Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 120
Legal Regulation of Artificial Intelligence: Experience of China
Статья
Objective: to trace the development trajectory of legal regulation in the field of artificial intelligence in the People’s Republic of China by revealing the advantages and disadvantages of China’s approach to artificial intelligence regulation and to outline the prospects of national regulation for the nearest future, taking into account the world experience. Methods: general scientific methods of analysis and synthesis, classification, systemic and functional approaches. Also, the formal-legal, comparative-legal, and historical-legal methods were used. Results: the research demonstrates the validity of Chinese claims for world leadership in the creation of legal regulation of artificial intelligence, as it is in China that the first normative legal acts were adopted. These acts have already entered into force; however, each of them deals with a narrow range of issues, while there is no law to establish general rules for the artificial intelligence industry. Among the characteristic features of the Chinese approach we can name, first of all, its iterative nature, which allows adjusting the regulation with each new step. Another feature is the sectoral nature of the regulation. Scientific novelty: in the course of the research, the development stages of artificial intelligence legal regulation in China were identified and described; the advantages and disadvantages of the Chinese approach to regulation were identified and argued; this approach was compared with the approaches of China’s main rivals competing with it in terms of the technology development and its legal regulation. All of the above allowed making conclusions about the subsequent development of legal regulation in China and in the whole world. Practical significance: familiarization with the research materials enables interested legal scholars, and not only them, to get a clear idea of the level of artificial intelligence regulation, achieved by China. China’s experience is of significant interest to the rest of the world, showing the correctness or faults of possible regulatory options in the new and complex field. The study results can be used in the practice of legal regulation in the sphere of artificial intelligence, as well as in preparing lectures in the relevant courses and writing tutorials for law students.
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Legal Regulation of Relations in the Sphere of Crowdfunding in the Republic of Belarus
Статья научная
Objective: to study the theoretical and legal bases of crowdfunding and to elaborate scientifically grounded proposals for improving the Republic of Belarus legislation in this sphere. Methods: the methodological basis of the research is a system of principles, methods and techniques of studying the general regularities of emergence, formation and development of social-legal phenomena. In the research, general and specific methods of scientific cognition were used: analysis, synthesis, comparative-legal, logical, systemic, formal-legal, dialectic and other methods. Results: the history of emergence and formation of crowdfunding was analyzed. The social-economic and technical-technological factors were revealed, which facilitate the popularization of crowdfunding among the Internet users. The origins of the “crowdfunding” notion were discussed, as well as its filling with a definite meaning. The types of crowdfunding were listed, depending on the goal of investment on the part of investors. The main subject composition of legal relations in crowdfunding was established, which consists of the following persons: funding seeker; funder; operator of online-funding service. The overall algorithm of legal relations between the main subjects of crowdfunding was described. The positive and negative aspects of crowdfunding were characterized. An overall analysis of foreign legislation in the crowdfunding legal regulation was performed. Based on the analysis, the general trends of legislation development were presented. The program and normative legal acts on developing crowdfunding in the Republic of Belarus were reviewed. The probable contract models of the parties’ legal relations registering were named. The technical and legal requirements to the functional of an online-funding service were determined. The minimal necessary set of measures was proposed, which may prevent risks and threats associated with procurement and extension of funds through online-funding services. Based on the operator functions, specific requirements to the rules of online-funding service were determined. Scientific novelty: the author comprehensively studied the notion, legal nature and features of legal regulation of crowdfunding. The factors were revealed, which influence the formation of the legal norms regulating the procurement and extension of funds through online-funding services. The author elaborated proposals for improving the Republic of Belarus legislation in the sphere of social relations under study. Practical significance: the research results are significant for developing the studies in the sphere of civil, economic, and informational law. The obtained results may be used in teaching a course in civil, economic, and informational law, as well as be applied by law subjects when elaborating and introducing the respective drafts of laws and be an object of further scientific research on the issue.
