Fundamental Concerns and the China’s Approach
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作者 刘金瑞 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2022年第3期412-439,共28页
Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digi... Cross-border data flows not only involve cross-border trade issues,but also severely challenge personal information protection,national data security,and the jurisdiction of justice and enforcement.As the current digital trade negotiations could not accommodate these challenges,China has initiated the concept of secure cross-border data flow and has launched a dual-track multi-level regulatory system,including control system for overseas transfer of important data,system of crossborder provision of personal information,and system of cross-border data request for justice and enforcement.To explore a global regulatory framework for cross-border data flows,legitimate and controllable cross-border data flows should be promoted,supervision should be categorized based on risk concerned,and the rule of law should be coordinated at home and abroad to promote system compatibility.To this end,the key is to build a compatible regulatory framework,which includes clarifying the scope of important data to define the“Negative List”for preventing national security risks,improving the cross-border accountability for protecting personal information rights and interests to ease pre-supervision pressure,and focusing on data access rights instead of data localization for upholding the jurisdiction of justice and enforcement. 展开更多
关键词 cross-border data flows personal information important data national security jurisdiction of justice and enforcement global regulatory framework
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The Governance of Cross-Border Data Flows in Trade Agreements:Is the CPTPP Framework an Ideal Way Out?
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作者 全小莲 《Frontiers of Law in China-Selected Publications from Chinese Universities》 2020年第3期253-279,共27页
The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this is... The regulations of cross-border data flows is a growing challenge for the international community.International trade agreements,however,appear to be pioneering legal methods to cope,as they have grappled with this issue since the 1990s.The World Trade Organization(WTO)rules system offers a partial solution under the General Agreement on Trade in Services(GATS),which covers aspects related to cross-border data flows.The Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP)and the United States-Mexico-Canada Agreement(USMCA)have also been perceived to provide forward-looking resolutions.In this context,this article analyzes why a resolution to this issue may be illusory.While they regulate cross-border data flows in various ways,the structure and wording of exception articles of both the CPTPP and USMCA have the potential to pose significant challenges to the international legal system.The new system,attempting to weigh societal values and economic development,is imbalanced,often valuing free trade more than individual online privacy and cybersecurity.Furthermore,the inclusion of poison-pill clauses is,by nature,antithetical to cooperation.Thus,for the international community generally,and China in particular,cross-border data flows would best be regulated under the WTO-centered multilateral trade law system. 展开更多
关键词 cross-border data flows Comprehensive and Progressive Agreement for Trans-Pacific Partnership(CPTPP) United States-Mexico-Canada Agreement(USMCA) World Trade Organization(WTO) CYBERSECURITY individual privacy data localization
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A Survey of Malware Classification Methods Based on Data Flow Graph
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作者 Tingting Jiang Lingling Cui +1 位作者 Zedong Lin Faming Lu 《国际计算机前沿大会会议论文集》 2022年第1期80-93,共14页
Malware is emerging day by day.To evade detection,many malware obfuscation techniques have emerged.Dynamicmalware detectionmethods based on data flow graphs have attracted much attention since they can deal with the o... Malware is emerging day by day.To evade detection,many malware obfuscation techniques have emerged.Dynamicmalware detectionmethods based on data flow graphs have attracted much attention since they can deal with the obfuscation problem to a certain extent.Many malware classification methods based on data flow graphs have been proposed.Some of them are based on userdefined features or graph similarity of data flow graphs.Graph neural networks have also recently been used to implement malware classification recently.This paper provides an overview of current data flow graph-based malware classification methods.Their respective advantages and disadvantages are summarized as well.In addition,the future trend of the data flow graph-based malware classification method is analyzed,which is of great significance for promoting the development of malware detection technology. 展开更多
