A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE Problems of legal regulation of quantum technologies
The article examined the problems of legal regulation of one of the directions of quantum technologies — quantum communications. On the basis of the study, the authors made proposals to include the development and legal provision of quantum communications in the information security strategy of the Russian Federation; on the development and legal consolidation of the principles of legal regulation of quantum communications; the creation of the Federal Agency for the Development of Quantum Communications and the Determination of its Legal Status; The establishment in Russian legislation of a general mandatory requirement, in accordance with which for the production of quantum communications for the needs of the State administration should be used exclusively financial equipment and components; the introduction of mandatory certification and standardization of quantum communications technologies; Establishing special rules for public procurement of software and hardware for quantum communications. In addition, the question is raised about the adoption at the supranational level of the relevant international Convention, which establishes the basic principles of interaction between the state, business and science in the development and implementation of quantum technologies.
One of the strategic directions for the development of end-to-end information innovations identified quantum technologies that provide in the future global technological competitiveness of the State. However, in the Russian Federation the legal provision of the quantum technology sphere is fragmentary, non-systematic, including, the legal essence of quantum technology is not defined, there is no definite apparatus, are not properly fixed types of quantum technologies, etc. Therefore, the study of legal features of quantum technology with the allocation of species components, the identification of negative factors that hinder the development of the sphere of quantum technologies and the proposal of definition of «quantum technology» and its individual species as legal categories seems to be a promising direction. The author’s definition of quantum technology as a set of processes, tools, methods of data collection, processing and transmission using quantum phenomena (quantum effects) is proposed as the main conclusions the main difference between quantum technologies and other information technologies developed on the basis of mathematical platforms and algorithms, in their physical (natural) essence, based on quantum effects (quantum phenomena).
The article provides an overview of the digital technology quantum communication and its place among end-to-end digital technologies. Also the problem of quantum threat to the information security of the Russian Federation is considered. The cryptography used today is based on discrete logarithms or factorization, which will lose their cryptographic strength after the implementation of a quantum computer. All countries have started to analyze and develop new information security technologies which are capable to ensure its confidentiality in the quantum era.
The article analyzes the experience of building a new information security system in several countries (Great Britain, the European Union, the USA, China). The analysis made it possible to evaluate Russian actions in this area, as well as to identify shortcomings in the regulatory framework governing quantum cryptography, which include quantum key distribution, quantum random number generator, post-quantum cryptography.
The author substantiates the need for the introduction of an experimental legal regime and the creation of the «cryptographic agility». The implementation of these proposals will help to prepare a regulatory framework for data migration to an environment protected by cryptographic ciphers resistant to quantum computing. The quantum communication is a new way to protect information in a digital state, where data plays a key role, and their confidentiality and integrity become the key to national security.
VECTOR OF LEGAL SCIENCE Actual problems of information law
The article is devoted to the formation of a common information space of the Union State. The Union State, as an interstate entity of a new type, forms a common information space in which the interests of the Union State, the states that make up it, and the citizens of Belarus and Russia — citizens of the Union State should be taken into account. Accordingly, the legal framework of the common information space should also be formed, based on the regulatory legal framework of the private member States of the Treaty on the Creation of the Union State.
It is necessary to prepare new conceptual documents defining the priority directions of its development. One of the options could be the development of a Concept for the development of the Information Space of the Union State, which, in the absence of the Union Bases of legislation, could become a reference point for the state authorities of the Republic of Belarus and the Russian Federation and determine the directions of convergence of national legislation in this area.
