Cyber-Security Threat Characterisation a Rapid Comparative Analysis
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A Cross-Country Characterisation of the Patenting Behaviour of Firms Based on Matched Firm and Patent Data
OECD Science, Technology and Industry Working Papers 2013/05 A Cross-Country Characterisation Mariagrazia Squicciarini, of the Patenting Behaviour Hélène Dernis of Firms based on Matched Firm and Patent Data https://dx.doi.org/10.1787/5k40gxd4vh41-en Unclassified DSTI/DOC(2013)5 Organisation de Coopération et de Développement Économiques Organisation for Economic Co-operation and Development 10-Sep-2013 ___________________________________________________________________________________________ English - Or. English DIRECTORATE FOR SCIENCE, TECHNOLOGY AND INDUSTRY Unclassified DSTI/DOC(2013)5 A CROSS-COUNTRY CHARACTERISATION OF THE PATENTING BEHAVIOUR OF FIRMS BASED ON MATCHED FIRM AND PATENT DATA STI Working Paper 2013/5 By Mariagrazia Squicciarini and Hélène Dernis (OECD) English - Or. English JT03344187 Complete document available on OLIS in its original format This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. DSTI/DOC(2013)5 STI WORKING PAPER SERIES The Working Paper series of the OECD Directorate for Science, Technology and Industry is designed to make available to a wider readership selected studies prepared by staff in the Directorate or by outside consultants working on OECD projects. The papers included in the series cover a broad range of issues, of both a technical and policy-analytical nature, in the areas of work of the DSTI. The Working Papers are generally available only in their original language – English or French – with a summary in the other. Comments on the papers are invited, and should be sent to the Directorate for Science, Technology and Industry, OECD, 2 rue André-Pascal, 75775 Paris Cedex 16, France. -
The Most Common Blunder People Make When the Topic of a Computer Virus Arises Is to Refer to a Worm Or Trojan Horse As a Virus
Trojan And Email Forging 1) Introduction To Trojan&viruses: A Trojan horse, or Trojan, in computing is a generally non-self-replicating type of malware program containing malicious code that, when executed, carries out actions determined by the nature of the Trojan, typically causing loss or theft of data, and possible system harm. The term is derived from the story of the wooden horse used to trick defenders of Troy into taking concealed warriors into their city in ancient Anatolia, because computer Trojans often employ a form of social engineering, presenting themselves as routine, useful, or interesting in order to persuade victims to install them on their computers.[1][2][3][4][5] A Trojan often acts as a backdoor, contacting a controller which can then have unauthorized access to the affected computer.[6] While Trojans and backdoors are not easily detectable by themselves, computers may appear to run slower due to heavy processor or network usage. Malicious programs are classified as Trojans if they do not attempt to inject themselves into other files (computer virus) or otherwise propagate themselves (worm).[7] A computer may host a Trojan via a malicious program a user is duped into executing (often an e-mail attachment disguised to be unsuspicious, e.g., a routine form to be filled in) or by drive-by download. The Difference Between a Computer Virus, Worm and Trojan Horse The most common blunder people make when the topic of a computer virus arises is to refer to a worm or Trojan horse as a virus. One common mistake that people make when the topic of a computer virus arises is to refer to a worm or Trojan horse as a virus. -
Article Full-Text
[Vol. 11 2008] TOURO INTERNATIONAL LAW REVIEW 23 OPTIMAL RULE -SELECTION PRINCIPLES IN ANGLO -AMERICAN CONTRACTUAL JURISDICTION Alan Reed* I. INTRODUCTION Dyspeptic individuals and corporate entities are frequently engaged in multistate litigation as a concomitant of the growing body of activity at an international and interstate level. Litigants, like moths to a flame, are increasingly drawn towards the adventitious benefits of suit before a U.S. Court, and have sought to invoke jurisdiction over non-forum residents. As a consequence the court system has striven manfully, but arguably in vain, to propagate effective substantive principles, which are distilled casuistically in a commercial arena to identify sufficient nexus between a forum state and defendant, satisfying the constitutional standards of due process. 1 A legitimate blue litmus paper template for this important venue resolution conundrum has been difficult to achieve. Interpretative problems are evident in the assimilation of relevant methodological principles. In this context it is substantive principles relating to personal jurisdiction that operate as the fulcrum for a court entering a binding judgment against an impacted party. 2 A defendant will be haled before an alien court to defend an action as a consequence of state level empowerment, through adoption of long-arm statutes. It is vital, however, that the seized court’s exercise of jurisdiction comports with the due process clause of the Fourteenth Amendment to *M.A. (Cantab.), LL.M. (University of Virginia), Solicitor and Professor of Criminal and Private International Law at Sunderland University. 1 See U.S. CONST . art. 1, § 10; Lakeside Bridge & Steel Co. v. Mountain State Constr. -
