My thesis aims to show that Wittgensteins view of rule-following involves a misleading picture of the rule. Since he saw the rule as something fundamentally independent of the rule-follower and something with which the rule-follower must comply, he inevitably became entangled in the paradox of compliance: that is, the idea that there must be something other than the rule-follower for rule-following to exist, even though he knew that there was really nothing there to guide the rule-follower or to measure his action. This paradox, dimly expressed within key Wittgensteinian problems relating to how one is able to follow a rule and whether one can follow a rule privately, eventually gave rise to the question over the social nature of rules. In that debate, Wittgensteins commentators vigorously argued, and continue to argue, whether the concept of rule-following presupposes a community of practitioners or not. I argue that this debate itself is misguided, since both sides in this debate take as their starting point a picture of compliance which sees rule and rule-follower as essentially different. In contrast to a compliant picture, I offer a different picture of the rule, which I will call the pliant picture of the rule. I will show that rule and rule-follower are fundamentally the same, and are related to one another, not socially or grammatically, but genealogically. This relationship of identity is in fact exhibited in the relationship between teacher and pupil, when the pupil becomes what his teacher already is through following his teacher. Although compliance can be said to define this relationship initially, it ends with the pupil learning, or becoming, the rule. To conceive of the rule in this way is to avoid the paradox of compliance; that is, it is to go beyond Wittgensteins picture of a paradox.

The main theme of the work is global governance of cyberspace. The objective of the thesis is to assess the threat of cybercrime to global governance of cyberspace. The first chapter helps to create a theoretical framework for the thesis through definition of the main concepts. Second chapter analyzes cybercrime. The goal is to better understand cybercrime as a whole, its different types and its process. The content of the third chapter is an analysis of the history of cybercrime as well as the international law of cyberspace (as a key component of global governance). The fourth chapter goes over the current state of the international law governing cyberspace. After that in the fifth chapter the thesis looks into specific problems of global governance in general and also in the cybernetics. Previous findings are then combined in the last chapter. It contains recommendations for the development of cyberspace global governance. These recommendations are then applied into a few models of cyberspace governance.

Mémoire numérisé par la Direction des bibliothèques de l'Université de Montréal.

Text in Afrikaans / Parralel met die snelle groei van rekenaartegnologie en die groteiwordende rol wat rekenaars in ans alledaagse lewe speel, is daar ongelukkig 'n toename in die misbruik van rekenaars. Benewens die wyses om rekenaarmisbruik by wyse van remedies in die siviele reg aan te spreek, is dit hoofsaaklik die taak van die strafreg om sodanige misbruik te kriminaliseer en deur middel van straf sulke misbruik te voorkom en oortreders af te skrik. Uit 'n ontleding van die Suid-Afrikaanse strafreg het dit geblyk dat bestaande misdrywe, beide gemeenregtelik en statuter, nie voldoende rekenaarmisbruik kan kriminaliseer en aanspreek nie. Wetgewing blyk die mees gepaste optossing te wees. Uit 'n regsvergelykende studie van die hantering van rekenaarmisbruik in jurisdiksies waar die wetgewer verskillende benaderings toegepas het, het dit geblyk dat die mees gepaste wyse om rekenaarmisbruik te kriminaliseer sal wees om ongemagtigde rekenaarbetreding as moedermisdaad te bestraf aangesien dit die fondament is waarop enige verdere misbruik van 'n rekenaar gebaseer word. Daarbenewens moet verdere meer spesifieke misbruikshandelinge wyd omskryfword as misdrywe, ten opsigte van meer emstige misbruik na betreding van 'n rekenaar / Parallel with the growth in computer technology and increasing use of computers, there has been an increase in computer misuse. In addition to addressing different methods of computer misuse in terms of civil law remedies, it is mainly the task of the criminal law to criminalise such misuse, prevent computer misuse and deter offenders by means of punishment. It was clear from a study of South African criminal law that existing offences, both statutory and in terms of the common law, do not criminalise and address computer misuse effectively. It therefore seems that legislation would be the most appropriate solution. It appeared from a comparative study of jurisdictions where legislators approach computer misuse differently, that the most effective way of criminalising computer misuse would be to criminalise una1,1thorised computer accessing as basic offence. In addition thereto more specific further acts of serious computer misuse, defined broadly, should be criminalised / Criminal & Procedural Law / LL.M. (Criminal & Procedural Law)

