A WORD TO THE READERS
KUTAFIN UNIVERSITY CHRONICLE
VECTOR OF LEGAL SCIENCE. Artificial Intelligence and Law
The article develops the idea of a new universal right — the right to refuse digital technologies, using the example of a separate area of AI use. It characterizes the digital development of human society, describes issues of trust in digital technologies, including using foreign and Russian sociological studies as an example, and identifies the risks to humans and humanity on account of reckless use of new technologies. It provides a legal analysis of patterns and cites foreign and Russian examples of legal initiatives related to limiting the use of AI technologies. It considers the ideas about the scope of the right to refuse digital technologies.
The creation and successful operation of programs for electronic computers capable of performing actions not related to direct operator commands and not initially embedded in the programmable code (artificial intelligence class programs) have caused a number of problems in the theory of legal regulation, including including the problem of determining whether a program of the “artificial intelligence” class, performing independent actions of legal significance, acquires such properties as legal capacity and personality. The solution to this problem is possible through the use of the experience of Roman law.
The introduction of ChatGPT in November 2022 by OpenAI has stimulated active discussion about the implementation of artificial intelligence (AI) in various fields such as science, entrepreneurship, and education. Although AI has been used in many areas of the economy for several years, the use of generative AI models, for example the American ChatGPT service, is becoming the information technology that sets the vector of technological progress in the use of AI. The main areas of application of generative AI are quite simple: it is not only the creation of video and audio files as the results of intellectual activity, but also the use of this technology to predict business decisions, make such decisions, in corporate governance, etc. The extent to which the use of generative AI is justified and does not create legal uncertainty is a debatable issue. In this connection, various positions on this issue are expressed in the scientific literature.
At the same time, the legal regime actually applied to such artificial intelligence does not create legal certainty for business entities when using it. In summary, this article contributes to the growing academic discourse in an area of /significant research regarding the potential impact of AI and offers practical insight into how to use this technology to develop new or improve existing business models, taking into account its legal characteristics.
VECTOR OF LEGAL SCIENCE. Legal Support of Sovereignty and Information Security in Cyberspace
The study is devoted to the issues of effective provision of digital technological sovereignty of the Russian Federation in the modern conditions of the formation of a multipolar world. The paper examines approaches to defining the concept of “technological sovereignty”, as well as its relationship with the concepts of “information sovereignty” and “digital sovereignty”. Based on the study, the author substantiates the conclusion that the concept of “technological sovereignty” in the field of digital technologies is generic in relation to the concept of “digital sovereignty” as components of state sovereignty. The study notes the relationship between issues of technological sovereignty in the field of digital technologies with the development of a conceptual apparatus, ensuring information and psychological security of citizens and society, training personnel for the data economy, with legal protection of domestic manufacturers of tools and solutions based on the latest digital technologies and other problems in this area. The most important component of ensuring national interests is the formation of legal models of regulation based on risk-oriented and system-conceptual approaches.
This article is devoted to practical issues of proving defamatory offenses that have become especially widespread due to the development of information technologies and that infringe on the honor, dignity, business reputation (create a threat to the media security of individuals and legal entities). The author examines various approaches to the scope and content of the concept of “defamation”, substantiates the doctrinal understanding of defamation as the dissemination (intentionally or unintentionally) of defamatory, but exclusively false information about a person, as well as insulting a person. Exceptions to this approach are described and it is substantiated that the most correct way to include in the scope of the concept of “defamation” is the dissemination (intentionally or unintentionally) of false and (or) defamatory information about a person, as well as insulting a person, since this approach, on the one hand, covers both cases of knowingly false dissemination of defamatory information (slander), and humiliation of honor and dignity in an indecent form (insults); on the other hand, it takes into account the variability of the signs of a defamatory nature and unreliability of information for exceptional cases. Thus, analyzing the common features of defamatory offenses, the author combines civil defamation, libel, and insult into one group. The article provides a comparative analysis of the signs of the objective side of the three types of defamatory offenses, and also examines the features of using specialized knowledge in defamation cases.
On the one hand, one of the priority areas of state policy in accordance with the National Development Strategy is the accelerated development of artificial intelligence (AI), on the other hand, various problems arise, including legal regulation of the field of AI in order to ensure the security of the information space of the Russian Federation.
Methodology: Using a set of dialectical, formal and systemic methods to study the development and implementation of AI technologies to determine the main directions of legal regulation in the field of AI and identify problems associated with legal support for the security of the information space of the Russian Federation.