The Dimensions of Public Policy in Private International Law
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by UCL Discovery The Dimensions of Public Policy in Private International Law Alex Mills* Accepted version: Published in (2008) 4 Journal of Private International Law 201 1 The problem of public policy in private international law National courts always retain the power to refuse to apply a foreign law or recognise or enforce a foreign judgment on the grounds of inconsistency with public policy. The law which would ordinarily be applicable under choice of law rules may, for example, be denied application where it is “manifestly incompatible with the public policy (‘ordre public’) of the forum”1, and a foreign judgment may be refused recognition on the grounds that, for example, “such recognition is manifestly contrary to public policy in the [state] in which recognition is sought”2. The existence of such a discretion is recognised in common law rules, embodied in statutory codifications of private international law3, including those operating between European states otherwise bound by principles of mutual trust, and is a standard feature of international conventions on private international law4. It has even been suggested that it is a general principle of law which can thus be implied in private international law treaties which are silent on the issue5. The public policy exception is not only ubiquitous6, but also a fundamentally important element of modern private international law. As a ‘safety net’ to choice of law rules and rules governing the recognition and enforcement of foreign judgments, it is a doctrine which crucially defines the outer limits of the ‘tolerance of difference’ implicit in those rules7. -
THE CHINESE PRACTICE of PRIVATE INTERNATIONAL LAW the Chinese Practice of Private International Law QINGJIANG KONG* and HU MINFEI†
THE CHINESE PRACTICE OF PRIVATE INTERNATIONAL LAW The Chinese Practice of Private International Law QINGJIANG KONG* AND HU MINFEI† CONTENTS I Introduction II Jurisdiction A General Rule of Territorial Jurisdiction B Exceptions to the General Rule of Territorial Jurisdiction 1 Exclusive Jurisdiction 2 Jurisdiction of the People’s Court of the Place in Which the Plaintiff is Domiciled 3 Jurisdiction over Actions Concerning Contractual Disputes or Other Disputes over Property Rights and Interests 4 Jurisdiction over Actions in Tort C Choice of Forum 1 Recognition of Jurisdictional Agreement 2 Construed Jurisdiction D Lis Alibi Pendens E Effect of an Arbitration Agreement on the Jurisdiction of People’s Courts 1 Independence of Arbitration Clause 2 Approach of People’s Courts to Disputes Covered by Arbitration Agreements III Choice of Law A Choice of Law in General 1 Characterisation 2 Renvoi 3 Proof of Foreign Law 4 The Time Factor in Applying Laws 5 Cases Where There is No Provision in Applicable Chinese Law B Contracts 1 Choice of Law for Contracts 2 Applicable Law for Contracts in Cases Where No Law Has Been Chosen C Torts Involving Foreign Elements D Marriage, Family and Succession 1 Marriage 2 Husband-Wife Relationships, Guardianship and Maintenance Relationships 3 Application of Law Concerning Succession IV Recognition and Enforcement of Foreign Judgments and Awards A Recognition and Enforcement of Foreign Judgments B Recognition and Enforcement of Foreign Arbitral Awards * BSc (Nanjing), LLM (East China Institute of Politics and Law), PhD (Wuhan); Associate Professor, Law Faculty, Hangzhou Institute of Commerce. † LLB, LLM (Northwest Institute of Politics and Law); Lecturer, Law Faculty, Hangzhou Institute of Commerce. -
Surveying a World of Advanced Threats
Chapter 1 Surveying a World of Advanced Threats In This Chapter ▶ Distinguishing between basic and advanced threats ▶ Recognizing three types of cyberenemies ▶ Counting the cost of data breaches It’s getting rough out there. I’m not kidding. In more than two decades of observing the effects of enterprise and government data breaches, I’ve never seen anything like today’s threat landscape. The sheer number of recent high-profile cyberattacks is staggering. The bad guys clearly have the upper hand, and it seems like there’s nothing that any of us can do about it. Given the efficacy of modern-day threats, today’s informa- tion security professionals are judged not only on how well they can block known threats but also on how quickly they can uncover, identify, and mitigate unknown threats. Unfortunately, too many security professionals lack the tools andCOPYRIGHTED training needed to stay ahead MATERIAL in this cyberarms race. In this chapter, I distinguish between basic and advanced cyberthreats while exploring common variations of advanced threats along the way. I also cite recent data-breach statistics, describe three types of cyberenemies, and review high-profile commercial and government cyberattacks that recently made international headlines. But first, allow me to clarify the differences between basic and advanced threats. 004_9781118658765-ch01.indd4_9781118658765-ch01.indd 3 77/1/13/1/13 112:452:45 PMPM 4 Advanced Threat Detection For Dummies Contrasting Basic and Advanced Threats The following are key characteristics of basic and advanced cyberthreats: ✓ Basic threats are known threats against known operat- ing system (OS) or application-level vulnerabilities. -