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Medical Nanorobots in the Focus of Law
Статья научная
Objective: to form doctrinal bases and mechanics of legal regulation of using medical nanorobots; to conceptualize the idea of nanorobotics law within the frameworks of its basic definitions, safety norms, risks, typology of devices, and legal parameters of technological terminology. Methods: the cognition tools are represented in the form of integration between general scientific and modern special legal methods (including the methods of comparative legal studies, legal modeling and juridical forecasting, NBICS-convergence), which, taken as a whole, allow distinguishing in the study object not only juridical proper, but also anthropological, biomedical, informational, and mechanistic research projections. Results: the author’s definition of the medical nanorobot concept was formulated; the legal content and quasi-legal aspects of the definition that are important for the theoretical and applied development of terminology were investigated; the signs of related concepts (biomedical robot, nanorobotic system, medical nanorobotic system) were identified and logical connections between them were established; the classification of the main types of risks associated with the practical use of medical nanorobots was carried out; the list of theoretical and legal contradictions that are potentially capable of negatively affecting the future development of regulatory practice was revealed; the Russian and foreign experience of legal regulation and doctrinal understanding of the problems of medical nanorobotics (by the examples of the USA, Japan, Europe, China) was considered. Scientific novelty: under the lack of interdisciplinary research, an attempt was made to comprehensively consider the concept of a medical nanorobot in a technological, legal and communicative way (“human robot” on a nanoscale) based on the advanced scientific research that defines the foundations of the future nanorobotic law. It is recommended to supplement the synergetic development of biomedical and related technologies, reflected in the models of robot law and robot ethics, with relatively independent concepts of nanorobot law and nanorobot ethics. Practical significance: based on the analysis of the legal regulation system in force in Russia and abroad, mechanisms for improving domestic legislation were identified, including taking into account the achievements of juridical crowdsourcing. Within the framework of socio-humanitarian issues, a contribution to the development of legal, sociological, and psychological science is formed. A scientific and methodological basis was prepared for further legal research and law-making activities in the field of medical nanorobotics.
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Personal Data in Artificial Intelligence Systems: Natural Language Processing Technology
Статья
Objective: to conceptualize, from the viewpoint of personal data protection legislation, the development of natural language processing technology, identifying possible legal barriers to such development and directions for further research of the issue. Methods: the research is based on general scientific methods of cognition, along with which formal-legal and comparative-legal methods were applied, as well as the method of theoretical modeling. Results: it was found that the observance of personal data regime in the development of natural language processing technology leads to a conflict between private-legal and public-legal interests, which, in turn, creates obstacles for further development of this technology. The shortcomings of the existing legal order are shown, namely, the insufficient correspondence to the technical features of technology development. This may lead to the risks of excessive regulation, or, on the contrary, to the risks of neglecting critical areas that require protection. Problems in qualifying the data involved in the technology development are outlined. An attempt is made to define the limits of ensuring the lawfulness of personal data processing within the natural language processing technology. The material, temporal and territorial effect of the legal regulation in this field is identified as the limits of ensuring the legality. The author touches upon the possibility of using personal data as a consideration, which is important for the development of natural language processing technology and for the improvement of the information and communication technology industry. Scientific novelty: the paper supplements the scientific discussion on the legal regulation of personal data processing by artificial intelligence systems with an analysis of natural language processing technology. The latter is insufficiently studied, making it relevant to research information law, namely, the legal relations arising around artificial intelligence systems, and to assess the impact of a personal data regime on the development of natural language processing technology. Practical relevance: the applied aspects of the problems researched and the results obtained can be used to improve the legal regulation of public relations in the field of creation and development of artificial intelligence, as well as to identify and assess the legal risks arising in the personal data processing by developers of digital products based on natural language processing technology.
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Статья научная
Objective: to research the problem of determining the subject of a legally relevant act effected with participation of artificial intelligence, as well as distribution of responsibility for the consequences of its performance. Methods: to illustrate the problematic and practical significance of the issue of legal personality of artificial intelligence, we chose automated procurements for public and corporate needs; the methodological basis of the research is the set of methods of scientific cognition, including comparison, retrospective analysis, analogy, and synthesis. Results: by the example of the sector of competitive procurements for public and corporate needs, the evolution of automation of economic relations up to artificial intelligence introduction was analyzed. Successfully tested reactions to the challenges of stage-by-stage introduction of digital technologies into economic relations were demonstrated, as well as the respective modifications of legal regulation. Based on the current level of technological development, the prospective questions are formulated, associated with the legal regulation of economic relations implemented with the use of artificial intelligence, first of all, the question of defining the subject of a deal effected with participation of artificial intelligence. As an invitation for discussion after analysis of jurists’ conclusions about the probable variants of the legal status of artificial intelligence, the author proposes variants of answers to the question of its legal personality when effecting a deal. To solve the issue of responsibility for the decisions resulting from the implementation of algorithms of a software and hardware package, we propose several models of distributing such responsibility among its creator, owner, and other persons, whose actions might influence the results of such an algorithm functioning. The proposed conclusions may be used to develop normative regulation both as a set and individually. Scientific novelty: based on the analysis of evolution of the practices of using digital technologies in procurement, the work formulates potential legal problems, determined by the constant automation of economic relations, and proposes legal constructs to solve such problems. Practical significance: the conclusions and proposals of this work are of prospective significance for conceptual comprehension and normative regulation of electronic procurement tools both at corporate and national level.
