Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 168
Статья
Objective: to identify the possibilities for an adequate response of the existing legal regime to the various challenges posed to European law by artificial intelligence systems underlying neuromarketing techniques. Methods: the study is based on the risk-oriented approach, formal-logical, formal-legal and comparative-legal methods, as well as on the method of legal forecasting, in order to identify the problems of legislation caused by the emerging technologies capable of recognizing human emotions and using them to control consumer behavior, and to propose ways to solve them. Results: the conducted research provides a brief overview of the most widely used neuromarketing techniques used by algorithms and machine learning. These allow identifying points of cognitive and emotional vulnerability, collecting and processing data, and then building the most effective marketing techniques that push a consumer to choose a certain product or service. Ethical problems are analyzed which arise from the use of neuromarketing techniques in relation to some basic values such as individual independence, human dignity, and freedom of choice. The subtle line is shown between techniques that manipulate consumer behavior (manipulation technique) and those that, on the contrary, have a persuasive effect, which in itself does not make them illegal (persuasion technique). An overview of the existing legal framework is presented, as well as case law from both the European Court of Justice and national courts of member states with a particular focus on the Unfair Commercial Practices Directive, the EU General Regulation on the Protection of Personal Data (hard law), and codes of ethics (soft law). Scientific novelty: the paper points out the transformation of traditional legal categories and important problem points of the existing regulation due to the growing recognition of the potential of neuromarketing as a tool capable of explaining and predicting consumer behavior, as well as influencing the economic behavior of the subjects of relations. Practical significance: the obtained conclusions and proposals can be taken into account in improving the regulation of artificial intelligence in terms of its safety and reliability, increasing trust in the system, given the need to protect ethical principles and maintain fundamental values.
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Статья научная
Objective: to elaborate scientifically substantiated proposals for improving the system of mandatory requirements in the sphere of business and other economic activity under formation of digital economy, taking into account the foreign experience of eliminating barriers for business and the available practice of legislation optimization in this sphere. Methods: the research methodological basis consists of traditional general and specific methods of scientific cognition: dialectical, formal-logical, historical-comparative, systematic, terminological, general logic methods (analysis, synthesis, generalization, induction, deduction, etc.), as well as special methods: historical-legal, formal-legal, and method of comparative jurisprudence. Results: the author investigated and systematized theoretical approaches and experience of improving the system of mandatory requirements in foreign countries and the Russian Federation; the possibilities of introducing the most successful innovative legal instruments and practices to improve the regulation of economic relations were considered. The role of a retrospective assessment of the regulatory impact of existing regulatory legal acts containing mandatory requirements in addressing issues of reducing burdensome rules and ensuring legal stability in the context of digital transformation of the economy was determined. The international experience of implementing the regulatory guillotine mechanism was considered; its essence, purpose, tasks, basic principles, and algorithm of operation were revealed. The issues of establishing and evaluating the application of the requirements for business contained in regulatory legal acts were analyzed. Scientific novelty: the author’s comprehensive analysis of existing scientific developments on improving the system of mandatory requirements for business; systematization of scientific and theoretical approaches to the selection of innovative legal instruments to eliminate excessive legal regulation of economic relations; generalization of successful foreign practices in the implementation of “regulatory guillotine” measures. Practical significance: recommendations were developed for effective reduction of burdensome requirements that negatively affect the development of business in the context of digital transformation of the economy. Conditions were determined for the implementation of a full-fledged regulatory impact assessment procedure and the successful implementation of regulatory reforms. The results of the study can be used in standard-setting activities and in the educational process when elaborating educational programs in Economics and Law.
