Digital Human Rights from the Perspective of System Theory——Concept Definition, Social Function, and Constitutional Basis

The three core issues in the“digital human rights”debate are whether“digital human rights”are possible,necessary,and feasible.Both sides of the debate focus on discovering the value of“digital human rights”to individuals from a semantic level,but ignore the significance of“digital human rights”to the whole society and its subsystems at the level of social structure.By introducing Niklas Luhmann's System Theory,this observation blind spot can be eliminated.Fundamental rights are devoted to directly shaping not a physiological-psychological“individual”as a social environment but a social“person”that can be included by social systems.It is clear that digital human rights are the right to participate in digital communication of a“human”as a“person”,so they are possible in terms of conceptual definition.Digital human rights can help“people”lower the threshold for participation in digital communication,limit the excessive expansion of social systems,and promote the free and complete expression of body and mind,so they are necessary for social functions.There are limitations in the existing two ideas of“incorporating digital human rights into the constitution”.Based on the new construction idea of System Theory of Law,digital human rights as the right to participate in digital communication can be typified into digital communication in social sub-fields such as politics,economy,science,and art.The right to participate constructs a complete digital human rights system,making it feasible on the basis of the constitution.

Protection of the Right to Data Privacy Under the Liberalization of Digital Trade

In the digital era,the free cross-border flow of data and the development of digital trade are complementary.Consequently,as an inherent demand for data privacy,trade liberalization is closely linked to the right to data privacy,and data privacy protection is increasingly becoming a trade issue.However,conflicting rule settings between the two create discrepancies and result in differing rule-making approaches.The concept of the right to data privacy provides guidance and evaluative functions for the development of trade liberalization,facilitating the healthy development of digital trade.It is appropriate to treat the interaction between trade liberalization and data privacy protection in a rational way and to place them within independent systems at this stage.Data localization measures are an effective way to balance digital trade liberalization with the right to data privacy.As a data privacy protection measure,data localization has legitimacy within the trade law framework.Looking ahead,to achieve a harmonious advancement of digital trade liberalization and protection of the right to data privacy,all parties should uphold the premise of the national regulatory autonomy,and respect the data localization measures adopted by countries based on their own national conditions and personal data protection considerations.

Digital Rights Management：Model,Technology and Application

with rapid achievement of current information technology and computing ability and applications,much more digital content such as films,cartoons,design drawings,office documents and software source codes are produced in daily work,however to protect the content being copying,shared or deliberately stolen by inside or outside,digital rights management(DRM) became more and more important for digital content protection.In this paper,we studied various DRM model,technology and application,and first proposed DRM Security Infrastructure(DSI),in which we defined encryption,hash,signature algorithm,watermarking algorithms,authentication,usage control,trusted counter,conditional trace,secure payment,and based on the DSI we then proposed a whole classification approach and architecture of all kinds of DRMs,in which we proposed 6 typical classes of copyrights and content protection DRMs architecture:(1) Software-oriented DRM,(2) e Book-oriented DRM,(3) Video-oriented DRM,(4) Image-Oriented DRM(5) Unstructured data oriented DRM,(6) Text-oriented DRM.Based on the above DSI,we then proposed a dynamic DRM model selection method for various DRM application,which can be adapted dynamically for different technology of different applications,which can provide awhole solution for variant DRM development in a rapid and customized mode.The proposed DRM method,technology and application in this paper provided a common,flexible and extendable solution for variant DRM scenes,and can support rapid and customized development.Moreover,we proposed an opinion that the future life will enter into a new era that the content usage and consumption will not again adopt DRM technology rather than with law,liberty and morality.

Home Network and Digital Rights Management Technology

The home network is a major concern for the growth of digital and information society. Yet, how to guarantee the security of its digital content and protect the legal benefits for each section of the value chain becomes a crucial "bottleneck" in the home network development. The Digital Rights Management (DRM) technology provides total solution for usage, storage, transfer, and tracing the digital contents and rights. Its basic features are systematic and controllability. Considering the growth of the new media and services and the requirements of the Intellectual Property Rights (IPR) protection in a home network, it's necessary to solve consistency problems in usage, storage, and transfer of contents and rights. In addition, it is inevitable to conduct researches of key techniques such as end-to-end secure transmission, conditional access and play, and right description.

A DRM System Based on Mobile Agent for Digital Rights Redistribution

We propose a digital rights management （DRM） system based on mobile agent to protect the copyrights of content providers. In the system, the content provider creates a time limited blackbox out of an original agent and dispatches it to the user end to enforce DRM functions. The blackbox is an agent that can resist the attacks from the malicious user in a certain time interval. Owing to digital rights redistribution support, the user whose rights belong to redistribution category can transfer his rights to other users. Moreover, by introducing public key infrastructure （PKI） and certificate authority （CA） role, the security of the session can be ensured. An analysis of system security and performance and a comparison with traditional DRM system is given.

