问题 单项选择题

甲公司拥有某项独家技术每年为公司带来100万元利润,故对该技术严加保密。乙公司经理丙为获得该技术,带人将甲公司技术员丁在其回家路上强行拦截并推入丙的汽车,对丁说如果他提供该技术资料就给他2万元,如果不提供就将他嫖娼之事公之于众。丁同意配合。次日丁向丙提供了该技术资料,并获得2万元报酬。丙的行为构成:()

A.强迫交易罪

B.敲诈勒索罪

C.绑架罪

D.侵犯商业秘密罪

答案

参考答案:D

解析:

本案中,丙的行为目的就在于非法获取他人的独家技术,该独家技术应当属于商业秘密的范畴。

根据《刑法》219条的规定,以盗窃、利诱、胁迫或者其他不正当手段获取权利人的商业秘密,给商业秘密的权利人造成重大损失的行为,构成侵犯商业秘密罪。

丙的行为虽然貌似敲诈勒索罪,但并不构成该罪,因为敲诈勒索罪必须存在勒索财物的行为,而本案所勒索的是他人严加保护的独家技术资料等。至于绑架罪,也较容易排除,因为本案中没有具体人质的问题,也没有向第三方发出要挟。

问答题

At a recent Internet culture conference at the MIT in Cambridge, a local ice-cream shop offered to make a custom flavor for the event. After some discussion, the organizers decided that it should be vanilla ice cream mixed with Nerds candies, "because the Internet is primarily white and nerdy," explains Chris Csikszentmihalyi, who directs the MIT Center for Future Civic Media. While a joke, the ice-cream flavor was also a serious commentary on the digital divide that has grown between those who created the Internet--mostly affluent, white, male programmers--and the billions of people with whom they share little in common.
There’s a push among development specialists to provide more people with Internet connections and the assumption that these new Web citizens can then reap the same benefits as communities who’ve long been online. This may not be the case, however. While few people dispute the value of getting the world online, many Internet experts say that current Web content has little relevance and thus little appeal to those whose lifestyle is worlds away from programmers in the United States and Europe. If the majority of the world is to use the Web for more than just a few basic functions, Internet developers must address this gap.
Even in the US, this has proved to be a problem. A new study at Northwestern University found that, among Americans, those from privileged backgrounds tend to have much higher skill levels and use the Web for more activities than those from less affluent families with equal Internet access. "Just because people gain access doesn’t mean that now they know how to use the Internet," says the author Eszter Hargittai, "Even if we put a lot of effort into connecting more people [the concern is that] even once people obtain access, we will continue to observe considerable variation in their skills and online behavior. "
For those outside the US, crossing the digital divide may seem even more daunting. In the Middle East, since 2000, Internet use has grown faster than anywhere else in the world. Although there are more Arabs online every day and their language is the world’s fifth most widely spoken, less than 1 percent of Web content is in Arabic. Within the region, Jordan has been one of the most active countries bridging the digital divide. Here the information technology (IT) sector enjoys p support from King Abdullah II and makes up 12 percent of the nation’s GDP. According to StartupArabia, a website dedicated to tracking Arab tech companies, only the United Arab Emirates has surpassed Jordan in the number of start-ups.
"Jordan doesn’t have resources. We don’t have oil; we don’t have any major mineral resources; the only thing we have is education," says Khamis Omar, dean of the IT department at the Princess Sumaya University for Technology in Amman. Despite these successes, Jordan is still on the far side of the perceived chasm. Only 54 percent of Jordanian homes have a personal computer and about 30 percent of people use the Internet. Of those who don’t have computers, about half said they couldn’t afford them while 40 percent said they didn’t need them.
In some regards, it may take decades for the Internet, like other technological revolutions, to take firm root outside its place of origin, says Steven Low, a computer science professor at the California Institute of Technology in Pasadena. "It takes time not only for the technology to mature, but also for [a different] society to learn how to use it and then adapt how you live or how you work to make the most use of it," he says. "That process has been going on in the developed world for the last several decades in terms of IT … but it’s only starting for the developing world. " In the meantime, Robert Fadel of the nonprofit One Laptop Per Child says one of the most important things is to continue making technology available to more people so they can find ways to make it applicable to their lives. In the past two years, OLPC has helped distribute 1.5 million laptops to children in 35 countries.
"Children with the support of their community and their parents and teachers, will find it all out, they will discover it. We can help them out by giving them the freedom and the access to use such tools," says Mr. Fadel. He adds that worrying that people might not get the full benefit of the Internet because they don’t know how to use it, is like worrying that people may not benefit from a library if no one explains how to use it.
Still, Mr. Hargittai says that, for real Internet equality, it will likely take more than simply putting the tools in people’s hands. Organizations working to bridge the divide must "devote resources to offering support, and potentially having a center where people can go for support, offering informal classes or instruction for the community," she says. She adds that any classes would need to effectively target the necessary audience, as many people may not know how much more they have to learn.

1.What is the digital divide discussed in the passage What does such a social gap tell us

单项选择题