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Статья научная
Objective: to research the trends of legal regulation of using intelligent transport systems under digital transformation of the transport sector of economy, namely, the growing importance of intelligent transport systems in the future transport system of the Russian Federation. Methods: systemic-structural method is the basis for researching intelligent transport systems. It enables to study the architecture of intelligent transport systems as a complex structural unity. Also, comparative-legal method was used, aimed at illustrating the differences and similarities in the legal regulation of intelligent transport systems. Methods of legal modeling and forecasting, as well as formal-logic method, served as secondary methods to comprehensively study the legal regulation of intelligent transport systems. Results: the article presents conceptual approaches to defining the notion of “intelligent transport systems” and outlining the hierarchy of intelligent transport systems, which play a fundamental role in building the transport sector. Based on the analysis, conclusions are made about the vectors of forming transport legislation, aimed at regulating the use of intelligent transport systems. Scientific novelty: the article provides a conceptual approach to forming the legal regulation of intelligent transport systems. To this end, the issue is considered about the essential content of the notion of “intelligent transport systems” at legal and scientific levels; the current terminological problems in building the legal regulation are shown. Analysis of the architecture of intelligent transport systems allowed for the first time to formulate the basic approaches to shaping the legal regulation of its individual elements (including highly automated and fully automated transport means, “smart” infrastructure, etc.) not in isolation but as constituent parts of the whole matter. Practical significance: the presented materials and conclusions facilitate the development of legal regulation of transport industry under digital transformation. The article accentuates the legal regulation of intelligent transport systems taking into account their technical and technological features. It is the intelligent transport systems that are de lege ferenda of the transport system, which determines the vector of transformation of transport legislation. In turn, development of the legal bases allows broadening the geography of introducing technical novelties and making their application much more large-scale.
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Статья научная
Objective: to assess the Russian legislation for its compliance with the international-legal approaches to shaping symmetrical regulation of crypto-assets and possibility to complement it with new international-legal categories reflecting the in-depth changes in the global economy and structure of international finance, determined by the broad introduction of new financial technologies based on distributed ledger technologies. Methods: the methodological basis of the research is a set of general scientific methods of scientific cognition, among which of utmost importance are special-legal (formal-legal and comparative-legal) methods, complemented with risk-oriented approach, legal modeling and juridical forecasting. Applied integrally, they allowed comprehending the architecture, “letter and “spirit” of the modern international financial law and national legislation in their conceptual-terminological correlation and to forecast further development and adjustment of the legal regulation of crypto-assets turnover. Results: it was found that there appears a stable trend in the crypto-assets turnover regulation, according to which “soft” law dominates among the law sources (this is especially notable in the sphere of international financial law compared, for example, with conventions or international treaties); at the same time, there is a strengthening trend of “fragmentation” of international law with regard to crypto-assets turnover; the authors mark inconsistency of the conceptual framework contained in international acts and in the Russian legislation, as well as the gaps in the regime of crypto-assets turnover at the level of national law; the trends and forecasts are presented referring to the development of international-legal regulation of the sphere of crypto-assets. Scientific novelty: consists, first of all, in a complex comparison, based on, among other aspects, the fundamentally new concepts of regulation of such progressive international-legal categories as cryptoasset, virtual asset, cryptocurrency, stablecoin, etc., some of them rarely used in the Russian legal discourse and actually never applied in legislation. Practical significance: the scientifically grounded proposals are formulated, aimed at improving the conceptual-terminological framework of the Russian legislation in the sphere of crypto-assets turnover, implementation of which will allow constructing a common legal space with the technologically most advanced states, will help to improve investment climate and financial attraction of the state; will improve the national-legal regime of crypto-assets turnover from the viewpoint of not only actual market demands, but also state security interests and improving competitiveness of the Russian legislation.