The leading factor of the transformation of the legal sphere of post-industrial society is the technological challenges that create risks of technological and legislative singularity. The legal culture is transformed in connection with the formation of a new worldview and legal thinking. The purpose of the study is to determine the factors, patterns, prospects and risks of transformation of the culture of law-making in post-industrial society. The result was the identification of factors of the transformation of the culture of law-making. The increase of the technological component in the composition of the law-making culture of post-industrial society has caused such patterns of its transformation as the symbiosis of legal and digital technologies, the blurring of the lines between the object and the subject, the object and the result of law-making. Prospects for further transformations of the culture of law-making are revealed — acquiring new functions, transforming the system of law and restructuring its sources, innovations in the subject and object composition, stages and technological component of law-making, its inherent terminology. Human-machine interaction, hybridization as the main features of the emerging “digital” culture of law-making not only has advantages, but also carries serious risks, the management of which, along with the proactive impact, becomes the most important function of the law-making culture of post-industrial society
The main pathos of the article is to show that the reality in which we are doomed to live, together with many previously unknown dangers, has provided stunning opportunities that previous generations did not know. The way of communication has changed, and this revives the hope for the restoration of lost or not found links between the state and society. The live interaction of the actors representing them is an important marker of open government. The concept of open government turned out to be difficult to instill in most countries with economies in transition, mainly because the recipes of legal dogmatics discovered in a certain era, culture, and context are taken as the basis for its implementation by these countries. For the historically past legal worldview, interpretations of the state as a subject of control influence, a set of management structures, and society as an object of such influence were quite organic. At the same time, the state completely dispensed with communication with society. The digital world of the post-industrial era has changed the usual state of affairs, given a new look to both society and the state. The matrix of realities does not leave unchanged the dogmatic truths about the state-centric nature of law, the closed nature of public authority, the unilateral influence of the state on society, and their legal interaction. These provisions do not need external and ritual stylization to the dictates of today’s digital fashion, but a balanced dynamic representation.
The study focuses on the importance of information sovereignty for the formation of a digital environment of trust. The author used the following methods: hypothesis building, idealization, legal modeling, and comparative legal method. Results. In the context of globalization and digital transformation, there is a modification of the forms and mechanisms of the implementation of socio-economic relations, the formation of new instruments of interaction. The emerging new and derivative risks, challenges and threats form an obvious request for the formation of an environment of trust for the implementation of the entire spectrum of public relations in the digital space. The article substantiates the relationship between ensuring information and technological sovereignty and the formation of a digital environment of trust in a modern state. The use of a territorial approach in relation to information infrastructure in determining the scope of state sovereignty in the information space is the prevailing approach in solving these tasks.
Within the framework of this approach, the key components of information sovereignty have been implemented, including the mechanism of localization of personal data, the use of domain names on the territory of the Russian Federation, the establishment of requirements for telecom operators, the legal basis of activity for foreign persons operating on the Internet has been established.
An attempt has been made to analyze the trends in the exercise by minors of the right to access information and resources in the library sphere in the realities of digitalization. It is proved that the main directions of realization of children’s information rights in the library sphere are currently: guaranteeing the child’s access to library positive content; creating a safe information environment; the implementation by libraries of the function of the guarantor of the child’s right to receive a quality education, the adaptation of a minor to the knowledge society.
It is argued that the system of legal regulation of the implementation of information rights of minors in the library sphere is based on provisions of federal laws, strategic planning documents, international treaties, soft law documents. Based on the results of the study, the author proposed a number of practical steps to create a secure digital environment in libraries.
The article deals with the problems of protecting the right to privacy, in terms of violation of the confidentiality of information and responsibility for these violations. In the era of the global development of the information society, the introduction of digital technologies, issues related to ensuring the security of the individual, respect for freedoms and legitimate interests, as well as guarantees for the exercise of constitutional and other rights of citizens, are becoming increasingly important. Holding accountable for violating the regime of confidentiality of information about private life, including in the information sphere, is an integral component of the legal protection of information, access to which is limited. Despite the lack of legislative consolidation of the definition of legal liability, there are various approaches in legal science that consider the legal essence, types of liability, the analysis of which is given in this article. In this regard, a number of problems have been identified and considered. The features caused by a wide subject structure are investigated. A separate place is occupied by the history of the development of legislation in this area in Russia and foreign countries. Particular attention is paid to various types and features of the application of legal liability.
The Russian legislator considers personal data subjects as rational agents when they make decisions regarding their privacy. However, the real behavior of individuals (i.e., social reality) shows that this is not the case. The privacy paradox and other features of subjects’ decision-making process that affect their personal data play a key role in providing a new paradigm for legal regulation of personal data. This paper describes the concept of the privacy paradox and confirms the existence of the problem of mismatch between the current Russian legislation and real social practices in the field of privacy in the conditions of digital transformation and the formation of a surveillance society. The author proposes a number of steps to start a transitional period in the legal regulation of personal data, namely those aimed to simplify the informed consent procedure and to increase the general awareness of data subjects about their personal data and legislation.
The article is devoted to the issues of legal protection of personal data in medicine and health care; approaches to the protection of personal data contained in medical records in the Russian Federation and in the European Union; specifics of the relationship between legal protection of personal data and medical secrecy; relevant cases of providing medical records containing personal data on deceased persons; problems of improving the legislation on the basis of health protection of citizens in the Russian Federation in accordance with the legislation on personal data.
