Federation Boosting Tree for Originator Rights Protection

The problem of data island hinders the application of big data in artificial intelligence model training,so researchers propose a federated learning framework.It enables model training without having to centralize all data in a central storage point.In the current horizontal federated learning scheme,each participant gets the final jointly trained model.No solution is proposed for scenarios where participants only provide training data in exchange for benefits,but do not care about the final jointly trained model.Therefore,this paper proposes a newboosted tree algorithm,calledRPBT(the originator Rights Protected federated Boosted Tree algorithm).Compared with the current horizontal federal learning algorithm,each participant will obtain the final jointly trained model.RPBT can guarantee that the local data of the participants will not be leaked,while the final jointly trained model cannot be obtained.It is worth mentioning that,from the perspective of the participants,the scheme uses the batch idea to make the participants participate in the training in random batches.Therefore,this scheme is more suitable for scenarios where a large number of participants are jointly modeling.Furthermore,a small number of participants will not actually participate in the joint training process.Therefore,the proposed scheme is more secure.Theoretical analysis and experimental evaluations show that RPBT is secure,accurate and efficient.

The Way to Optimize the Right to Personal Data Portability in Chinese Practice——Based on Empirical Analysis of the Privacy Policies of 66 Mobile Apps

Although the existing legal norms and judicial practic-es can provide basic guidance for the right to personal data portabili-ty, it can be concluded that there are obstacles to the realization of this right through empirical research of the privacy policies of 66 mobile apps, such as whether they have stipulations on the right to personal data portability, whether they are able to derive copies of personal in-formation automatically, whether there are textual examples, whether ID verification is required, whether the copied documents are encrypt-ed, and whether the scope of personal information involved is consis-tent. This gap in practice, on the one hand, reflects the misunderstand-ing of the right to personal data portability, and on the other hand, is a result of the negative externalities, practical costs and technical lim-itations of the right to personal data portability. Based on rethinking the right to data portability, we can somehow solve practical problems concerning the right to personal data portability through multiple measures such as promoting the fulfillment of this right by legislation, optimizing technology-oriented operations, refining response process mechanisms, and enhancing system interoperability.

On the protection of the right of privacy of patients by the civil law

The development of China＇s medical industry is very fast, which has provided a great help for people, but in the process, there are also a lot of problems violating the privacy of the patients. Based on these circumstances, we must offer the maximum protection of the privacy of the patients. From the point of view of the civil law, the medical institutions or the medical professionals must respect the patients, and protect the patients＇ privacy, so as to build a more harmonious relationship between the doctors and the patients.

Brief Analysis on the Right of Privacy in a Perspective of Law and Economic

The development of the technology of network had been of great convenience to get access to information. However, it was undeniable that a bad phenomenon had become even more and more serious that others＇ information would be obtained by illegal means, and the research on the protection of privacy had increasingly aroused people＇s concern. The right of privacy not only had the usually outside personality characteristics, but also had a certain characteristics of property. This paper had attempted to study the right of privacy from the perspective of law and economics by interpreting the property in the right of privacy, in order to perfect the protection system of privacy in our country.

The Implementation Mode of No-Fly Zones in International Relations

A No-Fly Zone(NFZ)is a unique mode of humanitarian intervention which is understudied in international relations.This article focuses on the political dimension of NFZs in international relations and investigates their implementations by empirically reviewing all three cases of NFZs to date.There may be efforts by intervening states to highlight humanitarian crises among certain targets to secure UN authorization for the NFZs;yet the implementation of NFZs is also driven largely by the security interests of enforcing states.As a result,there is the potential for those states implementing NFZs to transcend legal authorization and sometimes use excessive force,with likely calamitous results for local populations,or in extreme cases,accomplishing regime change by supporting opposition parties in target states.

The （Impossible） Art of Balancing National Security and Privacy in a Global Context

This paper highlights the work of collaborating European journalists, who in a series of articles, under the heading ＂Security for Sale-the Price we pay to protect Europeans＂, problematise the European Union Funding framework for security technology research, which unfortunately may enhance business opportunities for mass surveillance systems in non-democratic states. Based on a case, involving a research project in which I participated as an ethical adviser, the paper illustrates how a lack of global perspectives constitutes a weakness inherent in methodologies within design ethics, such as Privacy professional idealism （Mitcham 2003）, by Design and value sensitive the paper concludes by arguing outlook, which goes beyond the walled gardens oft^e European Union design. Finally, drawing on the notion of in favour of moral activism from a global

The Improvement of China’s AIDS Notification System from the Perspective of Human Rights

