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Journal of Digital Technologies and Law

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Vol 2, No 2 (2024)
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https://doi.org/10.21202/2949-2483.2024.2

EDITORIAL

  • country studies, regional and international aspects of the convergence of law and technology;
  • directions of foreign legal thought influenced by digitalization;
  • the problem of uneven development of digital technologies in different countries;
  • indexing of the Journal in HeinOnline – the world’s largest database of legal research and periodicals in the field of law.
257-261 931

ARTICLES

  • developing the idea of sovereignty in cyberspace;
  • ways of demarcating cyberspace;
  • concept of state interests as a new way of demarcating cyberspace;
  • methods of practical implementation of the concept of state interests as a way to demarcate cyberspace.
262-285 1696
Abstract

Objective: to substantiate the existence of national cyber sovereignty as a legal concept; by introducing the concept of state cyber interests as an innovative determinant, to review the traditional concepts of national sovereignty and state borders in the context of the dynamic nature of cyberspace and the need to develop a hybrid mechanism for cyber borders protection, based simultaneously on law and technology.

Methods: the doctrinal method was used to identify the basic discrepancies in the views of leading scientists in different fields on fundamental theoretical-methodological, conceptual and categorical issues, including the justification of a single algorithm for establishing borders in cyberspace. The doctrinal method is supplemented by the analysis of judicial practice of different countries, which allows considering the courts extending their jurisdiction to disputes related to cyberspace.

Results: the study presents the application of traditional and modern legal concepts of sovereignty in the new digital environment, resulting in a combination of legal and technological approaches. The author reveals functional significance of the concept of state cyber interests for demarcating cyberspace and defining the boundaries of national sovereignty. The adaptability of this concept to the technically uncertain nature of cyberspace is shown. The conclusion is made about the main directions in forming the concept of cyber interests in cyberspace and its political and legal implications, based, among other things, on the practice of courts of different countries in resolving cyber disputes.

Scientific novelty: the concept of state cyber interests is considered as an innovative method of defining cyber borders. It leads to the transformation of the traditional sovereignty concept and the close national interest concept in relation to cyberspace in the context of fulfilling security requirements and intensifying national defense against cyber threats.

Practical significance: the obtained results eliminate existing contradictions in the definition of sovereignty and its spatial limits under the modern technology development; contribute to the elaboration of a disciplinary standard of cyber sovereignty based on a reliable demarcator necessary for the definition of state sovereignty and borders in cyberspace; adapt traditional legal concepts of sovereignty and national interests to the global modern cyber challenges; contribute to the transformation of traditional legal concepts of sovereignty and national interests in cyberspace.

  • four main categories of cross-border data transfer;
  • data privacy and security issues in cross-border data transfers;
  • approaches of China, the US, the EU and of EAEU member states on restricting or encouraging free cross-border data transfer;
  • measures to improve the efficiency of public administration in the context of transnational data transfer.
286-307 2890
Abstract

Objective: to identify the main legal factors of cross-border data exchange in the context of digital technology proliferation and government digitalization, including legal guarantees, security issues, cybersecurity risks, approaches to regulating and improving the efficiency of data management in various jurisdictions.

Methods: the study relies on synthesis and critical analysis of various aspects of the stated problem, including analysis of primary and secondary sources. By the example of the regulatory policies of China, the US, the EU and EAEU member states, different approaches regarding the restriction or encouragement of free cross-border data transfer are compared. A comprehensive meta-analysis and literature assessment provided insights into the methods used for data protection in different jurisdictions and allowed outlining the framework and directions of the public policy required for effective cross-jurisdictional data transfer.

Results: the main challenges associated with cross-border data transfer in the context of digital technology proliferation and government digitalization, such as growing inequalities in digital development, legal uncertainties, privacy and cybersecurity, etc., were identified. The legal framework of cross-border data transfer in the context of government digitalization and its implementation were analyzed. It contributed to the search for ways to improve the government efficiency in the context of transnational data transfer, including rendering services and promoting openness and public participation.

Scientific novelty: based on the analysis of various jurisdictions’ approaches to legal, security and sovereignty issues caused by transnational data transfer, the author reveals the role and applicability of international law, as well as the unique challenges arising in the member states of the Eurasian Economic Union on the way to the formation of transboundary trust space.

Practical significance: the study of these issues may help various public agencies, first of all, governmental and legislative bodies to the elaborate well-targeted political and legal decisions, aimed at achieving a balance between data availability and data security, between the effectiveness of public administration and respect for the human rights. The results obtained will also be of importance for other subjects of relations in cross-border data transfer and regulation of these relations.

