Journal articles on the topic 'Digital enforcement'
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Streltsova, E. G. "Digital Enforcement Proceedings." Lex Russica 76, no. 10 (November 5, 2023): 135–45. http://dx.doi.org/10.17803/1729-5920.2023.203.10.135-145.
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One of the directions of digitalization is the introduction of digital enforcement proceedings. The paper analyzes the specifics of digital enforcement proceedings in relation to the previous stage of legal protection — judicial and extrajudicial procedures; the problems of eliminating legal and factual errors made at the stage of confirming the right and the compatibility of the mechanism of restitution with digital enforcement proceedings. The compatibility of the current rules of enforcement proceedings with summary digital enforcement proceedings and the risks of additional budget expenditures associated with an imperfect mechanism for a writ of restitution in digital enforcement proceedings are evaluated. There are three ways to enforce proceedings in which information technologies can be involved: simplified foreclosure on funds, foreclosure on other property, foreclosure on digital assets. It is proved that the summary enforcement proceedings applied to monetary penalties should exclude the possibility of recovery through banks and the employer. Based on the analysis of statistical data, it is demonstrated that most of the penalties will require a transition from digital enforcement proceedings to ordinary enforcement proceedings, therefore, a solution is required to regulate the issues of granting a term for voluntary execution, collection of enforcement fees, seizure of property, etc. In ordinary enforcement proceedings, the use of information technology should be aimed at solving the problem of detecting the property of a non-performing debtor; this requires legislative and technological solutions for cross-analysis of information, a single database of information on debt obligations, available funds, the property of a person and their expenses, combined with a base that provides the possibility of applying typical prohibitions, deprivation of typical benefits and privileges. It is concluded that in order to promote national jurisdiction in cross-border disputes, it is necessary to develop the direction of dispute resolution in relation to digital assets, and specific measures for this development are proposed.
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Khatov, Eduard B. "Digital Prosecutor’s Assistant or Digital Prosecutor?" Russian Journal of Legal Studies (Moscow) 10, no. 1 (April 18, 2023): 87–92. http://dx.doi.org/10.17816/rjls109325.
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The research examines some aspects of the digitalization of law enforcement. The author selectively analyzes relevant regulatory framework and a number of domestic and foreign examples of the use of artificial intelligence in the activities of law enforcement agencies and the prosecutor's office. He notes the problems of introducing artificial intelligence into the work of law enforcement officers and identifies the most promising areas of activity, primarily analytical ones, for the use of digital assistants by prosecutors. Based on the results of the study, the author concludes that the proliferation of digital assistant programs which eliminate routine work and increase the effectiveness of supervision is inevitable, and he also predicts the emergence of digital prosecutors in the foreseeable future.
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Shondirov, Ruslan Khazrailovich. "DIGITAL TRANSFORMATIONS IN LAW ENFORCEMENT." Journal of Applied Research, no. 3 (2023): 157–60. http://dx.doi.org/10.47576/2949-1878_2023_3_157.
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Tešić, Nenad. "On enforcement in digital assets." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 4 (2023): 1161–206. http://dx.doi.org/10.5937/zrpfns57-48237.
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Digital assets are becoming increasingly important in today's society. Crypto currencies and crypto-tokens are considered as property by market participants and, more recently, by the courts. Recognition of the economic value of digital assets has also raised the issue of the possibility of forced execution on this subject - matter. As of 2020, digital property in the Republic of Serbia is regulated by a special law, including the collection of claims secured by digital assets. However, for the execution of unsecured claims on digital assets, the legislator refers to the general rules of the Law on Enforcement and Security. Such a legislative approach raises numerous dilemmas. It remains unclear: which enforceable title can be used as a basis for execution against digital assets; what kind of claims can be settled in this way; how the creditor has to specify the subject - matter of the enforcement; how to prevent the debtor from disposing of digital assets despite the commencement of enforcement procedure; how to secure the cooperation of debtors as well as third parties (i.e. custodians) in terms of information disclosure, transfer of private key etc. The very nature of crypto assets implies decentralisation, volatility and the ability to vanish ("disappearability"). These inherent characteristics make cryptoassets the challenging subject for enforcement. Accordingly the legal rules in this case should be fine-tuned in a way that is to a reasonable extent creditor-friendly in terms of efficiency, without neglecting the appropriate balance with the principle of proportionality in enforcement, as well as the compliance of enforcement agents' actions with fundamental rights and ethical principles, such as the protection of privacy etc. Digital assets can easily be transferred - "in the blink of an eye" - from one account to another, from an online wallet to an offline wallet, from one owner to another or (divided into smaller parts) to multiple owners, from one digital assets to another, from one jurisdiction to several etc., which makes the enforcement process extremely complex and, in some cases, even impossible. Therefore, enforcement procedure on digital assets must be particularly urgent. In this context, it is common for the creditor to request some form of interim measure - a pre-judgment attachment of digital assets - which the court should decide on in a short period of time. Ideally, this measure should have global effect, not limited to a single state or jurisdiction. In legal literature, such a measure is generally referred to as a "worldwide freezing order", which is intended to be universally enforceable without prior recognition by national courts. In addition, the law should allow the creditor to seek an injunction in respect of specific digital assets without identifying the holder(s) - in relation to unknown person(s).
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Achleitner, Ranjana Andrea. "Das Durchsetzungsregime im Digital Markets Act: Private Enforcement unerwünscht?" Zeitschrift für öffentliches Recht 78, no. 2 (2023): 287. http://dx.doi.org/10.33196/zoer202302028701.
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Samusevich, A. G. "Digital law enforcement: Theory and practice." Siberian Law Herald 4 (2022): 22–28. http://dx.doi.org/10.26516/2071-8136.2022.4.22.
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The problems of theoretical understanding and practical development of digital law enforcement are considered. Various modern scien-tific approaches to the concept and features of digital law enforcement, as well as to the digitalization of individual stages of the law enforcement process in various legal procedures are analyzed. The characteristic of digitalization of the stages of law enforcement is given. It is concluded that the process of law enforcement can be digitalized only at some stages (stages) of law enforcement activity. When making legal decisions, the use of digital tools today seems difficult due to a variety of theoretical and technical circumstances. The author comes to the conclusion that it is premature to talk about the complete digitalization of the law enforcement process at the present time.
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Wolski, Dominik. "Private antitrust enforcement in digital market." Bratislava Law Review 4, no. 2 (December 31, 2020): 147–60. http://dx.doi.org/10.46282/blr.2020.4.2.210.
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The increasing popularity of private antitrust enforcement in the EU is reflected by number of antitrust damages claims in the member states, following the transposition of the Damages Directive. Meanwhile, rapid growth of digitization in every aspect of social and economic life, particularly in business like commerce and services, has taken place. Recently, the above phenomenon was intensified by COVID-19. This paper aims at discussing private antitrust enforcement and antitrust damages claims in the context of digital transformation of the market. To this extent, there are several main characteristics of the market (e.g. multi-sided platforms, the role of third-party sellers, etc.), that have to be taken into consideration in the above discussion.
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Gayer, A. "Copyright Enforcement in the Digital Era." CESifo Economic Studies 51, no. 2-3 (January 1, 2005): 477–89. http://dx.doi.org/10.1093/cesifo/51.2-3.477.