This thesis investigates representations of happiness in recent German literature and film. The interpretations focus on how happiness is negotiated in the context of home and travel, of Heimat and Fremde, in order to understand happiness, not only insofar as it contributes to “the good life”, but also as an element that shapes public discourses. My readings of works of fiction take into account how notions of happiness have shifted since the turn of the millennium. One reason for this shift is the heightened interest in happiness research, one of the most thriving interdisciplinary research fields of the last decade, which includes disciplines such as psychology, neurosciences, political science, sociology and economics. The following texts and films are examined in this context: Sommerhaus, später (1998) and Nichts als Gespenster (2003) by Judith Hermann, Transfer Lounge (2003) by Gregor Hens, Die Habenichtse (2006) by Katharina Hacker, Head-On (German: Gegen die Wand, 2004) by Fatih Akın, When We Leave (German: Die Fremde, 2010) by Feo Aladağ, Der Blick hinab (2007) by Shirin Kumm, Unveiled (German: Fremde Haut, 2005) by Angelina Maccarone, Cherry Blossoms (German: Kirschblüten – Hanami, 2008) by Doris Dörrie and Zehn (2010) by Franka Potente. My theoretical framework is informed in part by Sara Ahmed’s 2010 influential study, The Promise of Happiness, which takes a critical view toward recent happiness research from a cultural studies perspective. My analysis is directed at the ways in which concepts of happiness are narrated, negotiated and challenged within the context of transnational stories, which are inscribed with the effects of “supermodernity” (Augé) in a globalized world. I show how these works subvert themes and motifs that are associated with happiness, such as home and Heimat and travel or migration into the West. Finally, my readings show how these works mediate and reflect public dialogues and traditional notions about what makes us happy or unhappy, and I demonstrate how new configurations of happiness arise from these narratives. / Thesis (Ph.D, German) -- Queen's University, 2013-05-30 17:42:26.632

Hackers external to the organization continue to wreak havoc upon the information systems infrastructure of firms through breaches of security defenses, despite constant development of and continual investment in new IS security countermeasures by security professionals and vendors. These breaches are exceedingly costly and damaging to the affected organizations. The continued success of hackers in the face of massive amounts of security investments suggests that the defenders are losing and that the hackers can innovate at a much faster pace. Underground hacker communities have been shown to be an environment where attackers can learn new techniques and share tools pertaining to the defeat of IS security countermeasures. This research sought to understand the manner in which hackers diffuse innovations within these communities. Employing a multi-site, positivist case study approach of four separate hacking communities, the study examined how hackers develop, communicate, and eventually adopt these new techniques and tools, so as to better inform future attempts at mitigating these attacks. The research found that three classes of change agents are influential in the diffusion and adoption of an innovation: the developer/introducer of the innovation to the community, the senior member of a community, and the author of tutorials. Additionally, the research found that three innovation factors are key to successful diffusion and adoption: the compatibility of the innovation to the needs of the community, the complexity of the innovation, and the change in image conferred upon the member from adopting the innovation. The research also described the process by which innovations are adopted within the hacking communities and detailed phases in this process which are unique to these communities.

Diploma thesis 77 million PlayStation Network accounts stolen, does it affect us?: An analysis of Internet discussions revolving around this topic deals with the case of what so far seems to be the biggest case of user information leak on the Internet. The introduction outlines the history and development of PlayStation consoles and maps major attempts to jailbreak the last generation of the console by hackers. The following section presents PlayStation Network itself, whose users were at risk of the loss of their online identity because of the attack and chronologically describes the course of breach-related events including the subsequent theft of user data. It also focuses in detail on the case of GeoHot - a hacker whose dispute with Sony alienated fellow hacker community and initiated retaliatory activities which as a result led to loss of data. Another part of the thesis examines the issue of digital identity and its protection, gives an insight into the history of the formation of the hacker community and further explains the phenomenon of existence and perception of the term hacker in the context of the Internet. The final section is devoted to analysis of selected discussion posts under thematically relevant articles, analyzes them in terms of content relevance, information sentiment and...