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Статья
Objective: To look at the fintech regulatory policy and regulatory system in the Greater Bay Area through the lens of the Trilemma of Innovation doctrine in order to identify the applicability and extrapolation of existing legal models in the zone of accelerated economic and innovation development in Guangdong, Hong Kong and Macau. Methods: The article is based on the comparative legal research of the regulation regarding models, existing within the regulatory framework for fintech. For that matter we conduct a generalization, introducing the classification of methods and systems that, in our opinion, can be recognized as the Lego-like systems of instruments. Results: The research evaluates difficulties that may be faced by the participants within GBA on the way of legal harmonization regarding fintech. Special attention is paid to Hong Kong SAR, being one of the best-known examples of successful fintech regulation, and to comparing fintech regulation in Mainland China and in SAR (Macau, in particular). The author states that the last amendments to the financial law of Macau SAR also add an element of uncertainty, even though they aim to develop the situation within the framework. The author compares a technocratic approach, according to which fintech regulation is completely national (created only for the domestic market and reflects its structure) and traditional approach to regulation, a part of which is the Trilemma of Innovation. The latter implies the possibility of over-national (international) standardization, including in the form of soft law, which may eliminate the difference in understanding the fintech characteristics, its concepts and scope. Besides, the author analyses the correlation between the concepts of financial regulatory system and financial system of fintech regulation, extrapolation of the existing regulatory framework to the developing market of innovative technological solutions and their various models. The author highlights the regulatory response method, changing during the fintech market evolution, and applied, as a rule, together with other approaches. Scientific novelty: the article presents a comprehensive review of the different systems of fintech legal regulation in the Guangdong – Hong Kong – Macau Greater Bay Area, whose unique experience demonstrates various trajectories of the fintech market development in southern China within the “One Country – Two Systems” concept. Practical significance: the main conclusions and proposals resulting from the study are of significant interest for further research, regulatory policy and fintech regulatory system, as Mainland China and the special administrative regions of the Greater Bay Area use different approaches and methods of legal response that have no analogues in the modern world.
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Legal Aspects of the Use Artificial Intelligence in Telemedicine
Статья
Objective: the rapid expansion of the use of telemedicine in clinical practice and the increasing use of Artificial Intelligence has raised many privacy issues and concerns among legal scholars. Due to the sensitive nature of the data involved particular attention should be paid to the legal aspects of those systems. This article aimed to explore the legal implication of the use of Artificial Intelligence in the field of telemedicine, especially when continuous learning and automated decision-making systems are involved; in fact, providing personalized medicine through continuous learning systems may represent an additional risk. Particular attention is paid to vulnerable groups, such as children, the elderly, and severely ill patients, due to both the digital divide and the difficulty of expressing free consent. Methods: comparative and formal legal methods allowed to analyze current regulation of the Artificial Intelligence and set up its correlations with the regulation on telemedicine, GDPR and others. Results: legal implications of the use of Artificial Intelligence in telemedicine, especially when continuous learning and automated decision-making systems are involved were explored; author concluded that providing personalized medicine through continuous learning systems may represent an additional risk and offered the ways to minimize it. Author also focused on the issues of informed consent of vulnerable groups (children, elderly, severely ill patients). Scientific novelty: existing risks and issues that are arising from the use of Artificial Intelligence in telemedicine with particular attention to continuous learning systems are explored. Practical significance: results achieved in this paper can be used for lawmaking process in the sphere of use of Artificial Intelligence in telemedicine and as base for future research in this area as well as contribute to limited literature on the topic.
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Legal Issues of Cross-Border Data Transfer in the Era of Digital Government
Статья
Objective: to identify the main legal factors of cross-border data exchange in the context of digital technology proliferation and government digitalization, including legal guarantees, security issues, cybersecurity risks, approaches to regulating and improving the efficiency of data management in various jurisdictions. Methods: the study relies on synthesis and critical analysis of various aspects of the stated problem, including analysis of primary and secondary sources. By the example of the regulatory policies of China, the US, the EU and EAEU member states, different approaches regarding the restriction or encouragement of free cross-border data transfer are compared. A comprehensive meta-analysis and literature assessment provided insights into the methods used for data protection in different jurisdictions and allowed outlining the framework and directions of the public policy required for effective cross-jurisdictional data transfer. Results: the main challenges associated with cross-border data transfer in the context of digital technology proliferation and government digitalization, such as growing inequalities in digital development, legal uncertainties, privacy and cybersecurity, etc., were identified. The legal framework of cross-border data transfer in the context of government digitalization and its implementation were analyzed. It contributed to the search for ways to improve the government efficiency in the context of transnational data transfer, including rendering services and promoting openness and public participation. Scientific novelty: based on the analysis of various jurisdictions’ approaches to legal, security and sovereignty issues caused by transnational data transfer, the author reveals the role and applicability of international law, as well as the unique challenges arising in the member states of the Eurasian Economic Union on the way to the formation of transboundary trust space. Practical significance: the study of these issues may help various public agencies, first of all, governmental and legislative bodies to the elaborate well-targeted political and legal decisions, aimed at achieving a balance between data availability and data security, between the effectiveness of public administration and respect for the human rights. The results obtained will also be of importance for other subjects of relations in cross-border data transfer and regulation of these relations.