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Danaher, Brett, Michael D. Smith, and Rahul Telang. "Copyright enforcement in the digital age." Communications of the ACM 60, no. 2 (January 23, 2017): 68–75. http://dx.doi.org/10.1145/2979673.
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Balogh, Virág. "Digitalization and consumer protection enforcement." Institutiones Administrationis 2, no. 1 (July 22, 2022): 85–99. http://dx.doi.org/10.54201/iajas.v2i1.42.
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The era of “new consumer protection” is marked by maximum harmonization rather minimum harmonization, (more) policy-based approach, legislation driven by the fast-emerging ecosystem of digital platforms, the strengthening of collective remedy and agency enforcement, and more cooperation between Member State regulatory bodies and EU Commission. All of the above phenomenae emphasize changing directions and methods of consumer protection enforcement: digital platforms present a unique set of issues that trigger different policy solutions, mostly based on the findings of behavioral economics. The practices of digital platforms usually affect consumers in more than one Member State, thus EU-wide cooperation is more likely to happen vis-à-vis digital platforms than other traders. Individual remedies against digital platforms – due to their immense size – result in little change. The European Consumer Protection Cooperation Network is highly likely to open cases with regards to digital platforms. In Hungarian law, EU-wide coordination complements an already existing rich practice of the Hungarian Competition Authority in the field of unfair commercial practices. In the future, where quite possibly, the number of cases against digital platforms will grow, the issue of cooperation will grow even more important.
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Donegan, Michael. "Crime script for mandate fraud." Journal of Money Laundering Control 22, no. 4 (October 7, 2019): 770–81. http://dx.doi.org/10.1108/jmlc-03-2019-0025.
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Purpose The purpose of this paper is to critically analyse research surrounding mandate fraud and to devise a crime script identifying the crime commission process. It is hoped this will assist in standardising investigation of mandate fraud by law enforcement. Design/methodology/approach The design of this paper follows on from the approach taken by van Hardeveld et al. (2017) in identifying a cybercrime script for carding activity. The current environment surrounding the investigation of digital fraud in the UK is examined through a review of the existing literature. Analysis of the crime commission process for mandate fraud is then outlined in a potential crime script identifying possible intervention points for law enforcement. Findings UK law enforcement’s current response to digital fraud is struggling to provide positive outcomes for victims. There is inconsistency in the investigative approach and practical issues surrounding how the digital fraud problem is tackled. Changing the emphasis of digital fraud investigation to focus on the money laundering networks based in the UK also needs to be considered. Standardising investigation into digital fraud by mapping out digital criminality using crime scripts and routine activity theory could be beneficial for law enforcement. The results of this process could also assist in effectively identifying where law enforcement resources may be best deployed to solve some of the practical issues highlighted. Originality/value There is little literature directly focused on a crime script for mandate fraud. This is despite it being a significant contributor to fraud losses in the UK. For law enforcement, both digital and financial investigation skill sets are required to investigate such offences. Therefore, mapping the crime commission process has significant value for clearly identifying investigative intervention points.
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Ageeva, G. E. "Digital Transformation of Enforcement Proceedings: Russian Experience." SHS Web of Conferences 71 (2019): 02009. http://dx.doi.org/10.1051/shsconf/20197102009.
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In this study, the author considers the main problems of digital modernization concerning enforcement proceedings in the Russian Federation. Generation and further enhancement of the digital space have determined the vector of legal regulation in the implementation of any social processes several years ago. Various aspects of the economic, legal and other spheres of public life were reformed. Changes in various areas of enforcement proceedings occurred in stages, sequentially and in plain consideration with the specific features of legal relationships. However the digital transformation of enforcement proceedings has not yet come to its final stages. Many researchers note the “unavailability” of both legislation and law enforcement procedure for the changes that are taking place as well as to the final establishment of such changes as the basic and fundamental rules of law enforcement. In addition, the existing fragmentary regulation in the process of law enforcement gave rise to many problems. In this article the author attempts to identify the positive and negative experience of digital modernization of Russian law enforcement practice and define suggestions that could improve the process.
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Yakovleva, Svetlana, Wessel Geursen, and Axel Arnbak. "Kaleidoscopic data-related enforcement in the digital age." Common Market Law Review 57, Issue 5 (October 1, 2020): 1461–94. http://dx.doi.org/10.54648/cola2020744.
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The interplay between competition, consumer and data protection law, when applied to data collection and processing practices, may lead to situations where several competent authorities can, independently, carry out enforcement actions against the same practice, or where an authority competent to carry out enforcement in one area of law can borrow the concepts of another area to advance its own goals. The authors call this “kaleidoscopic enforcement”. Kaleidoscopic enforcement may undermine existing coordination mechanisms within specific areas, and may lead to both the incoherent enforcement of EU rules applicable to data, and to sub-optimal enforcement. An EU level binding inter-disciplinary coordination mechanism between competition, consumer and data protection authorities is needed. Now the Commission has announced ambitious plans to enhance the coherent application of EU law in several areas, it is the perfect time to work towards creating such an enforcement mechanism.
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Hasibuan, Edi Saputra. "AI Used in Electronic Traffic Law Enforcement as Law Enforcement Evidence in Digital Era." Interdisciplinary Social Studies 2, no. 11 (August 31, 2023): 2612–16. http://dx.doi.org/10.55324/iss.v2i11.534.
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Background: It is undeniable that in the revolutionary era, technological advances developed so rapidly and had an impact on the legal system in Indonesia. To keep up with these developments, the use of artificial intelligence as a national legal instrument is very important. Aim: This research was done to find out how important the sustainable development of law is and to explore the potential of using artificial intelligence in improving efficiency, justice and law enforcement in the digital era through Electronic Traffic Law Enforcement (ETLE). Method: In this study, the authors used a normative type of juridical research. This research is intended to determine the need for legal development in digital and the role of ETLE as evidence of law enforcement in the digital era. Findings: Indonesia's positive law must adapt to technological advancements to ensure justice, certainty, and community benefits. Utilizing national legal support facilities and infrastructure, particularly law enforcement, is crucial in the digital era.
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Westkamp, Guido. "Digital Copyright Enforcement after Article 17 DSMD." Zeitschrift für geistiges Eigentum 14, no. 4 (2022): 400. http://dx.doi.org/10.1628/zge-2022-0031.
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Kochenko, Ihor. "Development of the Future Law Enforcement Officer Digital Competence as a Modern Pedagogical Phenomenon." Bulletin of Luhansk Taras Shevchenko National University 2, no. 1 (349) (2022): 46–58. http://dx.doi.org/10.12958/2227-2844-2022-1(349)-2-46-58.
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The paper reveals the problems of meaningful development of future law enforcement officer digital competence. A number of similar and sometimes identical concepts are analysed, their relationship with each other is determined, and significant differences are identified. These concepts include information (digital) culture, information (digital) literacy, and a number of others. Based on a comparative analysis, the content components of future law enforcement officer digital competence are identified, and the author's interpretation of the concept of digital competence is proposed and justified. The paper notes that digital competence is a logical continuation of the «evolutionary» chain of concepts associated with informatization processes. The author's concept of future law enforcement officer digital competence has been formulated in the paper. It is an integrative characteristic of the law enforcement officer's personality as a professional which dynamically combines the knowledge, abilities, skills and relationships to use the capabilities of digital resources and digital tools as well as reflects the willingness, competence and responsibility to apply digital technologies to solve professional problems.
