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Zielsetzung der vorliegenden Arbeit war es, die Dogmatik der Zahlungsverbote endgültig herauszuarbeiten.
Spätestens seit Inkrafttreten des § 15b InsO durch das SanInsFOG kann nicht mehr geleugnet werden, dass es sich bei der Haftung für einen Verstoß gegen das Zahlungsverbot im Rahmen der Insolvenzverschleppungshaftung um eine schadensrechtliche Anspruchsgrundlage handeln muss.
The collection of personal information by organizations has become increasingly essential for social interactions. Nevertheless, according to the GDPR (General Data Protection Regulation), the organizations have to protect collected data. Access Control (AC) mechanisms are traditionally used to secure information systems against unauthorized access to sensitive data. The increased availability of personal sensor data, thanks to IoT-oriented applications, motivates new services to offer insights about individuals. Consequently, data mining algorithms have been proposed to infer personal insights from collected sensor data. Although they can be used for genuine purposes, attackers can leverage those outcomes, combining them with other type of data, and further breaching individuals’ privacy. Thus, bypassing AC mechanisms thanks to such insights is a concrete problem.
We propose an inference detection system based on the analysis of queries issued on a sensor database. The knowledge obtained through these queries, and the inference channels corresponding to the use of data mining algorithms on sensor data to infer individual information, are described using Raw sensor data based Inference ChannEl Model (RICE-M). The detection is carried out by RICE-M based inference detection System (RICE-Sy). RICE-Sy considers at the time of the query, the knowledge that a user obtains via a new query and has obtained via his query history, and determines whether this is sufficient to allow that user to operate a channel. Thus, privacy protection systems can take advantage of the inferences detected by RICE-Sy, taking into account individuals’ information obtained by the attackers via a database of sensors, to further protect these individuals.
In summary, this cumulative dissertation investigates the application of the conjugate gradient method CG for the optimization of artificial neural networks (NNs) and compares this method with common first-order optimization methods, especially the stochastic gradient descent (SGD).
The presented research results show that CG can effectively optimize both small and very large networks. However, the default machine precision of 32 bits can lead to problems. The best results are only achieved in 64-bits computations. The research also emphasizes the importance of the initialization of the NNs’ trainable parameters and shows that an initialization using singular value decomposition (SVD) leads to drastically lower error values. Surprisingly, shallow but wide NNs, both in Transformer and CNN architectures, often perform better than their deeper counterparts. Overall, the research results recommend a re-evaluation of the previous preference for extremely deep NNs and emphasize the potential of CG as an optimization method.
Technological advancements and new legal requirements are continuously changing the online data disclosure landscape in terms of both, the quantity and quality of data that firms can acquire. Nowadays, consumers are required to disclose personal data online multiple times a day and in a variety of different contexts, such as creating user profiles, online payment or using location-based services. Despite consumers’ increasing online privacy concerns, firms rely ever more strongly on consumer data that they convert into a competitive advantage through personalized product recommendations and targeted advertising. In an effort to encourage consumer data disclosure, many firms have focused on building trust as a way to counterbalance privacy concerns and mitigate risk perceptions. Correspondingly, marketing literature has continued to examine the interplay of trust and consumer privacy concerns. While the extant research has considerably advanced our understanding of the role of trust in privacy-related decision-making, the majority of studies has mainly focused on single-stage, dyadic disclosure settings and cognitive decision-making processes.
Against this background, the overarching goal of this thesis is to shed light on under-researched data disclosure contexts involving trust and to explore additional facets of the underlying decision-making processes. For example, considering pre- and post-disclosure stages when evaluating consumers’ data disclosure decisions allows for a more holistic picture of the decision-making process. Similarly, social media and sharing economy settings challenge the traditional assumption of purely dyadic consumer-firm data disclosure, thus extending traditional conceptualizations of trust. Across three independent essays, this thesis addresses the overarching research question of how the peculiarities of multi-stage and multi-actor settings shape consumers’ trust-based decision-making strategies.
