Chhavi Sharma,

Reeta Sony

Legal Issues in the Digital Age, Год журнала: 2020, Номер №2, С. 63 - 91

Опубликована Ноя. 4, 2020

According to the World Health Organisation’s (WHO) official website for coronavirus, the disease has spread to approximately 214 countries and regions. While the disease is spreading mercilessly around the world, science and technology are giving it an equal fight. The pandemic is a test of governments’ medical capacity and their political will; it also raises several philosophical questions. It is a test of humans as a unit. A test of humanity as a whole. Artificial Intelligence (AI) is intended to imitate human cognitive functions. It will bring significant change to health care, driven by the growing accessibility of healthcare data …

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Aleksei Gudkov

Legal Issues in the Digital Age, Год журнала: 2020, Номер №3, С. 59 - 77

Опубликована Дек. 17, 2020

Internet technology makes digital value transactions between anonymous individuals possible, but leaves unanswered the question of how to resolve disputes between unidentified parties. Blockchain dispute resolution platforms provide a response to this problem. In the social dispute resolution systems for blockchain currently in use, pseudo anonymous jurors can resolve disputes between pseudo anonymous parties. This paper presents Kleros as the most illustrative blockchain dispute resolution platform BDRP. To describe the features of the Kleros dispute resolution platform and the qualification of jurors, this research employs an online dispute resolution survey of both the jurors and stakeholders of the Kleros platform. …

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Elvira Talapina

Legal Issues in the Digital Age, Год журнала: 2021, Номер №1, С. 3 - 16

Опубликована Май 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 …

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Elena Ostanina

Legal Issues in the Digital Age, Год журнала: 2020, Номер №3, С. 125 - 139

Опубликована Дек. 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 …

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Aleksander N. Kozyrin

Legal Issues in the Digital Age, Год журнала: 2020, Номер №2, С. 144 - 162

Опубликована Ноя. 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 …

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Stefano Dorigo,

Stefano Pietropaoli,

Ettore M. Lombardi,

Erik Longo

Legal Issues in the Digital Age, Год журнала: 2020, Номер №2, С. 3 - 34

Опубликована Дек. 17, 2020

We are experiencing a digital revolution that is changing the very nature of law. Digital code becomes a form of regulation through which private actors link their values to technological artifacts that prove capable of conditioning their operations both on a material and moral level. But technological artifacts appear to be non-neutral means, reflecting choices of different nature, among which those of a political nature stand out. The more the regulatory provisions are implemented through the use of technologies, the more the codes acquire the status of a regulatory technique, which can be used both to define and incorporate regulatory …

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Alexander Savelyev

Legal Issues in the Digital Age, Год журнала: 2020, Номер №2, С. 24 - 62

Опубликована Ноя. 4, 2020

The paper focuses on civil law remedies for violations of data subjects’ rights: claims for damages and claims for compensation of moral harm. Based on an analysis of academic literature, as well as of Russian and international case law, it is argued that, although these remedies are endorsed by the GDPR and other laws, they are inadequate and do not conform to the requirements for an “effective remedy” stipulated by major international legal documents on human rights. The main reasons are: 1) difficulties in proving the fact and the amount of a legally recognized category of damage because the typical …

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Lindsey Whitlow

Legal Issues in the Digital Age, Год журнала: 2020, Номер №2, С. 2 - 23

Опубликована Ноя. 4, 2020

Artificial Intelligence (“AI”) systems have become vastly more sophisticated since the term was first used in the 1950s. Through the advent of machine learning and artificial neural networks, computers utilizing AI technology have become so advanced that a team of attorneys in the United Kingdom claim that their AI machine, DABUS, actually created patentable inventions. The team went so far as to file patent applications with the European Patent Office, the UK Intellectual Property Office, and the US Patent and Trademark Office. All applications named DABUS as the inventor. This sparked a heated debate within academic and legal communities that …

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Roman Yankovsky

Legal Issues in the Digital Age, Год журнала: 2020, Номер №1, С. 3 - 31

Опубликована Июль 25, 2020

For the last five years there has been a global boom of interest in cryptocurrencies, followed by the fall of their rates; at the same time, there was a wave of enthusiasm regarding the public offering of tokens (ICO) and disillusionment in them (due partly to the active counteraction by American and other influential regulators). Disputes on doctrine moved from suggestions of a new object of property rights to prohibitive initiatives. As these eventful years have shown, the global financial system is sufficiently stable to digest even such a decentralized phenomenon as cryptocurrency. In my opinion, it is now time …

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Christophe S. Hutchinson

Legal Issues in the Digital Age, Год журнала: 2020, Номер №1, С. 32 - 53

Опубликована Июль 25, 2020

Blockchain is a catch-all term for a combination of three technologies: distributed ledger, cryptology and network protocols. The first enables storing the same info in different places, the second allows secure transactions to be recorded and then encrypted on the distributed ledger. The third element governs the network and verifies transactions across the network automatically and independently. Considered by many as “the biggest technological innovation since the Internet”1, blockchain is a decentralized, more secure and transparent model for transactions that operates on an encrypted peer-to-peer basis. This model makes trust between parties superfluous by instead placing trust in the underlying …

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