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Journal articles on the topic 'Information technology – Law and legislation'
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1
Minina, Valeria Vladimirovna. "INFLUENCE OF BLOCKCHAIN TECHNOLOGY ON INTELLECTUAL PROPERTY LAW." Chronos 7, no. 11(73) (December 13, 2022): 203–5. http://dx.doi.org/10.52013/2658-7556-73-11-62.
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The article is devoted to the issue of legal regulation of the blockchain technology in the field of intellectual property rights protection. It is concluded that the definition of the term «blockchain» shall be stipulated in the legislation, it is found necessary to stipulate in the legislation the presumption that the information in the blockchain is reliable. It is concluded that it is necessary to develop recommendation regulations regarding the use of this technology.
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Ásványi, Zsófia. "Technology vs privacy at work." Management 27, no. 2 (December 22, 2022): 261–82. http://dx.doi.org/10.30924/mjcmi.27.2.14.
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Employees' right to privacy and employers' extensive need for work-related information collide. The imbalance of authority between employers and employees and the doctrine of managerial prerogative determines the outcome of these competing interests, and therefore the right to privacy requires statutory protection. The study aims to examine the legislative (hard law) and law enforcement (soft law) achievements of European and Hungarian initiatives on organizational labor control mechanisms and to understand their possible limitations concerning the doctrine of managerial prerogative. The research method was a thematic document and literature review of appropriate legislation and case law records from the European Court of Human Rights, the Hungarian Supreme Court, and the Hungarian National Authority for Data Protection and Freedom of Information. The research results confirmed our hypothesis: current legal instruments seem to limit the control mechanisms of organizations, both in terms of content and process. However, rapid technological innovations make employee privacy a moving target, where the law provides only temporary and limited protection.
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Síthigh, Daithí Mac. "Computers and the Coalition: Legislation on Law and Information Technology, 2010-2015." SCRIPTed 12, no. 2 (December 23, 2015): 141–53. http://dx.doi.org/10.2966/script.120215.141.
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Рузанова, Валентина. "Природа нормативного массива в сфере информационных технологий и его место в системах российского права и законодательства (в аспекте процесса «цифровизации» права)." Studia Sieci Uniwersytetów Pogranicza 5 (2021): 177–89. http://dx.doi.org/10.15290/sup.2021.05.12.
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Goal – the purpose of this research is to identify the nature of the normative array governing relations arising in connection with the introduction and use of information, including digital technologies, and to determine its place in the systems of Russian law and legislation. Research methodology – both general and particular methods of cognition were applied in the research: dialectical, systemic, intersectoral, etc. Score/results – the nature of the normative array in the field of information, including digital, technologies was revealed as a complex composition on the basis of the characteristics and range of regulated relations and its place was determined to be a secondary structure of law and an element of the legislative system. The author found that it is necessary to amend the legislation and to implement additional regulations of the new relationships. Originality/value – theoretical conclusions and proposals can be used for further development of doctrinal approaches to building a system of law and legislation in the field of information technology and improving legal regulation.
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Sukmaningsih, Dewi. "Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights." Jurnal Daulat Hukum 1, no. 2 (June 15, 2018): 371. http://dx.doi.org/10.30659/jdh.v1i2.3276.
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Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights
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Avdeev, Vadim Avdeevich, Olga Anatolievna Avdeeva, Vera Vladimirovna Smirnova, Ilya Mihajlovich Rassolov, and Maria Alekseevna Khvatova. "Improvement of Information Technology and Its Impact on Information Security." International Journal of Emerging Technology and Advanced Engineering 11, no. 11 (November 13, 2021): 15–21. http://dx.doi.org/10.46338/ijetae1121_02.
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The article reveals the problems of information security in modern conditions with the globalization of international life, changing polycentric relations, taking into account the high rates of development in technical and information resources. The special importance of ensuring information security as an object of legal protection protected by international and national law is noted. The issues of eliminating conflicts in the norms of international law, preventing the possibility of their spreading to the territory of individual sovereign states, are being addressed. The correlation between the norms of international and national law emphasizes the expediency of improvement and adoption of new normative legal acts of universal and regional significance which can be used by member states when innovating national criminal and other sectoral legislation. It is a priority to improve international and national legal policy for the modernization of national legal systems for the prevention and combating of cybercrime. An effective mechanism of legal regulation for the objects to be legally protected is of fundamental importance for ensuring information security. Particular attention is focused on solving the issues of detection, disclosure and accurate legal evaluation of crimes and offences committed in cyberspace. The importance of the international community to establish universal standards to ensure information security is emphasized
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Kuznetsov, Anton K. "LEGAL REGULATION OF ELECTION CAMPAIGNING IN THE INTERNET INFORMATION AND COMMUNICATION NETWORK." Oeconomia et Jus, no. 2 (June 25, 2021): 49–54. http://dx.doi.org/10.47026/2499-9636-2021-2-49-54.
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The relevance of the topic under study is due to the wide penetration of new technologies in all spheres of public relations. Due to its special situation, the electoral process is the most susceptible not only to the introduction of modern technologies, but to a greater use of the information and communication network "Internet" as well. Adaption of the electoral legislation to the requirements of the time appears to be important. The present study is aimed at a comprehensive analysis of the Russian legislation regulating the issues of election campaigning in the information and communication network "Internet". The article analyzes Federal Law № 43-FZ dated March 9, 2021 "On Amendments to Certain Legislative Acts of the Russian Federation", Federal Law №67-FZ dated June 12, 2002 "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of the Russian Federation Citizens", Federal Law № 149-FZ dated July 27, 2006 "On Information, Information Technologies and Information Protection", Federal Law № 20-FZ dated February 22, 2014 "On Elections of Deputies to the State Duma of the Federal Assembly of the Russian Federation". Amendments to the legislation regarding regulation of election campaigning in the Internet are considered as a timely and adequate response to the growth of Internet use for campaigning purposes. Election commissions have additional rights to prevent dissemination of campaign materials and information in the Internet that do not meet the requirements of the electoral legislation. Concerning these appeals, election commissions can contact the Federal Service for Supervision of Communications, Information Technology and Mass Media. Attention is drawn to possible difficulties in new legislation enforcement, such as additional resources, professional skills in tracking, identifying and documenting violations.
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Aissani, Rahima. "The Ethics and Legislation of the New Media Use in the United Arab Emirates Analytical Study of the Law “Combating IT Crimes"." AAU Journal of Business and Law 2, no. 1 (2018): 1–27. http://dx.doi.org/10.51958/aaujbl2018v2i1p4.
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The study deals with an analytical reading (from an information and communication perspective) of the Law "Combating Information Technology Crimes" in the UAE. The law was passed in 2012 by Decree Law No: 5/2012, which was published in the Official Gazette No: 540, attached to the 42nd year, on 26/8/2012, and included amendments to the provisions of the law Federal No: (2) for the year 2006 establishing the Law "Combating Information Technology Crimes". The study adopts the method of content analysis of the materials covered by the law, based on two categories of analysis: • Form Category: for the detection of the legal materials governing the use of information technology, which included the following units of analysis: the number of articles and their contents, and the type of penalties imposed by law. • Content Category: and its evidence of the ethics of new media and communication in the UAE. The study reached the following results: 1. The UAE legislation on "Combating Information Technology Crimes" included 51 articles of law, and was widely separated in cybercrime and its penalties. 2. Most of the legal formulations in the "Combating Information Technology Crimes" system come in ways that push the user to commit to ethical and social responsibility while dealing with new media, and communication tools, or other information technology. 3. The Analytical reading of the articles of the "Combating Information Technology Crimes" Law in the United Arab Emirates has revealed three basic ethics for the use of these techniques from the media perspective: respect the intellectual property, respect the privacy and dignity of people, and respect the community values.
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Shabanova, Sofiia, and Anna Lazebna. "INFORMATION SECURITY OF LABOR LAW SUBJECTS." Journal of V. N. Karazin Kharkiv National University, Series "Law", no. 32 (December 27, 2021): 15–20. http://dx.doi.org/10.26565/2075-1834-2021-32-02.