关键词 Malware detection Malware classification data flow graph Graph neural network
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Detecting Data-flow Errors Based on Petri Nets With Data Operations 被引量:2
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作者 Dongming Xiang Guanjun Liu +1 位作者 Chungang Yan Changjun Jiang 《IEEE/CAA Journal of Automatica Sinica》 SCIE EI CSCD 2018年第1期251-260,共10页
In order to guarantee the correctness of business processes, not only control-flow errors but also data-flow errors should be considered. The control-flow errors mainly focus on deadlock, livelock, soundness, and so o... In order to guarantee the correctness of business processes, not only control-flow errors but also data-flow errors should be considered. The control-flow errors mainly focus on deadlock, livelock, soundness, and so on. However, there are not too many methods for detecting data-flow errors. This paper defines Petri nets with data operations(PN-DO) that can model the operations on data such as read, write and delete. Based on PN-DO, we define some data-flow errors in this paper. We construct a reachability graph with data operations for each PN-DO, and then propose a method to reduce the reachability graph. Based on the reduced reachability graph, data-flow errors can be detected rapidly. A case study is given to illustrate the effectiveness of our methods. 展开更多
关键词 Business process modeling data-flow errors Petri nets reachability graph
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Study on the Deconvolution Method and Processing Flow of Airgun Source Data 被引量:1
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作者 Zhai Qiushi Yao Huajian Wang Baoshan 《Earthquake Research in China》 CSCD 2016年第3期394-404,共11页
With its high repeatability,the airgun source has been used to monitor the temporal variations of subsurface structures. However,under different working conditions,there will be subtle differences in the airgun source... With its high repeatability,the airgun source has been used to monitor the temporal variations of subsurface structures. However,under different working conditions,there will be subtle differences in the airgun source signals. To some extent,deconvolution can eliminate changes of the recorded signals due to source variations. Generally speaking,in order to remove the airgun source wavelet signal and obtain the Green's functions between the airgun source and stations,we need to select an appropriate method to perform the deconvolution process for seismic waveform data. Frequency domain water level deconvolution and time domain iterative deconvolution are two kinds of deconvolution methods widely used in the field of receiver functions,etc. We use the Binchuan( in Yunnan Province,China) airgun data as an example to compare the performance of these two deconvolution methods in airgun source data processing. The results indicate that frequency domain water level deconvolution is better in terms of computational efficiency;time domain iterative deconvolution is better in terms of the signal-to-noise ratio( SNR),and the initial motion of P-wave is also clearer. We further discuss the sequence issue of deconvolution and stack for multiple-shot airgun data processing. Finally,we propose a general processing flow for the airgun source data to extract the Green 's functions between the airgun source and stations. 展开更多
关键词 Artificial source Airgun source DECONVOLUTION data processing flow
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A Testing Method for Web Services Composition Based on Data-Flow 被引量:2
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作者 HOU Jun XU Baowen +2 位作者 XU Lei WANG Di XU Junling 《Wuhan University Journal of Natural Sciences》 CAS 2008年第4期455-460,共6页
This paper proposes a method of data-flow testing for Web services composition. Firstly, to facilitate data flow analysis and constraints collecting, the existing model representation of business process execution lan... This paper proposes a method of data-flow testing for Web services composition. Firstly, to facilitate data flow analysis and constraints collecting, the existing model representation of business process execution language (BPEL) is modified in com-pany with the analysis of data dependency and an exact represen-tation of dead path elimination (DPE) is proposed, which over-comes the difficulties brought to dataflow analysis. Then defining and using information based on data flow rules is collected by parsing BPEL and Web services description language (WSDL) documents and the def-use annotated control flow graph is created. Based on this model, data-flow anomalies which indicate potential errors can be discovered by traversing the paths of graph, and all-du-paths used in dynamic data flow testing for Web services composition are automatically generated, then testers can design the test cases according to the collected constraints for each path selected. 展开更多