Results. Approaches to regulation of AI in the Russian Federation and in world practice are analyzed; The existing legal problems in the field of development and use of AI are considered. It has been revealed that the introduction of AI technologies leads to violations of the security of the information space of the Russian Federation. The result of the study was the substantiation of the need to create a unified regulatory framework in the field of AI to ensure the security of the information space of the Russian Federation, which can be achieved by improving the legislative framework in the field of AI, as well as minimizing the identified legal risks associated with the practice of developing and implementing AI technologies.
In the work, taking into account previous studies of the stages and tasks of the development of the global information and digital economy of the information society, strategic and program documents for the development of the digital economy of the information society, the systematization of tasks and consistent disclosure of the content of the tasks of digital transformation of public and municipal administration, economics and the social sphere as one of the target areas for the development of the digital economy in the Russian Federation is carried out. Based on the study of statistical data on security incidents when citizens use the financial services of the Bank of Russia, data on the types of attacks on the Portal of public services and statistical data of the Ministry of Internal Affairs of Russia on the growth of cybercrime, a conclusion is drawn about the relationship and mutual influence of the processes of digitalization of public administration in the social sphere and information security of the exploited digitized processes of interaction of citizens with public services and financial services. This fact allows us to conclude that the processes of providing public and financial services are not sufficiently mature in terms of their cybersecurity level. To increase the level of cybersecurity of digital solutions, the author proposes to introduce in Russia the National Cybersecurity Index as a state mechanism for evaluating and controlling the necessary level of security of digital solutions accepted for operation and implemented within the framework of the national goal “Digital transformation of public and municipal administration, economy and social sphere”. The conducted research contributes to understanding the place and role of the information security system in digital public administration and digitalization of the social services sector.
Indicators of ensuring sovereignty cannot be aggregated and estimates should be given for a separate area or type of activity under consideration. Therefore, sovereignty can be considered systematically and structurally, depending on the industry or field of activity, which will allow us to focus on improving the effectiveness of the legal regulation mechanism. Increasing threats in the information sphere have actualized the task of ensuring sovereignty. The technical, technological and social components of the information sphere are the factors of its provision. The term “technological sovereignty” is often used, which affects the information sphere, but is not limited to it. On the other hand, not all the subject area of technological sovereignty solves the issues of the information sphere. “Digital” or network sovereignty shifts the emphasis in favor of the digital space created and mastered on the basis of digital technologies in the information and telecommunications network of the Internet. However, the assessment of sovereignty in the information sphere from the perspective of digital technologies only significantly narrows the scope of both scientific research and the possibilities of legal regulation, since in addition to digital, analog and quantum types of information technologies are distinguished, acting as a guarantee of national security and ensuring state sovereignty. It is the term “information sovereignty” that covers all the priority areas of the national state policy in the information sphere. Information sovereignty is the ability of a state to independently form an information policy and the ability to ensure security in the information sphere regardless of external influence.
An attempt has been made to analyze the impact of end-to-end digital technologies and the cyber environment on the system of legal regulation of library information turnover.
It is noted that the social institute of the library has to operate in cyberspace, the possibilities of which contribute to the exclusion of the institute of the library from the chain of transmission and dissemination of information, which dictates the need for its adaptation to the requirements of the cyber environment. It is argued that another factor determining the need for digital transformation of librarianship is the national goals and priorities outlined in the strategic documents of the Russian Federation, in which libraries must play a role. It is concluded that it is impossible to further develop libraries without successfully mastering digital tools.
The modern level of digitalization of the library sphere is considered, the problems and prospects of digital transformation of libraries are outlined. The inextricable link between the process of successful digital transformation and the improvement of the legal framework for regulating relations in the field of librarianship is substantiated.
According to the results of the study, it was concluded that the system of legal regulation of relations in the field of librarianship and library information turnover is a complex multicomponent institution, each element of which, under the influence of scientific and technological progress, is complemented by legal and other acts regulating the use of digital technologies, primarily artificial intelligence technologies. The necessity of making changes to library legislation, local regulations, technical and ethical documents corresponding to digital tools that have found application or represent the greatest prospect for librarianship is justified.
VECTOR OF LEGAL SCIENCE. Quantum Technology Law
In the article, the authors analyze the main directions of regulation of quantum technologies in Russia and in the world. The purpose of the study is to identify the current state of the regulatory legal regulation of quantum technologies in Russia and to develop basic approaches to their regulation in the short and medium term.
It is concluded that the Russian Federation today occupies a leading position in the world in terms of quantum communications both from the perspective of regulation at the level of strategic planning and the development of regulatory legal regulation of relations in the field of quantum communications. At the same time, there is a clearly insufficient level of regulation of quantum computing and the use of a quantum computer. In relation to this area of quantum technologies, neither strategic and regulatory legal regulation nor theoretical approaches to possible legal regulation of these relations have yet been formed. This requires increased attention from the state and relevant actors to the need to solve this problem. Today, by analogy with the processes of legal support for the functioning of the ecosystem of quantum communications, research and preparation of approaches to regulating relations in the field of using a quantum computer and quantum computing should be launched.