  • Incoterms as a way to facilitate the smooth execution of export-import contracts;
  • impact of technological development on the practice of international trade law;
  • safeguards for secure transactions in international trade through blockchain technology;
  • the need to synchronize Incoterms provisions with smart contracts may change the international trade prospects.
308-327 1903
Abstract

Objective: to identify the prospects of international trade in the light of synchronizing Incoterms with smart contracts.

Methods: the study is based on the general scientific methods of analysis, synthesis, comparison, and formal-legal method necessary to analyze the provisions of Incoterms.

Results: the authors analyzed the provisions of Incoterms and technological innovations in commercial law; showed the connection between the practice of commercial law and technological development due to the inclusion of contractual terms in blockchain. It is noted that the integration of blockchain technology with smart contracts has led to a variety of automated business transactions and the creation of a platform for synthetic assets trading. The authors describe the possibilities of secure and easy transactions in international trade using blockchain. Despite the uniqueness of this technology, its different types are distinguished, namely: public, private, hybrid, and consortium blockchain. It is substantiated that the synchronization of Incoterms with smart contracts can improve the prospects of international trade (especially export-import contracts). It is emphasized that smart contracts based on blockchain can revolutionize the application of Incoterms, consequently increasing the efficiency of transactions between parties to export-import relationships. One of the fundamental changes that smart contracts will bring to these trade transactions is the reduction of errors and misinterpretations of Incoterms. The authors use specific cases to demonstrate disputes arising at the stages of transaction conclusion and execution, which could have been avoided using modern technologies.

Scientific novelty: The paper shows the phenomenon of synchronizing Incoterms with blockchain and how it can affect the form of contracts and facilitate their smooth execution. The proposed approach to analyzing the phenomenon takes into account the revolutionary innovations in crossborder trade, which are compared with the usual ways of applying Incoterms in traditional international trade contracts.

Practical significance: the research provides suggestions and recommendations for further development of innovations in the field of smart contracts, especially export-import trade contracts on a global scale.

  • implications of the impact of cryptographic technologies on international trade;
  • the role of the OECD in shaping policy on cryptographic products;
  • protection of digital cryptographic products under WTO agreements;
  • the concept of non-discriminatory treatment of cryptographic products under regional trade agreements.
328-344 1712
Abstract

Objective: to demonstrate the complex legal landscape which is being changed under the influence of the modern digital landscape developing with the integration of cryptographic technologies into international trade and especially into the field of information and communication technology products.

Methods: the study of the documents is built primarily on a set of ways of interpreting legal acts, which allows analyzing the content of primary legal sources, namely the provisions for cryptographic products circulation, and proposing solutions to fill the gaps in this area. Also, secondary sources were collected and summarized to form an idea of the study subject.

Results: areas of uncertainty in the protection of digital cryptographic products under the WTO agreements have been identified, raising questions about the adequacy of existing protection measures. It is noted that in some countries this situation has led to restrictions or bans on the import and export of cryptographic technologies and encrypted data on security grounds. The authors pay attention to the concept of non-discriminatory treatment of cryptographic products, which is being developed primarily within the framework of regional trade agreements to address the shortcomings of WTO agreements. It is emphasized that regional trade agreements, although stimulating cooperation and competition in international trade, demonstrate various approaches to the regulation of cryptographic products. The authors note that this creates challenges for business and it must be prepared to take into account the specificities of regional agreements, local legislation and evolving legal requirements. A conclusion is made that it is important to balance the innovation protection with the promotion of trust and cooperation, between the cryptographic technologies development and the issues of security and intellectual property rights protection.

Scientific novelty: a vision of the complex legal landscape surrounding cryptographic products is presented, showing the differences in approaches to regulating relations around digital and non-digital products under WTO agreements and approaches to regulating cryptographic products applied in regional trade agreements.

Practical significance: the study results are of interest to government agencies, policy makers, commercial entities and individuals involved in international trade in cryptographic technologies, as they can help all stakeholders to make informed decisions, navigate the complexities of regulating these relationships and advocate for fair treatment in the evolving digital trade environment.

  • lootboxes as a digital analog of gambling;
  • negative consequences of using lootboxes;
  • approaches used to regulate lootboxes in various jurisdictions;
  • measures to protect the rights of consumers who use lootboxes.
345-371 4579
Abstract

Objective: to show how the use of a new business model called Loot boxes, on which modern video games are based, has become a legal problem for jurisdictions in different countries.