A Novel Digital Rights Management Scheme in P2P Networks

P2P networking is a distributed application architecture that partitions tasks or workloads between peers. How to integrate P2P networks and DRM to offer a novel content distribution mode for digital media resources is a significant research project. In this paper, a novel DRM architecture in P2P Networks is proposed, three phases include content provide phase, content purchase phase and content access phase, are modeled, and key technologies are introduced. Finally analysis indicates that the proposed scheme has the characteristics of security, controllability and scalability.

Digital Rights Management for a Chinese XML Text Centre

The Electronic Text Centre of the OpenUniversity of Hong Kong(OUHK)has been in full operationsince early 2001.It currently houses 7,300+electronictexts,including free electronic titles,electronic titlespurchased directly from the market,and about,1,000 locallyproduced electronic titles.The locally produced titles are notavailable in the market but require local digitization andnegotiation with publishers with regard to the right to use(RTU)them so as to meet the learning needs of the OUHKcommunity.Nearl...

The Concept of Digital Human Rights and Its Reshaping of Basic Rights

Whether a new generation of human rights emerges in the digital age has sparked widespread debate.Academic understanding of digital technology remains confined to thinking about network technology and products,often overlooking the revolutionary nature of digital media.Digital media has the sweeping potential to unify all forms of media and reshape social life,giving rise to new demands for a new generation of human rights.The concept of digital human rights can be defined as the legitimate rights of human's infinitely extended personalities through digital media.Its core characteristic is its transcendency,where every person lives in a networked space that surpasses physical boundaries,nations,and individual personalities.Human rights are generally considered the foundation for basic constitutional rights,which,in turn,form the basis for legislative acts across various sectors.In recent years,China has enacted numerous laws in the digital domain to keep pace with the times,but due to the lack of guidance on digital human rights,these laws tend to be fragmented and disjointed.It is urgent to unify digital legislation at all levels on the basis of reshaping basic constitutional rights.Thus,it is essential to reshape the basic rights based on the concept and characteristics of digital human rights and streamline legislation at all levels under the unified guidance of basic rights.This can help establish a comprehensive digital human rights protection system that meets the demands of the modern era.

The Prosecutorial Protection of Digital Human Rights

In the digital age,the rise of digital human rights has become an important expansion in the field of human rights.When advancing digital prosecution strategies,prosecutorial agencies should pay greater attention to the protection of digital human rights.The fragile state of digital human rights and the unique position of prosecutorial agencies in human rights protection make it imperative that prosecutorial agencies place more emphasis on fulfilling their responsibilities in legal oversight to promote the protection of digital human rights.Currently,prosecutorial agencies have strengthened the protection of digital human rights through such measures as promoting legal oversight with big data,enhancing the handling of criminal cases involving citizens'digital human rights,expanding the scope of public interest litigation protecting digital human rights,and improving their roles in civil and administrative prosecution.However,there are still challenges related to the inadequacy of updating the mindset,the incompleteness of measures,and the lack of innovation in mechanisms and systems.Therefore,prosecutorial agencies should further align with the implementation of digital prosecution strategies,update their human rights protection concepts,intensify efforts to combat cybercrime,strengthen the protection of citizens'personal information through prosecution,enhance public interest protection of collective digital human rights through public interest litigation,and actively innovate prosecutorial work mechanisms and systems to bolster the protection of digital human rights.

Digital Development Rights in Developing Countries:Where the Governance Rules for Cross-Border Data Flows

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.

Dynamic Management of Digital Rights for Long-term Preservation：the Expert System Approach

This presentation focuses on the complex issue of managing digital rights for long-term preservation. It describes the strategy and the methodology adopted within the SPAR project (French National Library), which rely on a special kind of knowledge-based system.

Social Rights and Work on Digital Platforms in Brazil:The Case of“Breque dos Apps”

The movement known as“Breque dos Apps”was a social movement of a striker nature,which took place in Brazil in July 2020.Such movement was organized by workers which provided services to delivery apps(like iFood,Loggi,Uber Eats and Rappi).They demanded better working conditions and social protection measures,since they were out of the protection of the Brazilian legal system.The reason for this lies in the fact that there is a debate about the classification of these workers-the maximum expression of the gig economy-as employees under Brazilian legislation.As a result,and with the exponential growth in the use of these applications due to the Covid-19 pandemic,thousands of workers were left on the fringes of any social protection.This study aims to analyze the aforementioned movement and its demands within the paradigm of social rights,especially the ones regarding collective representation,which are guaranteed by the Brazilian Constitution.In terms of methodology,the content analysis method will be applied,considering that the established objective presupposes the study of theoretical and legal texts that allow the structuring of concepts applicable to the theme.The research technique to be adopted will be the analysis of indirect documentation,that is,literature review,to be carried out through bibliographic and documentary research,focused on literature and legal texts related to the topic.