The article discusses the issues of information security in the aspect of developing a model of legal regulation of quantum communications. It is proved that quantum communications are a new method of information protection capable of ensuring information security in the context of a quantum threat. The development of quantum communications in Russia should be carried out on the basis of comprehensive regulation, including both the legal regulation of quantum communications and the legal regulation of quantum information security. Within the framework of this legal model, the necessity of implementing a system of legal measures that contribute to achieving a high level of information security is shown.
The article discusses the features of regulating communication in free space as a key technology for quantum communication. An analysis of domestic and foreign experience in regulating this technology has been conducted, which has made it possible to highlight the advantages and disadvantages of its legal regime compared to other types of communication. It has been proved that communication via free space has advantages over wired communication since it does not require using other people’s land or establishing an easement as there is no need for a wire to create an atmospheric communication channel, while at the same time it is impossible to establish a security zone around atmospheric communication lines to protect wired communication lines from construction on them. It has been proved that communication in free space has advantages over radio frequency communication, as it does not require obtaining a permit/license for the use of radio frequencies. However, atmospheric communication lines do not have legal protection against technical interference. In order to improve the legal regime for quantum communication lines in free space, it has been proposed to eliminate terminological ambiguity in regulatory legal acts, define atmospheric optical communication as a special legal entity requiring equal protection with other communication channels, include atmospheric optical quantum communications in the security zone system for communication lines and structures, and establish administrative liability for interference with laser communications analogous to radio frequency interference.
The article considers theories, methods and approaches to legal regulation of relations concerning the usage of quantum communications, as well as methods and approaches. The most probable vector of development of legal regulation concerning these legal relations was identified. During the study, the author used methods of analysis and synthesis, as well as systematization. Attention is drawn to the need to systematize regulatory legal acts in the field of regulation of quantum communications. The article considers the principles that should be taken into account when forming a quantum communication agreement. The conducted study allowed us to come to the conclusion about the need to form a comprehensive regulation, the gradual introduction of technology and the use of preliminary national standards together with legislative norms in the field of regulation of communication relations will help to identify the necessary prerequisites for the formation of a specialized federal law.
VECTOR OF LEGAL SCIENCE. Legal regulation of the use of digital technologies
The article analyzes current trends and prospects for the development of experimental legal regulation in the field of digital and technological innovation.
The research hypothesis about the fragmentation of the normative legal regulation of experiments at the international legal and domestic levels, the insufficient orientation of the current model of legal regulation of experimental legal regimes towards achieving the national development goals of Russia is substantiated and confirmed.
Based on comparative legal analysis, elements of a value-based approach to experimental legal regulation are identified and systematized.
Based on the methods of legal modeling and institutional design, a set of proposals has been developed aimed at improving legal regulation and the practice of implementing experiments in Russia.
VECTOR OF LEGAL SCIENCE. Experience in regulating digital relations in China
The human brain is the material carrier of mental activity and is an extremely complex neural network consisting of countless neurons. With the current development of brain-computer interface technology, humans can collect and amplify electrical signals in the brain caused by neuron activity using sensors, process them to achieve the effect of decoding brain activity state and intention, and transmit the brain activity state and decoding results to a brain-computer interface manipulator. Human thought is no longer an area that cannot be touched by any means. Brain-computer interface technology interferes with human thought with specificity, and people can be probed and change their thoughts unknowingly. The application field of brain-computer interface is gradually expanding from the medical industry to entertainment, recreation and commercial applications. This article analyzes and evaluates the various risks caused by brain-computer interface technology, their extent and the main problems existing in the current legislation, proposes the enshrinement of “neurological rights” in the law and clarifies the key aspects that government agencies, medical institutions and enterprises should pay attention to when introducing brain-computer interface technology.
VECTOR OF LEGAL SCIENCE. Problems of Teaching Lawyers Modern Technologies
The paper presents the structure and content of intelligent systems and technologies as a new independent course within the professional cycle of the educational programme.
AI is disclosed in various meanings, including a detailed description of AI as a subject, as a learning tool and as an object of legal regulation
The proposed methodology and practice-oriented thematic content of the course forms professional digital knowledge, skills and abilities, creates and enhances universal and professional competences.