Methods: drawing on existing literature and contemporary sources, the article explores the potential negative consequences of Loot boxes, provides a comprehensive analysis of existing or proposed regulation, and compares the approaches taken in various national jurisdictions.

Results: the article examines the growing concern surrounding the widespread use of a particular form of in-game purchases called Loot boxes. It is strongly criticized on the grounds that Loot boxes are presumed to be a form of gambling within a video game. On this basis, this article argues in favor of their legislative regulation. Having examined the regulatory framework in countries that have already taken action against the use of Loot boxes, such as Belgium, the Netherlands, China, Japan and the Republic of Korea, as well as in countries currently debating their regulation, the author emphasizes the need to adopt consumer protection measures in the gaming industry. This is particularly relevant for vulnerable strata exposed to gambling-related harms. In addition, there is a need to ensure the ethical and responsible use of Loot boxes, as well as to reduce the health and financial risks associated with the use of this business model.

Scientific novelty: the paper presents a comparative study of the problems of current or projected social regulation of Loot boxes in video games. The author proposes to seek the solution in a balance between game industry innovations, consumer protection and user well-being, which will ultimately contribute to the creation of a healthier environment for gamers.

Practical significance: the study highlights the international scope of the problem the difference in legal and ethical regulatory measures taken in different countries to address the psychological, social and financial consequences associated with the proliferation of lootboxes in video games. These measures are yet to be assessed, taking into account the findings concerning the gaming industry.

  • legal regime for electronic payments in Nigeria;
  • international regulation and national legislation on electronic payments in force in Nigeria;
  • results of a survey of citizens on the use of e-payment system;
  • the need to expand the list of actors responsible for forming a secure digital environment for electronic payments in Nigeria.
372-393 1014
Abstract

Objective: to reveal the legal challenges impeding the smooth operation of electronic payment systems in Nigeria, given that Nigerian official bodies and individuals have already taken some steps to regulate the electronic payment system in the country, but the said step are insufficient.

Methods: the study is built on several approaches to the issues of the legal regime of electronic payments in Nigeria. Alongside with the doctrinal interpretation of the legal framework regulating the relations associated with the use of electronic payment system, the authors used sociological cognitive tools and conducted a survey of respondents residing in different geopolitical zones of Nigeria. The description and analysis of the data obtained shows the actual attitude of the respondents to the ongoing processes.

Results: international regulation and national legislation on electronic payments in force in Nigeria were examined. The study revealed that e-payments are an effective means of transactions but there are some legal challenges that may hinder the smooth use of e-payments in Nigeria. It was found that although the country has enacted a number of laws relating to the regulation of banking and other financial activities, they are not sufficient to address the challenges posed by modern technologies. The article reflects the issues of electronic signature, trust in technology, data privacy, security of electronic transactions, fraud, authentication and authorization, certainty of rights and obligations, jurisdiction and platforms for resolving online disputes, taxation of electronic payments, and others. The authors note that the task of creating a secure digital environment for the smooth operation of e-commerce and e-payments in Nigeria should not be solely imposed on the government.

Scientific novelty: by the example of one of the most promising African states, the authors revealed a spectrum of issues related to the work of electronic payment systems, supporting it with a survey of public opinion. They managed to find out the citizens’ attitude to a number of issues that are most often faced when using the system of electronic payments, and possible areas of change.

Practical significance: the current legal issues raised in the study largely hinder the smooth use of the electronic payment system in Nigeria. Hence, the possible ways to improve it suggested by the authors are increasingly significant.

  • sharenting as an activity potentially causing harm to minors;
  • analysis of the European and American legislative regulation of sharenting;
  • conflicts caused by sharenting;
  • proposals for improving the legal regulation of sharenting.
394-407 1582
Abstract

Objective: to determine the legal consequences of sharenting as an activity that threatens the fundamental rights of minors, putting their privacy at risk.

Methods: the study is based primarily on the analysis of European and American experience of legislative regulation, which is presented in a comparative-legal aspect, using doctrinal approaches and concepts reflected in scientific publications on the topic. This contributed, among other things, to the critical understanding of the identified risks and helped to describe the existing legal approaches and formulate proposals aimed at protecting the minors’ privacy in social networks.