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Legal Issues of Ensuring Technological Sovereignty
Статья научная
Objective: to identify the legal issues of ensuring technological sovereignty and to determine scientifically grounded vectors of their solution. Methods: the study is based on formal-legal, historical-legal, comparative-legal methods, as well as the methodology of soft systematicity, legal forecasting, and legal modeling. Results: the article presents a theoretical and legal approach to understanding sovereignty and differentiating its types. Under modern conditions, a significant role is given to the independence and autonomy of the state in the technological sphere. The correlation of digital and technological sovereignty is considered; the latter notion is outlined taking into account the gaining popularity of the Western concept of digital (technological) solidarity. The regulatory foundation of the state strategic autonomy is legal regulation, in which the concept of technology-centrism has been firmly established in recent years. The technological paradigm of modern legal regulations was identified. It consists in strategizing the scientific and technological innovations in strategic planning documents, as well as in sovereignization and cyclization of the legal sphere, digital transformation of the culture of lawmaking and law enforcement, technologization of the legal language, expansion of the scope of legislative regulation and the volume of subordinate legislation. The analysis of the correlation between the legislative and subordinate law levels of technological positioning of the Russian Federation in strategic areas has allowed to emphasize the important systemic interrelation of the involved traditional and innovative law-making tools as they ensure technological development. The author also identifies the risks of expanding legal experimentation in the digital area of public relations, which should exclude the possibility of circumventing the established critical limitations. Scientific novelty: the work forms a theoretical and legal model of ensuring technological sovereignty, which is of strategic importance for the preservation of the Russian Federation sovereignty in its classical understanding as the main and most important feature of the state. Practical significance: the results can be used in law-making activities of public authorities to create legal mechanisms for research, development and implementation of critical and end-to-end technologies and the production of high-tech products based on them in order to ensure national security of the Russian Federation.
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Legal Means of Providing the Principle of Transparency of the Artificial Intelligence
Статья научная
Objective: to analyze the current technological and legal theories in order to define the content of the transparency principle of the artificial intelligence functioning from the viewpoint of legal regulation, choice of applicable means of legal regulation, and establishing objective limits to legal intervention into the technological sphere through regulatory impact. Methods: the methodological basis of the research is the set of general scientific (analysis, synthesis, induction, deduction) and specific legal (historical-legal, formal-legal, comparative-legal) methods of scientific cognition. Results: the author critically analyzed the norms and proposals for normative formalization of the artificial intelligence transparency principle from the viewpoint of impossibility to obtain the full technological transparency of artificial intelligence. It is proposed to discuss the variants of managing algorithmic transparency and accountability based on the analysis of social, technical and regulatory problems created by algorithmic systems of artificial intelligence. It is proved that transparency is an indispensible condition to recognize artificial intelligence as trustworthy. It is proved that transparency and explainability of the artificial intelligence technology is essential not only for personal data protection, but also in other situations of automated data processing, when, in order to make a decision, the technological data lacking in the input information are taken from open sources, including those not having the status of a personal data storage. It is proposed to legislatively stipulate the obligatory audit and to introduce a standard, stipulating a compromise between the technology abilities and advantages, accuracy and explainability of its result, and the rights of the participants of civil relations. Introduction of certification of the artificial intelligence models, obligatory for application, will solve the issues of liability of the subjects obliged to apply such systems. In the context of professional liability of professional subjects, such as doctors, militants, or corporate executives of a juridical person, it is necessary to restrict the obligatory application of artificial intelligence if sufficient transparency is not provided. Scientific novelty: the interdisciplinary character of the research allowed revealing the impossibility and groundlessness of the requirements to completely disclose the source code or architecture of the artificial intelligence models. The principle of artificial intelligence transparency may be satisfied through elaboration and provision of the right of the data subject and the subject, to whom the decision made as a result of automated data processing is addressed, to reject using automated data processing in decision-making, and the right to object to the decisions made in such a way. Practical significance: is due to the actual absence of sufficient regulation of the principle of transparency of artificial intelligence and results of its functioning, as well as the content and features of the implementation of the right to explanation the right to objection of the decision subject. The most fruitful way to establish trust towards artificial intelligence is to recognize this technology as a part of a complex sociotechnical system, which mediates trust, and to improve the reliability of these systems. The main provisions and conclusions of the research can be used to improve the legal mechanism of providing transparency of the artificial intelligence models applied in state governance and business.