The used methods of comparison, analogy, modelling, as well as the method of experiment, allowed to form not only a representation of the basic part of the study, but also suggestions to improve the existing state of affairs. As conclusions, it is proposed to refine the educational standards to form a practiceoriented competence-based approach to the training of modern technologies in the activities of lawyers, which will not only allow to be more competitive, but also significantly intensify and improve the quality of work performed.
SCIENTIFIC RESEARCH
In this article, based on the examples of four Arctic states (Russia, the United States of America, Canada and Finland), the role of constitutions is determined and described how the basic state law forms legal systems and ensures the legal status of indigenous peoples. It is revealed that indigenous peoples are presented as a constitutional and legal phenomenon in the largest and most developed states of the world. The characteristics of indigenous peoples differ, since they are influenced by both the processes of state building and society development.
According to the author, the role of the constitution is that at the level of the main law, indigenous peoples are distinguished as a special ethnic community that has political, cultural, and economic significance for the state. At the same time, the characteristics of indigenous peoples are not constant — they are significantly influenced by external conditions: political, legal, social, and economic, forming or changing them. This requires constant revision and updating of approaches to the study of indigeneity and determining the prospects for the development of indigenous peoples.
Within the framework of this article, the author examines the terminology associated with indigenous peoples, enshrined at the constitutional level, and proposes to use a special term in constitutional law — “indigenism”, i.e. a set of unique characteristics that distinguish indigenous peoples from other ethnic groups, and in accordance with which these characteristics peoples are endowed with special collective and individual rights.
TRIBUNE FOR YOUNG SCIENTIST
The article examines approaches to the definition of big data from the perspective of legal regulation in the Russian Federation. It analyzes the definitions proposed by legislators for inclusion in legislation, as well as the difference in approaches to defining big data as an information array and as a technology. It is established that the term “big data” is currently widely used in various fields, and its meaning can vary depending on the specific industry or sector, which hinders the development of a unified regulatory approach. It has been noted that previous efforts to define big data at the doctrinal or legislative level have resulted in a description of the requirements for data or technologies, depending on their scope of application. This approach appears to be restrictive and fails to take into account the complex nature of big data, which may present a barrier when applied to certain industries, requiring additional legislative intervention. Such intervention could lead to an increase in the complexity of legislation, rendering it less applicable. Therefore, itis proposed to define big data as a complex entity consisting of a collection of diverse data sets, characterized by the technologies used to process them in real-time through the internet.
This work is dedicated to analyzing the problem of labeling materials created by artificial intelligence, as well as studying approaches to this issue in the People’s Republic of China (PRC). The study provides data on the features of generative artificial intelligence’s work with large datasets. The problem of information degradation, the accumulation of errors within it, and the consequences of the uncontrolled spread of synthesized content on the internet are examined. The researchers also explore the issue of the “knowledge collapse.” The main approaches of Chinese legislators regarding the regulation of this issue are outlined. Several specific technical mechanisms, contained in the regulatory documents of the PRC, related to embedding hidden and explicit labeling in AI-generated content, are noted.
The article discusses the issues of legal regulation of digital platforms as a complex object of information relations. Topical problems of public law regulation of the regime of digital platforms regarding the use of unfair practices in the design of the platform’s web interface are identified. Attention is paid to the consolidation of the concept of dark patterns in the legislation of foreign countries. Particular attention is paid to the protection of personal data subjects when using dark patterns in digital platforms. The relevant areas of scientific research in the field of information law and also for the development of recommendations for improving law enforcement practice are highlighted.
The presented article mainly discussed issues such as insufficient administrative supervision of personal information, improper administrative procedures for processing personal information and an imperfect system of administrative assistance in modern China. Taking into account these problems, the author, in combination with the provisions of the PRC Law on Personal Data Protection, the PRC Law on Cybersecurity and other relevant legal provisions, put forward appropriate proposals for improvement.
The article addresses the problem of ensuring the privacy of data collected by unmanned transport. It is shown that the amount of data actually collected by an autonomous transport in a day is not comparable to the amount of data needed for its training. It is concluded that the approach to data collection needs to be more selective. It is noted that the data on which unmanned and connected vehicles are trained may be inaccurate or even biased. As a result, artificial intelligence is biased. This study sought to explore the provisions of the concept of a fair artificial intelligence that is intolerant of discrimination, whatever it may be. The author came to the conclusion that in reality it is practically impossible to ensure zero tolerance of discrimination by intelligent systems, as its manifestations may not always be obvious. It is rightly pointed out that artificial intelligence has the potential to undermine autonomous, rational human decision-making. The author expresses confidence that centralised data lifecycle management can be the key to consumer trust.
POST SCRIPTUM
ISSN 2782-6163 (Online)