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Статья научная
Objective: to formulate the bases for quantum law as the law of the future, based on the study of quantum phenomena and features of quantum technologies determining the risks and challenges associated with the emergence of these technologies, as well as the analysis of legal regulation of quantum technologies in the Russian Federation and abroad. Methods: to carry out this research, the authors applied a complex of general scientific methods of systemic analysis and specific methods of engineering and legal sciences. The use of comparative-legal method allowed revealing the main directions of developing legal regulation of quantum technologies in the Russian and foreign law orders based on the analysis of their international and national regulation. The method of legal modeling allowed forming a concept of quantum law, revealing the main vectors of its development and the complex of its ethical-legal principles. Results: the features and properties of quantum technologies were revealed which can change the development of law with the advent of these technologies; the main risks and challenges were identified which are associated with the development of quantum technologies; the features of quantum technologies regulation in some foreign countries were specified; the trends of developing the quantum technologies regulation in the Russian Federation were identified; the conceptual bases of quantum law were formulated, as well as the vectors of its development. Scientific novelty: for the first time in the legal science, a complex analysis of the current national (both Russian and foreign) regulation of quantum technologies was carried out, based on which an attempt was made to substantiate the need to form quantum law and to outline the main vectors of its development. Practical significance: the research results lay the foundation for forming the concept of quantum law; in this regard, the authors’ conclusions and proposals for improving the current regulation of quantum technologies can be used in law-making and law enforcement in this sphere, and may lay the bases for further research in the sphere of quantum technologies.
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Статья научная
Objective: the spread and wide application of Artificial Intelligence raises ethical questions in addition to data protection measures. That is why the aim of this paper is to examine ethical aspects of Artificial Intelligence and give recommendations for its use in labor law. Methods: research based on the methods of comparative and empirical analysis. Comparative analysis allowed to examine provisions of the modern labor law in the context of use of Artificial Intelligence. Empirical analysis made it possible to highlight the ethical issues related to Artificial Intelligence in the world of work by examining the disputable cases of the use of Artificial Intelligence in different areas, such as healthcare, education, transport, etc. Results: the private law aspects of the ethical issues of Artificial Intelligence were examined in the context of ethical and labor law issues that affect the selection process with Artificial Intelligence and the treatment of employees as a set of data from the employers’ side. Author outlined the general aspects of ethics and issues of digital ethics. Author described individual international recommendations related to the ethics of Artificial Intelligence. Scientific novelty:this research focused on the examination of ethical issues of the use of Artificial Intelligence in the specific field of private law – labor law. Authors gave recommendations on ethical aspects of use of Artificial Intelligence in this specific field. Practical significance: research contributes to the limited literature on the topic. The results of the research could be used in lawmaking process and also as a basis for future research.