China has established a two-level normative structure AIDS notification system with the AIDS Prevention and control Regulations as the core and local regulations as the supplement The problem is that the local legislations have different provisions with regard to the subject of notification and whether to adopt mandatory notification, which confronts the implementation of the AIDS notification system and the prevention of AIDS transmission with real difficulties The different attitudes of local legislations to the mandatory notification system for AIDS essentially reflects the dilemma of legislators in balancing the right to privacy of HIV-infected patients and the right to health of their sexual partners from the perspective of rights limitations, this paper aims to conducts interest balance analysis in the aspects of social urgency, public interest, substantive damage and the right to know of others and holds the view that when these two rights conflict with each other, priority should be given to the right to health of HIV-infected patients and their sexual partner as well as public health In terms of specific systems, the AIDS Prevention and control Regulations should establish a mandatory notification system and local legislation should take into consideration of local conditions to make specific provisions on issues of notification subject, notification procedures and confidentiality obligations after notification.

Voluntary and Compulsory "AIDS" Screening from the Perspective of Human Rights:A Study Based on HIV Exceptionalism

HIV screening can be used to detect,control and prevent the spread of HIV/AIDS.The attitude towards HIV screening relates to the general trend of human rights protection of AIDS sufferers and infectors.HIV exceptionalism has been adopted in traditional international practice.That means the specific notified,voluntary consent shall be obtained from examinees before they are screened.However,there is move to abandon HIV exceptionalism in order to detect more infectors and treat AIDS the same as another infectious disease.This has resulted in 'compulsory screening' and 'consent after notification'.In China, 'voluntary' screening, 'real-name detection' and 'compulsory screening' exist in different regions.Thus,it is crucial to identify the legal regulation principle of HIV screening from the perspective of human rights.

Judicial Protection of Internet Privacy: Subject of Tort, Standard and Forms of Liability

As one of the basic human rights, and one confirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the right to privacy has been written into China’s General Principles of Civil Law and Tort Law. However, in judicial practice, there has been no unified standard in defining a tort of privacy, especially a tort of internet privacy. With the increasing popularity of the internet, torts of internet privacy are becoming more and more rampant and severe. Focusing on "internet hunts", a common tort of internet privacy, this paper examines how to affirm a tortious act of internet privacy, as well as forms of liability. It also expounds the practical judicial issues such as the object of prosecution trials.

WTO与国有商业银行立法创制刍议

面对WTO的挑战 ,我国国有商业银行的体制改革和立法创制任务十分繁重 ,而国有商业银行的产权结构改革和建立商业银行有限混业经营体制就是其中的两个重要议题。

Empirical Analysis on Transfer and Limitation of Land Contractual Management Right

Existing laws have three limitations on transfer of land contractual management right. The survey of 506 farmer households in Zhejiang,Jiangxi and Guangxi provinces indicates that most farmers have the consistent knowledge of limitation on " transfer being approved by the party giving out the contract in advance" with legislative requirements,but it is not effectively implemented in actual operation. As to limitation on transferee,no matter in cognition of farmers,or in real transfer process,the transferee is not totally limited to farmers engaged in agricultural production and management. For the constraint that the transferor should have stable non-agricultural occupation or stable income source, most farmers agree,but more than half of the farmers have not confirmed the transfer action in practice.

On Limitation of Action against Acts of Continuous Infringement of Trademark Right

The right to claim for damages for infringement is of the character of credit and an object of limitation of action. In case of trademark right infringement, the provision on limitation of action of the General Principles of the Civil Law also apply to the trademark proprietor's right to claim for damages for infringement.……

On the Regulation of Racist Speech

The legal regulation of racist speech involves limitation on the freedom of speech, which requires prudent trade-offs between freedom and quality. The protection of the freedom of speech, although of great value to a democratic society, does not include the pro tection of racist speech. The justification for regulating racist speech lies in the impact of racial ly-charged speech, not in the content of the speech itself. The regulation of racist speech should take into consideration thecriteriaofsubjectivemalignancy,necessityandproportionality.Due to their social status and special role in a democratic society, the media and political figures should bear a more stringent duty of care because of the harm and consequences of their racist remarks, which are far greater than those of other groups. During the pandemic, legal regula tion is required regarding remarks of politicians and the media that imply discrimination linked to CoVID-19.