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Introduction. The processes of digitalization of business, the introduction of new forms of organization of production and labor are much ahead of the settlement of such innovations in the legal environment. Formulation of the problem. The archaic nature of labor legislation in comparison with the trends of the digital economy gives rise to grounds for reducing the level of information security of the subjects of labor relations. The relevance is due to the imperfection of the normative regulation of the basic principles of information security, the obsolescence of labor legislation, the low level of digital culture of the population of Ukraine, resulting in an urgent need to study the information security of labor law. Goal. The study of ways to modernize the mechanisms of information security of employers and employees, caused by the tendency to combine labor relations with information technology. Methods. Theoretical and general scientific (analysis, synthesis, systematization), empirical method (method of comparison). The main results of the study. International legal regulation is significantly ahead of the development of national legislation on information security. The Ukrainian legislator sees this process as illusory, bypassing the scale of technological development and possible "digital" problems. Increasingly, the work process is moving into cyberspace. This trend has created the conditions for the successful development of digital work platforms. Participants in labor relations in Ukraine need to update the mechanisms of protection against information threats related to the digitalization of activities, as well as the modernization of protection of labor rights of employees. In order to create appropriate working conditions, employers must control the work of workers, but in ways that do not violate their fundamental rights and freedoms. Conclusions. The obligation to ensure privacy must be exercised through a single national regulatory framework. Public authorities are authorized to ensure non-interference in the private life of subjects of labor law. It is necessary to establish mechanisms to protect labor relations participants from information threats at the level of a single mandatory legal act and regulate the status of digital labor platforms to protect intellectual property rights, guarantee payment for work performed, prevent the spread of shadow employment.
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Aristova, Irina, Oksana Brusakova, Denis Koshikov, and Oleksandr Kaplya. "Developing Information Technology Law and Legislation: Analysis of International Experience and Possibilities of Its Application in Ukraine." Ius Humani. Law Journal 10, no. 2 (December 12, 2021): 117–28. http://dx.doi.org/10.31207/ih.v10i2.287.
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The purpose of this article is focusing attention on the relevant problematic issues that exist in the sphere of legal regulation of domestic area of high technologies, as well as finding ways of their effective solution. Noted that the legal regulation of objects and phenomena surrounding the domestic information technology (IT) sphere is quite weak and insufficient compared to other countries. Effectively functioning practices of legal regulation of the sphere of high technologies that exist in developed democracies are analyzed for their compliance with the realities of the domestic legal system. Considerable attention is paid to the characteristics of the current state of functioning of IT law and legislation in democracies. The initial successes that have already been achieved in Ukraine in relation to the IT sphere in the past were analyzed. The perspective directions of further development of IT law, as well as related domestic and international legislation, are considered. It is pointed out that the development of both the domestic high-tech industry and the functioning of IT law and legislation are inextricably linked with the democratization of the country. The methodological basis for writing the article was a set of general scientific and special methods and techniques of scientific knowledge.
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TEMIRZHANOVA, Lyazzat А., Nurtai K. IMANGALIEV, Bakhytzhan Zh SAGYMBEKOV, Almaz A. ESHNAZAROV, and Almaz Zh SYZDYKOV. "Countering Fraud Committed Using Information Technology in Kazakhstan." Journal of Advanced Research in Law and Economics 10, no. 7 (December 31, 2019): 2122. http://dx.doi.org/10.14505/jarle.v10.7(45).25.
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The relevance of this article is that with the development of modern technologies, conditions have formed for the emergence of such a new type of crime as fraud committed with the help of modern information technologies. Today in Kazakhstan, the amount of damage caused and the number of facts of this type of crime in recent years has grown many times. The practice of law enforcement indicates that computer technology is increasingly acting as a tool for committing crimes. Most of these crimes can cause real harm to a person and the state. The aim of the article is to study the theoretical and practical aspects of countering a new type of fraud. The methodological base of the article is composed of general scientific principles, approaches and methods of scientific knowledge, dialectical and comparative methods of cognition of social and legal processes and phenomena. The theoretical and practical significance of the article lies in the fact that the results of the work can become the foundation for amendments to the legislation of Kazakhstan, as well as for the development of methodological manuals on the investigation of the type of criminal offenses in law enforcement.
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Firdaus, Fahmi Ramadhan. "Public Participation after the Law- Making Procedure Law of 2022." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (November 30, 2022): 495. http://dx.doi.org/10.30641/kebijakan.2022.v16.495-514.
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Constitutional Court Decision No. 91/PUU-XVIII/2020 affects Law no. 11 of 2020 concerning Job Creation. More than that, the Constitutional Court’s decision seems to portray the fundamental problems of the law-making process that must be corrected immediately. These problems are, first, the Omnibus method in Law no. 12 of 2011 concerning the Establishment of Legislation. Second, procedural error and a change in the text after the mutual agreement. Third, ignoring meaningful public participation in the formation of laws. This research will focus on correcting the Constitutional Court to the process of law formation to prioritize meaningful participation, not just a mere formality. The legislators then followed up the Constitutional Court’s notes by revising Law no. 12 of 2011 concerning the Establishment of Legislation for the second time become Law no. 13 of 2022, one of the substances of which is to change the provisions of Article 96, which contains the regulation of public participation in the formation of laws. The formulations of the problem raised in this study are: what is the meaning of meaningful public participation in the construction of rules based on the Constitutional Court Decision No. 91/PUU-XVIII/2020, and what is the ideal arrangement in Law no. 12 of 2011 concerning the Formation of Legislations to accommodate meaningful participation in the formation of laws. This study found that Law no. 13 of 2022 cannot accommodate meaningful participation because it is still a right and not an obligation. Then legislators must create information technology-based tools that help increase meaningful participation in law-making.
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Wei, Lijun. "Construction of the Interactive Relationship between Law Enforcement and Legislation Based on the Background of Big Data." Mathematical Problems in Engineering 2022 (May 17, 2022): 1–6. http://dx.doi.org/10.1155/2022/6888268.
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Under the background of the current era of ever-increasing speed of information technology iteration and increasing application of big data, it is necessary to conduct in-depth research on the interaction between administrative law enforcement and legislation and try to construct its system. From the perspective of big data, building an interactive system of law enforcement and legislation is also an important exploration. Starting from clarifying the existing relationship between law enforcement and legislation, this study analyzes the positive impact of big data on the construction of the interactive relationship between law enforcement and legislation. Finally, this study attempts to construct the interaction between administrative law enforcement and legislation under the background of big data by focusing on the construction and operation mechanism of the big data platform, the interaction mechanism between law enforcement and law enforcement in the big data platform, and the guarantee mechanism of the interaction between law enforcement and legislation under the big data platform to promote the establishment and improvement of a “complete legal norm system” and an “efficient rule of law enforcement system” to achieve precise governance.
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Budaev, A. M., and A. N. Nadin. "Information technology in the activity of a deputy: experience and prospects." Juridical Journal of Samara University 8, no. 3 (January 18, 2023): 32–41. http://dx.doi.org/10.18287/2542-047x-2022-8-3-32-41.
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This article discusses the topic of the need to use social networks in the activities of a deputy of a representative body of power. The coverage by a deputy of his professional activities, proposed legislative initiatives and, in general, his own position on a set of pressing life problems in various social networks and instant messengers helps to increase the political and legal culture of citizens, their involvement in the processes of organization and functioning of bodies and mechanisms for the implementation of public power. The fact that the subject distributing information on the official page (channel) in the social network (messenger) has a special public law status of a deputy of a representative body of power imposes on him both general obligations stipulated by the legislation on information, information technologies and information protection, as well as special prohibitions and restrictions arising from the requirements of the conscientious implementation of public interests. It is proposed to establish the obligation to maintain official pages and channels in social networks for deputies of representative bodies of the federal and regional levels of public authority, carrying out parliamentary activities on a permanent professional basis.