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Kovtun, Yuri A., Eduard A. Vinokurov, Irina Y. Kapustina, Andrey V. Lagutochkin, and Dmitry V. Stepanov. "International trends in the interaction between law enforcement bodies in the digital space." LAPLAGE EM REVISTA 7, Extra-D (July 22, 2021): 560–65. http://dx.doi.org/10.24115/s2446-622020217extra-d1138p.560-565.
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The authors substantiate the feasibility of introducing digital technologies into modern law enforcement. The position on the need for normative consolidation of the procedure for the creation and use of international databases of law enforcement agencies based on blockchain technology, and the introduction of artificial intelligence technologies is substantiated. The need for a phased, but offensive implementation of digital technologies in law enforcement is determined. The main task for successful international integration is the complete digitalization of law enforcement within each country and on the basis of uniform standards that will allow all individual law enforcement agencies to be combined into a single international law enforcement agency.
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Akhgar, Thomas, and David du Parc Braham. "Competition enforcement and regulatory alternatives." Competition Law Journal 20, no. 4 (December 28, 2021): 187–93. http://dx.doi.org/10.4337/clj.2021.04.05.
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The concurrency arrangements under the Competition Act 1998, which enable the sector regulators to enforce ex post competition law alongside their ex ante regulatory powers, aim to promote competition across the regulated sectors. As well as this well-established arrangement, following a range of reports indicating the limitations of ex post competition enforcement in digital markets, the Competition and Markets Authority has more recently taken on a new role in relation to pro-competitive regulation in digital markets, expanding its remit to a new regulatory function. This article considers the UK's approach of applying the right balance of competition enforcement and regulatory alternatives to ensure competition is promoted via the most effective means possible.
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Vinogradova, E. V., T. A. Polyakova, and A. V. Minbaleev. "Digital profile: the concept, regulatory mechanisms and enforcement problems." Law Enforcement Review 5, no. 4 (January 5, 2022): 5–19. http://dx.doi.org/10.52468/2542-1514.2021.5(4).5-19.
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The subject of the research is the legal nature of the digital profile of a citizen, as well as a set of legal norms regulating digital profiling relations in Russia.The comparative method, the method of system analysis, as well as the method of legal modeling are used in the article.The purpose of the article is to confirm or disprove the hypothesis that legal regulation is not the only mechanism for regulating relations in the field of digital profiling.The main results, scope of application. The article studies the phenomenon of digital profile, the main approaches to the digital profiling as well as the circumstances that have caused the state's interest in digital profiling. The creation and operation of a digital profile should be aimed at achieving the goal set out in the legislation. The digital profile is a set of relevant, reliable information about individuals and legal entities formed in the unified identification and authentication system or other information systems of state and local government authorities. The formation of a digital profile is carried out in order to provide data to authorities, legal entities and persons who have requested access to this information through the digital profile infrastructure. The analysis of the Russian legal regulation of relations in the field of digital profiling is presented, the problems of enforcement practice are identified. The analysis revealed the main differences between the digital profile and related categories, including social scoring, the unified population register and others. The comparison of a digital profile with a digital avatar and a digital character was carried out. It is extremely important to pay close attention to the problems of digital profiling both at the level of fundamental and applied scientific research. At the state level, it is important to strategically determine what a digital profile is, as well as formulate the main directions of the digital profiling development, challenges and risks. The importance of the development of digital profiling for unified system of public authorities in the Russian Federation is outlined.Conclusions. The analysis of the emerging practice of digital profiling in contemporary society shows that legal regulation does not always allow us to keep up with the rapidly developing relations in this area. The possibility of using other mechanisms should be considered. The use of mechanisms of regulatory experiments can also be considered as special mechanisms for regulating relations in the field of digital profiling. The goal of the research has been achieved, the legal nature of the digital profile has been revealed, approaches to regulating this phenomenon in the conditions of digital transformation have been proposed.
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Bergkamp, Penelope. "The Proposed EU Digital Markets Act: A New Era for the Digital Economy in Europe." European Company Law 18, Issue 5 (September 1, 2021): 152–61. http://dx.doi.org/10.54648/eucl2021020.
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The analysis presented in this article suggests that the Digital Markets Act (DMA) would be a game-changer for the digital economy. From a legal perspective, the DMA should be regarded as a sector-specific, ‘ex ante’ regulation, i.e., a ‘lex specialis’ in relation to the general EU competition law, which relies on ‘ex post’ enforcement. The DMA restricts self-interested behaviour by ‘big tech’ and grants smaller competitors affirmative competitive rights, even where there is no anticompetitive behaviour by big tech under general EU competition law. By its terms, the DMA is aimed at ensuring ‘contestable and fair digital markets’, irrespective of consumer welfare. To achieve this objective, it will impose generic obligations on big tech that resemble remedies previously employed by the Commission in specific antitrust enforcement measures or that address antitrust complaints that the Commission is currently investigating. Unlike conventional EU competition law, despite the DMA’s stated purpose, its main effect is not protection of European internet users (although they may benefit indirectly), but the protection of smaller European competitors against US ‘big tech’. These smaller competitors would no longer need to resort to the current system of ex post enforcement against abuse of monopoly power, which is believed to be insufficiently equipped to deal with digital monopoly power. Antitrust proceedings take a long time (five years or more is no exception), and in the meantime the competitive harm can increase. In many cases, the DMAwould make reliance on this slow, ex post enforcement program unnecessary. Instead, it would enable ‘ex ante’ enforcement actions to ensure competitive markets under the threat of very large fines. Due to its far-reaching terms, the DMA would likely require changes to the business models of big tech. The DMA restates Adam Smith’s famous quip ‘[i]t is not from the benevolence of the butcher, the brewer, or the baker that we expect our dinner, but from their regard to their own interest’. For the digital economy, the saying would be rewritten as: ‘It is not from the regard for their own interest of the gatekeepers that we expect our dinner, but from their benevolence’. Mandatory ‘big tech benevolence’ may well benefit ‘business users’, i.e., people or companies that use platforms to provide goods or services to internet users. Changes in big tech’s business models prompted by the DMA, however, might also affect free internet services. In any event, the DMAwould give rise to significant changes and friction in the operation of the digital economy, which may result in frequent disputes and enforcement actions.
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Khisamova, Z. I. "Using a digital payment infrastructure for criminal incomes legalization: main trends." Russian Journal of Economics and Law 16, no. 2 (June 8, 2022): 370–78. http://dx.doi.org/10.21202/2782-2923.2022.2.370-378.