My dissertation examines literary mythologies of privacy in the authoritarian Russia of 1953–1985. This era was marked by an expansion of “non-state spheres,” or areas of life of which the Communist state increasingly released its control after Joseph Stalin’s death in 1953. Political elites, architects, and designers, as well as ordinary citizens co-constructed and explored the rising spheres through the languages of their respective fields—by producing regulations and laws, designing and erecting new types of buildings, developing new and modernizing already familiar everyday objects as well as devising new ways of integrating these objects into private and public spaces. Alongside these voices, transformations in the cultural sphere in general, and literature in particular, were most vocal. The late Soviet era witnessed the dissolution of the ossified ideology of socialist realism that focused on the glorification of the “new Soviet man” and had held culture in its tight grips since the 1930s. Starting from the 1950s, writers increasingly focused on portraying areas of life that lay beyond one’s public commitments and experimented with new meanings, codes, and forms to give shape to novel spheres of experience of the “late Soviet man” that can be subsumed under the concept of the “private sphere.”
The analytical framework of my dissertation is built around the journey to understand the mechanisms and architecture that powered the imagination of models of distancing oneself from the state and the society at large—scenarios of privacy, as we may call them today. I examine Russian prose and drama of the 1950s–1980s as a laboratory for the ideas of privacy, which was increasingly sought in the society disillusioned by the Communist doctrine and thus progressively alienating from active participation in the public sphere. I analyze the meanings that writers incorporated into new and old forms of domesticity—private flats that became progressively widespread throughout the 1950s–1980s, rooms in communal apartments, individual houses—to determine the spectrum of concepts that nurtured the idea of privacy in the late Soviet literary imagination. I also examine representations of reciprocal paradigms of relations between subjects from which the state and society at large were increasingly excluded. In the examples that I analyze, forms of private withdrawals variate from establishing control over liminal spaces or escaping into the world of feelings and emotions and building a connection to a person or space (significant for the characters for private rather than public reasons) to experimenting with language and pursuing one’s idiolect despite the ubiquitous “officialese,” as well as living in temporalities asynchronous with the public time.
Beyond revealing the visions of different, non-state existences in the late Soviet era, my text also advocates examining the role of official literature as a platform for subversion and change that was no less important in an authoritarian state than dissident literature. I see officially published texts as a cultural subaltern who defies the state of affairs and slowly but firmly turns the “state sphere” into a public one by pushing its own agenda through publications that test and gain ground for bolder visions of Soviet life that are not predicated on the commitment to the public sphere. With individual mechanisms of power assertion employed by the state or literature in the late Soviet era well-researched, the framework is still missing that would capture the shifts of borders between the private and public spheres under the influence of these actors. In devising such framework, I build upon sociological theories of disattendability and civil inattention that Erving Goffman conceived to describe conventions of individual behavior and social interaction in public. Extending these theories toward the studies of literary politics, I argue that by envisioning scenarios of a private retreat and bringing them into officially published editions, literature normalized privacy as a late Soviet imaginary and, therefore, continuously heightened its own disattendability, thereby expanding the borders of the private sphere. On the side of the state, the border was defined by the triggers of disturbance of civil inattention: privacy was conceded in return for disattendability. Under such conditions, literature became a bizarre “private kitchen” that performed private and public functions simultaneously—similar to the kitchens in newly-built individual apartments that were popular loci of socialization in the late Soviet era. It turned into a place where one can escape—it became one of the “niches of privacy” where it was possible to discuss and negotiate the world, in which the society lived or to which it should strive. At the same time, it assumed the role of a surrogate for the public sphere within the “state” sphere by pushing its own agenda through the publication of literary texts that sought to imagine a person rather than a cog in the Communist machine and thus transformed socialist realism into a literary current “with a human face.”
In my research, privacy, literature, and politics are bound together to reveal a vibrant spectacle of the continuous interaction between the state, cultural elites, and the citizens, in which thresholds are erected and crossed incessantly. Fictional private sites were battlefields for the production and contestation of ideologies, and the exposure of these literary wars to the public eye played a fundamental role in shifting the borders between the private and the public spheres in an authoritarian late Soviet Russia. The patterns of relations between the state and culture that I uncover in my dissertation resonate in neo-authoritarian twenty-first-century Russia, making privacy an important lens for our insight into the role of culture in rising authoritarian and failing democratic systems across the globe.