Journal of Digital Technologies and Law @lawjournal-digital
Статьи журнала - Journal of Digital Technologies and Law
Все статьи: 248
Статья
Objective: to contribute to the concept of neurocrime; to study the current and future risks from the viewpoint of cybersecurity in the context of digitalization and artificial intelligence development. Methods: the study uses a critical and descriptive analysis of the relationship between cybercrime and neurocrime. It provides a conceptual distinction between the brain-computer interface and its use and describes the differences between neural and mental manipulation. The legal autonomy of crimes against mental integrity in relation to crimes against physical integrity is investigated. The methodological framework includes the analysis of existing prototypes of neurocrimes based on a four-phase brain-computer interface cycle and the study of the features of neurohacking in the context of the metaverse and artificial intelligence technologies. Results: the study revealed the essential characteristics of neurohacking as the misuse of neural devices to gain unauthorized access to and manipulate neural information. Four main types of brain-computer interface applications subject to neurohacking are identified: neuromedical applications, user authentication systems, video games, and smartphone-based applications. The modalities of neurohacking were established at each phase of the brain-computer interface cycle: manipulations at the stage of neural information input, measuring and recording of brain activity, decoding and classifying neural information, as well as at the stage of the result output. The specific threats of neurohacking in the era of digitalization are analyzed, including immersive attacks and human joystick attacks in the metaverse. Scientific novelty: for the first time, a comprehensive differentiation of the concepts of neurocrime and cybercrime was carried out, highlighting their specific legal consequences. The author proposed a classification of neurocrimes based on the four-phase cycle of the brain-computer interface. The study substantiated the need to distinguish mental integrity as an independent object of legal protection, different from the protection of physical integrity. For the first time, the features of neurohacking in the context of the metaverse and artificial intelligence technologies were investigated, including the analysis of new types of attacks and threats to neurosecurity. Practical significance: the study results are important for the development of legal regulation in the field of cybersecurity and the corresponding regulations. The identified types of neurocrimes and their classification can help to create a specialized legislation on the protection of neural data and mental integrity. Practical recommendations on ensuring the neurosecurity of brain-computer interfaces are in demand in medical practice, video game industry, authentication systems, and for the development of smartphone applications.
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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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Overcoming Illegal Cross-border Transfer of Personal Data
Статья
Objective: to form of a comprehensive interdisciplinary legal and technological risk management model in the field of illegal cross-border transfer of personal data by eliminating legislative gaps and creating a system for automated control of outgoing information flows, as well as expert response to identified incidents. Methods: in addition to general dialectical and general scientific methods, special legal and cybernetic methods were used. For example, based on comparative legal analysis, the authors reveal differences between national and international regulation of cross-border flows of personal data. In the second section, the modeling method allows forming an algorithm for identifying information security incidents in the field of cross-border transfer of personal data and responding to them. Results: the article formulates proposals to optimize legislation in the field under study by introducing specialized protective norms for violating the rules of cross-border transfer of personal data and stipulating the operator’s obligation to notify personal data subjects of the intention to transfer the information abroad. The second section describes the concept of a software package designed to detect information security incidents in the field under consideration, as well as a model of action of an authorized representative of the operator after receiving a signal from the automated system. Scientific novelty: to solve the set problem, the work combines the knowledge and competencies of legal scientists and specialists in the field of information security, which allows an interdisciplinary approach. At the same time, it is stated that the issues of illegal cross-border transfer of personal data have not received proper coverage in science today, since Russian legislation in this area has changed recently. The authors propose not so much to strengthen the sanction for legislation violation in this area, as to ensure the punishment of persons who commit cyberattacks, and to equip personal data operators with an effective tool to minimize the risks of information leakage. Practical significance: the research results can be used to improve legislation in the field of cross-border transfer of personal data and the organization of activities of authorized employees of the personal data operator for risk management in this area.
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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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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
Objective: to determine the place of digital phonograms, videograms and videophonograms in the system of electronic evidence in Russian judicial proceedings, to form a unified conceptual framework and classification system to ensure effective use in procedural practice. Methods: the research is based on the universal dialectical method of cognition, general scientific methods (description, comparison, generalization, modeling, analysis, synthesis), and specific scientific methods. Special attention was paid to the system-structural analysis of regulatory legal acts, state standards in the field of information technology, and international documents regulating work with digital evidence. The author applied methods of criminalistic research, a formal legal method of interpreting procedural norms, and a comparative analysis of foreign experience in regulating electronic evidence. Results: the study identified and systematized the key reasons for the legal uncertainty of electronic evidence: a variety of representation forms, high data vulnerability, insufficient competence of the proving subjects, and inconsistency with traditional methods of evidence recording. The author developed an original classification of electronic evidence and digital phonograms, videograms, and videophonograms, using criteria such as the form of data presentation, recording method, and nature of information media. Universal definitions of the basic concepts are formulated: electronic evidence, digital evidence, digital phonogram, videophonogram, data carriers, a copy of digital evidence. The necessity is substantiated to harmonize procedural norms based on state standards of information technologies and international experience. Scientific novelty: for the first time, a comprehensive methodology was developed to form the conceptual apparatus and classification of electronic evidence, integrating state standards on information technology with criminalistic and procedural aspects of evidence recording. Universal terms and definitions were introduced, which had been absent in the current Russian legislation. They were adapted for all types of legal proceedings, taking into account the specifics of the digital environment. A typical model of working with digital evidence was proposed, with identification, collection, receipt, preservation, analysis and presentation stages. The category of digital phonograms, videograms and videophonograms was proved to be a subtype of electronic discrete digital evidence. Practical significance: the results can be used to improve procedural legislation regarding the regulation of work with electronic evidence. They can help to develop departmental instructions and practical recommendations for investigators, specialists and experts on the identification, collection, fixation, verification and evaluation of digital evidence. The proposed classification and conceptual framework contribute to the unification of approaches to the procedural design of electronic evidence. The result is minimizing procedural errors, increasing the competence of the proving subjects, and ensuring the admissibility and reliability of digital phonograms, videograms and videophonograms. The research materials are applicable in the training of lawyers, investigators, and forensic experts specializing in digital forensics.