Post-Critical Private International Law: from Politics to Technique a Sketch
Post-critical Private International Law: From Politics to Technique A Sketch Ralf Michaels, Duke University Loccum, October 18, 2011 SciencesPo, December 9, 2011 I. FOUNDATIONS ................................................................................................................................... 4 A) CONFLICTS AS PROBLEM ............................................................................................................................... 4 B) CONFLICTS AS NON-LAW ............................................................................................................................... 5 C) CONFLICTS AS SUBSTANTIVE LAW ............................................................................................................... 6 D) THE ALTERNATIVE: CONFLICTS AS LEGAL TECHNIQUE .......................................................................... 7 II. POLITICS, APPROACHES, AND THEORY: CURRIE, AGAIN ................................................... 8 A) CURRIE AS POLITICS ....................................................................................................................................... 9 B) CURRIE AS ANTI-RULES .............................................................................................................................. 10 III. FROM POLITICS TO TECHNIQUE .............................................................................................. 12 A) THE IRREPRESSIBLE NEED FOR RULES ................................................................................................... -
Chapter 3: Viruses, Worms, and Blended Threats
Chapter 3 Chapter 3: Viruses, Worms, and Blended Threats.........................................................................46 Evolution of Viruses and Countermeasures...................................................................................46 The Early Days of Viruses.................................................................................................47 Beyond Annoyance: The Proliferation of Destructive Viruses .........................................48 Wiping Out Hard Drives—CIH Virus ...................................................................48 Virus Programming for the Masses 1: Macro Viruses...........................................48 Virus Programming for the Masses 2: Virus Generators.......................................50 Evolving Threats, Evolving Countermeasures ..................................................................51 Detecting Viruses...................................................................................................51 Radical Evolution—Polymorphic and Metamorphic Viruses ...............................53 Detecting Complex Viruses ...................................................................................55 State of Virus Detection.........................................................................................55 Trends in Virus Evolution..................................................................................................56 Worms and Vulnerabilities ............................................................................................................57 -
Cyber-Crime, Securities Markets and Systemic Risk, Joint Staff
Staff Working Paper: [SWP2/2013] Cyber-crime, securities markets and systemic risk 16 July, 2013 Joint Staff Working Paper of the IOSCO Research Department and World Federation of Exchanges Author: Rohini Tendulkar (IOSCO Research Department) Survey: Grégoire Naacke (World Federation of Exchanges Office) and Rohini Tendulkar This Staff Working Paper should not be reported as representing the views of IOSCO or the WFE. The views and opinions expressed in this Staff Working Paper are those of the author and do not necessarily reflect the views of the International Organisation of Securities Commissions or the World Federation of Exchanges, or its members. For further information please contact: [email protected] IOSCO Staff Working Paper July 2013 Contents About this Document ................................................................................................................ 2 Executive Summary ................................................................................................................... 3 Introduction .............................................................................................................................. 6 Understanding the Cyber-Crime Risk ...................................................................................... 11 Systemic risk scenarios ........................................................................................................ 22 A Focus on The World’s Exchanges ......................................................................................... 23 -
