Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 168
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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Prospects and Issues Concerning the Regulatory Regime of E-Payment System in Nigeria
Статья
Objective: to reveal the legal challenges impeding the smooth operation of electronic payment systems in Nigeria, given that Nigerian official bodies and individuals have already taken some steps to regulate the electronic payment system in the country, but the said step are insufficient. Methods: the study is built on several approaches to the issues of the legal regime of electronic payments in Nigeria. Alongside with the doctrinal interpretation of the legal framework regulating the relations associated with the use of electronic payment system, the authors used sociological cognitive tools and conducted a survey of respondents residing in different geopolitical zones of Nigeria. The description and analysis of the data obtained shows the actual attitude of the respondents to the ongoing processes. Results: international regulation and national legislation on electronic payments in force in Nigeria were examined. The study revealed that e-payments are an effective means of transactions but there are some legal challenges that may hinder the smooth use of e-payments in Nigeria. It was found that although the country has enacted a number of laws relating to the regulation of banking and other financial activities, they are not sufficient to address the challenges posed by modern technologies. The article reflects the issues of electronic signature, trust in technology, data privacy, security of electronic transactions, fraud, authentication and authorization, certainty of rights and obligations, jurisdiction and platforms for resolving online disputes, taxation of electronic payments, and others. The authors note that the task of creating a secure digital environment for the smooth operation of e-commerce and e-payments in Nigeria should not be solely imposed on the government. Scientific novelty: by the example of one of the most promising African states, the authors revealed a spectrum of issues related to the work of electronic payment systems, supporting it with a survey of public opinion. They managed to find out the citizens’ attitude to a number of issues that are most often faced when using the system of electronic payments, and possible areas of change. Practical significance: the current legal issues raised in the study largely hinder the smooth use of the electronic payment system in Nigeria. Hence, the possible ways to improve it suggested by the authors are increasingly significant.
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Prospects of Handling Digital Technology Disputes by Courts of Integration Associations
Статья научная
Objective: to analyze the competence and procedure of case handling by the courts of integration associations, allowing them to resolve disputes related to information technologies, and to identify the prospects of handling of this category of disputes by the courts of integration associations. Methods: the main research methods were analysis, synthesis, and problem-theoretical method. Results: the article identified the main features of the “disputes related to digital technologies” category in relation to resolving disputes involving individuals by the courts of integration associations. It reveals opportunities for some courts of integration associations to resolve disputes related to information technologies. The said opportunities are provided by the courts competence, allowing the appeal of individuals, as well as by the dispute resolution procedure involving experts. By analyzing international treaties and practice of courts of integration associations, the author proves that the changes in the category of “disputes related to digital technologies” are related not only to technologies, but also to information and communication systems. By own judgments, the author reveals the content of disputes related to digital technologies in the courts of integration associations. Scientific novelty: the paper reveals the peculiarities of the category “disputes related to digital technologies” in relation to the courts of integration associations and the prospects of resolving disputes related to information technologies by the courts of integration associations. Practical significance: the conclusions provided in the article can be used to improve the practice of courts of integration associations.
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Статья
Objective: by reviewing the legal aspects of public-private partnership agreements, to synthesize their main provisions into a common matrix, which, when digitized, can be used to standardize and simplify the formulation of agreement parameters. Methods: the author relied on comparative-legal analysis of scientific literature, legislation and Internet sources on public-private partnership, supplemented by a review of public-private partnership agreements in various socio-political spheres, which made it possible to create a science-based and practice-oriented matrix that can serve as a tool for drafting public-private partnership agreements. Results: national aspects in the legal regulation of the said relations in different countries were highlighted; a number of peculiarities encountered in public-private partnership agreements were described. Scientific novelty: taking into account the most important legal peculiarities characteristic of different countries, a matrix for drafting public-private partnership agreements is presented, including eight main parameters: 1 – value received, scope, benefits and risks, 2 – route to market, 3 – restraint of competition, 4 – conflict of interest and procurement issues, 5 – powers, approvals, legal assessment, 6 – liabilities, dispute resolution, 7 – ownership structure, governance and level of autonomy, 8 – exit strategies. Depending on the priorities identified, the matrix can be modified, taking into account that priorities define and shape the specific parameters of each individual partnership. Practical significance: the matrix obtained can become a planning tool used to analyze and understand the relationships between the eight legal parameters necessary for the formation of relations in the sphere of public-private partnership. It may serve as a legal reference point for the formulation of public-private partnership agreements around the world, and will contribute not only to the revitalization of public-private partnerships, but also to a proper understanding of obligations, responsibilities and limitations. The recommendations provided in the study show direction for the evaluation of public-private partnerships, allowing clear conclusions to be drawn about the partnership. Digital accessibility provided, the proposed matrix will be of interest to many organizations that use public-private partnerships in their professional activities.