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Legal Nature of Reproducing Museum Objects in the Digital Form of NFT
Статья научная
Objective: by revealing the legal nature of the nonfungible token (NFT), to propose a solution for the topical issues of legal regulation of relations emerging in the sphere of online market and Internet platforms, associated with reproduction and further use in the virtual environment of tokenized digital copies of original pieces of art. Methods: the research was based on formal-legal and comparative-legal analysis, applied together with methods of law interpretation. Results: a conclusion is made that reproduction of a museum object in the digital form of NFT is not equal to reproduction of a museum object in the simple digital format, as it does not contain such mandatory criteria as uniqueness, indivisibility and scarcity of the specific token. An NFT object acts as a digital original of an analog original of a museum object in the digital environment and the metaverse, not as a new form of media art. Expressed in the form of a uniqueness certificate of a digital object, an NFT object, by its legal nature and for the purpose of legal regulation of deals with it, refers to “other property” among the objects of civil law, which allows the museums to apply the respective contract constructs when structuring such deals. Scientific novelty: the author proposes a new approach to considering and improving the legal regulation, accounting and storing NFT objects as virtual museum objects, the so-called digital equivalents of an item, which possess the signs of individual-definite character and uniqueness, differing from simple digital copies, digital pieces of art, 3D mapping, etc. Practical significance: the research results can be used for improving legal regulation of museum activity, correcting the civil and museum legislation, in particular, for defining virtual museum objects; for implementation of law, for example, when signing deals on using and selling NFT objects, in terms of specifying the content and volume of authorities of the right holders of the nonfungible token.
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Legal Nature of Smart Contracts: Contract or Program Code?
Статья
Objective: due to the rapid technological changes, digital economy and contractual relations determine law transformation and legislation development towards adaptation to prospective spreading and application of smart contracts in civil and commercial turnover. In this regard, the study focuses on determining the legal essence of smart contracts as a fundamental step towards the development of their timely and clear regulation. Methods: the research is based on the methodology of formal-legal and comparative legal analysis. It compares the current Bulgarian legislation with supranational legal sources and identifies the characteristic features of smart contracts as demanded instruments necessary for modern law and economy. The article also compares them with the classical understanding of contracts, making it possible to understand and define the nature of smart contracts more accurately. Results: it was determined that a smart contract is a software code in which the parties predetermine conditions under which the contractual relationship between them is created, modified and terminated. The research proved that the contract execution does not depend on the action or inaction of its parties, but rather on the occurrence of a predetermined condition (a certain fact relevant to the parties) under which the contract must self-execute. It was substantiated that the will of the parties cannot be changed or replaced because of the special way in which the smart contract is recorded in a distributed ledger. It is found that the fundamental problem of transferring the will from the legal language to the program code of the smart contract persists: if the will of the parties is incorrectly transferred to the program code, the smart contract may self-execute, but its execution will not be the result that the parties counted on. Scientific novelty: the analysis made it possible to compare the current national (Bulgarian) legislation and supranational (European) law. It revealed the vagueness of smart contracts regulation, both at the national and international level, and identified a number of issues in need of scientific and legal interpretation, which refer to the legal nature of smart contracts in view of the self-executing program code concept. Practical significance: the study can serve as a basis for further development of legislation towards its adaptation to the prospects of smart contracts spreading and application in civil and commercial turnover. It also allows an in-depth analysis of the smart contracts practice referring to such unsolved problems as accurate transference of the parties’ will to the program code (translation of specific terms from the legal language into the smart contract program code), electronic identification of subjects – parties to the transaction and many other issues.