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Regulating Smart Robots and Artificial Intelligence in the European Union
Статья научная
Objective: In recent years, the need for regulation of robots and Artificial Intelligence has become apparent in Europe. European Union needs a standardized regulation that will ensure a high level of security in robotics systems to prevent potential breaches. Therefore a new regulation should make clear that it is the responsibility of producers to identify the blind spots in these systems, exposing their flaws, or, when a vulnerability is discovered in a later stage, to update the system even if that model is not on the market anymore. This article aims at suggesting some possible revisions of the existing legal provisions in the EU. Methods: The author employed the Kestemont legal methodology, analyzing legal text, comparing them, and connecting them with technical elements regarding smart robots, resulting in the highlighting of the critical provisions to be updated. Results: This article suggests some revisions to the existing regulatory proposals: according to the author, although the AI Act and the Cyber-resilience Act represent a first step towards this direction, their general principles are not sufficiently detailed to guide programmers on how to implement them in practice, and policymakers should carefully assess in what cases lifelong learning models should be allowed to the market. The author suggests that the current proposal regarding mandatory updates should be expanded, as five years are a short time frame that would not cover the risks associated with long-lasting products, such as vehicles. Scientific novelty: The author has examined the existing regulatory framework regarding AI systems and devices with digital elements, highlighted the risks of the current legal framework, and suggested possible amendments to the existing regulatory proposals. Practical significance: The article can be employed to update the existing proposals for the AI Act and the Cyber-resilience Act.
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Remote Methods of Conducting Transactions Using Digital Technologies
Статья
Objective: to substantiate the need to identify new contractual constructs (models) taking into account the specific relations associated with the use of remote method of contract conclusion through digital technologies and to study the possible risks for their participants. Methods: along with special legal methods, the method of critical analysis was fundamental for the research process, which allowed us to evaluate and interpret the main sources and norms of civil law in relation to distant transactions. It also allowed assessing the current state of legislation in this area in the context of developing processes of digitalization and technologization of civil-law relations. Results: a critical analysis of the current state of legal regulation of remote ways of concluding contracts is presented, their classification is given. It is concluded that the digital technologies development gives rise to new remote ways of transactions, as well as fills with new content the procedures of contract conclusion, traditional for civil law. The expediency of singling out the concept of a “distant transaction” as a legal category in order to create a special civil-law regime is substantiated, and the basic concept being that of a “distant contract”. Certain types of distant contracts are analyzed to substantiate the need for special legal regimes in cases when the distant method of contract conclusion is combined with the use of digital technologies. It poses such problems as the distribution of risks of technological failures, hacker attacks, compliance with the balance of interests of the parties taking into account information asymmetry, and the need to protect the weaker party. Scientific novelty: an attempt is made to define such concepts as a “distant contract” and a “distant transaction” and to identify their features. The expediency is substantiated of considering a distant contract as a separate legal construction (model) of the contract. Within this framework, a special legal regime should be developed and fixed, which can be extended to unilateral distant transactions. The problems of legal regulation caused by the use of information technologies are formulated, and legal constructions for their solution are proposed. Practical significance: the final conclusions and proposals can be used both in contractual practice by the participants of civil turnover and for the normative consolidation of the concept and features of “distant contract”, “distant transaction”. A special legal regime can be created, taking into account the specificity generated by the use of digital technologies.
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Research of Innovation and Digital Transformation in Justice: A Systematic Review
Статья
Objective: To develop a mapping of studies on innovation and digital transformation in the justice sector, publishes from 2001 to 2022. Five research questions were defined: 1) How to define innovation and digital transformation introduced in the justice sector? 2) What types of innovations and digital transformations are implemented in the justice sector? 3) What are the objectives of introducing innovation and digital transformation in the justice sector? 4) What are the antecedents that influence the process of innovation and digital transformation in the justice sector? 5) What are the results of the innovation and digital transformation process in the justice sector? Methods: The systematic review of sources (scientific articles, conference proceedings, monographs and institutional documents) presented in this paper was conducted in accordance with the PRISMA (Preferred Reporting Items for Systematic Reviews and Meta-Analyses) protocol. Selected by “research field”, “topic”, “research design”, “year of publication” and the keywords “public administration”, “public sector”, “e-justice”, “digital transformation”, and “innovation”, the sources were analyzed and evaluated according to five main aspects: (1) definition of innovation; (2) types of innovation; (3) objectives of innovation; (4) antecedents of innovation; and (5) results of innovation. Results: The heuristic model for studying innovation in the public sector developed by Vries et al. (2015) was adapted and applied to the research field of justice. The adaptation of the heuristic model allowed forming the following areas of analysis: contextual antecedents in justice; institutional antecedents in justice; characteristics of innovation and digital transformation in justice; individual antecedents in justice; types of innovation and digital transformation in justice; results of the process of innovation and digital transformation in justice. Scientific novelty: a comprehensive review of the literature in the field of innovation and digital transformation in justice is presented by adapting the approach to conducting systematic studies of the literature in the social sciences. It helped to identify gaps and define directions for further research in the given field, including the activation of comparative legal research, expansion of the methodological base, reliance on the theories of public administration, etc. Practical significance: the obtained results allow forming a heuristic map of innovation and digital transformation in justice, create antecedents (contextual, institutional and individual) and the basis for future empirical research in the field of justice, analysis, evaluation and improvement of public policy in the field of innovation and digital transformation in this area.