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Galyashina, E. I., and V. D. Nikishin. "The protection of megascience projects from deepfake technologies threats: information law aspects." Journal of Physics: Conference Series 2210, no. 1 (March 1, 2022): 012007. http://dx.doi.org/10.1088/1742-6596/2210/1/012007.
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Abstract The paper examines the potential threats of the malicious use of deepfake technology to destabilize and discredit megascience projects in the global information space. The phenomenology of using artificial intelligence (AI) to create video recordings and voice messages, in which people do and say something that did not take place in reality, is considered. Special attention is paid to speech synthesis technologies based on arbitrary text and spoofing, i.e. replacing the speaker’s personality while preserving the content of the original speech message. The authors’ definition of a voice deepfake is as follows: an artificial creation of digital voice clones of a person for the purpose of intellectual or material forgery (fabrication of a pseudo-real information and communication event). A specific classification of deepfake technologies according to the types of their criminogenic use is given in the article. The authors highlight the imperfection of the Russian legislation on the legal protection of the individual voice of a person as an intangible value and on the protection of individuals from the unauthorized use of voice personal data taking into account the policy of social networks (Facebook, Twitter, TikTok) aimed at protecting users from synthesized audio and video disinformation. Based on the results of the research, a number of decisions are proposed to change the criminal and civil legislation in order to ensure the national security of the state, to protect international megascience projects, other scientific activities and individuals from the negative consequences of the potentially destructive and / or criminal use of voice deepfakes, including discrediting and defaming international megascience projects and their representatives in the media environment. The proposed legislative amendments may be used in other contexts by foreign countries and interstate associations.
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Venter, Francois. "Editorial." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2790.
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Professor Dana van der Merwe of the University of South Africa (UNISA) delves into the impact of the information era on the law, drawing distinctions with the aid of legal philosophy between data, information and intelligence. o In similar vein Dr Tanya du Plessis of the University of Johannesburg investigates the impact of information and communication technology on the practice of law and knowledge management in law firms. o Professor Anneliese Roos of UNISA follows with an in-depth and comparative exposition of statutory data protection with specific reference to the legislation of New Zealand, illustrating important disadvantages for participants in the information technology arena in South Africa.
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Galkovskaya, Victoria. "State environmental expertise of draft technical documentation." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 1 (March 30, 2022): 37–43. http://dx.doi.org/10.36511/2078-5356-2022-1-37-43.
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The period between 19th—20th centuries was rich in innovations in the field of environmental protection, including the tightening of requirements for the implementation of projects that can have a negative impact on the environment. These requirements, imposed at the legislative level and aimed at the realization of citizens’ rights to a favorable environment, reliable information about it and on compensation for damage caused to health and property by an environmental offense, according to Art. 42 of the Constitution of the Russian Federation, often have an ambiguous interpretation, which leads to the emergence of controversial situations in the implementation of the functions of control and supervisory bodies. One of these bottlenecks of Russian environmental legislation is federal law no. 174-FZ “On Environmental Expertise” of October 23, 1995 regarding the inclusion in Art. 11 objects of state environmental expertise of draft technical documentation for new equipment, technology, the use of which can have an impact on the environment. As practice shows, the norms of environmental legislation do not disclose the terms “new technology” and “new technology”, which leads to the emergence of judicial precedents in the passage of state environmental expertise related to the ambiguous interpretation of these concepts. The aim of this study is to make an attempt to assess the impact of gaps in environmental legislation on environmental law actors and suggest ways to resolve them.
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Abdelbaqi, Mustafa. "Enacting Cybercrime Legislation in an Endeavour to Counter Cybercrime in Palestine." Global Journal of Comparative Law 5, no. 2 (July 30, 2016): 226–61. http://dx.doi.org/10.1163/2211906x-00502003.
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The rapid development of information and communication technology has increased the opportunities for criminals to commit cybercrime. As many countries, Palestine faces problems countering cybercrime from both the legislative and technical perspectives. Palestinian courts deal with the matter using one of two approaches. In some instances, public prosecutors choose not to prosecute the act due to the fact that there is no provision of law applicable to the conduct. In others, they adapt the related conventional provisions of the Criminal Code to the conduct. To counter cybercrime, the Palestinian legislature should enact a cybercrime law, which is compatible with the Council of Europe Convention on Cybercrime, or incorporate the Arab Convention on Combating Information Technology Offences of 2010 in the Palestinian legal system. Legal reform is crucial, but not sufficient. Technical approaches, public awareness and ethical online education are vital as well. Meanwhile, the cooperation of the international community, as a whole, including the different formal and informal agencies in each country becomes necessary.
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Haykal, Hassanain. "Pembangunan Hukum Siber Guna Pemanfaatan Ekonomi Berbasis Teknologi Informasi dalam Rangka Mewujudkan Ketahanan Nasional." Dialogia Iuridica: Jurnal Hukum Bisnis dan Investasi 9, no. 1 (November 30, 2017): 058. http://dx.doi.org/10.28932/di.v9i1.731.
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This article aim to examine establishment of law in using Information Technology for economic goals which able to actualize nation security. This research is normative juridical research, uses secondary data consisting of primary, secondary and tertiary legal material. This article analyzed descriptively and used statute and conceptual approach. The result show that, establishment of cyber law is necessary as the result of the development of Information and Communication Technology, especially in economic activity of society. Development of cyber law also expected to raise standard of living in society, promote general welfare while maintaining and enforcing justice for all citizen. To achieve it, state must complete and establish law on economic utilization based on information and communication technology, upgrade the knowledge of legal expert and legislator comprehensively on technology for futuristic view, cultivate legal culture, and encourage the function of legislation.
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An, Zheming, and Zhiyong Jiang. "From the Perspective of Jurisprudence View the Application of Urban Image Monitoring Technology and the Application and Improvement of the Information Collection System in This Field." Mathematical Problems in Engineering 2021 (April 7, 2021): 1–15. http://dx.doi.org/10.1155/2021/5582906.
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As times go by, social management faces new challenges. This article examines the application of urban image surveillance technology and the methods of information collection and processing from a legal perspective, and explains the necessity of creating image surveillance. This article introduces the application of the system to the construction of legal systems in countries where urban image surveillance has been applied earlier and with more advanced legal systems at home and abroad, from the construction of the image surveillance legal system, the protection of personal privacy rights, and the protection of communication data. Explain the legislative principles to be followed in the legislative process, and put forward the principles of human rights and freedom, the principle of public interest, the principle of rule of law, and the principle of information security. Finally, I put forward a point of view on how to formulate a legal and fair legal system. It is clear that in the field of legislation, it is necessary to seek constitutional support, use civil law to regulate, use personal information protection law to regulate, and use urban image monitoring system legislation to manage. This paper proposes a “peer-to-peer tree” architecture of a two-tier distributed indexing service system based on service types. Its joining and leaving algorithms create and maintain the framework, cascading organizations related to service interests into a tree structure. Learning the neighbor search algorithm can slowly evolve the peer layer composed of many cascaded trees into an overlay network with small-world characteristics, thereby ensuring a higher search efficiency. Research shows that through functional testing and performance testing, it is found that when the number of supernodes is 200, the success rate is the highest.
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Savchenko, Yana V., and Timur A. Nuraev. "Legislation as a factor in the development of public-private partnership in the sphere of information technologies." Izvestiya of Saratov University. Economics. Management. Law 22, no. 1 (February 21, 2022): 86–95. http://dx.doi.org/10.18500/1994-2540-2022-22-1-86-95.