When deciding whether relatives, in the event of the death of a citizen, can get access to information about the state of health of the deceased contained in medical documents, it is necessary to take into account the balance of interests of patients, relatives, spouses and other persons in obtaining access to the patient’s medical information in case of his death.
VECTOR OF LEGAL SCIENCE Cyber Law
Currently, blogs are a very common and convenient form of Internet communication from the point of view of information dissemination. Through blogs, socially significant issues can be discussed and various needs of public life can be realized. At the same time, the threats of using blogs for illegal purposes have also increased significantly, for example, to spread fake information, to involve Internet users in committing illegal acts. In this regard, the attempts of the Russian legislator to regulate the blogosphere indicate the close attention of the state to the functioning of blogs, the rules for posting information and the activities of key actors on such Internet resources. Currently, there is no effective mechanism of legal regulation in the blogosphere, despite the fact that recently the legislator has adopted a number of regulatory legal acts aimed at regulating public relations in the digital environment. The analysis of the legislation of the Russian Federation shows that the key issues of the use of the blogosphere (from the conceptual apparatus to the delimitation of areas of responsibility) are not properly regulated. In this regard, the issues of defining the key categories of the topic under consideration (blogosphere, blog, blogger, etc.) and the regulation of relevant public relations in Russian legislation require careful consideration by representatives of state authorities, experts of the Internet industry, human rights defenders. It seems that an optimal balance of interests between society and the state can be achieved through the development and adoption of a strategy of legal regulation in the blogosphere.
The system of social credit (social scoring) is a series of serious violations, covering a number of violations of the constitutional rights of citizens. The formed system of law and freedom not only must, but is forced to follow the spirit of the times and orient itself in the interests of society and the state. Nor is the right to information exclusive, in particular the right to access information. The internal legislator and the Russian scientific communityneedto be ready to the development of a social scoring. Leadership in the international arena will be ensured not by the speed of introducing this system into the life, but by the quality of the development of legal regulation, legal mechanisms for protecting the rights and freedoms of citizens, as well as the quality of ensuring the information security of the entire state.
The development of modern technologies has led to the creation of a new way to conclude agreements through automated systems — smart contracts, the emergence of which was largely due to the development of distributed ledger technology (Blockchain). The advantage of the system of “smart contracts” is the ability to make transactions directly with counterparties, without resorting to the services of banks, payment system operators and other transaction operators, which, in turn, reduces costs. Smart contracts can also be used during remote electronic voting, allowing you to solve problems related to security, reliability of data and their protection. Many states have managed to assess the advantages of this technology, having decided to implement it in the digital economy. But before implementing the achievements of scientific and technological progress, it is necessary to understand their technical and legal nature in order to form proper legislation regulating their application. Within the framework of this work, the technical and legal features of smart contract technology are considered in comparison with the traditional form of concluding contracts, and it is also proposed to use it in economic turnover within a special platform.
The key feature of digital financial assets and other crypto assets is that their circulation is carried out within the framework of an information system based on decentralized ledger technology. In this regard, for the purposes of stability and protection of the rights of investors, ensuring the cybersecurity of such a system is of great importance. The purpose of this article is to study the provisions of Russian legislation in the field of cybersecurity of information systems through which the circulation of crypto assets is carried out, and their comparison with the legislation of foreign countries, primarily France and Malta. As a result, the author concludes that the existing legal regulation in Russia is of a general nature, which hinders the formation and development of the market for digital financial assets in Russia. In this case, the question inevitably arises regarding the specification of legal requirements. In particular, how detailed should the legislation establish technological requirements? It seems that regulation should follow the principle of technological neutrality, that is, establish general requirements and goals, but not provide for the use of any specific technology.
The article concludes that an intersectoral institute of digital intermediary is being formed in modern legal science and legislation of the Russian Federation. The legal status of digital intermediaries is determined by the rights and obligations of the subjects of the main legal relationship, the conclusion, modification, and termination of which occurs through an information system, and the technological capabilities of this system. It is necessary to increase the security requirements for remote identification and authentication of users. The use of big data and artificial intelligence technologies makes it possible to implement automated decision-making processes with legal consequences for individuals. Digital intermediaries should actively inform the data subject about profiling and automated decision-making, including specific information about this type of processing in the privacy policy. The use of digital technologies carries additional risks associated with the need to ensure the information security of users, which requires: the organization of a permanent internal audit of an information system based on an effective risk monitoring system; the development of special security standards and the establishment of responsibility for their non-compliance.