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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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Статья
Objective: to demonstrate the complex legal landscape which is being changed under the influence of the modern digital landscape developing with the integration of cryptographic technologies into international trade and especially into the field of information and communication technology products. Methods: the study of the documents is built primarily on a set of ways of interpreting legal acts, which allows analyzing the content of primary legal sources, namely the provisions for cryptographic products circulation, and proposing solutions to fill the gaps in this area. Also, secondary sources were collected and summarized to form an idea of the study subject. Results: areas of uncertainty in the protection of digital cryptographic products under the WTO agreements have been identified, raising questions about the adequacy of existing protection measures. It is noted that in some countries this situation has led to restrictions or bans on the import and export of cryptographic technologies and encrypted data on security grounds. The authors pay attention to the concept of non-discriminatory treatment of cryptographic products, which is being developed primarily within the framework of regional trade agreements to address the shortcomings of WTO agreements. It is emphasized that regional trade agreements, although stimulating cooperation and competition in international trade, demonstrate various approaches to the regulation of cryptographic products. The authors note that this creates challenges for business and it must be prepared to take into account the specificities of regional agreements, local legislation and evolving legal requirements. A conclusion is made that it is important to balance the innovation protection with the promotion of trust and cooperation, between the cryptographic technologies development and the issues of security and intellectual property rights protection. Scientific novelty: a vision of the complex legal landscape surrounding cryptographic products is presented, showing the differences in approaches to regulating relations around digital and non-digital products under WTO agreements and approaches to regulating cryptographic products applied in regional trade agreements. Practical significance: the study results are of interest to government agencies, policy makers, commercial entities and individuals involved in international trade in cryptographic technologies, as they can help all stakeholders to make informed decisions, navigate the complexities of regulating these relationships and advocate for fair treatment in the evolving digital trade environment.
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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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Статья
Objective: to determine the level of protection of the rights of content creators in social media and to develop measures to prevent offenses in this area. Methods: to achieve the objective, the sociological and legal cognitive tools were used, including the doctrinal method of researching the subject area, obtaining “first-hand” data and taking into account the factors and circumstances of influence. The main results were obtained through the sociological method used to collect data based on a specially developed questionnaire with four research questions: (1) what are the perceptions and opinions of third parties or users regarding the role of a content creator? (2) are the rights of content creators regarding their works violated? (3) what are the ways to protect the created content from infringement by platforms? and (4) how can the rights of content creators be protected? The empirical findings and generalizations were based on a combination of analyses, including content analysis of primary and secondary legal sources. Results: In recent years, the content generation in social media has evolved into a complex industry that is transforming both the traditional understanding of creative expression and the implementation of intellectual property rights. Using the Nigerian experience as a case study, the authors examine the rights and protection measures provided to digital content creators under intellectual property law. The study shows that there is currently not enough scholarly work in this area or developed legislation to protect the social media content. It is concluded that there is a need for improved legislation on the protection of rights in the sphere of social media content. In the absence of such legislation, creators of online works should resort to more radical methods in enforcing their rights in order to reduce intellectual property misappropriation. Creators of such works are suggested to ensure the protection of their rights based on the fair use doctrine principles. Scientific novelty: the study is structured around research questions concerning infringements and remedies for content creators. The questions were addressed to respondents from different countries, a large proportion of whom specialize mainly in content creation in various social spheres through several media platforms and social networks. Practical significance: the article conclusions and recommendations may minimize the risks of infringement of intellectual property rights of content creators, which may arise with the widespread use of social networks, as well as increase the level of protection of rights to works created in the form of online content.