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Introduction. Public-private partnership (PPP) in world practice has established itself as an effective tool for interaction between business and government in the implementation of socially significant projects. The state got the opportunity to attract a private investor to solve strategic problems of social development. Information technology (IT) is no exception. In the context of globalization and digitalization of the economy, development of information technology sphere is becoming highly relevant, since it determines the level of information security and development of the country as a whole. Theoretical analysis. The main research method was the analysis of the basic laws governing public-private partnerships in the IT sphere both in Russia and abroad, which made it possible to identify the differences in the PPP legislation of different countries. Empirical analysis. The analysis of the legislation of different countries in the field of public-private partners in relation to the IT industry enabled the authors to divide countries into four groups, depending on the characteristics and level of its development. The first group of countries is characterized by the absence of a law on PPP at the state level, application of international legal norms and availability of methodological recommendations in the field of PPP. In the second group, countries have a fundamental law on PPP without specifying the spheres of its application, or a list of spheres has been formed and it includes the IT industry. In the third group, there is a general law on PPP with a list of specific areas that does not include the sphere of information technology. The fourth group of countries has no legislation on PPP. Results. The authors identified the problems of legislation in the field of public-private partnership in relation to IT projects. In particular, it was determined that Russian laws in the field of PPP have relatively more specificity in relation to IT projects than foreign ones. However, this is far from always being good and creates artificial restrictions for the development of this mechanism for attracting a private partner to finance IT projects that are significant for society. The highlighted shortcomings of the Russian legislation will help to improve efficiency and controllability of PPP projects in the IT sphere, when eliminated.
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Et al., Ruslan Mikhailovich Ushakov. "Information Technology of Big Data in Crime Detection, Investigation, and Prevention. Theoretical and Applied Analysis of Individual Prospects and Application Problems." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 6 (April 5, 2021): 1645–57. http://dx.doi.org/10.17762/turcomat.v12i6.3201.
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The article discusses various aspects of the use of Big Data technology in forensic activities. Based on the analysis of legislation, the provisions of the legal doctrine, and the existing experience of using various forms of artificial intelligence in human life, the authors indicate possible directions for their implementation in forensic practice (first of all, in the work of an expert), and identify dialectically related risks and problems of a conceptual and legal nature. The necessity of developing and issuing several legal measures aimed at preventing the negative consequences of the spread of Big Data technology, in particular, a general legislative ban on the adoption of legally significant decisions by law enforcement entities based solely on the conclusions obtained by program methods, is substantiated.
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Anggriawan, Teddy Prima, Anajeng Esri Edhi Mahanani, Retno Mumpuni, and Alvian Dwiangga Wijaya. "UTILIZATION OF INFORMATION TECHNOLOGY AS A LEGAL EDUCATION MEDIA CONSUMER PROTECTION." UNTAG Law Review 5, no. 2 (November 23, 2021): 1. http://dx.doi.org/10.56444/ulrev.v5i2.2598.
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<span class="fontstyle0">Globalization is currently running in cyberspace, connecting all digital communities. All aspects of human life are influenced by internet information technology, in this case the economic conditions provide very significant changes. Online stores or what we often call e-commerce is a form of change brought about by the internet in terms of shopping innovation by providing various conveniences in the transaction process. Seeing the phenomenon of the rapid development of electronic<br />transactions in Indonesian society, the problem in this research is how to use information technology as a media for consumer protection law education. The research method applied in this study is a normative legal research method. The research is said to be juridical normative because it intends to study and analyze the substance of the legislation on the subject matter or legal issue in its consistency with existing legal principles. The type of research used in this writing is doctrinal research.Aims to obtain a systematic explanation of the rule of law. Thus, all benefits to the community will depend on the provisions of the law itself. The element of education then becomes the spearhead to instill attitudes and habits of obedience to existing rules. If all human interests can be fulfilled without disputes or conflicts, then everything that happens regularly will not be questioned about the concept of justice<br />which focuses on what is entitled or who is at fault if someone is harmed by another person. The first indicator is an understanding of the law, a person knows about certain behaviors that have been regulated by law.</span>
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Serebrennikova, A. V. "CRIMINAL LAW: MODERN CHALLENGES." EurasianUnionScientists 2, no. 5(74) (June 14, 2020): 48–50. http://dx.doi.org/10.31618/esu.2413-9335.2020.2.74.741.
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Mission: To analyze the main trends related to the digitalization of criminal law in the most discussed areas, to analyze and summarize the positions of researchers regarding the construction of norms on responsibility for computer crimes in the domestic criminal legislation. Reflect the main areas of use of artificial intelligence in the process of qualification of crimes and law enforcement. Consider the use of information technologies in the educational process when training specialists for law enforcement agencies. As a result of the research, the authors conclude that the achievements of recent years in the field of digital technologies have created not only a number of new problems with crime, but also contributed to the prevention, detection, investigation, prosecution and punishment of crime. However, many issues related to their use in criminal law have remained unresolved. Today, the science of criminal law is faced with the task of developing a model of systemic updating of domestic criminal legislation, the effectiveness of which directly depends on the ability of the legislator to perceive trends in the field of information technology and crime challenges. The author's view on the actual problem in criminal law science is presented. The results of the study and the conclusions formulated in this article can be used in the educational process when studying the Sciences of the criminal law cycle in higher education institutions
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Alkhseilat, Abdullah, Tareq Al-Billeh, and Naji Alwerikat. "THE LEGAL CONTROLS FOR THE INDECENT ASSAULT OFFENSE USING ELECTRONIC MEANS BY JORDANIAN LEGISLATION." Journal of Southwest Jiaotong University 57, no. 6 (December 30, 2022): 1190–94. http://dx.doi.org/10.35741/issn.0258-2724.57.6.104.
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The significant progress in the field of information technology has reduced the distances between individuals and created a digital society that has effectively contributed to the development of societies and made the world more flexible and simple; however, the rapid growth of information technology has been met with negative attitudes by the misuse of this technology, including the infringement of the protection rights of individuals by committing various cyber offenses, including the offense of indecent assault using electronic means, accordingly, the Jordanian Penal Law will deal with this crime in consultation with the Jordanian Cybercrime Law. Therefore, the applied approach was followed in this study. As a result, it came out with several results and recommendations, the most important of which is the need for the Jordanian legislators to intervene with a legal text that defines acts and forms of conduct in the small offense of indecent assault and sets its punishment to prevent conflict and by the principle of "nullum crimen, nulla poena sine lege."
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Jayasekara, Sisira Dharmasri, and Iroshini Abeysekara. "Digital forensics and evolving cyber law: case of BIMSTEC countries." Journal of Money Laundering Control 22, no. 4 (October 7, 2019): 744–52. http://dx.doi.org/10.1108/jmlc-02-2019-0019.
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Purpose The purpose of this paper is to discuss the role of digital forensics in an evolving environment of cyber laws giving attention to Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) countries, comprising Bangladesh, India, Myanmar, Sri Lanka, Thailand, Nepal and Bhutan, in a dynamic global context. Design/methodology/approach This study uses a case study approach to discuss the digital forensics and cyber laws of BIMSTEC countries. The objective of the study was expected to be achieved by referring to decided cases in different jurisdictions. Cyber laws of BIMSTEC countries were studied for the purpose of this study. Findings The analysis revealed that BIMSTEC countries are required to amend legislation to support the growth of information technology. Most of the legislation are 10-15 years old and have not been amended to resolve issues on cyber jurisdictions. Research limitations/implications This study was limited to the members of the BIMSTEC. Originality/value This paper is an original work done by the authors who have discussed the issues of conducting investigations with respect to digital crimes in a rapidly changing environment of information technology and deficient legal frameworks.
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Shakhnazarov, B. A. "Law and Information Technologies in Modern Conditions of Globalization." Lex Russica, no. 1 (January 19, 2021): 118–34. http://dx.doi.org/10.17803/1729-5920.2021.170.1.118-134.
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The author considers various aspects of the use of information technologies in the context of globalization in cross-border private law relations. Separately, the issues of determining the law applicable to relations implemented using information technologies (Internet sites, blockchain technologies, mobile applications), the problems of jurisdiction are analyzed. The legal approaches of the Russian Federation, the United States, the EU, and the People's Republic of China are examined. Special attention is given to both the normative legal approaches adopted in these countries, as well as law enforcement practice, decisions and comments of the highest courts. Blockchain technology is analyzed as the most effective information technology that leads to e-commerce processes optimization, ensures the immutability of data in the system and their safe storage and processing. The paper discusses the latest Russian legislation on digital financial assets and digital currency, which can be created based on blockchain technology. It is noted that by recognizing the digital currency as a means of payment, but not recognizing it as a monetary unit, the Russian legislator creates an ambiguous legal field and, in fact, leaves the law enforcement authorities the right to decide on the perception of the digital currency as a specific object of civil rights, sharing it with the concept of a digital financial asset. Through the prism of the influence of the technological environment on the regulation of cross-border private law relations, the principle of technological neutrality is considered. There is a tendency to deviate from the principle of technological neutrality, to develop self-regulatory activities, regulatory mechanisms within the technological environment, to the need to take into account the technology of implementation of relations (which characterizes a particular "state affiliation" of relations) when determining the applicable law, jurisdiction over disputes arising from crossborder relations.