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Risks and Prospects of Creativity Tokenization
Статья
Objective: tokenization of creativity, alongside with cryptoeconomy and Web3 network infrastructure, is a notable trend in the development of modern society in the third decade of the 21st century. The objective of this article is to explore the risks and prospects emerging in the process of disposition of the creative labor results in the form of non-fungible tokens. Methods: the research methodology is based on analysis of varied viewpoints on the problem, including diametrically opposing concepts. The opposing views of the observers manifest their attitude to tokenization of creative products as a speculative scheme, on the one hand, and a promising tool of creative industries development, on the other. Results: the probable negative consequences of tokenization of intellectual activity results are identified; author’s recommendations on managing these risks are given. Another result of this publication is analysis of economic-legal prospects stemming from tokenization of the objects of copyright and neighboring rights by the example of musical pieces. Scientific novelty: it consists in presenting and substantiating a hypothesis that the relations formed in the musical industry under the modern sociocultural and technological realities will be reproduced in other creative industries. Also, scientific novelty consists in the analysis of prospects of tokenization of such results of intellectual activity as gaming artifacts, works of traditional and digital visual arts, patents and scientific achievements. The use of non-fungible tokens the ecosystem of network computer games will allow gamers to buy and sell rights to game pieces autonomously from game publishers. Tokenization of industrial property objects and individualization means will ensure protection of intellectual rights of their authors while waiting for the issuance of a state protection document. In the modern society, there will be many of those wishing to become an owner of a token for a scientific work, as the popularity of science and innovations is constantly growing in developed countries. Ownership of a token for a scientific work will be regarded a moral investment, increasing the prestige and status of its owner. Tokens for scientific works have a high potential as a means of measuring value in a post-economic society. Practical significance: it consists in the description of innovative means of using creative products and business models based on tokenization of the results of intellectual activity, ready to be implemented in practice.
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Smart Contracts and International Trade: European Legal Strategies for Managing Challenges
Статья
Objective: The automation inherent in smart contracts makes them an attractive tool for global trade applications, especially for the automation of transactions. The prospects foreseeable will significantly impact international economic relations and the transformation of international trade rules. This fact determines the study objective – to identify the possibilities of transforming the said rules and the political and legal strategies adopted by European countries to implement smart contracts in international trade. Methods: the study, devoted to the current international trade regulation in the context of contracts digitalization and spread of smart contracts, uses a combination of formal-legal and comparative-legal methods. They allow researching the international trade rules, analyzing and comparing the UK and the EU political and legal positions on the smart contracts introduction in international trade, as well as predicting the legal consequences of using smart contracts in international trade. Results: the research shows that the proliferation of smart contracts has significant implications for international trade and its regulation. Smart contracts have numerous advantages, such as increased efficiency, reduced costs, and wide availability. However, they may lead to legal challenges when harmonizing traditional legal principles with the digital environment, in particular concerning the authentication of subjects, enforceability under specific circumstances of a case, and jurisdictional issues. Scientific novelty: the current literature on the transformation of international trade regulation in the context of digitalization processes and the spread of smart contracts is complemented by the results of a comparative analysis of the legal positions existing in the European legal space and developed on the basis of problems, lessons and achievements in the smart contracts implementation in international trade. Practical significance: understanding the legal implications of smart contracts is important for businesses involved in international trade. The study provides insights into the UK and the EU legal positions from which guidance can be provided to companies navigating the digital landscape. Policymakers can also benefit from the findings when developing appropriate legal acts to balance the benefits of smart contracts with the need for legal certainty and protection in international trade.