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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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Neurorights, Neurotechnologies and Personal Data: Review of the Challenges of Mental Autonomy
Статья обзорная
Objective: to present the results of a systematic review of research on the impact of neurotechnology on legal concepts and regulatory frameworks, addressing ethical and social issues related to the protection of individual rights, privacy and mental autonomy. Methods: The systematic literature review was based on the methodology proposed by a renowned British scholar, a professor emerita of computer science at Keele University Barbara Kitchenham, chosen for its flexibility and effectiveness in obtaining results for publication. Thorough searches were carried out with the search terms “neurotechnology”, “personal data”, “mental privacy”, “neuro-rights”, “neurotechnological interventions”, and “neurotechnological discrimination” on both English and Spanish sites, using search engines like Google Scholar and Redib as well as databases including Scielo, Dialnet, Redalyc, Lilacs, Scopus, Medline, and Pubmed. The focus of this research is bibliometric data and its design is non-experimental with a cross-sectional and descriptive, using content analysis based on PRISMA model. Results: the study emphasizes the need to establish clear ethical principles to protect individual rights and promote responsible use of neurotechnologies; a number of problems of mental autonomy were identified, such as improper handling of information, lack of legal security guarantees, violation of rights and freedoms in the medical sphere. The author shows the need to adapt the existing regulatory legal framework to address the ethical and social problems arising from the new neurotechnologies. It is noted that a broad study of neurotechnology issues will contribute to the protection of human rights. Scientific novelty: an expanded understanding of the five neurorights within the Universal Declaration of Human Rights is proposed; neurorights are viewed as a new category of rights aimed at protecting mental integrity against the misuse of neurotechnologies. The author justifies the adoption of such technocratic principles as personal identity, free will, mental privacy, equal access and protection against bias. Practical significance: the obtained results are relevant for understanding modern legal concepts related to neurorights and for adapting the existing normative legal acts to solve ethical and social problems arising from the emergence of new technologies, protection of human neurorights and liability for their violation. The study of these issues is key for provision of further responsible development and use of neurotechnologies.
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New Approaches to Researching AI Crime: Institutionalization of Digital Criminology
Статья научная
Objective: the article deals with modern scientific approaches to the “digital society”, identifies new criminological perspectives, such as that of digital criminology in an ever-changing hybrid world, in the scientific study of the potential use of AI by criminals, including what is referred to here as AI crime. Methods: this article is an essay commonly used in humanities and social sciences, as the author aims to present provocative arguments to encourage readers to rethink AI issues in relation to criminality in the “hybrid world” based on a non-systematic literature review. The arguments should be supported by relevant references to “digital criminology” and its non-binary way of thinking in favour of a techno-social approach. Results: the era of divided perspectives is coming to an end, and it’s time for synergies, especially at the interdisciplinary level. The «mirror of artificial intelligence» can help identify flaws and solutions, ensuring the future of AI and human society is decided by the people. In a digital society, technology is integrated into people’s lives, including crime, victimization, and justice. Digital technologies blur the boundaries between online and offline realities, creating a human-technological hybrid world where crimes occur in virtual networks. AI has potential for social good and Sustainable Development Goals, but concerns about human rights violations need to be addressed. Multidisciplinary approaches are needed to ensure safe use, address education inequalities, enhance justice, and identify online behavior as deviant or criminal. In the context of emerging technoethics, the idea that this unofficial norm, derived from a popular belief, will be the ‘touchstone’ for characterising online mediated behaviour as deviant/crimninal, is missing - or rather in the process of being formed. Scientific novelty: the author aims to provide some insightful thoughts on formulating the right questions and interesting reflections from a technoethical perspective on the phenomenon of the use of information and communication technologies for criminal purposes under the catalytic influence of AI, recognising the social challenges arising from technological disruption (e.g. prediction and prevention through the transformation of policing, increased surveillance and criminal justice practises) in “digital society”. Practical significance: some of the initial ideas of this theoretical material can be used in the elaboration of proposals for amendements and additions to the current crime legislation, as well as in pedagogical activity, especially in the implementation of educational courses or modules on crime in the context of the digital transformation of society.