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Objective: to identify the main trends in using the digital payment infrastructure for the legalization of criminal revenues. Methods: the methodological basis of the research is a set of methods of scientific cognition, including analysis, synthesis, analogy and comparison.Results: assessing the law enforcement practice in the field of using the digital payment infrastructure for the legalization of criminal revenues and the activities of law enforcement agencies in the field of money laundering at the global level, the author identified and analyzed the following main trends: a) the convergence with the position of the group developing financial measures to combat money laundering in terms of regulation, despite the absence of uniform rules; b) the active inclusion into the sphere of criminal legislation of norms aimed at prohibiting the use of digital assets for money laundering;the problem of jurisdictions and the lack of supranational regulation mechanisms; d) the consolidation of law enforcement efforts and joint operations to curb criminal activity; e) the active use of the confiscation The author comes to the conclusion that the initiative of the Russian Ministry of Internal Affairs and other law enforcement agencies to develop a mechanism for the confiscation of digital assets in the absence of positive regulation seems to be a very inaccurate solution, although determined by the objective circumstances and criminogenic situation.Scientific novelty: the study evaluates the law enforcement practice in the field under consideration and the activities of law enforcement agencies in the field of money laundering at the global level; it highlights the key trends in the use of digital payment infrastructure for money laundering.Practical significance: the main provisions and conclusions of the research can be used by legal scholars, legislators, lawyers and law enforcement officers in the development and improvement of mechanisms to counter the use of digital payment infrastructure for the legalization of criminal revenues.
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Mouton, Jeanne. "The challenges for private competition law enforcement concerning anticompetitive conducts in digital markets." YEARBOOK OF ANTITRUST AND REGULATORY STUDIES 15, no. 26 (December 2022): 9–32. http://dx.doi.org/10.7172/1689-9024.yars.2022.15.26.1.
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The paper reviews literature on theories of harm in digital markets, and the specific difficulties in quantifying the damage in private enforcement of competition law. The development of a tentative case-law on private enforcement in digital markets in the European Union is studied next, in comparison to the US antitrust practice, differentiating between businesses or consumers filing damages claims. Finally, the paper raises the specific issues posed by the digital economy for competition law claims for damages, and explores the idea of extending the presumption of harm also to abuse of dominance in digital markets, as well as making private parties aware of cease and desist injunctions or filing for private enforcement remedies.
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Achiume, E. Tendayi. "Digital Racial Borders." AJIL Unbound 115 (2021): 333–38. http://dx.doi.org/10.1017/aju.2021.52.
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It is the core and intended function of borders to discriminate. Descriptively, their purpose is to differentiate or distinguish among different categories of persons, sorting those who may enter and belong from those who may not. But it is also a core function of modern borders to discriminate in the normatively prejudicial sense—they allocate fundamental human rights differentially on the basis of race, gender, class, national origin, sexual orientation, and disability status, among others. In this essay, I briefly sketch what I have described elsewhere as the contemporary system of racial borders: border regimes that variously allocate and curtail mobility and migration on a racial basis, largely relying upon facially race neutral mechanisms. Second, I reflect on the increasing prevalence of digital technologies in border regimes and their enforcement, with an emphasis on their racial implications, drawing from my recent report to the UN General Assembly on racial discrimination in digital border enforcement. The contribution of this essay is thus to reflect on the co-constituting and mutually reinforcing effects of racial borders and digital borders, which require specific attention together as digital racial borders.
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Oppong, John Kwaku. "Evidence Confidentiality and Digital Forensic Experts." Advances in Multidisciplinary and scientific Research Journal Publication 1, no. 1 (July 26, 2022): 161–66. http://dx.doi.org/10.22624/aims/crp-bk3-p26.
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Digital forensics has increasingly galloped into the space of criminal justice and law enforcements as a unique tool for evidence and its dissemination. Technological advancement in database and information has also made digital forensics an important tool in law enforcement and judicial proceedings. On the other side of the coin, evidence confidentiality is an indefinite concept and one that is very dynamic and intricate. Therefore, the services of forensic experts in the digital forensic field are often required due to the significance of digital evidence to many investigations. This paper provides a brief information about evidence confidentiality and digital forensic experts. Keywords: Digital Forensics, Evidence, Confidentiality, Forensic Experts, Justice, Law. BOOK Chapter ǀ Research Nexus in IT, Law, Cyber Security & Forensics. Open Access. Distributed Free Citation: John Kwaku Oppong (2022): Evidence Confidentiality and Digital Forensic Experts Book Chapter Series on Research Nexus in IT, Law, Cyber Security & Forensics. Pp 161-166 www.isteams.net/ITlawbookchapter2022. dx.doi.org/10.22624/AIMS/CRP-BK3-P26
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Małobęcka, Iga. "Facebook enforcement “saga”: How to enforce competition, consumer, and data protection laws in the digital economy." Studia Iuridica, no. 89 (May 2, 2022): 189–215. http://dx.doi.org/10.31338/2544-3135.si.2022-89.10.
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The digital economy has brought new challenges to the enforcement of consumer, competition, and data protection laws as certain market practices (in particular, data practices) can simultaneously infringe all these three areas of law. However, the interdependence between consumer, competition, and data protection laws in the digital economy has so far been rarely reflected in their enforcement by national agencies. As evidenced by the Facebook enforcement “saga”, uncoordinated enforcement efforts by competition, consumer, and data protection agencies, which act in silos and focus only on national perspective, pose a threat to the effective protection of consumer welfare and data subject (consumer) rights in the EU. Therefore, it is proposed to introduce cooperation mechanisms between different agencies, both at the EU and national level, in cases involving practices that may potentially infringe all three areas of law and present a risk to sustainable development of the digital economy. It is argued that only a coordinated, cross-institutional, and multi-disciplinary enforcement can provide an effective response to such practices applied by digital giants, such as Facebook, Google, Amazon or Apple, and ensure that consumer welfare and data subject (consumer) rights are not compromised.
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Rosenthal, Danny. "Assessing Digital Preemption (And the Future of Law Enforcement?)." New Criminal Law Review 14, no. 4 (2011): 576–610. http://dx.doi.org/10.1525/nclr.2011.14.4.576.
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Like “child-safe” toys, modern technological tools can be designed to prevent users from harming themselves and others. For instance, vehicle manufacturers are testing cars that would automatically brake when a collision is imminent. And digital programming can target moral as well as physical harms. The iPhone was designed to allow Apple to remove applications from users’ devices, a capability it utilized to excise sexually suggestive applications in early 2010. Government may increasingly seek to manipulate digital design to make it difficult or impossible to break laws using digital devices. In a 2008 book, Jonathan Zittrain discusses this approach, which he calls “preemption.” Zittrain argues persuasively that digital preemption gives serious cause for concern. But he admits that “our instincts for when we object to such code are not well formed.” This article attempts to fill that gap by connecting digital preemption to existing literature and analyzing the most significant unexplored risks of digital preemption. The article starts by situating preemption among related enforcement techniques. Next, the article explores two key objections to digital preemption that have not been developed in previous discussions. The article concludes with policy suggestions.
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Voronin, M. I. "Characteristics of Electronic (Digital) Evidence Assessment." Actual Problems of Russian Law 16, no. 8 (September 4, 2021): 118–28. http://dx.doi.org/10.17803/1994-1471.2021.129.8.118-128.
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In modern criminal procedure law enforcement practice, the assessment of electronic (digital) evidence is carried out according to the general rules for assessing evidence, regulated by the criminal procedure law. At the same time, the courts often do not take into account the electronic (digital) nature of the type of evidence under consideration, which sometimes leads to an erroneous criminal legal qualification of the act or to other incorrect conclusions in the final procedural decision. Scientific comprehension of a new source of information in the system of normatively established evidence is in its active phase (and is still far from completion). However, this analysis of theoretical views and law enforcement, primarily judicial, practice makes it possible to put forward proposals for a phased reform of the criminal procedural law and adjusting law enforcement on the basis of obvious and the features of electronic (digital) evidence, which do not cause fundamental objections, concerning their essence, the specifics of collection, verification and evaluation. The paper focuses on such an element of establishment of evidence as evidence assessment, since, due to the fact that it is less formalized, the courts quite often make mistakes when assessing the relevance, admissibility and reliability of electronic (digital) evidence.