Results: the impact of social networks on the rights of minors was studied, in terms of their negative influence, possible risks and the spread of social conflicts. The main provisions of the legislation of Spain, France and the USA were analyzed in order to identify the key points regarding the activities of minors in social networks and the Internet, the need for them to express their consent to the publication of personal information. The most common conflicts caused by sharenting were described, as well as possible flexible legislative solutions to disputes concerning family relations and social networking activities. Suggestions were formulated for resolving conflict situations and digital identity issues arising in abusive sharenting.

Scientific novelty: the study summarizes various scientific opinions and legal approaches to sharenting as a new phenomenon, which is rapidly developing due to the wide popularity of social networks and Internet activity of children and their parents, generating socio-legal conflicts.

Practical significance: the research shows that minors are particularly vulnerable in the information and telecommunication environment. In many cases, excessive disclosure of their personal data occurs not only because of their own actions, but also because of the actions of their family members, usually parents. A comparative legal study of the adopted legislative measures and their interpretations in the legal doctrine allows characterizing the current legal situation with regard to minors in the digital space as fragmentary and proposing legislative approaches and solutions to avoid or minimize possible conflict situations and risks, such as digital harassment or privacy violation, which may arise in the process of further technological development and the spread of sharenting.

  • content as a result of intellectual activity;
  • results of a sociological study on the protection of content creators’ rights;
  • protection measures for digital content creators in Nigeria;
  • ways to improve legislation on the protection of rights to content in social networks.
408-429 1109
Abstract

Objective: to determine the level of protection of the rights of content creators in social media and to develop measures to prevent offenses in this area.

Methods: to achieve the objective, the sociological and legal cognitive tools were used, including the doctrinal method of researching the subject area, obtaining “first-hand” data and taking into account the factors and circumstances of influence. The main results were obtained through the sociological method used to collect data based on a specially developed questionnaire with four research questions: (1) what are the perceptions and opinions of third parties or users regarding the role of a content creator? (2) are the rights of content creators regarding their works violated? (3) what are the ways to protect the created content from infringement by platforms? and (4) how can the rights of content creators be protected? The empirical findings and generalizations were based on a combination of analyses, including content analysis of primary and secondary legal sources.

Results: In recent years, the content generation in social media has evolved into a complex industry that is transforming both the traditional understanding of creative expression and the implementation of intellectual property rights. Using the Nigerian experience as a case study, the authors examine the rights and protection measures provided to digital content creators under intellectual property law. The study shows that there is currently not enough scholarly work in this area or developed legislation to protect the social media content. It is concluded that there is a need for improved legislation on the protection of rights in the sphere of social media content. In the absence of such legislation, creators of online works should resort to more radical methods in enforcing their rights in order to reduce intellectual property misappropriation. Creators of such works are suggested to ensure the protection of their rights based on the fair use doctrine principles.

Scientific novelty: the study is structured around research questions concerning infringements and remedies for content creators. The questions were addressed to respondents from different countries, a large proportion of whom specialize mainly in content creation in various social spheres through several media platforms and social networks.

Practical significance: the article conclusions and recommendations may minimize the risks of infringement of intellectual property rights of content creators, which may arise with the widespread use of social networks, as well as increase the level of protection of rights to works created in the form of online content.

  • peculiarities of public-private partnership agreements;
  • national aspects of legal regulation of public-private partnership agreements;
  • eight basic parameters for drafting public-private partnership agreements;
  • matrix for drafting public-private partnership agreements.
430-449 676
Abstract

Objective: by reviewing the legal aspects of public-private partnership agreements, to synthesize their main provisions into a common matrix, which, when digitized, can be used to standardize and simplify the formulation of agreement parameters.

Methods: the author relied on comparative-legal analysis of scientific literature, legislation and Internet sources on public-private partnership, supplemented by a review of public-private partnership agreements in various socio-political spheres, which made it possible to create a science-based and practice-oriented matrix that can serve as a tool for drafting publicprivate partnership agreements.

Results: national aspects in the legal regulation of the said relations in different countries were highlighted; a number of peculiarities encountered in public-private partnership agreements were described.

Scientific novelty: taking into account the most important legal peculiarities characteristic of different countries, a matrix for drafting public-private partnership agreements is presented, including eight main parameters: 1 – value received, scope, benefits and risks, 2 – route to market, 3 – restraint of competition, 4 – conflict of interest and procurement issues, 5 – powers, approvals, legal assessment, 6 – liabilities, dispute resolution, 7 – ownership structure, governance and level of autonomy, 8 – exit strategies. Depending on the priorities identified, the matrix can be modified, taking into account that priorities define and shape the specific parameters of each individual partnership.