The Renvoi Debate
Id-Dritt2006 Volume XIX The Renvoi Debate Dr. Patricia Cassar-Torregiani B.A., LL.D., B.C.L. (Oxon) Introduction 'Much of the discussion of the renvoi doctrine has proceeded on the basis that the choice lies in all cases between its absolute acceptance and its absolute rejection. The truth would appear to be that in some situations the doctrine is convenient and promotes justice, and that in other situations the doctrine is inconvenient and 469 ought to be rejected' . Conflicting views and different approaches seem synonymous with the doctrine of renvoi. It has been regarded by some as a distortion of choice of law principles, while others praise its merits and advocate its 'absolute acceptance'. The ambivalent attitudes that surround renvoi reflect the ambiguity of the subject which the doctrine strives to address - how one is to understand the reference to a foreign lex causae. As Dicey and Morris point out,_ the term 'law of a country' can mean, in its narrower and more usual sense, the domestic law of any country; alternatively, it can refer in its wider sense to all the rules, including the rules of the conflict of laws, which the courts of a country apply to a particular case. This ambiguity of expression 470 gives rise to the very problem of renvoi. This attitude is mirrored in the development of the concept, which has neither been steady nor principled.471 469 Collins L. et al., Dicey and Morris: The Conflict of Laws, 13 ed., London::Sweet and Maxwell, 2000 470 As above 471 Bremer v Freeman (1857) IO against the doctrine. -
EU-PIL European Union Private International Law in Contract and Tort
EU-PIL European Union Private International Law in Contract and Tort EU-PIL European Union Private International Law in Contract and Tort Joseph Lookofsky & Ketilbjørn Hertz JP JurisNet, LLC DJØF Publishing Copenhagen EU-PIL European Union Private International Law in Contract and Tort First Edition 2009 Copyright 2009 © JurisNet, LLC Copyright 2009 © DJØF Publishing DJØF Publishing is a company of the Association of Danish Lawyers and Economists All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means – electronic, mechanical, photocopying, recording or otherwise – without the prior written permission of the publisher. ISBN 978-1-933833-25-5 (JurisNet, LLC) ISBN 978-87-574-2037-1 (DJØF Publishing) Sold worldwide, except Denmark, Finland, Norway and Sweden, by: JurisNet, LLC 71 New Street Huntington, New York 11743 USA www.jurispub.com Sold and distributed in Denmark, Finland, Norway and Sweden by: DJØF Publishing Copenhagen 17 Lyngbyvej – P.O. Box 2702 2100 Copenhagen Denmark www.djoef-forlag.dk Table of Contents Preface to the First Edition (2009) ........................................................................ IX Chapter 1. Introduction and Overview 1.1. General Introduction ........................................................................................ 1 1.2. Sources of Private and of Private International Law ....................................... 4 1.3. Overview: Jurisdiction, Choice of Law, Enforcement ................................... -
International Investment Law: Understanding Concepts and Tracking Innovations © OECD 2008
ISBN 978-92-64-04202-5 International Investment Law: Understanding Concepts and Tracking Innovations © OECD 2008 Chapter 1 Definition of Investor and Investment in International Investment Agreements* The definition of investor and investment is key to the scope of application of rights and obligations of investment agreements and to the establishment of the jurisdiction of investment treaty-based arbitral tribunals. This factual survey of state practice and jurisprudence aims to clarify the requirements to be met by individuals and corporations in order to be entitled to the treatment and protection provided for under investment treaties. It further analyses the specific rules on the nationality of claims under the ICSID Convention. As far as the definition of investment is concerned, most investment agreements adopt an open- ended approach which favours a broad definition of investment. Nevertheless recent developments in bilateral model treaties provide explanatory notes with further qualifications and clarifications of the term investment. The survey further reviews the definition of investment under ICSID as well as non-ICSID case-law for jurisdictional purposes. ∗ This survey was prepared by Catherine Yannaca-Small, Investment Division, OECD Directorate for Financial and Enterprise Affairs. Lahra Liberti, Investment Division, OECD Directorate for Financial and Enterprise Affairs prepared Section II of Part II and revised the document in light of the discussions in the OECD Investment Committee. This paper is a factual survey which does not necessarily reflect the views of the OECD or those of its member governments. It cannot be construed as prejudging ongoing or future negotiations or disputes arising under international investment agreements.