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McGarrity, Nicola, and Keiran Hardy. "Digital surveillance and access to encrypted communications in Australia." Common Law World Review 49, no. 3-4 (February 26, 2020): 160–81. http://dx.doi.org/10.1177/1473779520902478.
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Australia’s counterterrorism laws have significantly expanded the powers of its law enforcement and intelligence agencies with regard to digital surveillance. In this article, we explain and evaluate Australia’s counterterrorism laws with respect to intercepting telecommunications, other forms of digital surveillance and access to encrypted communications. We focus on the statutory powers held by federal law enforcement agencies and the Australian Security Intelligence Organisation (ASIO), Australia’s domestic security intelligence agency. These powers confirm several important trends. They have further blurred the lines between intelligence and evidence and they have granted law enforcement and ASIO extraordinary powers to modify consumer technologies. They also create significant potential for conflict of laws across national boundaries. Significant strengthening of existing accountability mechanisms is needed to ensure public transparency and reduce opportunities for misuse.
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Ariani, Nevey Varida. "Enforcement of Law of Copyright Infringement and Forgery with the Rise of the Digital Music Industry." Jurnal Penelitian Hukum De Jure 21, no. 2 (June 24, 2021): 223. http://dx.doi.org/10.30641/dejure.2021.v21.223-236.
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The current pandemic situation encourages musicians to be productive in creating digital works such as songs and music so that their creative works can produce moral and economic values. However, infringement and forgery of digital music works are rampant. The issue of royalties is still a problem in the digital music industry in Indonesia, including new challenges to the role of aggregators and Collective Management Organization. The problem of this research is how the enforcement of the law of copyright infringement and forgery is with the emergence of the digital industry. This research used a qualitative method with a normative juridical approach. The results of the research showed that the increasing and complicated law enforcement related to digital music copyright is influenced by regulations such as complaint offense that hindered the law enforcement. The process of coordination and supervision between the Civil Servant Investigator (PPNS) of the Directorate General of Intellectual Property and other law enforcement officers needs to be improved. Law enforcement includes payment of compensation, termination of certain activities that cause harm to creators and owners of related rights, obligation to withdraw from circulation, revocation of business licenses, termination of business activities, and the last resort of ultimum remedium in the form of criminal sanctions. Dissemination of information and knowledge regarding IPR law and its derivative regulations including Government Regulation No. 50 Year 2021 carried out by the government is part of the legal protection of the society to increase public legal awareness in the digital era.
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Mironov, Rinat. "Social management technologies in the development of digital interaction between penal enforcement agencies and the police for the prevention of offenses by persons sentenced to criminal penalties without isolation from society." Юридические исследования, no. 7 (July 2022): 44–63. http://dx.doi.org/10.25136/2409-7136.2022.7.37375.
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In the article, as part of the improvement of social technologies in law enforcement, the mechanism of digital interaction between the penal enforcement system (hereinafter, the UIS) and the internal affairs bodies (hereinafter, the ATS) in the conditions of a modern network society and the expected transition of the domestic economy to its digital model is described. The purpose of the article is to study the organizational, managerial and technological capabilities between the services and divisions of the UIS and the Department of Internal Affairs for the detection, prevention and suppression of offenses by those sentenced to criminal penalties without isolation from society, the establishment of official and functional powers of employees of the criminal executive inspections of the UIS and the police of the Department of Internal Affairs. The objectives of the work are to determine the role of interaction between the services and divisions of the UIS and the ATS, to eliminate functional contradictions in order to improve supervision and control over registered persons and the organization of digital management to ensure security and law and order in the municipal and regional territory they serve. The article is prepared on the basis of an analysis of the norms of law, departmental normative legal acts, law enforcement and law enforcement practice of law enforcement agencies based on the provisions of the theory of social management, cybernetics, information analysis, digital information, the latest achievements in the field of interdisciplinary scientific research. The study uses general scientific and special legal means and methods of cognition that ensure the complexity of the organizational and legal study of the system of joint law enforcement activities. The novelty of the work is predetermined by the hypothesis about the network structure of society adopted as a basis. The relevance of the work is due to the course proposed by the President of Russia to build a digital economic system – as an urgent need to maintain the competitiveness of the domestic economy among the major economies of the global world order. In this regard, the developed mechanism of digital interaction of the studied bodies is an integral part of the digital economy, which in turn determines the mechanism for improving social technologies of public administration in the law enforcement sphere.
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Mironov, Rinat. "Capabilities of mathematical modeling of network interaction of the law enforcement authorities." Юридические исследования, no. 1 (January 2020): 36–46. http://dx.doi.org/10.25136/2409-7136.2020.1.30418.
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The subject of this research is the mechanism of integrated cooperation of law enforcement authorities, which due to application of modern technologies and capabilities of mathematical modeling and with consideration of the current political, organizational and normative-legal factors of counteracting criminality, would allow eliminating the organizational and management contradictions between the virtually established vertical-subordination model of interaction of the law enforcement authorities and the framework of public administration. The goal of this work consists in introduction of the basic foundations of mathematical modeling of interaction of law enforcement authorities at the intersection of two scientific directions – game theory and social network analysis, in the process of improving social technologies of public administration in the law enforcement sphere. The article is prepared on the basis of law enforcement practice leaning on the positions of social administrative theory, cybernetics, information analysis, and most recent achievements in the area of cross-disciplinary studies. The scientific novelty is defined by the hypothesis on the network social structure. Due to this fact, the developed mechanism of network interaction of law enforcements authorities [4, p. 31-41] is an element of digital economy responsible for solution of economic-mathematical problems, which in turn, substantiates the mechanism of improvement of social technologies of public administration in the law enforcement sphere.
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Filby, Michael. "Digital piracy: utilising efficient digital distribution models as an alternative to strengthening enforcement." International Journal of Private Law 4, no. 4 (2011): 488. http://dx.doi.org/10.1504/ijpl.2011.042687.
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URZICEANU, RAMONA-MIHAELA, and VALENTINA-SIMONA PAŞCALĂU. "DIGITAL MARKETING REGULATIONS." Agora International Journal of Juridical Sciences 13, no. 1 (October 29, 2019): 25–30. http://dx.doi.org/10.15837/aijjs.v13i1.3729.
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The General Data Protection Regulation (GDPR) is a European law which grants rights regarding an individual’s personal data. Having been adopted in April 2016, its enforcement became effective as of 25th May 2018.This article aims to highlight who should do this, what exactly they should do and how to do it. Learn about the scope of GDPR in digital marketing, the definition of a personal data breach, the rights of data subjects, incident response under GDPR and more.
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Goanta, Catalina, and Jerry Spanakis. "Discussing The Legitimacy of Digital Market Surveillance." Stanford Journal of Computational Antitrust, no. 2 (April 25, 2022): 44–55. http://dx.doi.org/10.51868/12.