关键词 WEB服务器 BPEL WSDL 数据流
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Exploring the Evolution of Passenger Flow and Travel Time Reliability with the Expanding Process of Metro System Using Smartcard Data 被引量:1
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作者 Xinwei Ma Yanjie Ji +1 位作者 Yao Fan Chenyu Yi 《Journal of Harbin Institute of Technology(New Series)》 EI CAS 2019年第1期17-29,共13页
Metro system has experienced the global rapid rise over the past decades. However,few studies have paid attention to the evolution in system usage with the network expanding. The paper's main objectives are to ana... Metro system has experienced the global rapid rise over the past decades. However,few studies have paid attention to the evolution in system usage with the network expanding. The paper's main objectives are to analyze passenger flow characteristics and evaluate travel time reliability for the Nanjing Metro network by visualizing the smart card data of April 2014,April 2015 and April 2016. We performed visualization techniques and comparative analyses to examine the changes in system usage between before and after the system expansion. Specifically,workdays,holidays and weekends were specially segmented for analysis.Results showed that workdays had obvious morning and evening peak hours due to daily commuting,while no obvious peak hours existed in weekends and holidays and the daily traffic was evenly distributed. Besides,some metro stations had a serious directional imbalance,especially during the morning and evening peak hours of workdays. Serious unreliability occurred in morning peaks on workdays and the reliability of new lines was relatively low,meanwhile,new stations had negative effects on exiting stations in terms of reliability. Monitoring the evolution of system usage over years enables the identification of system performance and can serve as an input for improving the metro system quality. 展开更多
关键词 METRO expansion smart CARD data PASSENGER flow characteristics TRAVEL time reliability visualization
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PERFORMANCE ANALYSIS OF STATIC DATA FLOW COMPUTERS
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作者 刘桂仲 慈云桂 吴涛 《Science China Mathematics》 SCIE 1991年第7期857-865,共9页
First, a model of static data flow computer and a model of data flow graph are pro-posed; then a model of system is presented to calculate practical parallelism degree withoverhead of instruction execution on data flo... First, a model of static data flow computer and a model of data flow graph are pro-posed; then a model of system is presented to calculate practical parallelism degree withoverhead of instruction execution on data flow computers as its parameter. From the compu-tation, the maximum practical parallelism degree of a program running on a static dataflow computer is determined with MP/OH (MP is the mean parallelism degree of a program,OH is the overhead of instruction execution on the computer). Therefore the overhead hasgreat influence on the performance of a data flow computer. 展开更多
关键词 data flow performance analysis OVERHEAD PARALLELISM degree.
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A New Synthetical Knowledge Representation Model and Its Application in Data Flow Diagram
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作者 Liu Xiang Wu Guoqing +1 位作者 Yao Jian He Feng 《Wuhan University Journal of Natural Sciences》 CAS 1999年第1期35-42,共8页
0IntroductionOneoftheimportantresearchtopicsinsoft-wareengineering(SE)isintegratingAI(artificialinteligence)... 0IntroductionOneoftheimportantresearchtopicsinsoft-wareengineering(SE)isintegratingAI(artificialinteligence)orKE(knowledgeeng... 展开更多
关键词 ATTRIBUTE GRAMMAR SEMANTIC network data flow DIAGRAM
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IS: Interest Set to Enhance Flow Transmission in Named-Data Networking
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作者 JIANG Xiaoke BI Jun 《China Communications》 SCIE CSCD 2016年第S1期65-71,共7页
