Filters: Legal Issues in the Digital Age ×
Valentina V. Lapaeva
Published: Dec. 9, 2021
Law as a regulatory system based on the principle of formal equality in freedom is a social phenomenon immanently inherent in a technogenic civilization with its cultural matrix, in which “gene” of techne (skill based on knowledge) was rooted. The specifics of the current stage in the technogenic civilization development are determined by NBIK technologies, NBIK technologies, which contain not only tremendous opportunities to improve the quality of human life, but also no less large-scale dangers of dehumanization, due to their intentions on the posthuman perspectives. The need to resist the destructive potential of these technologies in order to keep …
Shubh Gupta
Reeta Sony A .L.
Published: July 27, 2021
The dawn of the neocolonial project has seen the emergence of a new space: data. Data is a raw material that can be stitched, processed and marketed in the same way as the East India Company (EIC) used to do with India’s cotton. EIC, which started as one of the world’s first joint-stock companies, turned into a wild beast, building a corporate lobby with the help of lawyers and MP shareholders to amend legislation in its favor. The EIC became a particularly atrocious and innovative colonial project that directly or indirectly controlled continents, thanks to an army larger than the …
Yuriy Truntsevsky
Vyacheslav Sevalnev
Published: May 4, 2021
The purpose of the present article is to gain an understanding of the opportunities and difficulties created by the introduction and development of the practice of network (smart) contracts. Our research methodology is based on a holistic set of principles and methods of scholarly analysis employed by modern legal science. It uses a dialectical method involving both general approaches (structural system method, formal logical method, analysis and synthesis of individual elements, individual features of concepts, abstraction, generalization, etc.) and particular methods (legal technical, systematic, comparative, historical, and grammatical methods, method of the unity of theory and practice, etc.). We analyze …
Anzhelika Izotova
Published: May 4, 2021
Analysis of ways of limiting secrecy of correspondence in Russian judicial practice
Vitaly Kalyatin
Published: May 4, 2021
The broad use of artificial intelligence in creating intellectual works poses difficulties for legislators and courts in choosing the proper legal framework for such works and defining the place of artificial intelligence in the legal system as a whole. In this article, we shall study different models of regulating such issues and analyze the prospects and consequences of their use. We show that only a few of many different models for copyrighting AI-generated works are viable and that the most promising among them is the introduction of a special limited related right for the person who organizes the use of …
Nikita Danilov
Published: Nov. 4, 2020
Analysis of confidentiality of communications in Russian judicial practice.
Elvira Talapina
Published: May 4, 2021
Digitalization has become omnipresent today. No longer limited to the security sphere, digital technologies are actively transforming society as a whole. However, the conservative institution of law does not always respond promptly to changes, and many lawyers believe that the traditional legislation in force is sufficient to handle this new object of regulation. Yet the fact is that this object cannot be called traditional from the regulatory standpoint. Technology has a powerful impact on both law and the state and so requires new solutions. Under such circumstances, it is important to gain a legal understanding of digitalization without delay. The …
Aleksander N. Kozyrin
Published: Nov. 4, 2020
The rapid development of information technologies and digitalization of the global economy is compelling the Russian customs service to quickly create an electronic customs system that can coexist alongside the traditional paper customs control. The creation of electronic customs aligns with the development strategies outlined in Presidential Decree No. 204 “On national goals and strategic development tasks of the Russian Federation through 2024” of 7 May 2018. Electronic customs contributes to the development of international cooperation, exports, and an attractive investment climate. The first results of electronic customs are impressive: more than a third of all customs declarations are registered …
Elena Ostanina
Published: Dec. 17, 2020
While the Internet promotes widespread communication, this communication is often anonymous. How to draw the line between freedom of speech and privacy? The specifics of protecting privacy and business reputation against violation by rating sites are discussed in this article. Do the activities of rating sites need special legal regulation? The author believes that the general rules on privacy and freedom of speech are sufficient for regulating these new relations. The respective court practice of Germany, the UK and the USA is analysed. The tentative conclusion is that rating sites do not contradict the law if they do not disseminate …
Ronny Hauck
Published: May 4, 2021
For several years, almost everyone has been talking about blockchain. The underlying distributed ledger technology has become (in)famous as the technology behind cryptocurrencies such as Bitcoin and Ether. But what about blockchain and intellectual property like patents and copyright? Could this technology be used for the protection and enforcement of such rights? Which role can smart contracts play in this regard? This article focuses on questions concerning the requirements for provingthe protection of technical inventions as well as on the administration and exploitation of intellectual property rights. The latter could play an important rolefor intellectual property, which has not been …