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Legal compliance is increasingly becoming digital, and that is a fact. In shaping its digital future, in the past years, the European Union has been proposing one legal reform after another, such as the Digital Services Act package or the AI Act. A common thread in these developments is the policy reflection on not only how to update or make new rules for digital markets but also how to enforce them effectively. This has already been reflected in earlier instruments such as the Consumer Protection Cooperation Regulation or the Digital Market Surveillance Regulation. Although necessary for checking legal compliance, resulting digital enforcement practices need fast innovations from an interdisciplinary scientific space, (e.g., law/computer science/behavioral sciences) which is in its infancy. The pursuit of developing “tools” that can monitor market actors or detect harmful behaviors requires, at a minimum, clear legal interpretations, the translation of these interpretations into computer science tasks, and the ranking of harms affecting consumer behavior. This gap and the surrounding pace at which demands for filling it increases, create some interesting questions relating to the ethical and legitimacy limits of digital market surveillance. In this position paper, we firstly explore definitional frameworks for surveillance on digital markets and digital enforcement and subsequently propose a practical taxonomy for the types of digital compliance activities which may be undertaken by designated authorities in the European Union as a result of recent enforcement regulation, particularly in relation to consumer protection and competition authorities. In this section, we look at the new CPC Regulation and address some of the issues relating to its application to the digital economy. In the third section, we critically reflect upon the dangers of privatizing legal enforcement and briefly address some potential solutions. The fourth section concludes.
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Goanta, Catalina, and Jerry Spanakis. "Discussing The Legitimacy of Digital Market Surveillance." Stanford Journal of Computational Antitrust, no. 2 (April 25, 2022): 44–55. http://dx.doi.org/10.51868/12.
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Legal compliance is increasingly becoming digital, and that is a fact. In shaping its digital future, in the past years, the European Union has been proposing one legal reform after another, such as the Digital Services Act package or the AI Act. A common thread in these developments is the policy reflection on not only how to update or make new rules for digital markets but also how to enforce them effectively. This has already been reflected in earlier instruments such as the Consumer Protection Cooperation Regulation or the Digital Market Surveillance Regulation. Although necessary for checking legal compliance, resulting digital enforcement practices need fast innovations from an interdisciplinary scientific space, (e.g., law/computer science/behavioral sciences) which is in its infancy. The pursuit of developing “tools” that can monitor market actors or detect harmful behaviors requires, at a minimum, clear legal interpretations, the translation of these interpretations into computer science tasks, and the ranking of harms affecting consumer behavior. This gap and the surrounding pace at which demands for filling it increases, create some interesting questions relating to the ethical and legitimacy limits of digital market surveillance. In this position paper, we firstly explore definitional frameworks for surveillance on digital markets and digital enforcement and subsequently propose a practical taxonomy for the types of digital compliance activities which may be undertaken by designated authorities in the European Union as a result of recent enforcement regulation, particularly in relation to consumer protection and competition authorities. In this section, we look at the new CPC Regulation and address some of the issues relating to its application to the digital economy. In the third section, we critically reflect upon the dangers of privatizing legal enforcement and briefly address some potential solutions. The fourth section concludes.
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Rost, Katja, Lea Stahel, and Bruno S. Frey. "Digital Social Norm Enforcement: Online Firestorms in Social Media." PLOS ONE 11, no. 6 (June 17, 2016): e0155923. http://dx.doi.org/10.1371/journal.pone.0155923.
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Bassini, Marco. "Fundamental rights and private enforcement in the digital age." European Law Journal 25, no. 2 (March 2019): 182–97. http://dx.doi.org/10.1111/eulj.12310.
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Sidorova, N. V., and A. M. Serikbayev. "Digitalization of judicial and law enforcement activities in the Republic of Kazakhstan." Bulletin of the Karaganda University. “Law Series” 112, no. 4 (December 30, 2023): 54–65. http://dx.doi.org/10.31489/2023l4/54-65.
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The purpose of this study is to analyze the Kazakh model of digitalization of judicial and law enforcement ac- tivities, identify problems, formulate proposals for improving the processes of digitalization and certain as- pects of the introduction of digital technologies in the activities of judicial and law enforcement agencies of Kazakhstan. The methodological basis of this work is the analysis of the main stages of digitalization, as well as a systematic approach to the study of the interdependence of digitalization processes by the functional characteristics of the body implementing digital tools. The use of comparative analysis made it possible to compare the introduced digital technologies with the law enforcement practice of judicial and law enforce- ment agencies, on the basis of the subsequent analysis of law enforcement practice, to formulate the problems of digitalization and proposals for their solutions, directions for the introduction of new digital tools, includ- ing artificial intelligence. A significant part of the research is devoted to the digitalization of criminal justice, in its key importance for the implementation of tasks and functions by judicial and law enforcement agencies of the Republic of Kazakhstan. The conducted research allowed us to conclude about the multilevel legal reg- ulation of digitalization processes and the need to codify the legal norms governing legal relations in this ar- ea, as well as the unification of departmental legal norms. The main results of the conducted research are the identification of existing gaps and conflicts of legal norms on digitalization, the formulation of proposals for their elimination, as well as the designation of directions for further digitalization of judicial and law en- forcement activities in Kazakhstan. The main conclusion that the authors formulated in the process of work- ing on the topic is the updating of the codification of legal norms in the field of digitalization, further integra- tion of existing digital resources of judicial and law enforcement agencies, their innovation for the implemen- tation of new functional support, the phased introduction of artificial intelligence into the criminal justice of judicial and law enforcement agencies
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Roach, Kent. "Improving Law Enforcement and Indigenous Relations." Journal of Intelligence, Conflict, and Warfare 4, no. 1 (June 14, 2021): 153–56. http://dx.doi.org/10.21810/jicw.v4i1.2841.
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On February 18, 2021, the Canadian Association for Security and Intelligence Studies (CASIS) Vancouver hosted its second digital roundtable of 2021, where Law Professor, Kent Roach from the University of Toronto presented on Improving Law Enforcement and Indigenous Relations. The presentation was followed by a question and answer period with questions from the audience and CASIS executives.
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Ruddin, Isra, and Subhan Zein SGN. "Evolution of Cybercrime Law in Legal Development in the Digital World." Jurnal Multidisiplin Madani 4, no. 1 (January 29, 2024): 168–73. http://dx.doi.org/10.55927/mudima.v4i1.7962.
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This research explores the evolution of cybercrime law in the face of developments in information and communication technology (ICT) over the last few decades. The development of digital technology has provided countless benefits but has also given rise to increasingly complex threats in the form of cyber attacks and cybercrime. This research aims to investigate how cybercrime law has evolved in response to changes in ICT and how these developments have influenced the effectiveness of cybercrime law enforcement. This research also analyzes the role of cross-border cooperation in cybercrime law enforcement and how developments in international law have influenced countries' ability to deal with global cybercrime threats. The research results show that the evolution of cybercrime law includes the establishment of more specific cybercrime laws and stronger protection of personal data. Cross-border cooperation plays an important role in cybercrime law enforcement, including information exchange, joint prosecution, asset freezing, and extradition. Developments in international law, such as the Budapest Convention and the General Data Protection Regulation (GDPR), have provided the legal basis necessary for more effective cross-border cooperation. However, challenges remain, including legal and jurisdictional differences between countries that often hamper law enforcement efforts. Therefore, increasing international cooperation and efforts to overcome these obstacles is critical in maintaining security and privacy in the ever-evolving digital era
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Dermawan, Ari, Sumantri Sumantri, Sudarmin Sudarmin, and Indra Ramadona Harahap. "Tinjauan Yuridis Interaksi Manusia Terhadap Digital Dalam Penegakan Hukum Di Era Revolusi Industri 4.0." Prosiding Seminar Nasional Riset Information Science (SENARIS) 1 (September 30, 2019): 1041. http://dx.doi.org/10.30645/senaris.v1i0.115.