Named-data Networking(NDN) is a promising future Internet architecture, which introduces some evolutionary elements into layer-3, e.g., consumer-driven communication, soft state on data forwarding plane and hop-byhop ... Named-data Networking(NDN) is a promising future Internet architecture, which introduces some evolutionary elements into layer-3, e.g., consumer-driven communication, soft state on data forwarding plane and hop-byhop traffic control. And those elements ensure data holders to solely return the requested data within the lifetime of the request, instead of pushing data whenever needed and whatever it is. Despite the dispute on the advantages and their prices, this pattern requires data consumers to keep sending requests at the right moments for continuous data transmission, resulting in significant forwarding cost and sophisticated application design. In this paper, we propose Interest Set(IS) mechanism, which compresses a set of similar Interests into one request, and maintains a relative long-term data returning path with soft state and continuous feedback from upstream. In this way, IS relaxes the above requirement, and scales NDN data forwarding by reducing forwarded requests and soft states that are needed to retrieve a given set of data. 展开更多
关键词 index terms—named-data NETWORKING flow TRANSMISSION
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Comparison of satellite-estimated and model-forecasted rainfall data during a deadly debris-flow event in Zhouqu, Northwest China 被引量:7
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作者 WANG Jun WANG Hui-Jun HONG Yang 《Atmospheric and Oceanic Science Letters》 CSCD 2016年第2期139-145,共7页
本文比较了三种卫星遥感资料和三层嵌套WRF模式预报降水在舟曲泥石流事件前后相对观测降水的准确度、误差等。结果表明,卫星遥感资料能从降水分布型、降水量值等方面反映出实际的降水特征,尤其是CMORPH和TRMM,更是基本接近实际降水的情... 本文比较了三种卫星遥感资料和三层嵌套WRF模式预报降水在舟曲泥石流事件前后相对观测降水的准确度、误差等。结果表明,卫星遥感资料能从降水分布型、降水量值等方面反映出实际的降水特征,尤其是CMORPH和TRMM,更是基本接近实际降水的情况。PERSIANN资料虽然有相对大一些的误差,但区域降水总量、降水区分布型以及最大降水的时空再现已经比较精确。数值预报降水对区域总降水以及降水的分布形态能比较好的预报,高分辨率的模式甚至能较好地预报降水极值的时间和位置,因此在灾害预警方面有较高的应用价值。 展开更多
关键词 模型预测 卫星测量 中国西北部 降水资料 泥石流 事件 估计 卫星产品
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Research on data pre-deployment in information service flow of digital ocean cloud computing
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作者 SHI Suixiang XU Lingyu +4 位作者 DONG Han WANG Lei WU Shaochun QIAO Baiyou WANG Guoren 《Acta Oceanologica Sinica》 SCIE CAS CSCD 2014年第9期82-92,共11页
Data pre-deployment in the HDFS(Hadoop distributed file systems) is more complicated than that in traditional file systems. There are many key issues need to be addressed, such as determining the target location of th... Data pre-deployment in the HDFS(Hadoop distributed file systems) is more complicated than that in traditional file systems. There are many key issues need to be addressed, such as determining the target location of the data prefetching, the amount of data to be prefetched, the balance between data prefetching services and normal data accesses. Aiming to solve these problems, we employ the characteristics of digital ocean information service flows and propose a deployment scheme which combines input data prefetching with output data oriented storage strategies. The method achieves the parallelism of data preparation and data processing, thereby massively reducing I/O time cost of digital ocean cloud computing platforms when processing multi-source information synergistic tasks. The experimental results show that the scheme has a higher degree of parallelism than traditional Hadoop mechanisms, shortens the waiting time of a running service node, and significantly reduces data access conflicts. 展开更多
关键词 服务流程 部署方案 数字海洋 海洋信息 计算平台 分布式文件系统 数据预取 目标位置
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Investigation of Flow in Data Rack
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作者 Manoch Lukas Novotny Jan Novakova Ludmila 《Journal of Civil Engineering and Architecture》 2012年第12期1685-1694,共10页
关键词 机架式 PRECISION 流量 服务器模型 实验测量数据 数值模型 模型验证 粒子图像测速
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从“数据隐私框架”看欧美数据跨境流动的规则博弈 被引量:1
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作者 单文华 邓娜 《太平洋学报》 北大核心 2024年第1期44-56,共13页
欧美《隐私盾协议》失效后,双方为了恢复数据跨境流动秩序,于2022年底达成了“数据隐私框架”。该框架旨在回应欧盟法院在“《隐私盾协议》无效案”中提出的主要关切。2023年7月,欧盟委员会基于该框架对美国的个人数据保护水平发布了充... 欧美《隐私盾协议》失效后,双方为了恢复数据跨境流动秩序,于2022年底达成了“数据隐私框架”。该框架旨在回应欧盟法院在“《隐私盾协议》无效案”中提出的主要关切。2023年7月,欧盟委员会基于该框架对美国的个人数据保护水平发布了充分性认定决议。然而,该框架并未对美国情报机构大规模收集数据与窥探隐私的行为施加实质性限制。此外,框架建立的双层救济机制由于缺乏独立性,也无法给数据隐私权益受损的欧盟公民提供充分有效的救济。与《隐私盾协议》相比,该框架在本质上并没有明显的突破。欧盟和美国在双方数据跨境流动制度安排上的博弈,表面上是两种数据保护理念和治理模式的碰撞,实际上反映出了欧盟实施“数字主权”战略与美国维护“数字霸权”地位之间存在的根本利益冲突。欧美凭借各自优势,在数字经济时代争夺全球数字治理话语权。通过深入研究欧美之间关于“数据隐私框架”的规则博弈,可以为我国在选择适合本土的数据监管模式和提升数据治理规则话语权方面提供重要的思考和启示。 展开更多
关键词 《隐私盾协议》 数据跨境流动 “数据隐私框架” 充分性认定决议 数字主权 数字霸权
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