Marchenko A.Y.,

Entin M.L.

Цифровое право, Год журнала: 2022, Номер №3, С. 43 - 57

Опубликована Сен. 30, 2022

Threats posed to human rights by the rapid development of artificial intelligence (AI) are considered, along with some potential legal mitigations. The active efforts of the EU in the field of AI regulation seem particularly relevant for research considering its approach centred on citizens’ rights. Thus, the present study aims to describe the key features of the EU approach to regulating AI in the context of human rights protection, as well as identifying both its achievements and deficiencies, and proposing improvements to existing provisions. The presented analysis of the proposed AI Act pays special attention to provisions that set out …

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Cardoso O.V.

Цифровое право, Год журнала: 2022, Номер №3, С. 8 - 19

Опубликована Сен. 30, 2022

In a digitalised environment under conditions of reduced limits and boundaries between physical and virtual worlds, people’s daily activities increasingly migrate to cyberspace. For this reason, legal issues relating to encryption, deciphering and codebreaking become increasingly topical. Due to the increased vulnerability of a wide range of people to exploitation, digitalisation implies an urgent need to develop measures for preserving privacy in digital life. Increasing vulnerabilities experienced in the social environment due to the Internet and network interactions can be attributed to the erasure of boundaries between people, which is facilitated by access to their data. In terms of providing …

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Maxim I. Inozemtsev

Цифровое право, Год журнала: 2022, Номер №1, С. 8 - 19

Опубликована Март 31, 2022

The development of new technologies and the subsequent digitalization of the economy significantly affect legal relations, forcing us to rethink the usual institutions and establishing new problems that have not arisen before. The legal system can change, adapt and meet new challenges in two basic and interrelated ways: regulatory (that is, the adoption of new regulatory legal acts) and in the course of judicial resolution of legal conflicts that have developed within a particular dispute. The article provides an overview of the most significant cases considered by Russian courts in the field of digital law in 2021. A selection of …

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Marina A. Rozhkova,

Olga V. Isaeva

Цифровое право, Год журнала: 2022, Номер №2, С. 25 - 35

Опубликована Июнь 30, 0202

As well as streamlining academic research activities, contemporary technologies provide opportunities to infringe on the intellectual property of others through plagiarism. However, plagiarism has yet to be adequately dealt with in national legislations, which either do not contain any provision in this connection or fail to adequately define the relevant terms. Moreover, there continues to be much discussion as to what plagiarism is, as well as how and in what cases it should be punishable. The situation is further complicated by the various approaches to plagiarism and the lack of consensus on whether so-called “self-plagiarism” should be treated separately from …

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Bo Qin,

Su Qi

Цифровое право, Год журнала: 2021, Номер №1, С. 29 - 47

Опубликована Март 30, 2021

This research article contributes to the field of digital governance as it reviews the conceptual definition and practical application of “smart cities” in the context of urban development in China. By analyzing both firsthand interview data and secondary statistical and policy reports during the period between 2009 to 2019, we contend that the emergence of smart cities in China has evolved from a disorderly process to a more standardized one. During this process, cities made efforts to use digital technology — such as 5G, cloud computing, and the Internet of Things — in social governance, infrastructure, and industrial development. However, …

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Yan Xu,

Dun Liu

Цифровое право, Год журнала: 2021, Номер №1, С. 48 - 63

Опубликована Март 31, 2021

This paper discusses the status and implications of the employment relations and working conditions experienced by digital platform workers; the analysis is based on a survey conducted in 2017 on 1 338 workers engaged in work-on-demand via apps (WODVA) from 25 platforms in Beijing, of whom 48.8 % are full-time WODVA workers or take WODVA as their primary job. The survey finds that nearly a half of the respondents engage in platform work due to a lack of employment opportunities in formal labor markets or their permanent jobs providing insufficient income. The respondents reveal substantial decent work deficits in representation, …

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Slobodan Adžić

Цифровое право, Год журнала: 2021, Номер №1, С. 94 - 96

Опубликована Март 30, 2021

This essay reviews three books on business and society development in the context of industrialization and digitalization. The books are: Digital Strategies in a Global Market — Navigating the Fourth Industrial Revolution (Natalia Konina ed., 2021), Technology and Business Strategy — Digital Uncertainty and Digital Solutions (Igor Stepnov ed., 2021)2, and Post-Industrial Society: The Choice between Innovation and Tradition (Julia Kovalchuk ed., 2020).

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Salikhov Damir R.

Цифровое право, Год журнала: 2020, Номер №2, С. 17 - 27

Опубликована Июль 20, 2020

“Regulatory sandboxes” are regarded as a special mechanism for setting up experimental regulation in the area of digital innovation (especially in financial technologies), creating a special regime for a limited number of participants and for a limited time. Russia has its own method of experimental regulation, which is not typical but may be helpful for other jurisdictions. There are three approaches to legal experiments (including digital innovations) in Russia. The first approach is accepting special regulation on different issues. There are recent examples of special laws (e.g. Federal Law on the experiment with artificial intelligence technologies in Moscow). An alternative …

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Junzo Iida

Цифровое право, Год журнала: 2020, Номер №2, С. 8 - 16

Опубликована Июль 20, 2020

Whilst the DX policy of the Japanese government started in 2001, then called the E-Japan Strategy and being replaced a few years later by the i-Japan Strategy, in the 20 years since then IT has not been a success in Japan’s administrative system. On the other hand, the private sector, concerned about Japan’s lagging in its adoption of information technology, has been gradually moving forward to DX measures, such as electronic contracts. Then, this year, the COVID-19 pandemic broke out. Japan is (as of July 2020) about to experience a second wave of this disease. The need for DX has …

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Prudentov Roman V.

Цифровое право, Год журнала: 2020, Номер №2, С. 41 - 52

Опубликована Июль 20, 2020

This paper focuses on identifying key legal considerations and developments in the area of surveillance in Europein human rights, with its emphasis on the jurisprudence of the European Court of Human Rights. The aim of this research was to enhance and align law and practices in this area in Russiaand Europe. The author analysed the core and most novel Court cases that may be applicable to the subject matter, including by analogy, as well as the latest research in this area. This paper considers, inter alia, ability to challenge relevant law and practices in abstracto, legitimate aims justifying interference, the …

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