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Sovereignty vs. Digital Sovereignty
Статья научная
Objective: the aim of this paper is to analyze the relationship between sovereignty and digital sovereignty in order to determine whether they are linked or autonomous concepts and in which cases and to what extent there is or is not a connection between the two categories. Methods: the methodology is based on the analysis of international, European and national practice and scientific discourse, taking into account sovereignty and digital sovereignty from a threefold perspective: contextual, conceptual and functional. Results: 1) analysis of the correlation between sovereignty and digital sovereignty showed that both are related concepts; 2) important consequences that digital sovereignty has in the case of States and the European Union are defined: a) there is a substantial difference between sovereignty and digital sovereignty because the former is only applied to States, while the latter is also used in reference to the EU; b) digital sovereignty is not necessarily a consequence or an extension of sovereignty; c) while in the case of States, digital sovereignty is justified as a safeguard of traditional sovereignty, in case of European Union its function must necessarily be different, since the European Union lacks sovereignty. Scientific novelty: the analysis of this relationship provides an objective scientific premise for a comprehensive understanding of the idea of digital sovereignty. From the perspective of the context where they operate, as well as their concept and functions, sovereignty and digital sovereignty seem to be autonomous and, in some cases, complementary categories. Practical significance: the dual functionality of digital sovereignty as a concept attached to national sovereignty and as an autonomous concept helps to explain the use of this category in the case of states and in the case of an organization such as the European Union, as well as the differences in its scope and meaning in each scenario.
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Terrorist crimes in the era of digitalization: forms of activity and measures for counteraction
Статья научная
Objective: to elaborate recommendations on counteraction against terrorist crimes committed in the digital (cyber-) space and/or using digital technologies. Methods: the methodological basis of the research are the universal dialectic method of cognition, the integrity of general and specific scientific methods such as analysis, synthesis, logical method, ascent from the abstract to the specific, induction, deduction, etc. Results: it was determined that the development of the digital (cyber-) space and digital technologies promotes the intensity of terrorism and has led to the change of the mechanism of terrorist crimes commitment. A conclusion was made that, to provide the efficiency of measures for counteracting terrorist crimes committed in the digital (cyber-) space and/or using digital technologies, a distinct strategy is necessary, as well as the appropriate regulatory basis. Scientific novelty: the article analyzes such forms of criminal activities of terrorist groups, committed in the digital (cyber-) space and/or using digital technologies, as dissemination of the ideology of violence and propaganda of terrorist activity, recruiting new members and their training, implementing digital technologies for preparation and immediate terrorist activity, and funding. The advantages were revealed of the use of digital space and/or digital technologies when committing terrorist crimes. In the author’s opinion, the change of the mechanism of terrorist crimes commitment associated with the use of digital technologies should be taken into account during criminalization (change of the intensity of penalization) of publicly dangerous deeds. The important areas of state policy in the sphere of counteraction against these crimes are education and enlightenment activity, training of the personnel of law-enforcement agencies, broadening their authorities to ensure a clear and effective control over digital content. Practical significance: is due to the possibility to use the formulated conclusions and proposals for further scientific elaboration of the state criminal policy in the sphere of counteraction against terrorist crimes committed in the digital (cyber-) space and/or using digita technologies.
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The Possibility and Necessity of the Human-Centered AI in Legal Theory and Practice
Статья научная
Objective: the paper aims to define the problems juridical theory and practice face with the progress of AI technologies in everyday life and correlate these problems with the human-centered approach to exploring artificial intelligence (Human-Centered AI). Methods: the research critically analyzes the relevant literature from various disciplines: jurisprudence, sociology, philosophy, and computer sciences. Results: the article articulates the prospects and problems the legal system confronts with the advancement of digital technologies in general and the tools of AI specifically. The identified problems are correlated with the provisions of the human-centered approach to AI. The authors acknowledge the necessity for AI inventors, as well as the owners of companies participating in the race to develop artificial intelligence technologies, to place humans, not machines, into the focus of attention as a primary value. In particular, special effort should be directed towards collecting and analyzing high-quality data for the organization of artificial intelligence tools development, taking into account that nowadays, the tools of AI are as practical as the data on which they are trained are effective. The authors formulate three principles of human-centered AI for the legal sphere: 1) a human as a necessary link in the chain of making and executing legal decisions; 2) the need to regulate artificial intelligence at the international law level; 3) formulating “a taboo” for introducing the artificial intelligence technologies. Scientific novelty: the article manifests one of the first attempts in the Russian-language scientific literature to outline the prospects of developing human-centered AI methodology in jurisprudence. Based on an analysis of special literature, the authors formulate three principles of including artificial intelligence into juridical theory and practice according to the assumptions of a human-centered approach to AI. Practical significance: the principles and arguments the article advances can be helpful in the legal regulation of artificial intelligence technologies and their harmonious inclusion into legal practices.