Application of Digital Evidence in Criminal Cases: Dilemma and Optimization

The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is characterized by digitization,diversification,and traceability.The application of criminal digital evidence can be divided into two main scenarios:the vertical scenario involving phases such as filing,prosecution,and trial;the horizontal scenario related to specific types of crimes.Criminal digital evidence is primarily applied to handling non-contact crimes,such as cybercrimes.However,the application of such evidence may infringe upon the basic rights of suspects,including their rights to privacy,rights to know,and rights to defense.Furthermore,the diversified and non-systematic nature of digital evidence may lead to challenges in applying the law,particularly with algorithmic“black boxes,”which can result in judicial discrimination and other drawbacks.Therefore,it is necessary to formulate or improve the regulatory framework for criminal digital evidence to ensure its lawful and standardized application.Additionally,judicial authorities must strengthen collaboration in case handling to ensure smooth coordination in collecting and applying digital evidence,thereby realizing its efficient litigation value.Furthermore,it is essential to check and balance the algorithm-based conviction and sentencing to protect the legitimate rights and interests of the parties involved,achieving high-quality human rights protection.

The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement

The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted.

Research on the Impact of Digital Transformation on the Business Performance of Commercial Banks

Nowadays,with the development of the digital economy,commercial banks are actively conducting digital transformation.Studying the impact of the digital transformation of commercial banks on their operating performance can help commercial banks form a stronger core competitiveness and promote high-quality financial development.Based on the above background,this article first describes the status and development of digital transformation and development of commercial banks,and secondly analyzes whether Chinese commercial banks’digital transformation is conducive to improving their operating performance.Thirdly,by selecting the data of the listed commercial banks in the ten years of 2012–2022,this article obtains the empirical testing of the digital transformation on different property rights.Finally,the higher the level of digitalization,the higher the digital level,the more significantly promotes the performance of commercial banks.Finally,based on the above analysis,this article puts forward feasibility opinions on commercial banks and related regulators.

A Digital Right Management Model for Distribution of Digital Audiovisual Content

This paper presents a digital rights management model, which considers the integrated factors including legality, communication security, integrity of the content, and trading fairness. The architecture of the model, the necessary protocol for the copyright control and content distribution, the authentication mechanism which offer consumption registration for content fair distribution, of the model are all provided. The scheme also provides distribution and evidence for using the copyright of digital content fairly and effectively. Finally, analysis shows the proposed model has both high security and good performance.

The Protection of the Right to Equality of the Elderly in the Digital Society

The inequality faced by the elderly in a digital society is the digital inequality caused by both public and private actions,as well as the societal inequality exacerbated by the digital inequality.The essence of this issue lies in the unequal social participation due to the expansion of digital space under digital inequality.The characteristics of the elderly,combined with their inherent human dignity,determine that the ultimate goal of protecting their right to equality in a digital society is not limited to equal digital rights alone.Instead,it aims to ensure that the elderly have equal opportunities for social participation in both digital and non-digital spaces by eliminating digital inequality and curbing the expansion of digital space.This ensures the autonomy of the elderly in the digital society.Accordingly,the State should implement two policies based on both prohibitive obligations that prevent direct infringements and protective obligations that safeguard the equal rights of the elderly against encroachments from private entities.The first policy,“Digital Integration”,empowers the elderly with digital skills and helps them actively integrate into the digital society.The second policy,“Digital Coexistence,”ensures that the elderly can equally participate in society even when they choose to abstain from digital technology.

The Digital Fingerprinting Method for Static Images Based on Weighted Hamming Metric and on Weighted Container Model

The algorithm of fingerprint constructing for still images based on weighted image structure model is proposed. The error correcting codes that are perfect in weighted Hamming metric are used as a base for fingerprint constructing.

Modernization and the Diversity of Human Rights Among Civilizations--Review of the 2023 China-europe Seminar on Human Rights

Human rights are an achievement of humanity and a symbol of progress.Respect for and protection of human rights are basic principles of modern civilization.Around the world,countries and regions have chosen different paths to modernization,which are rooted in their unique civilizations.to promote exchanges and mutual learning among civilizations,facilitate human rights exchanges and cooperation between different countries,and advance the global development of human rights,on September 20,2023,the 2023 China-europe Seminar on Human Rights was held in Rome,the capital of Italy.Under the theme of“Modernization and the Diversity of Human Rights Among Civilizations,”the seminar focused on discussing topics such as exchanges and mutual learning among civilizations and the development of modern human rights philosophy,modernization and the free and well-rounded development of every person,sustainable development in the process of modernization,and the evolution of the civilization of human rights in the digital age.participants reached the following consensuses at the event:First,the participants from various countries spoke highly of the great achievements that China has made in human rights cause and fully recognized China’s contributions in promoting the development and progress of the global human rights cause;Second,the participants from all countries agreed that it is necessary to discard the concept of“Western-centrism,”transcend the mindset of“cultural superiority,”promote human rights exchanges and mutual learning among civilizations on the basis of equality and mutual respect,and inject new impetus into the diversity of human rights among civilizations;third,participants reaffirmed that human rights represent an open concept,and that we should discuss the development of human rights with an open mind and jointly promote the progress of human rights in the world.