Practical significance: the matrix obtained can become a planning tool used to analyze and understand the relationships between the eight legal parameters necessary for the formation of relations in the sphere of publicprivate partnership. It may serve as a legal reference point for the formulation of public-private partnership agreements around the world, and will contribute not only to the revitalization of public-private partnerships, but also to a proper understanding of obligations, responsibilities and limitations. The recommendations provided in the study show direction for the evaluation of public-private partnerships, allowing clear conclusions to be drawn about the partnership. Digital accessibility provided, the proposed matrix will be of interest to many organizations that use public-private partnerships in their professional activities.

  • artificial intelligence as a driver of entrepreneurship development in Morocco;
  • Morocco’s national approach to regulating artificial intelligence;
  • significance of ethical aspects of artificial intelligence regulation;
  • model of a legal regime adapted to artificial intelligence.
450-472 3123
Abstract

Objective: to explore and identify the issues and opportunities for the ethical and legal regulation of artificial intelligence by the example of digital transformation in Morocco.

Methods: the study was conducted using analytical and comparative approaches to address the emerging legal issues arising from the development of artificial intelligence. The traditional scientific method in law is based on legal analysis, which was applied to the study of legal texts, scientific literature, diagnosis of the condition of the study field at the national and international level. Along with this, the comparative approach in law was used, which made it possible to examine the Moroccan legislation comparison with that of other countries.

Results: the article presents a review of scientific literature on the legal and ethical issues of using artificial intelligence. Legal texts and decrees developed at national and international level, directly or indirectly linked to the use of artificial intelligence, were reviewed. Moroccan legislation was compared with that of other countries. The findings suggest that, in the absence of a specific legal framework for artificial intelligence systems, the adoption of ethical standards in the form of guidelines, best practices and ethical charters is preferable. These mechanisms appear to be a viable alternative to legal regulation. In this sense, several initiatives were taken to promote “soft law”, which aims to encourage appropriate behavior of technological agents.

Scientific novelty: the analysis of digital transformations in Morocco made it possible to present a comprehensive view on the role of ethical aspects and on the sufficiency of law to respond to the changes in the modern society, transformed by the development of artificial intelligence.

Practical significance: the study allows identifying ways to find a more flexible balance between “soft” and “hard” law in the regulation of relations, taking into account the technological reality. This should encourage the appropriate behavior of technological agents and positively affect the specificity of the current situation. Today, the “hard law” slowly recognizes and addresses the problems associated with the digital technologies’ regulation and slowly takes into account the possible risks posed by artificial intelligence and the insufficiency of its regulation.

  • the seven stages of human evolution;
  • the role of the African continent in the development of science and technology;
  • social and technological transformations as drivers of new laws;
  • prospects for the development of artificial intelligence and its role in the evolution of law.
473-486 794
Abstract

Objective: to trace the evolution of humanity and to identify the role of various social institutions in order to understand the existential role of laws aimed at ensuring the coexistence of society in the context of technological innovations.

Methods: the author used general scientific and special methods of cognition, which allowed tracing the dialectical development of humanity, social transformations and technological innovations.

Results: looking back at the history of humanity, which originated on the African continent (the theory of African descent), the author notes the most important changes in the human way of life and environment, which led to the need to build organized societies and regulate social behavior with the help of legislative norms. Law is seen as part of the evolutionary process that was to emerge in the course of human evolution. The critical importance of law in overcoming the global challenges and existential questions of humanity’s continued coexistence arising in the course of evolution is emphasized. In this regard, the historical significance of the Kurukan Fuga Charter of the Malian Empire is emphasized as one of the oldest constitutions in the world, recognized internationally as an important source of legal and political norms for modern societies, regulating the structure of state power and social behaviour, although preserved largely in oral form. It is argued that social and technological change often served as the impetus for the development of new laws. Humanity has many times intervened in its own biological evolution with the help of technology; now it is an important moment from the viewpoint of law and ethics when technology may interfere in further human evolution. The greatest concern in this regard is the era of rapid development of artificial intelligence, which makes new demands on a human being.

Scientific novelty: the article shows the role of the African continent in the origin and development of humanity and socio-legal institutions in the light of modern transformations and the construction of a new social reality.

Practical significance: the conducted research creates prerequisites for further development of the theory of anthroposociogenesis and in-depth conceptual historical and legal study of the role of the African continent in the development of humanity and its social institutions.



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ISSN 2949-2483 (Online)