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Baaner, Lasse, and Line Hvingel. "Spatiality of Environmental Law." Journal for European Environmental & Planning Law 12, no. 2 (May 28, 2015): 173–88. http://dx.doi.org/10.1163/18760104-01202005.
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Digital society challenges the traditional perception of legal sources. The use of maps as a basis for public administration dates far back, but e-Government’s use of digital maps that include legal information creates new legal obstacles. In the coming decades, the inspire directive of 2007 will determine the interplay between geographic data and technology in the fields of environmental legislation, environmental policy and environmental management. This article examines the legal regulation of spatial information as established by the inspire directive, on one hand, and on the other hand, examines legal regulation as spatial information. It aims to deepen the understanding of spatiality as a core element of environmental law, and to connect it to the basic concept of representation used in giscience. It concludes that the future path for e-Government demands a shift in legal paradigm, from maps showing representations of applied legal norms, to maps build on datasets that have legal authority. That will integrate legal and geographic information systems, and improve the legal accountability of decision support systems used in e-Government services based on spatio-legal data.
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Dumchykov, M., V. Pakhomov, and O. Bondarenko. "FORENSIC PROBLEMATIC ASPECTS OF COMBATING CRIMES IN CYBERSPACE." Criminalistics and Forensics, no. 65 (May 18, 2020): 283–90. http://dx.doi.org/10.33994/kndise.2020.65.27.
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The article deals with the main forensic issues in the fight against cybercrime, as a new threat to modern society. The statistics of cybercrime and the relevance of this problem in Ukraine and other countries of the world are given. The problems of applying the concept of computer crime and the need to amend the legal framework, as well as attracting the help of international organizations, companies and specialists in the field of information technology is examined. It analyzes the rapid increase in cybercrime in modern conditions. The interpretation of concepts related to crimes in cyberspace, both in national and international legislation, is considered. When considering the problem of combating cybercrime, the works of such scientists as L.P. Zverianskaia, M.A. Vinokurova, A.P. Kireenko, S.V. Chuprova. The main problems that arise in the study of such crimes are identified: – the lack of an agreed theoretical base, and as a result, legislative regulation suffers; – lack of specialists in the field of information technology in law enforcement agencies; Криміналістика і судова експертиза. Випуск 65 290 The issues of prevention and combating cybercrime, and the solution of these problems are investigated. The main measures to combat and minimize existing problems, namely: – technical and theoretical improvement: the need to justify a single concept of cyberspace in all national legislation, from the point of view of forensics, which will allow a new legislative regulation of this area; – new approaches based on a wider use of the achievements of scientific and technological progress that will help to successfully identify and investigate such crimes; – the need to provide law enforcement with highly qualified specialists in the field of information technology; – attracting international support in the form of international organizations, companies and specialists.
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Olimpiev, Anatoly Yu, and Irina A. Strelnikova. "Cybersecurity and Its Maintenance in the Russian Federation." Ugolovnaya yustitsiya, no. 17 (2021): 104–9. http://dx.doi.org/10.17223/23088451/17/21.
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The problematic issues of ensuring cybersecurity in the Russian Federation are investigated in the article. Based on the analysis of legal literature and normative legal acts on crimes in the field of computer information in the criminal legislation of the Russian Federation and countering them, several judgments are made. The state of crime in the field of computer information is largely determined by the level of economic development of any state, including the Russian Federation as a subject of international law. Computer information, as social interaction, is protected by the criminal legislation of the Russian Federation. Counteraction in the field of computer information involves the formation of special units in a number of law enforcement agencies (first of all, in the state security bodies and in the internal affairs bodies) staffed with employees with additional competencies in the field of computer technology.
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Sopilko, Iryna, and Viktoriya Cherevatіuk. "CYBER SECURITY AND PERSONAL RIGHTS UNDER THE LEGISLATION OF UKRAINE." Journal of International Legal Communication 6 (September 27, 2022): 18–25. http://dx.doi.org/10.32612/uw.27201643.2022.6.pp.18-25.
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The aim of the article is to study the issue of achieving a balance between information protection in the cybersecurity system and freedom of expression in accordance with the position of the UN and the case law of the European Court of Human Rights. Research methods include the analysis of legislation on cybersecurity, generalization of legal information and cybersecurity practices. As a result, it was found out that in Ukraine the basic legal act on cyber security is the Law “On the basic principles of cyber security of Ukraine”. The preamble of this Law defines the legal and organizational basis for protection of vital interests of citizens, society and state, national interests of Ukraine in cyberspace, main goals, directions and principles of state policy in cybersecurity, authorities of state bodies, enterprises, institutions, organizations, individuals and citizens in this field, the basic principles of coordination of their activities to ensure cybersecurity. Ukraine has ratified the Council of Europe Convention on Cybercrime of 23 November 2001. The Convention states that the fight against cybercrime is dictated, in particular, by the need to protect legitimate interests in the use and development of information technology. In particular, the Convention identifies the following types of cybercrime: offenses against the confidentiality, integrity and availability of computer data and systems; computer-related offenses; offenses related to child pornography; offenses related to copyright and related rights infringement. Finally, legal regulation of cybersecurity in Ukraine is based on the requirements of striking a balance between information protection and freedom of expression, the position of the UN and the case law of the European Court of Human Rights.
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Терещенко, Людмила, and Lyudmila Tyeryeyenko. "The Conceptual Framework of the Information and Telecommunication Law: Enforcement Issues." Journal of Russian Law 4, no. 10 (September 19, 2016): 0. http://dx.doi.org/10.12737/21538.
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This article analyzes the existing conceptual framework of the information and telecommunication law in general and those norms, which recently have been included into the legislation of terms and their definitions, and relation of the terms used. It is shown that information law and communication law are heavily influenced by the information and telecommunication technologies, the Internet. First and foremost these technologies are sources of new terms in law. It is noted that the use of Internet technology arises questions in legal science: whether regulation is required within emerging relationships, whether it is possible to apply existing "traditional" legal norms and whether law is really able to influence these relationships. Given the fact that a mandative feature of norms established by a State should be legal certainty, it is necessary to adapt the new terms to law, to include them into the framework and to provide adequate definitions.
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Tyunin, Vladimir Ilyich, Anton Gennadievich Antonov, Tatyana Andreevna Ogar, Maria Vitalievna Shkele, and Elena Andreevna Zorina. "Cyber crimes against property in foreign and Russian criminal law." SHS Web of Conferences 108 (2021): 02021. http://dx.doi.org/10.1051/shsconf/202110802021.
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The prerequisite for the study was a significant increase during a pandemic in the number of cyber crimes against property, caused by forced isolation, a reduction in the use of cash and an expansion of the scope of computer technology when concluding civil transactions. Purpose of the study: to identify trends in the criminalization of cyber crimes against property in foreign and Russian criminal law. To achieve the goal, the following methods were used: general scientific – analysis, synthesis, generalization, special scientific – statistical, formal logical, comparative legal, content analysis, the method of expert assessments. The results of the work were the classification of cyber crimes against property, the novelty is the definition of the most common type of these crimes – fraud, the identification of the growth of its individual forms during a pandemic. The issues related to the observed expansion of the scope of application of the liability for fraud, both in international law and in the national legislation of individual states, which are no longer limited to such traditional methods of committing it as deception and breach of trust. Cyber crimes in the Russian criminal legislation are investigated in their relation to crimes against property, recommendations are given for further optimization of the criminal legislation of the Russian Federation. In Russia, as in the rest of the world, during the period of the pandemic, an increase was recorded in crimes against property committed remotely, in relation to non-cash funds, using bank cards. When committing such acts, computer information, electronic data and programs are used as a method or means of committing them, which allows them to be classified as cyber crimes. Previously, cyber crimes were considered separately from traditional socially dangerous encroachments, but the massive use of information technology in the commission of certain types of crimes (in particular, crimes against property) requires a new approach to their description in national legislation.