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Human and computer interaction or human computer interaction or abbreviated as HCI is a discipline that studies the relationship between humans and computers. Human to digital interactions are increasing according to human needs that are increasingly complex. At present the world community has entered the stage of industrial revolution 4.0, and law enforcement is needed so that in the Era of the industrial revolution 4.0. get legal certainty in using digital technology or computer technology. As for the formulation of the problem is the Juridical Review of Human Interaction on Digital in Law Enforcement in the Age of Industrial Revolution 4.0, How the causes of misuse of Human Interaction Against Digital in the Age of Industrial Revolution 4.0, and How to prevent abuse of Human Interaction against Digital in the Era of Industrial Revolution . The research methodology uses normative research and library research data collection tools. Human Interaction Against Digital in Law Enforcement In the Age of Industrial Revolution 4.0 the legal foundation is needed, namely the Criminal Code and Law Number 11 of 2008 concerning Information and Electronic Transactions. Causes of Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0. among others are unlimited internet access. Efforts to Prevent Abuse of Human Interaction Against Digital in the Era of Industrial Revolution 4.0 can be done with the support of special institutions, both state-owned and NGOs (Non Governmental organizations).
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Boateng, Samuel Opuni. "Cloud Computing Forensic Challenges for Law Enforcement." Advances in Multidisciplinary and scientific Research Journal Publication 1, no. 1 (July 26, 2022): 339–44. http://dx.doi.org/10.22624/aims/crp-bk3-p54.
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Cloud computing is a relatively new concept that offers the potential to deliver scalable elastic services to many. The notion of pay-per use is attractive and in the current global recession hit economy it offers an economic solution to an organizations' IT needs. Computer forensics is a relatively new discipline born out of the increasing use of computing and digital storage devices in criminal acts (both traditional and hi-tech). In the last decade computer forensics has developed in terms of procedures, practices and tool support to serve the law enforcement community. However, it now faces possibly its greatest challenges in dealing with cloud computing. Through this paper we explore these challenges and suggest some possible solutions. Keywords: Forensic, Cybercrime, law Enforcement, Digital Universe, Cyberspace, Security BOOK Chapter ǀ Research Nexus in IT, Law, Cyber Security & Forensics. Open Access. Distributed Free Citation: Samuel Opuni Boateng (2022): Cloud Computing Forensic Challenges for Law Enforcement Book Chapter Series on Research Nexus in IT, Law, Cyber Security & Forensics. Pp 339-344 www.isteams.net/ITlawbookchapter2022. dx.doi.org/10.22624/AIMS/CRP-BK3-P54
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Firniksz, Judit, and Borbála Dömötörfy. "Information Exchange Going Digital – Challenges to Hungarian Competition Law Enforcement." Yearbook of Antitrust and Regulatory Studies 12, no. 19 (2019): 111–38. http://dx.doi.org/10.7172/1689-9024.yars.2019.12.19.6.
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The aim of the paper is to present an insight into the challenges raised by digitalized and data-driven markets to competition policy and enforcement in the Big Data era. Focusing on the assessment of information exchange in the digitalized environment, traditional risk factors are analyized and it is argued that new risk factors can be identified. The paper provides an overview of relevant recent Hungarian case-law to examine the role of information exchange, taking place in a data environment that offers an increased amount of up-to-date and relevant market information for analysis. Further, the paper summarizes the enforcement responses to the demandside challenges raised by online platforms, user interfaces applying new approaches and practices that can directly influence consumer behavior. The consequence is drawn that the extended economic and IT-related argumentation may affect the nature of proceedings and some new phenomena, as the role of secondary intermediaries, integration of online and offline market segments open new fields for assessment.
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Pődör, Andrea, László Zentai, and Erika Gál. "Digital sketch maps in teaching GIS for law enforcement students." Proceedings of the ICA 2 (July 10, 2019): 1–6. http://dx.doi.org/10.5194/ica-proc-2-102-2019.
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<p><strong>Abstract.</strong> This paper presents a project-based learning method designed by teachers of GIS for students in public order. The aim of the method is to utilize GIS technologies for analysing digital sketch maps made after interviewing people by students. This method gives a hands-on experience of the students about the subjective feelings of the citizens of the examined settlements. For the projects, a paper-based survey and a web application in the form of digital sketch maps were used.</p><p>The article shows the process of projects used in the studies of public order. The methods applied in the phase of planning, processing and visualising of the data are explained in the case of digital sketch maps and of paper-based surveys. Some general findings of the project are also introduced as well as the students’ opinion of the effectiveness of the projects.</p><p>General findings show that the results of the students correlate with observations found in the literature. It is evident that more informatics the students acquire during their everyday routine, the more useful and beneficial they find the usage of Geographical Information Systems and the project of using digital sketch maps of fear of crime in different cities.</p>
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Díaz Andrade, Antonio, and Angsana A. Techatassanasoontorn. "Digital enforcement: Rethinking the pursuit of a digitally‐enabled society." Information Systems Journal 31, no. 1 (September 16, 2020): 184–97. http://dx.doi.org/10.1111/isj.12306.
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Oluwatosin Reis, Nkechi Emmanuella Eneh, Benedicta Ehimuan, Anthony Anyanwu, Temidayo Olorunsogo, and Temitayo Oluwaseun Abrahams. "PRIVACY LAW CHALLENGES IN THE DIGITAL AGE: A GLOBAL REVIEW OF LEGISLATION AND ENFORCEMENT." International Journal of Applied Research in Social Sciences 6, no. 1 (January 25, 2024): 73–88. http://dx.doi.org/10.51594/ijarss.v6i1.733.
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As the world becomes increasingly interconnected through digital technologies, the protection of individuals' privacy has emerged as a critical concern. This paper conducts a comprehensive global review of privacy legislation and enforcement mechanisms, shedding light on the challenges posed by the digital age. With a focus on the intricate balance between technological advancements and the fundamental right to privacy, the study explores the evolving legal landscape and its implications for individuals, businesses, and governments. The analysis encompasses diverse jurisdictions, highlighting the variations in privacy laws and enforcement approaches across regions. From the European Union's robust General Data Protection Regulation (GDPR) to the nuanced approaches in Asia and the Americas, this review synthesizes the evolving regulatory frameworks. Special attention is given to emerging issues such as the use of artificial intelligence, biometrics, and surveillance technologies, which pose unique challenges to existing privacy paradigms. Moreover, the paper investigates the effectiveness of enforcement mechanisms in ensuring compliance with privacy laws. It examines the role of governmental agencies, regulatory bodies, and international collaborations in addressing cross-border data flows and global privacy challenges. The study also evaluates the impact of recent high-profile privacy incidents on shaping legislative responses and enforcement strategies. By presenting a holistic view of privacy law challenges in the digital age, this research contributes to the ongoing discourse on safeguarding individuals' privacy rights in an era of rapid technological innovation. The findings provide valuable insights for policymakers, legal practitioners, businesses, and individuals seeking a deeper understanding of the evolving dynamics surrounding privacy legislation and enforcement on a global scale.