VECTOR OF LEGAL SCIENCE Problems of regulation of information and digital technologies )
In recent years, we have observed that in various legal orders, including within the framework of the Russian legal regulation of the social relations in question, there is a movement in favor of strengthening the provisions of the so-called “soft law”. Soft law is a quasi-legal, non-binding law that is mainly focused on protecting consumers and/or users in digital matters. Notably, although soft law is not legally binding, this fact does not mean that it is completely void of legal force. The possibility that business and other professional actors may also pursue common interests should be recognized. The main problems of legal regulation are: the ratio of state regulation and self-regulation; the legitimacy of the extension of state sovereignty to the virtual space; development of a uniform conceptual apparatus in the field of e-commerce; identification of participants in electronic commerce, electronic document management and electronic transactions; jurisdiction and applicable law in the field of e-commerce; ensuring the security of information exchange. In the same way, certain standards and rules of self-regulatory organizations, as regulatory tools created by these entities, can also be an important tool for public administration in the field of digital technologies.
In this article, the authors consider the features of smart contracts as a fundamentally new model of contractual relations, relevant in view of the comprehensive digitalization of various spheres of life. Smart contracts are considered as the so-called self-executing contracts, in which the terms of the agreement between the buyer and the seller are directly spelled out in lines of code. At the same time, the code and the agreement associated with it exist in a distributed decentralized blockchain network. Smart contracts guarantee a very specific set of results, which makes it possible not to resort to litigation, in fact, avoiding conflict situations. The authors analyze various types of smart contracts, problems associated with changing the terms of a smart contract, and limitations connected with the use of such a model of contractual relations. The article draws attention to the fact that the automated execution of the terms of the contract will cause problems, because the lines of code, unlike a traditional written contract, cannot be changed with the same ease. In conclusion, the authors discuss the impact of digitalization processes on the development of smart contracts.
In the context of the digital transformation of all spheres of society, the practical application of artificial intelligence (AI) technologies introduced in all sectors of the economy and public administration, as well as in the daily life of a person, has increased over the past decade. In this regard, the actions of national Governments, various international organizations, international non-governmental organizations, large transnational corporations have intensified to form universal and universally recognized rules containing norms that are focused on the legal regulation of the development, implementation and use of various AI systems, as well as to ensure the ethical foundations of the use of such systems in order to prevent human rights violations. Taking into account the enormous possibilities of AI technologies that can have a comprehensive impact on human rights, the legal and other consequences of the decisions taken will have not only a local, but even a global character for the entire world community. The author of the article describes some examples characterizing the activities of international organizations in recent years in this area, and also identifies priority issues of the participation of the Russian Federation in the process of developing international legal norms and positions, taking into account national interests and in accordance with domestic doctrinal legal acts.
The article offers an analysis of the means of ensuring the right of access to information in the digital profiling system. The objective of the study is to identify the problems in the field of ensuring the right of access to information and to identify the main ways of solving them. In the study of peculiarities of this institution, special attention is given to the balance of interests between the data privacy and a right of a person to access information about himself. The study presents the author’s concept of a digital profiling system, reveals the content of this system, and describes the mechanisms of information and legal provision of the right of access to information in the digital profiling system. Among the examined aspects of the implementation of the right to access to information, the discussion points concerning the three main categories of subjects with the right to access information in the digital profiling system are highlighted. The issue of control over the information stored in the digital profiling system is given a separate place, based on the need to obtain the subject’s consent to access their data and the protection of the data from unauthorized access by third parties.
The article offers an analysis the existing alternative mechanisms for regulating relations, regulating relations directly or indirectly mediating the use of information technologies, including relations on their development, implementation and direct application, provides an overview of acts developed by the professional business community. The assessment of the permissibility of such acts, the degree of their compliance and role in the formation of legislation that ensures a balance of the interests of the state in terms of fulfilling its duty to maintain the state of protection of citizens in the context of large-scale introduction of information technologies, on the one hand, and the interests of the business sector of the information technology market in promoting products that meet the requirements of legislation and trends in its development. An important issue is also the search for the optimal way to give local acts the status of binding by bona fide market participants. The decisions of state authorities that already exist in the information market, which make it possible to give acts of self-regulation binding force, are considered.