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Chub, E. S. "The right to be forgotten: A new human right?" Digital Law Journal 3, no. 4 (December 30, 2022): 89–106. http://dx.doi.org/10.38044/2686-9136-2022-3-4-89-106.
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The article analyzes the need to establish the “right to be forgotten” as a new human right in the context of the correlation with the right to privacy. Its legislative development and global application call into question the relationship between private and public interests. The issue includes protection of an individual’s privacy, on the one hand, and freedom of information and expression on the other. In this context, the purpose of the study is to identify an approach to enshrine the “right to be forgotten” in a way that strikes an optimal balance of interests.Exploring the evolution of the “right to be forgotten” and the problems of its enforcement, as well as its impact on free access to information and freedom of expression, the author examines the current state of this institution. As the “right to be forgotten” originally appeared in the European Union, the article examines legislation and law enforcement practice of the “right to be forgotten” in the Russian Federation and the European Union, which leads to the conclusion that the “right to be forgotten” should be considered as an independent category in the current Russian legislation. It is proposed to supplement item 1 clause 10.3 of Federal Law “On Information, Information Technology and Information Security” with a provision that the operator of a search engine has the right to refuse to satisfy requests to remove references in cases where the information is of public interest.
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Sholichah, Mahendri Putri, and Dewi Rumaisa. "PERSONAL DATA PROTECTION LAW USED IN MOBILE PHONE SIM CARD REGISTRATION IN INDONESIA." Notaire 1, no. 2 (April 9, 2019): 267. http://dx.doi.org/10.20473/ntr.v1i2.9434.
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The growths of technology make the privacy of personal information become an important issue in most countries, including Indonesia. Utilization of personal data is common things in most of our activity within the cyberspace and in this case, even the advancement of technology cannot neglect the privacy of personal information. The abusing of the data record, especially the data that belongs to the personal data category, the information that exists within this data could go to the public when it is leaked. One of the cases related to the personal data abuse is registration of thirty mobile phone SIM cards using one person’s personal information without the consent of personal information owner. This paper explains about personal data cases related to the mobile phone SIM card registration, and from this case, some issues about the abusing of personal data will be taken as an example to give consideration for legislating personal data protection. Moreover, this paper also explores the purpose of personal data collection, sensitive data collection, limitation of data collection, storage of collected personal data, transfer of collected personal data, and deletion of collected personal data. This paper convinces the urgency drafting of personal data protection law for country likes Indonesia. Therefore it is hoped that this paper will become one of many considerations for the Indonesian government to include personal data protection law into their national legislation program and legislate the personal data protection law in recent times.
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O.F., Andriyko, and Nagrebelnyi V.P. "Administrative and legal doctrine and modern administrative legislation." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 22–27. http://dx.doi.org/10.33663/2524-017x-2020-4.
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In the article the present state of the doctrine of administrative law as one of the most important sectors in the legal system of Ukraine. The features of this branch of law and tendencies of its development and the acquisition of new essential characteristics under the influence of various factors of political, state-legal and public life. The focus is on direct influence of administrative law doctrine for updates of administrative law. As shown by the analysis, at present it does not fully conform to standards of civilization civil, legal, democratic and social society in the conditions of constant transformation of public administration system in transition. Separately, the necessity of a gradual introduction of ideology into the practice of domestic administrative law in the implementation and protection of constitutional rights and freedoms of citizens in their relations with the state and the state apparatus. Particular attention is paid to the analysis of the current administrative legislation of Ukraine, its convergence with other sectors of the domestic legislation and European Union law. It is noted that the increase in the number of administrative-legal acts in the rapid development of information technology and the various available forms of the use of modern technical means in the information environment creates certain problems. It is that continuous additions and amendments to relevant legal acts in all their openness and accessibility are difficult in their application. Also exacerbated the problem of integration of multiple acts that relate to tangential issues. Enacted legislation (including in respect of administrative-legal sphere), though timely, however, still not provided a mechanism for their implementation, or are those that require additions or changes. The conclusions reflect the results of the study and separately stated that the matter of updating the administrative law doctrines, ideas, theoretical constructs, representation of the directions of development of society, the state and public administration, building and activities of the Executive authorities and their relations with citizens and non-state entities should be the subject of ongoing research and discussions, public discussions. The same applies to the ways and prospects of improvement of administrative legislation and the feasibility of its systematization and codification. Key words: legal doctrine, administrative-legal doctrine, public administration, ideology of anthropocentrism, administrative legislation.
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Siregar, Gomgom TP, and Sarman Sinaga. "THE LAW GLOBALIZATION IN CYBERCRIME PREVENTION." International Journal of Law Reconstruction 5, no. 2 (September 9, 2021): 211. http://dx.doi.org/10.26532/ijlr.v5i2.17514.
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Globalization makes the world without borders, countries compete freely in various fields, and sometimes cross the jurisdictional limits of a country, overcoming cybercrime in legislation is absolutely necessary. Related to the jurisdiction of this crime which is a global crime, it is necessary to have a separate law that regulates cybercrime. The approach method using normative juridical. The results of research and discussion stated that The law globalization and politics provides cybercrime countermeasures in the application of legal norms between nations, which increasingly play an important role, especially how to regulate all forms of advances in information technology, communication, and transportation. This is inseparable from the foreign policy that has been woven between nations so far. Cybercrime regulation in legislation is absolutely necessary. Regarding jurisdiction over this crime, which is a global crime, it is necessary to have a separate law that regulates cybercrime, namely cyber law, which also regulates its jurisdiction by including the principle that allows cybercrime actors who harm the state even though they are outside the territory of the country.
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Bequai, August. "Legislative/regulatory developments in information technology and law from the US." Computer Law & Security Review 7, no. 2 (July 1991): 84–85. http://dx.doi.org/10.1016/0267-3649(91)90134-h.
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Zhou, Kexin. "Legal Regulation and Path Improvement of Face Recognition Information Protection from the Perspective of Comparative Law." BCP Education & Psychology 4 (May 31, 2022): 287–95. http://dx.doi.org/10.54691/bcpep.v4i.804.
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With the increasing popularity of artificial intelligence technology, face recognition technology has shown explosive growth, but high speed and risk coexist. In recent years, the number of cases caused by face recognition has been increasing at home and abroad. The civil law system has paid attention to the protection of face information, a particular type of personal information. However, whether the existing law can fully deal with the face recognition technology under the new technology development situation and whether it can effectively protect it still needs further demonstration and analysis. From many face recognition infringement cases, we can see that the abuse of face recognition technology and the infringement of face information have caused severe violations of personal rights and even endanger public security. With the introduction of the Personal Information Protection Law and Civil Code, information subjects obligations and legal consequences are stipulated, which better meets the practical needs of face recognition information protection. However, there are still some problems in practice, such as imperfect standards of face recognition information obligations, unclear definition of the 'safety, legality, legitimacy and necessity' principle, poor protection of sensitive personal information, complex relief of data space infringement, and unclear connection with criminal law. Therefore, based on the analysis of extraterritorial experience and domestic legislation and judicial practice, we can further improve the problems above and optimize the path of legal protection.
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Meskic, Z., M. Albakjaji, N. Jevremovic, E. Omerovic, and J. Adams. "Digitalization and Innovation in Achieving SDGs – Impacts on Legislation and Practice." IOP Conference Series: Earth and Environmental Science 1026, no. 1 (May 1, 2022): 012061. http://dx.doi.org/10.1088/1755-1315/1026/1/012061.