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Newsmaking Criminology in the 21st Century: Forming the Public Opinion under the New Reality
Статья научная
Objective: to study the concept of newsmaking criminology and its relevance in the current conditions of mass media development. Methods: the methodological basis of the work consists of general scientific, social, and special-legal methods of cognition. The conducted research is based on the dialectical method (in determining the general direction of the study), methods of formal logic (analysis, synthesis, induction, deduction, analogy), system method (in comparing and generalizing the information collected for the research). Results: the functions of newsmaking criminology in its classical manifestation, as well as its additional functions in the study of mass media in the Internet, were revealed. It is suggested that with the emergence of the World Wide Web, the relevance of newsmaking criminology has increased: social networks, blogs and video hosting as alternative media have a strong influence on public opinion, while an unlimited number of people have access to content generation, contrary to traditional media. Many states understand the importance of interaction between mass media and law enforcement agencies and are actively implementing their methods of promoting newsmaking criminology online. This article points out the risks that arise in media coverage of law enforcement and crime. One of such risks is the cancel culture, which is spontaneous, unpredictable in nature, and may jeopardize the quality of life of the victim or business reputation and activity of organizations. Scientific novelty: the functions performed by newsmaking criminology in the study of traditional and alternative media were identified. So far, such doctrine has not been sufficiently researched taking into account modern forms of mass communication. Examples of interaction between law enforcement agencies of different states and the media were analyzed. Practical significance: the study contributes to understanding the correlation between criminological phenomena and modern media platforms. The Internet and social networks provide new channels of information exchange that differ significantly from traditional media such as printed media or television.
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Статья научная
Objective: this paper explores the challenges arising from the conflict between blockchain technology and the “right to be forgotten” as provided by the European data protection framework. Methods: in the First Section, the author provides a brief description of the evolution of blockchain technology and the most pressing issues between traditional blockchain models and UE’s legislations. Among the latter, the author analyzes the specific issue concerning the clash between the traditional blockchains (both private and public models), typically immutable, and the individual’s right to cancellation or modification of own personal data. This section emphasizes the importance of personal data protection, which has always been one of the main tasks for supranational legislators. The legal regulation of data protection and the relevant judicial practice of the European Court of Human Rights is analyzed. The author raises the problem of expressing the free self-determination of an individual in the form of controlling their personal data on the Internet. The Second Section of this contribution is dedicated to the study of probable ways to solve the existing incompatibility and to make the distributed ledger system compatible with the European data protection legislation. An emphasis is made on the model provided by “Traent” company, which ensures the right to data cancellation or modification. The capability of this model to solve the said contradiction is analyzed. Results: the study delves into the peculiar features of the new model to understand how it strategically utilizes the advantages of public and private blockchains guaranteeing not only the validity and authenticity of the chain where the transaction was performed, but, most importantly, the modification and granular cancellation of client’s personal data. This innovative solution offers a potential path forward for navigating the complex intersection of data privacy and blockchain innovation in the European context. Scientific novelty: Traent has implemented a “hybrid” model blockchain that, incorporating both public and private components, to achieve an effective compliance with the European Union regulations, especially those concerning data protection and privacy. Practical significance: the obtained conclusions and proposals can be taken into consideration in improving the compliance of blockchain technologies with the European Union General Data Protection Regulation.
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