TRIBUNE FOR YOUNG SCIENTIST
The number of accounts belonging to deceased people is increasing in social networks. At the same time, the law does not regulate the period of its existence. Social networks contain various rules for the existence of accounts after the death of their owners. Some companies already offer digital afterlife. The article offers an analysis of the technologies of digital reincarnation of a person in their relation to the right to «digital death». The potential risks of obtaining unauthorized access to the content of the account are being investigated. The author assesses the inability of the current legislation to protect personal data and intellectual property based on the analysis of international experience. In this situation, the author suggests the inclusion of RUFADAA norms in the Russian legislation on personal data. To protect intellectual property and inheritance, the author proposes to provide for the rights of heirs to a social network profile. Special attention is paid to the discussion about the electronic testament.
The article discusses legal issues related to quantum communications. Special attention is paid to the principles on which the work of quantum communications is based. The necessity of observing the uniformity of the conceptual apparatus in the system of Russian law is pointed out. The review and comparison of the main strategic planning acts of the European Union, the Russian Federation and other countries in the field of quantum technologies and quantum communications is given. The main foreign and international standards are analyzed. Considerable attention is paid to the attempt to give the concept of quantum communications as an information technology, which can be fixed in the adopted acts. The main legal problems associated with the introduction of quantum communications are identified. The conclusion is made about the negative consequences of excessive regulation of this area.
This article is devoted to a video game as an object of copyright. The paper defines the concept of “video game”, highlights its features, summarizes approaches to determining the right mode of a video game. American literature and copyright legislation in relation to video games are also analyzed. In particular, the paper considers the experience of protecting the rights to an audio-visual work in the USA. Examples from judicial practice in such cases are also given. This made it possible not only to analyze the legal regime of regulation of multimedia objects, but also to raise the issue of some features of judicial review of such disputes. Noteworthy is the example of an independent allocation by the court of elements of a video game that are subject to judicial protection as objects of copyright. Particular attention is paid to the need to consolidate the work of representatives of the gaming industry and the legislator in terms of the normative definition of a “video game”, the objects of which it may consist and the possibility of their addition to existing ones, as well as determining the circle of authors of a multimedia work.
The article discusses the legal aspects of digitalization of forestry. It is shown that the current stage of forest management reform demonstrates the need for the use of new technologies to improve and increase the efficiency of the use of forest resources and fire protection.
Today, the Russian forestry sector is in great need of digital technologies capable of generalizing large databases of analytical data needed in the system of state management and monitoring of forests. In the practice of management, digitalization is already actively entering the forest industry. The article examines the current legislative and regulatory framework that ensures the use of digital technologies in forest management and protection of forests from fires. The author has carried out a comprehensive analysis of the regulatory legal acts adopted in recent years in the field of forest protection from fires. The foreign experience in the field of activity under consideration is investigated.
КНИЖНАЯ ПОЛКА. РЕЦЕНЗИИ
The article presents the analysis and evaluation of the fundamental theoretical and historical research — a monograph, which reveals the patterns of historical legal development from the change of technological orders. The purpose is to identify the advantages and disadvantages of the reviewed work. New methodological approaches of the authors of the monograph are noted, who, within the framework of an interdisciplinary synthesis, applied the provisions of the theory of technological orders to the historical and legal study of the dynamics of Russian law. It is concluded that the reviewed monograph is an innovative and scientifically significant interdisciplinary study that makes a significant contribution to legal science, to the understanding of historical and modern processes in the legal sphere of society under the influence of technological innovations.
The article presents the analysis and evaluation of a new innovative textbook “Information technology support of legal activity (LegalTech): textbook / under the general editorship of A. V. Minbaleev / of the Kutafin Moscow State Law University (MSAL) — Moscow: Prospect, 2022. 368 p.”, prepared by the staff of the Department of information law and digital technologies of the Kutafin Moscow State Law University (MSAL). The textbook reveals the essence and main directions of the development of LegalTech. The purpose is to identify the advantages and disadvantages of the reviewed work. It is noted that the textbook aims to develop digital innovations in professional legal activity and contribute to the formation of new knowledge in the field of LegalTech. It is concluded that the innovative nature of the textbook is also reflected in its structure, reflecting the synergy of legal activities and information technologies that have become an integral part of legal procedures in various industries.
LAW IN HISTORICAL REFRACTION. Legal heritage
POST SCRIPTUM
ISSN 2782-6163 (Online)