Keywords: Law, Privacy Law, Digital Age, Review, Data Protection.
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Putra, Mohamad Rizki Agung. "Criminal Law Enforcement of Book Copyright Infringement in Digital Market Places in The Ecosystem E-Commerce Through Restorative Justice." Ius Poenale 4, no. 2 (December 14, 2023): 155–72. http://dx.doi.org/10.25041/ip.v4i2.3133.
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Criminal law enforcement against book copyright infringement in Indonesia is still weak and has not ensured legal certainty in its protection. Justice for copyright holders is still not achieved in a restorative manner, due to not updated copyright rules in accordance with the development of digital markets in the marketplace. The purpose of this study is to analyze criminal law enforcement, legal protection and restorative justice against copyright infringement of books on Digital Market Place in Indonesia. This research method uses normative juridical type with descriptive analysis approach and empirical comparison. The results showed that criminal law enforcement against copyright infringement of books on Digital Market Place in Indonesia is categorized in the criminal 'complaint offense' which is carried out through the initial stages of receiving complaints on copyright infringement followed up with mediation in settlement efforts, and if no settlement is found then the next stage is resolved in the judicial process through case examination, investigation and investigation, the process of interception of digital evidence and its handling up to the judicial process. Legal protection of book copyright on Digital Market Place from the perspective of law enforcement is done through efforts to protect the regulatory aspects of copyright automatically copyright holders, recording system / registration of exclusive rights; moral rights and economic rights, guidance systems and internal supervision preventively through socialization of education and respressively through monitoring the market place, as well as external supervision in customs through cooperation beacukai in tackling the sale of goods that violate copyright. Restorative Justice efforts in criminal law enforcement against copyright infringement of books on Digital Market Place is done by dispute resolution through mediation and arbitration in the commercial court. Conceptually, Restorative Justice is designed in the future with the concept of fair restitution in the recovery of repairs for damage to copyright morally and recovery of compensation for the loss of economic rights materially. As the findings of this study the concept of restitution in restorative justice is very relevant to be developed in the future in the global copyright rules along with the development of E-Commerce in the digital market.
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Nikitin, E., and M. C. Marius. "Unified Digital Law Enforcement Environment – Necessity and Prospects for Creation in the “BRICS Countries”." BRICS Law Journal 7, no. 2 (May 24, 2020): 66–93. http://dx.doi.org/10.21684/2412-2343-2020-7-2-66-93.
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The article examines the prospects for the development of an interstate association of BRICS member nations and concludes that it is necessary to expand cooperation in addition to the economic sphere through other areas, in particular, the organization of interaction to combat crime. The article focuses on the fact that an important area of joint cooperation between the BRICS member nations will be activities in the field of security and combating crime. The main promising areas of cooperation between the BRICS member nations in the field of security are formulated and forms of joint activities in these areas are proposed. This area of cooperation of the BRICS member nations should be based on modern information technologies, which is due to the need for coordination of law enforcement activities of the BRICS member nations. The article analyzes the joint system for preventing international crime in the BRICS member nations and concludes that no improvement of this system is possible without appropriate information support for law enforcement based on general principles and approaches. To this end, the necessity of creating a Unified Digital Environment for Law Enforcement Services in the BRICS member nations is substantiated, which implies the speed of achieving the objectives of law enforcement in the BRICS member nations; reduction of corruption risks in this area; as well as automation of individual work processes by replacing a human resource with software. The article describes the concept of a Unified Digital Environment for Law Enforcement Services of the BRICS member nations, substantiates the components that make up its structure. The modern methods of information processing that can be used to build the specified information system are presented. Possible interested users of this environment are highlighted and the capabilities of the Unified Digital BRICS Law Enforcement Services Environment provided to these users are presented.
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Bashilov, Boris, Marina Galkina, and Alisa Berman. "Digital financial assets and digital currency: legal nature and legal regulation of turnover." SHS Web of Conferences 106 (2021): 02005. http://dx.doi.org/10.1051/shsconf/202110602005.
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In the past few years digital financial assets and digital currency have been getting more popularity among the tools of digital economy. Due to the demand for turnover of digital financial assets and digital currency, as well as the formation of an increasing number of jural relations, the object of which they are, they require efficient legal regulation, which is not a simple task for the legislator because of their dinamic development. Lack of such regulation causes the formation of non-uniform regulatory enforcements practices and the unpredictability of legal relations that are developed in relation to these instruments. One of the keys to the formation of effective regulation is a definition and precise legislative consolidation of the legal nature of digital financial assets and digital currency. This article analyzes the approaches to determining the legal nature of digital financial assets and digital currency in the current domestic legislation at the stage when such legislation has not been formed yet based on the analysis of regulatory enforcement practices and clarifications of state bodies. The current legislation is also analyzed in terms of the presence of legislative gaps taking into account the relationship between the relevant regulation and the provisions contained in other, non-major legislation. Moreover, the authors also analyzed the approaches to the regulation of the turnover of digital financial assets and digital currency abroad. Such approaches were classified as well, which allowed to identify the main trends of regulation of their turnover and to determine their legal nature.
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Reynolds, Perri, and Angela S. M. Irwin. "Tracking digital footprints: anonymity within the bitcoin system." Journal of Money Laundering Control 20, no. 2 (May 2, 2017): 172–89. http://dx.doi.org/10.1108/jmlc-07-2016-0027.
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Purpose The purpose of this paper is to critically analyse research surrounding the anonymity of online transactions using Bitcoin and report on the feasibility of law enforcement bodies tracing illicit transactions back to a user’s real-life identity. Design/methodology/approach The design of this paper follows on from the approach taken by Reid and Harrigan (2013) in determining whether identifying information may be collated with external sources of data to identify individual users. In addition to conducting a detailed literature review surrounding the anonymity of users, and the potential ability to track transactions through the blockchain, four Bitcoin exchange services are examined to ascertain whether information provided at the sign-up stage is sufficiently verified and reliable. By doing so, this research tests the ability for law enforcement to reasonably rely upon this information when attempting to prosecute individuals. Additionally, by submitting fake information for verification, the plausibility of these services accepting fraudulent or illegitimate information is also tested. Findings It may be possible to identify and prosecute bad actors through the analysis of transaction histories by tracing them back to an interaction with a Bitcoin exchange. However, the compliance and implementation of anti-money laundering legislation and customer identification security standards are insufficiently used within some exchange services, resulting in more technologically adept, or well-funded, criminals being able to circumvent identification controls and continue to transact without revealing their identities. The introduction of and compliance with know-your customer and customer due diligence legislation is required before law enforcement bodies may be able to accurately rely on information provided to a Bitcoin exchange. This paper highlights the need for research to be undertaken to examine the ways in which criminals are circumventing identity controls and, consequently, financing their illicit activities. Originality/value By ascertaining the types of information submitted by users when exchanging real currency for virtual currency, and seeing whether this information may be accepted despite being fraudulent in nature, this paper elucidates the reliability of information that law enforcement bodies may be able to access when tracing transactions back to an individual actor.