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I begin this thesis with a brief account of my meetings with popular South Indian guru Sathya Sai Baba (1926- ) and very brief a discussion of recent fraud and sexual abuse allegations that have been made against him. I note that one of the key factors involved in this, also accountable for his extraordinary popularity, is his divine persona-especially his self-proclaimed identity as "the avatar"-and I review previous academic studies pertaining to this. In contrast to most previous studies of Sathya Sai Baba, which align him primarily with Śaiva traditions and with the "Sai Baba movement", I note a strong (and long running) affinity in his ideas for Vaiṣṇava traditions (especially the Bhagavad-Gītā and the Bhāgavata-Purāṇa), and I add that his background as a member of a traditionally highly regarded bardic caste may have contributed to his divine persona. I further investigate this persona via a history of potentially parallel traditional and modern avatar ideas. I show something of the manner in which many of the avatar concepts and myths to which Sathya Sai Baba refers originated and developed, especially invoking the episteme of "resemblance", posited by Brian Smith, the idea of "inclusivism"-which I adapt from the work of Paul Hacker and Wilhelm Halbfass-and traditional (Sāṁkhya) processes of "distinction", "categorization", and "enumeration". In addition to these, I much refer to Max Weber's analysis of "pure types" of authority-traditional, charismatic, and rational-showing that Sathya Sai Baba draws upon all of these in legitimating his claim to be "the avatar". I also show that his divine persona draws upon a strong affinity that he exhibits for advaita ("non-dualism"), especially that of Śaṅkara, and that his personal history of intense devotional and ecstatic/yogic spiritual practices was likely important in the formative stages of this persona. I further suggest that the history of his geographic locale, in which there are strong themes of sacred kingship and ecstatic/advaitic/poetic/devotional sainthood, may have contributed to the production and reception of his persona. On top of this, I note that the influence of a number of modern avatar figures, especially Ramakrishna, Vivekananda, and Aurobindo, is patent in his avatar teachings, and I compare and contrast him with a number of other significant modern figures. Based upon all of this, I consider the question of whether Sathya Sai Baba ought to be regarded as a "traditionalist", both vis-à-vis modernity ("Neo-Hinduism", as defined especially by Paul Hacker) and "innovation". I conclude that, in contrast to most previous scholarly characterizations, he is certainly innovative, but that he ought not to be considered a "Neo-Hindu"-most appearances to the contrary being due to his borrowing or extrapolating ideas in a very traditional manner from typical Neo-Hindu thinkers (especially Vivekananda), as if these ideas, and those that framed them, were thoroughly traditional. Finally, I outline a couple of major themes in his avatar teachings: an ambivalent attitude to his role as an exemplar, which I note to accord with earlier and parallel avatar ideas; and strong docetic tendencies, which similarly, in contrast to some scholarly characterizations, find parallels in popular portrayals of other avatar figures.

Text in Afrikaans / Parralel met die snelle groei van rekenaartegnologie en die groteiwordende rol wat rekenaars in ans alledaagse lewe speel, is daar ongelukkig 'n toename in die misbruik van rekenaars. Benewens die wyses om rekenaarmisbruik by wyse van remedies in die siviele reg aan te spreek, is dit hoofsaaklik die taak van die strafreg om sodanige misbruik te kriminaliseer en deur middel van straf sulke misbruik te voorkom en oortreders af te skrik. Uit 'n ontleding van die Suid-Afrikaanse strafreg het dit geblyk dat bestaande misdrywe, beide gemeenregtelik en statuter, nie voldoende rekenaarmisbruik kan kriminaliseer en aanspreek nie. Wetgewing blyk die mees gepaste optossing te wees. Uit 'n regsvergelykende studie van die hantering van rekenaarmisbruik in jurisdiksies waar die wetgewer verskillende benaderings toegepas het, het dit geblyk dat die mees gepaste wyse om rekenaarmisbruik te kriminaliseer sal wees om ongemagtigde rekenaarbetreding as moedermisdaad te bestraf aangesien dit die fondament is waarop enige verdere misbruik van 'n rekenaar gebaseer word. Daarbenewens moet verdere meer spesifieke misbruikshandelinge wyd omskryfword as misdrywe, ten opsigte van meer emstige misbruik na betreding van 'n rekenaar / Parallel with the growth in computer technology and increasing use of computers, there has been an increase in computer misuse. In addition to addressing different methods of computer misuse in terms of civil law remedies, it is mainly the task of the criminal law to criminalise such misuse, prevent computer misuse and deter offenders by means of punishment. It was clear from a study of South African criminal law that existing offences, both statutory and in terms of the common law, do not criminalise and address computer misuse effectively. It therefore seems that legislation would be the most appropriate solution. It appeared from a comparative study of jurisdictions where legislators approach computer misuse differently, that the most effective way of criminalising computer misuse would be to criminalise una1,1thorised computer accessing as basic offence. In addition thereto more specific further acts of serious computer misuse, defined broadly, should be criminalised / Criminal and Procedural Law / LL.M. (Criminal & Procedural Law)