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Abstract The 2030 Agenda for Sustainable Development builds upon the Millennium Development Goals while at the same time reaffirming the conclusions of the leading instruments in the field of human rights and international law. The 17 integrated and indivisible sustainable development goals (SDGs) require innovation through digitalization and legal activities. Digitalization and new technologies are crucial for SDG 8, 9, and 16. SDG 16: Peace, justice, and strong institutions directly focus on law. While SDG 16 does not directly mention it, digitalization is essential in achieving its specific targets. Examples include concepts of e-government (including data protection and public access to information), e-commerce, equal access to dispute resolution mechanisms in cyberspace, and enforcement of non-discriminatory laws for sustainable development. The right to a healthy and sustainable environment encompasses economic, social, and environmental aspects that SDGs capture. To achieve these goals, the 2030 Agenda relies on international law instruments. The right to a healthy and sustainable environment is developing towards an internationally recognized human right. As environmental goals do not recognize national borders, international law plays a key role. International environmental law should facilitate a broader application of existing clean technologies through the transfer of technology and examine the development of new technologies as to its compatibility with a sustainable environment. Moreover, the human right to share in scientific advancement and enjoy its benefits embodies equal access to technology. The legal enforcement of sustainable goals in the private and governmental sectors remains one of the main concerns of climate change.
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Vasilevich, G. A. "Digital technologies as a factor of effective and sustainable development of society." Proceedings of the National Academy of Sciences of Belarus, Humanitarian Series 67, no. 2 (May 6, 2022): 234–39. http://dx.doi.org/10.29235/2524-2369-2022-67-2-234-239.
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The article considers some directions of the use of digital technologies in public life. It is emphasized that in modern conditions they become an important factor in sustainable development. Information technology ensures the implementation of the principle of information openness (transparency), which affects the nature of relations between different subjects of law. Attention is drawn to the positive and negative aspects of the introduction of digital technologies, including personal data protection, the right to decent work and productive employment. Proposals for further development of Belarusian legislation and law enforcement practice are made.
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Vodianaia, Mariia, and Anna Valer'evna Lyashuk. "Countering manifestations of extremism in the implementation of administrative supervision and judicial control in the field of communications, information technology and mass communications." Полицейская деятельность, no. 5 (May 2020): 18–28. http://dx.doi.org/10.7256/2454-0692.2020.5.34139.
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The article is aimed at further improving the legal support of law enforcement activities of internal affairs bodies in the field of countering extremism. The subject of the study is the norms of administrative legislation regulating public relations in the field of administrative supervision of the police and judicial control in the field of countering administrative offenses of extremist orientation in the telecommunications network "Internet", as well as materials of judicial practice and law enforcement activities of police officers. The work uses a set of general scientific methods of cognition, such as dialectical, hermeneutical and systematic approach. Private scientific methods were used, such as formal legal and statistical research methods. В The authors consider in detail the problem of optimizing counteraction to extremism in the process of administrative supervision of the police, as well as as a result of judicial control over the resolution of cases of administrative offenses of extremist orientation identified during the implementation of state supervision in the field of communications, information technology and mass communications. The characteristic mistakes of law enforcement are revealed, consisting in the excessive application of administrative coercion measures to persons brought to administrative responsibility for extremism. The authors come to the conclusion that it is necessary to change the approach in the perception of the concept of "extremism" in the telecommunications sphere as a phenomenon of "extreme" radical behavior. The ways of improving legislation and law enforcement activities in this area are proposed.
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Nedilko, Yaroslav. "FEATURES OF CONDUCTING INDIVIDUAL INVESTIGATORS (SEARCHED) ACTIONS DURING THE INVESTIGATION OF CRIMINAL OFFENSES COMMITTED USING INFORMATION TECHNOLOGIES (CYBERCRIMES) IN A MILITARY CONDITION." Criminalistics and Forensics, no. 67 (August 9, 2022): 292–301. http://dx.doi.org/10.33994/kndise.2022.67.30.
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The article is devoted to the peculiarities of conducting investigative (search) actions during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The procedural and tactical features of conducting separate investigative (investigative) actions in the investigation of cybercrimes under martial law are considered. The domestic procedural legislation regulating the conduct of investigative (search) actions under martial law is studied. Also, an analysis of certain provisions of Article 615 of the Criminal Procedure Code of Ukraine was carried out. The article discusses the features of conducting an inspection, search, and interrogation in videoconference mode during the investigation of criminal offenses committed using information technology (cybercrime) under martial law. The adopted amendments to the legislation improving the conduct of inspection and search are analyzed. The scientific literature has been summarized and tactical recommendations to investigators and prosecutors on conducting an inspection and interrogation in videoconference mode during martial law have been highlighted. It is noted that the effectiveness of interrogation in videoconference mode depends on the serviceability and modernity of the technical means to be used, as well as the speed of information transmission. It is noted that it is necessary to improve the process of recording the screen by creating a Linux-based operating system for the investigator and an additional program for fixing illegal actions. This program should record all the actions of the investigator to investigate and record the evidentiary information left in the electronic environment. In particular, the program must record the moment of entry into the operating system, the opening of the corresponding fixation programs, the time of this action, which resource is being investigated, and the like. At the same time, the received video recording data (CD-ROM, USB flash drive) should be attached to the inspection protocol. Key words: information technology, cybercrimes, martial law, individual investigative (detective) actions, examination, search, interrogation via videoconference.
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Lazebnyi, V. M. "Current Aspects of Legal Regulation for Monitoring Electronic Communications and Removal of Information from Electronic Communication Networks in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 94, no. 3 (September 29, 2021): 113–25. http://dx.doi.org/10.32631/v.2021.3.10.
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The article is focused on studying current aspects of normative and legal regulation for monitoring electronic communications in foreign countries and in Ukraine; on the features of conducting search and investigative actions on the removal of information from electronic communication networks.
The legislation of Ukraine does not currently provide the procedure for creation and implementation of interception systems for electronic communications, does not define organizational and technical requirements that should guarantee conditions for monitoring such activities, despite the relevance of modern legal regulation of conducting search, operative and technical measures in communication networks. rapid development of electronic information technology.
The legislator made an attempt to legally regulate the implementation of operative and technical measures in electronic communication networks in the Criminal Procedural Code of Ukraine dated from April 13, 2012, which provided the removal of information from transport telecommunication networks. Relevant norms were also provided in the Law of Ukraine “On Operative and Search Activities”. Regarding the dynamic development of legislation, which is primarily due to the adoption of the Law of Ukraine “On Electronic Communications” dated from December 16, 2020, the author of the article has stated the need to update the existing procedure for such activities.
The author has suggested measures, the realization of which should improve the capacity of authorized law enforcement agencies to combat crime in the field of information and communication technologies: adoption of the Law of Ukraine “On Interception of Electronic Communications”, amendments to the Laws of Ukraine “On Electronic Communications”, “On Operative and Search Activities”, “On Counterintelligence Activities”, “On Combating Terrorism”; bringing the norms of domestic legislation in line with the provisions of the Convention on Cybercrime; creation of conditions necessary to improve the capacity of authorized state agencies to remove information from electronic communication networks; establishing proper cooperation with foreign law enforcement agencies.
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Zhang, Yi. "Legal Approach to International Cooperation on Cloud Storage of Personal Information." Technium Social Sciences Journal 40 (February 8, 2023): 156–65. http://dx.doi.org/10.47577/tssj.v40i1.8341.
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The development of information technology has accelerated the process of globalization and has also internationalized the issue of personal information storage and protection. Personal information can be stored in a cross-border cloud based on the development of Internet technology. However, the separation of the controlling place and the storage place of personal information has brought new challenges to the international regulation of personal information protection. For example, the conflict of legislation, law enforcement, judicial jurisdiction, and the exercise of cyber sovereignty between different countries, etc. In order to strengthen international cooperation on the safety of personal information, it is recommended to promote the sharing of cloud storage of personal information by establishing international self-regulatory organizations, constructing a safety line for the protection of the private rights of information, creating the principle of confirming interests before the usage of information and strengthening the mechanism of punitive compensation in malicious commercial use, etc. It is important to further improve domestic unified legislation and clarify the extraterritorial effects of domestic laws. And introduce data controller standards under the principle of international comity to break the inherent territorial jurisdiction principle. Besides, it is also very necessary to establish and improve the graded and classified management and early warning mechanism for the commercial use of personal information stored abroad. Finally, it is important to take an active part in international negotiations and strive for the right to make international rules on personal information protection.