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Towards Legal Regulations of Generative AI in the Creative Industry
Статья
Objective: this article aims to answer the following questions: 1. Can generative artificial intelligence be a subject of copyright law? 2. What risks the unregulated use of generative artificial intelligence systems can cause? 3. What legal gaps should be filled in to minimize such risks? Methods: comparative legal analysis, sociological method, concrete sociological method, quantitative data analysis, qualitative data analysis, statistical analysis, case study, induction, deduction. Results: the authors identified several risks of the unregulated usage of generative artificial intelligence in the creative industry, among which are: violation of copyright and labor law, violation of consumers rights and the rise of public distrust in government. They suggest that a prompt development of new legal norms can minimize these risks. In conclusion, the article constants that states have already begun to realize that the negative impact of generative artificial intelligence on the creative industry must not be ignored, hence the development of similar legal regulations in states with completely different regimes. Scientific novelty: the article provides a comprehensive study of the impact of generative artificial intelligence on the creative industry from two perspectives: the perspective of law and the perspective of the industry. The empirical basis of it consists of two international surveys and an expert opinion of a representative of the industry. This approach allowed the authors to improve the objectivity of their research and to obtain results that can be used for finding a practical solution for the identified risks. The problem of the ongoing development and popularization of generative artificial intelligence systems goes beyond the question “who is the author?” therefore, it needs to be solved by introduction of other than the already existing mechanisms and regulations – this point of view is supported not only by the results of the surveys but also by the analysis of current lawsuits against developers of generative artificial intelligence systems. Practical significance: the obtained results can be used to fasten the development of universal legal rules, regulations, instruments and standards, the current lack of which poses a threat not only to human rights, but also to several sectors within the creative industry and beyond.
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Use of Artificial Intelligence in the Activities of Religious Associations and Control Over Them
Статья
Objective: to identify gaps and formulate proposals on legal regulation of the use of artificial intelligence in the activities of religious associations and control (supervision) over them. Methods: the study is based on sectoral and risk-oriented approaches, formal-logical and comparative general scientific methods, as well as on the method of legal forecasting. Results: the author noted similarity of ethical principles formulated all over the world in the sphere of artificial intelligence development and application, as well as their general shortcomings, namely, the lacking consideration of the specificity in certain spheres of human life (religious sphere), cultural peculiarities, historical development of a country and people. The shortcomings of principles stipulated by the codes of ethics include their recommendatory nature, which creates a basis for abusing them in certain cases. The author proposes that if control and supervisory authorities caused harm while using artificial intelligence, the relevant public authority should be recognized as liable and obliged to compensate for the harm caused. Scientific novelty: the paper summarizes the practice of religious associations using AI, formulates current and prospective directions of the use of artificial intelligence by religious associations, and makes proposals for the AI use in controlling (supervising) religious associations’ activities. Practical significance: the main conclusions and proposals can be used for the improvement of legislation on religious associations’ activities and control (supervision) over them, as well as for developing legal regulation of the AI use in control and supervision activities. The author identified the possibilities for religious associations using AI to popularize religion, inform about their activities, manage property, analyze sacred texts to improve their understanding and interpretation, as well as for conducting scientific research, systematization and accumulation of information, preservation of cultural heritage, and educational activities. The use of artificial intelligence in controlling the religious associations’ activities can reduce the period of religious organizations’ registration and inspections and optimize the work of control bodies, including by monitoring the religious situation.