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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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Social and Legal Risks of Sharenting when Forming a Child’s Digital Identity in Social Networks
Статья
Objective: to determine the legal consequences of sharenting as an activity that threatens the fundamental rights of minors, putting their privacy at risk. Methods: the study is based primarily on the analysis of European and American experience of legislative regulation, which is presented in a comparative-legal aspect, using doctrinal approaches and concepts reflected in scientific publications on the topic. This contributed, among other things, to the critical understanding of the identified risks and helped to describe the existing legal approaches and formulate proposals aimed at protecting the minors’ privacy in social networks. Results: the impact of social networks on the rights of minors was studied, in terms of their negative influence, possible risks and the spread of social conflicts. The main provisions of the legislation of Spain, France and the USA were analyzed in order to identify the key points regarding the activities of minors in social networks and the Internet, the need for them to express their consent to the publication of personal information. The most common conflicts caused by sharenting were described, as well as possible flexible legislative solutions to disputes concerning family relations and social networking activities. Suggestions were formulated for resolving conflict situations and digital identity issues arising in abusive sharenting. Scientific novelty: the study summarizes various scientific opinions and legal approaches to sharenting as a new phenomenon, which is rapidly developing due to the wide popularity of social networks and Internet activity of children and their parents, generating socio-legal conflicts. Practical significance: the research shows that minors are particularly vulnerable in the information and telecommunication environment. In many cases, excessive disclosure of their personal data occurs not only because of their own actions, but also because of the actions of their family members, usually parents. A comparative legal study of the adopted legislative measures and their interpretations in the legal doctrine allows characterizing the current legal situation with regard to minors in the digital space as fragmentary and proposing legislative approaches and solutions to avoid or minimize possible conflict situations and risks, such as digital harassment or privacy violation, which may arise in the process of further technological development and the spread of sharenting.
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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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Using Artificial Intelligence for Competitive Procurements: Legal Regulation Issues
Статья научная
Objective: to substantiate the promising directions of legal regulation of relations in the use of artificial intelligence technologies in competitive (commercial and public) procurement. Methods: the study was conducted using induction, synthesis, analogy, decomposition of problems and generalization of conclusions. The reasoning was based on the experience of a complex procurement of high-tech equipment. This real-life example was considered as an experimental model for the study and subsequent prediction of the potential use of artificial intelligence technologies in competitive procurement procedures. Results: advantages and potential risks of using artificial intelligence technologies in procurement work were formulated; recommendations on regulating such use were given. The authors highlighted recommendations of general legal nature concerning the legal personality and delictual capacity of artificial intelligence and proposed the wordings for new norms and options for regulating the use of new procurement tools. It was proved that artificial intelligence technologies, if used thoughtfully, may not only improve the work quality and significantly reduce organizational costs, but also help to develop the basic principles of regulated procurement: transparency of procedures, development of competition for contracts between qualified suppliers, reasonableness of decisions, and economic efficiency of the customer’s expenditures. Scientific novelty: despite a large number of works devoted to both the problems of artificial intelligence in general and its use in procurement in particular, the article considers this topic on the basis of mainly inductive reasoning, built on handling a particular case and experience of complex procurement for knowledge-intensive research, refracted through the prism of essential correlation between the basic concepts of “digitalization”, “automation”, “robotization” and so on. Practical significance: the directions of using artificial intelligence described in this paper can be implemented by corporate and, in the future, by public customers to improve the quality of their procurement. At the same time, the recommendations on the normative regulation of such innovation seem to be in demand both at the legislative and local levels.
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Using Artificial Intelligence in Employment: Problems and Prospects of Legal Regulation
Статья научная
Objective: to identify the legal problems of using artificial intelligence in hiring employees and the main directions of solving them. Methods: formal-legal analysis, comparative-legal analysis, legal forecasting, legal modeling, synthesis, induction, deduction. Results: a number of legal problems arising from the use of artificial intelligence in hiring were identified, among which are: protection of the applicant’s personal data, obtained with the use of artificial intelligence; discrimination and unjustified refusal to hire due to the bias of artificial intelligence algorithms; legal responsibility for the decision made by a generative algorithm during hiring. The author believes that for the optimal solution of these problems, it is necessary to look at the best practices of foreign countries, first of all, those which have adopted special laws on the regulation of artificial intelligence for hiring and developed guidelines for employers using generative algorithms for similar purposes. Also, the European Union’s and USA’s legislative work in the area of managing risks arising from the use of artificial intelligence should be taken into account. Scientific novelty: the article contains a comprehensive study of legal problems arising from the use of artificial intelligence in hiring and foreign experience in solving these problems, which allowed the author to develop recommendations to improve Russian legislation in this area. As for the problem of applicants’ personal data protection when using artificial intelligence for hiring, the author proposes to solve it by supplementing the labor legislation with norms that enshrine the requirements for transparency and consistency in the collection, processing and storage of information when using generative algorithms. The list and scope of personal data allowed for collection should be reflected in a special state standard. The solution to the problem of discrimination due to biased algorithms is seen in the mandatory certification and annual monitoring of artificial intelligence software for hiring, as well as the prohibition of scoring tools for evaluating applicants. The author adheres to the position that artificial intelligence cannot “decide the fate” of a job seeker: the responsibility for the decisions made by the algorithm is solely on the employer, including in cases of involving third parties for the selection of employees. Practical significance: the obtained results can be used to accelerate the development and adoption of legal norms, rules, tools and standards in the field of using artificial intelligence for hiring. The lack of adequate legal regulation in this area creates significant risks both for human rights and for the development of industries that use generative algorithms to hire employees.
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