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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 for Implementing Digital Technologies in the Administration of Justice in Zimbabwe
Статья
Objective: an intensive discussion is currently going on globally on digitalization and automation of providing services in public institutions, which corresponds to the technological development of the Fourth Industrial Revolution. The use of digital technologies is crucial to create an optimized service delivery system. In African countries, attention is increasingly paid to the automation and digitalization of judicial activities, due to concerns about the risks of influencing justice systems. In light of this, the article is aimed at forming a promising model for the introduction and implementation of digitalization in Zimbabwe courts. Methods: the research is based on the methods of scientific analysis and synthesis, deduction and induction, legal modeling, formal legal and comparative legal methods. Results: the article provides an overview of the measures taken to digitalize the system of administration of justice in various states. It also examines best practices and reveals the essence of digitalization in the judicial system in Zimbabwe. The authors identify the main existing and promising directions of the impact of digitalization on the judicial system of Zimbabwe and show the ways to promptly and effectively convert the system of justice administration into a digital format. The article identifies the advantages of digital data processing in judicial bodies and obstacles to the use of digital systems in the administration of justice. The latter result in the insufficient optimality of the Integrated Electronic Case Management System (IECMS). Scientific novelty: the study builds an optimal model for the introduction of digital technologies into the judicial system in Zimbabwe, aimed at improving the efficiency of courts digitalization and transforming the justice administration system. The authors proved that the crucial factors of achieving this goal are the auxiliary infrastructure of information and communication technologies, the level of education and awareness of citizens, and the ongoing state and legal policy. Practical significance: it is expected that the proposed model to implement digitalization in Zimbabwe courts and improve its efficiency will allow for the comprehensive and uninterrupted implementation of IECMS.
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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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Pseudonymization of Personal Data of Crypto Assets Users: Issues of Legal Regulation in Indonesia
Статья
Objective: to analyze the possibility of providing legal protection for pseudonymized personal data of crypto assets users in the legal system of Indonesia. Methods: the work uses a comprehensive legal analysis based on the study of the current regulatory legal acts of Indonesia in the field of personal data protection. The research was carried out using legislative, conceptual and comparative methodological approaches, including an analysis of the Indonesian Law on Personal Data Protection, the EU General Regulation on Personal Data Protection, and the British Data Protection Act. Results: it was established that pseudonymization of crypto assets user data in Indonesia is feasible from a legal point of view; however, the existing legislation contains significant gaps. The current Indonesian Personal Data Protection Law does not recognize pseudonymized data as a separate category of personal data subject to legal protection. The authors point out the problems with the implementation of the rule for controlling transfers of crypto assets by physical traders. As additional information for the re-identification of pseudonymized data is not stored separately, it increases the risks of privacy violations. Scientific novelty: the authors provide a comprehensive analysis of the legal mechanisms for protecting pseudonymized data in the context of cryptocurrency transactions. A conceptual model is proposed for improving national legislation on personal data protection. It implies including pseudonymized data as a separate category of protected information. Recommendations are given, which establish criteria for the legitimate re-identification of pseudonymized data to ensure legal certainty in the field of protecting crypto assets users. Practical significance: the research results can serve as a theoretical and methodological basis for reforming the Indonesian Law on Personal Data Protection and creating an effective legal mechanism for protecting crypto assets users. The proposed amendments to Article 4 of the said Law will make it possible to include pseudonymized data in the list of protected categories of personal data, which will provide legal certainty for participants in the cryptocurrency market and increase the level of their personal data protection in the digital economy.
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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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Regulatory Barriers in Digital Mergers and Acquisitions: Antitrust Regulation of Technology Sector
Статья
Objective: to determine the nature and degree of influence of the antimonopoly legislation of the European Union and the USA on mergers and acquisitions in the technology sector. Methods: the work uses a comparative and interdisciplinary approach combining legal analysis and economic modeling. The author performed a comparative analysis of the legislation of the European Union and the US, summarized antimonopoly regulation practices, and considered doctrinal sources and modern empirical data. The methods used include content analysis of regulations, case studies of the largest digital companies, and elements of forecasting the impact of regulatory changes on innovation activity and market dynamics. Results: various approaches to regulation of mergers and acquisitions in the digital economy were considered. The peculiarities of law enforcement in the European Union and the USA were analyzed. It was proved that strict antitrust measures can both restrain market concentration and create barriers to innovation. The author found that the practice of applying the EU Law on Digital Markets and the US relevant acts significantly affects structural changes in the technology sector, forming new competition models. Recommendations are given on improving international cooperation and developing common and fair regulatory standards for digital markets. Special attention is paid to the problems of determining the dominant position, regulatory control, and specific features of digital markets. Scientific novelty: the article systematically compares the regulatory regimes of the world’s leading jurisdictions through the prism of digital mergers and acquisitions. It expands the categorical apparatus through modern approaches to the analysis of network effects, competition for data, and new forms of market power. The author applies his own criterion for analyzing the comprehensive examination of transactions from the viewpoint of sustainability and innovation potential. Practical significance: the conclusions and recommendations contribute to the formation of a more flexible and adaptive regulatory policy towards technology giants, which is essential for lawmakers, regulators, corporate strategists and researchers of the digital economy.
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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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