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Статья научная
Objective: to acquire new knowledge about the liability for violating the rules of managing technical means of counteracting the threats to information security; to elaborate theoretical recommendations and proposals for improving legislation and law enforcement. Methods: the methodological basis of the research is a set of scientific cognition methods, including abstract-logic, dogmatic, comparison, etc. Results: based on studying documents and publications, the following conclusions were made: 1) the measures taken at the national level for regulating the relations associated with introduction of technical means of counteracting the threats generally comply with the provisions of the Doctrine on information security of the Russian Federation; 2) one of the main directions of development of the foreign legislation on telecommunications is building a system of public-private interaction, in which communication operators would perceive the information security problem not as their internal task but as an element of the overall security of the state. In this regard, one may clearly trace the statement of the need to efficiently control the activities of communication operators, first of all, in the sphere of the newly introduced standards providing cyber resilience; 3) regulation of relations in the sphere of managing the technical means of counteracting threats in Russia is characterized by their multiplicity, multi-leveledness, hence, rather predictable complexity; 4) the model of communication operators’ liability for violations in the field of exploitation of technical means of counteracting threats, implemented in Article 274.2 Of the Russian Criminal Code, is not optimal. Rather disputable is the approach to describing the administratively prejudicial elements of crime. Despite the significance of the relations, the possibility of a criminal-legal reaction to a particular incident appears not in connection with the occurrence of certain publicly dangerous consequences and not even with the traditional recurrence, but only with the third documented violation. We consider more preferable the model of criminalization of violating the management of technical means of counteracting threats depending on infliction of substantial harm to the rights and legal interests of citizens or organizations, or the legally protected interests of the society or the state. Scientific novelty: the novelty of the research is mainly due to the actual underdevelopment of the issues related to the legal definition and implementation of criminal liability for violating the rules of centralized management of technical means of counteracting the threats to sustainability, security and integrity of functioning of the telecommunication network Internet and the general purpose communication network in the territory of the Russian Federation. Practical significance: the main provisions and conclusions of the research can be used for improving the mechanism of criminal-legal protection of information security, further development of the Russian doctrine of criminal law on liability for crimes in the sphere of computer information.
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«Умные города»: правовое регулирование и потенциал развития
Статья научная
Цель: исследование тенденций развития концепции «умных городов» и их правового регулирования. Методы: в работе использовались общенаучные (индукция, дедукция) и специальные (системно-структурный, сравнительно-правовой анализ) методы. Кроме того, в исследовании применялись методы обзорного анализа, чтобы изучить статус-кво для «умных городов». До сих пор инновационные исследовательские подходы в рамках рассмотрения концепций «умного города» встречаются редко, как и перспективы, касающиеся целевого управления знаниями и сотрудничества соответствующих заинтересованных сторон. Если говорить о специальных методах исследования цифровых отношений, был использован контент-анализ (метод создания воспроизводимых и обоснованных выводов из текстов (или другого значимого материала) в контексте их использования). Поскольку результаты предыдущих исследований и концепций, касающиеся «умных городов», доступны, также применялся дедуктивный контент-анализ. Результаты: дана характеристика общественных отношений, складывающихся в процессе развития концепции «умных городов». Обозначены ключевые правовые акты, принципы формирования и функционирования «умных городов» с учетом российского и зарубежного опыта. В связи с этим приведены примеры успешных практик из деятельности как российских, так и зарубежных муниципальных образований с учетом проводимых конкурсов, и рейтингов, определяемых центральными структурами. Обобщены популярные направления, широко внедряемые на местном уровне, и выделены возможные проблемы реализации данного проекта в нашем государстве. Научная новизна: в статье осуществлен анализ имеющегося правового регулирования, а также результатов внедрения концепции «умных городов». Определены перспективные технологии и методы, необходимые для достижения целей реализации концепции. Выделены элементы, обеспечивающие устойчивость «умных городов», отвечающих требованиям будущего. Высказана авторская позиция о тесной взаимосвязи данного явления с институтом местного самоуправления в контексте возможного развития последнего с подключением искусственного интеллекта в процесс по принятию управленческих решений. Прежде всего речь идет об использовании потенциала интернета вещей. На практике возникает немалое количество проблем, связанных с реализацией нормативно закрепленных положений, что подразумевает необходимость проведения дальнейших научных исследований в анализируемой сфере. Практическая значимость: обусловлена недостаточной разработанностью данных об особенностях и перспективах внедрения идеи «умных городов». Положения проведенного исследования позволят осуществлять эффективную работу по совершенствованию механизмов правового регулирования рассматриваемой концепции и ее повсеместному распространению.
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