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Atsar, Abdul. "Legal Protection of Industrial Design Information and Communication Technology Based on Creative Economy to Improve Community Competitiveness." Yuridika 34, no. 2 (May 1, 2019): 194. http://dx.doi.org/10.20473/ydk.v34i2.7369.
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Law is very influenced on the development of Technology. The current legal tool has no readiness so that it can not keep up with the rapid technological advances. The purpose of this study is to analyze the application of regulation on protection system and law enforcement of ICT design based on creative economy to improve people's competitiveness. Research is a normative juridical study. The approach of this research is the approach of legislation, concepts and cases. This research is analytical descriptive. This study, using secondary data sources. Technique of collecting data with literature study. Data analysis technique by qualitative normative descriptive method.The regulation of the legal protection system of industrial design of ICT, in Law no. 31 Year 2000, has not been regulated explicitly about the element of novelty, the application of constitutive stelsel cause obstacles. The law enforcement of ICT design is not yet effective, because of three aspects: 1) The legal substance aspect is not yet explicitly regulated about the novelty element in Industrial Design terms and the qualification and classification of the object of Right, the substantive requirement of Right of Industrial Design, the provisions of sanctions that distinguish between rights violations caused by the substance of the "same" and "similar" Industrial Design Designs registered for commercial purposes; 2) the aspect of its law enforcers, there is no appeal commission of industrial design, law enforcers have not understood the substance of the provisions of industrial design law; 2) Legal culture aspect. Indonesian society is still communal.
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Kemény, Gábor. "Hindering and supportive factors of cross-border information exchange." Belügyi Szemle 68, no. 2 (September 15, 2020): 51–69. http://dx.doi.org/10.38146/bsz.spec.2020.2.4.
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The aim of this paper is to provide a well-detailed insight into the theories of international law enforcement information exchange and by this to provide guidance to strategic level decision makers how to improve their work and efficiency. The author tries to achieve this goal by introducing the relevant scientific theories in the field of organisational cooperation and adapting these ’civilian’ concepts to the specific law enforcement context. The theoretical evaluation identifies three main environments, organisational, legal and technological (Yang and Maxwell, 2011), to find the supporting and hindering factors of law enforcement cross-border information exchange. Within the organisational environment the author examines how the bureaucratic organisational structure, the diverse organisational culture, trust, reciprocity and leadership influences the information sharing process. Under the policy environment, the impact of the national and EU legislation is introduced. Furthermore, the consequences of various data protection and privacy regulations, lack of harmonised national legislation and diverse interpretation of the policies are outlined under this section. Lastly, the characteristics of the hindering and supporting technological environment is detailed. Here we discuss the issue of interoperability, homogeneity and the state of the Information and Communication Technology (ICT) system and its impact to the exchange process. Based on the findings, the necessary conclusions are deducted and recommendations are elaborated which helps to eliminate barriers and thereby to create a supportive organisational environment. The most important recommendations are: to avoid coercive bureaucracy; to promote transformational leadership style and shared organisational culture; to establish a unified and harmonized legal background for cross-border information exchange; to create an information exchange friendly ICT environment and to ensure interoperability, homogeneity.
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Mosechkin, Ilya N. "Criminal liability for organizing a stable group of persons aimed at committing crimes in the field of computer information." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 28–45. http://dx.doi.org/10.21638/spbu14.2022.102.
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The article analyzes legal problems arising in connection with the establishment of criminal liability for organizing a stable group of persons for committing crimes in the field of computer information. The urgency of this topic is due to the negative dynamics of crimes associated with computer technology and committed by criminal communities or organizations as well as the constant growth of damage from them. The author evaluates the current criminal law measures to counter organized cybercrime, identifying their shortcomings. The provisions of domestic and foreign criminal legislation were analyzed, which made it possible to identify some legal gaps and identify ways to overcome them. The article proves that the Criminal Code of the Russian Federation does not fully cover cases of the creation of organized criminal groups aimed at committing illegal activities in the field of computer information. In particular, responsibility is not differentiated between a group of persons by prior conspiracy and an organized group; the category of crimes and the absence of the purpose of making profit do not allow qualifying the act as committed by a criminal community or a criminal organization. It is advisable to recognize the very fact of the creation of illegal organized formations as a separate tort, as is done in the legislation of individual countries of the “common law” legal family, as well as in domestic norms regulating countering terrorism and extremism. It is proposed to include in the Criminal Code of the Russian Federation a norm providing for responsibility for organizing a stable group of persons aimed at committing crimes in the field of computer information. The wording of the corresponding article has been formulated, which can be used as a recommendation when improving legislation.
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Ivanović, Mirjana Drenovak. "The application of information technology and environmental protection." International Review of Administrative Sciences 78, no. 4 (December 2012): 692–709. http://dx.doi.org/10.1177/0020852312455305.
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The Aarhus Convention became a part of the Serbian legal system through the adoption of the Law on Ratification of the Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters in May 2009. Although the legislation in Serbia, prior to the ratification of the Aarhus Convention, pointed, to some extent, to the realization of ideas promoted by it, following the ratification, there was the formal possibility of the consistent application of rights stipulated by the Convention. This article analyses the role of information technology (IT) in providing public access to environmental information. There are three basic ways IT may be applied in environmental protection. First, through the use of IT for environmental matters, the public can be informed about the general condition of the environment. In the legal system of Serbia, the Agency for Environmental Protection is obliged to collect environmental information from local government and compile annual reports on the environment that should be presented on the Agency website. This article analyses the information systems of the Serbian Agency for Environmental Protection and the further possibilities of using these. Second, IT can be used as a way of regular communication between government and citizens. In accordance with the principle of transparency, government bodies are obliged to provide an adequate way for the public to have an insight into their work. In addition, the authorized person is responsible for the accuracy of this information and for providing public access within a reasonable timeframe. In this sense, the article analyses the legal framework of e-access to environmental information and the relevant practice of the Commissioner for Information of Public Importance and Personal Data Protection. Third, the application of IT in environmental matters can promote public participation in environmental decision-making. If there were a legal framework, the public would be able to participate in procedures, such as environmental impact assessments, by submitting their opinions as e-documents. This article points out the relations between the application of IT and the level of public awareness about the environment, and the impact these relations have on environmental protection. Points for practitioners The article examines whether there is a possibility of using IT as a means of achieving daily communication between government and citizens in matters of the protection, preservation and improvement of the environment in Serbia, how the application of information technology achieves wider public participation in environmental decision-making, and whether the application of IT can eliminate deficiencies in the assessment of environmental impacts which occur in practice. The article provides an overview of environmental legislation in Serbia, which regulates the possibility of using IT in environmental protection and administrative practice.
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Arindrajaya, Safina Callistamalva, and Stefan Koos. "Legal Protection Against Cryptocurrency Investors: Overview of Indonesian Consumer Protection Law." Journal of Human Rights, Culture and Legal System 2, no. 2 (July 13, 2022): 113–20. http://dx.doi.org/10.53955/jhcls.v2i2.32.
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Information and communication technology advancements has spawned numerous innovations, including cryptocurrency. Cryptocurrency is a currency that only exists in Indonesia as a digital asset. The volatile and uncontrollable value of cryptocurrencies causes investors to suffer losses. This study aims to determine the legal protection of cryptocurrency investors in Indonesia under Consumer Protection Law. This study employs a descriptive qualitative methodology with a normative approach through legislation. According to the findings of this study, The Consumer Protection Act provides legal protection for cryptocurrency investors by regulating the rights and responsibilities of consumers and business actors.