《民法典》背景下个人信息保护的司法考察与制度完善

大数据时代,为充分保障个人的信息安全,我国相继施行的《民法典》《个人信息保护法》对此作出了较为全面的规定。考察相关规则的司法适用,发现我国个人信息保护存在个人信息与隐私权界定不清、损害赔偿威慑作用不足、公益诉讼制度效用未充分发挥、“知情—同意”标准不一且流于形式等问题。为解决上述问题,可通过构建可识别的场景化模式界定个人信息,引入情境脉络完整性理论判定隐私,审慎引入惩罚性赔偿,明晰个人信息保护公益诉讼的适用条件,构建“国家—行业—平台”三层规则体系实现实质同意,全面保护个人信息。

数据要素流通与安全的研究范畴与未来发展趋势

针对数据从信息技术时代的受控共享向数据技术时代的数据要素泛在流通演化的趋势,分析了数据共享与数据要素流通的差异,阐述了什么样的数据才能成为数据要素,提出了数据成为数据要素所必须具有的6个属性,定义了数据要素流通模型及主要环节,明确了数据要素流通的研究范畴,梳理了数据要素流通研究范畴的相关概念,厘清了研究范畴所涵盖的关键核心技术,并对未来需要突破的关键技术进行了展望。

企业数据的知识产权保护

企业数据和知识产权的客体之间存有共性。二者的保护基础理论相互融通,并且企业数据权利与知识产权权利结构相近似,这为企业数据的知识产权保护奠定了基础。检视现有知识产权制度框架下保护模式的有限性以识别现有制度与企业数据保护问题之间真正无法重合的地带。构建和完善企业数据保护规则须对企业数据进行类型化结构,基于类型化区分和场景化差异探寻不同保护路径。从解释论角度而言,对于无法纳入既有法定权利范畴的企业数据权益,适用《反不正当竞争法》一般条款规制未被类型化权益,关键在于客观审查数据使用行为是否违反商业道德。从立法论角度而言,可参照知识产权的行为规制赋权化路径,将规制焦点建立在对企业数据的利用行为上,对利用行为进行类型化提炼,建构一种以禁止权和报酬权为核心的不完满的控制权和有限度的排他权。

脑机接口技术背景下精神完整权的逻辑证成和制度构想

面对脑机接口技术对人的隐私、精神完整性和心理连续性造成的威胁,身体权虽能够提供一定保障,但是尚不足以表彰其特殊性,尤其是对于非侵入式的。隐私权虽然能够保障公民免予心智思想被探知,但是不能兼及改变。思想自由、认知自由和精神自决保障公民寻求主动干预以塑造一个人大脑状态的积极面向有些激进。脑机接口技术对于心智思想的干预,不但直接、严重,甚至可能永远,因此要确立一种精神完整权。不论何种用途、侵入程度、接口类型,该技术研究应用都必须经过告知同意,不得强制以物理力或以隐瞒的方式为之。与为了保障公民心理健康权,强调国家的实现义务不同,精神完整权关涉隐私、身份、自主,聚焦于一种对抗国家不得干预的权能。

截屏社交的“刺猬困境”——聊天记录再传播中隐私边界的游移与重塑

截屏社交指个体将聊天内容截屏并转发给他人,以期拉近社交距离的行为。截屏社交会打破聊天双方的隐私平衡,使原本私密的聊天记录面临隐私风险。对此,个体需保持边界敏感、重塑边界契约;平台需提供技术支持,加强用户信息自决权、强化审核把关、简化维权通道;法律应破除适用障碍,从法理层面与实践层面共同着手,保障截屏社交中的信息安全。

刑事诉讼领域个人信息权的限制与规范

个人信息保护兹事体大,重视对个人信息权的保护已成共识,即便在刑事诉讼领域亦不例外。但刑事诉讼中个人信息权的行使可能与犯罪控制的利益和公众知情权、信息开放利益、科学和艺术研究利益等发生冲突,因此有必要遵循目的限制、必要性、区分对待等原则对刑事诉讼领域的个人信息权予以适当限制。在此基础上,可以提出刑事诉讼中个人信息权行使的四方面考量因素,并由此确立个人信息权行使的方式及其救济途径,以实现个人信息权在刑事诉讼领域的良性发展。

环境健康风险法律规制的限度及其调适

基于问题导向,环境健康风险法律规制呈现为环境联系健康的立法观与系统性的风险规制法制。然而,事实因应导向的环境健康风险法律规制也不可避免地存在过度干预权利、法律控制乏力与解释空间过大的风险,需要在既有理路框架下,由宪法从立法选择与法律实施层面对其进行结构性调适。在立法选择中,有必要重塑环境健康风险预防义务与基本权利并重的立法观,明确环境健康风险系统规制中事权协同的合宪性标准,搭建合理表达预防积极化与比例选择规制措施的规范结构;在法律实施中,需以基本权利作为解释标准,强化环境行政裁量与司法裁判的合宪性控制,避免给私主体增加不必要的损害或负担。