Masaryk University Journal of Law and Technology最新文献_第2页

Plea of Necessity: Legal Key to Protection against Unattributable Cyber Operations 必要性抗辩:防范不可归因网络操作的法律关键

Masaryk University Journal of Law and Technology Pub Date : 2022-09-30 DOI: 10.5817/mujlt2022-2-4

Jakub Spáčil

{"title":"Plea of Necessity: Legal Key to Protection against Unattributable Cyber Operations","authors":"Jakub Spáčil","doi":"10.5817/mujlt2022-2-4","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-4","url":null,"abstract":"Cyber operations represent one of the main security threats today. The number of cyber operations attacking critical infrastructure is increasing year by year and states are looking for means to defend against this threat. However, the origin of hostile cyber operations is often located in the territory of another state, and attacked states must therefore grapple with the question of international law in their search for an effective defence mechanism. If states wish to defend themselves actively, the sovereignty of another state may be infringed, and such an infringement must be justified by an instrument of international law. These instruments of international law are retorsion, countermeasures, self-defence and plea of necessity. Application of plea of necessity, unlike the other alternatives mentioned, is not premised on the attributability of the cyber operation to the state, and it is precisely the attribution of cyber operation that poses one of the main problems of taking legal defensive measures. The article is divided into two parts. The first part is devoted to the relationship between retorsion, countermeasures, self-defence and plea of necessity. The second part discusses the conditions for the application of plea of necessity in the cyber context. The text takes into account the available state practice, in particular the national positions on the application of plea of necessity in the cyber context published in the last three years.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45152337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

International Jurisdiction in Cross-Border Infringement of Personality Rights 跨国人格权侵权的国际管辖权

Masaryk University Journal of Law and Technology Pub Date : 2022-09-30 DOI: 10.5817/mujlt2022-2-1

A. Gonçalves

引用次数: 0

Data Protection has Entered the Chat: Analysis of GDPR Fines 数据保护已进入聊天室：GDPR罚款分析

Masaryk University Journal of Law and Technology Pub Date : 2022-09-30 DOI: 10.5817/mujlt2022-2-3

N. Mike

引用次数: 1

Dispute Resolution Mechanism for Smart Contracts 智能合约的争议解决机制

Masaryk University Journal of Law and Technology Pub Date : 2022-09-30 DOI: 10.5817/mujlt2022-2-2

M. Kasatkina

引用次数: 0

AI-Based Decisiona and Disappearance of Law 人工智能决策与法律的消失

Masaryk University Journal of Law and Technology Pub Date : 2022-09-30 DOI: 10.5817/mujlt2022-2-5

Y. Razmetaeva, N. Satokhina

引用次数: 1

The Right to Privacy and Protection of Personal Data: Emerging Trends and Implications for Development in Jurisprudence of European Court of Human Rights 隐私权与个人资料保护:欧洲人权法院法理学的新趋势与发展意涵

Masaryk University Journal of Law and Technology Pub Date : 2022-06-30 DOI: 10.5817/mujlt2022-1-2

Yuliia Kovalenko

{"title":"The Right to Privacy and Protection of Personal Data: Emerging Trends and Implications for Development in Jurisprudence of European Court of Human Rights","authors":"Yuliia Kovalenko","doi":"10.5817/mujlt2022-1-2","DOIUrl":"https://doi.org/10.5817/mujlt2022-1-2","url":null,"abstract":"The emergence of the right to personal data protection is usually considered in close proximity to the right to private life, however, the two rights despite the sufficient degree of similarity are not identical. The article analyses the main concepts and discussions around the protection of privacy and personal data protection, which primarily was only perceived as another facet of privacy, as well as provides a comprehensive overview of theoretical and practical problems associated with their protection. Provided for the right to data protection is not explicitly mentioned in the ECHR the main concern, therefore, is whether it receives an adequate level of protection within the Convention system. The article argues that given the lack of an explicit criterion for distinguishing the rights to privacy and data protection, it is the jurisprudence of the ECHR, which is of the utmost importance for the development of the right to personal data protection as a fundamental right. Due regard is given to the evolution of the fundamental approaches of the ECHR in this field. It is concluded that the effective enjoyment of the right to data protection, which is not specified in the text of the ECHR or its Protocols, undeniably relies on the ECHR’s interpretation of the key data protection standards enlisted in the Convention no. 108, as well as relevant EU legislation.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43120743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Insurance of Cyber Risks in International Transport 国际运输网络风险保险

Masaryk University Journal of Law and Technology Pub Date : 2022-06-30 DOI: 10.5817/mujlt2022-1-1

Petr Dobiáš

引用次数: 0

EU Common Position on International Law and Cyberspace 欧盟关于国际法和网络空间的共同立场

Masaryk University Journal of Law and Technology Pub Date : 2022-06-30 DOI: 10.5817/mujl2022-1-4

Anna-Maria Osula, Agnes Kasper, Aleksi Kajander

引用次数: 1

Blockchain and Artificial Intelligence: Connecting Two Distinct Technologies to Comply with GDPR's Data Protection By Design Principle 区块链和人工智能：连接两种不同的技术，以符合GDPR的数据保护设计原则

Masaryk University Journal of Law and Technology Pub Date : 2022-06-30 DOI: 10.5817/mujlt2022-1-3

Dániel Eszteri

{"title":"Blockchain and Artificial Intelligence: Connecting Two Distinct Technologies to Comply with GDPR's Data Protection By Design Principle","authors":"Dániel Eszteri","doi":"10.5817/mujlt2022-1-3","DOIUrl":"https://doi.org/10.5817/mujlt2022-1-3","url":null,"abstract":"The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making applications embedded into blockchain technology in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. Because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. On the other hand, the imprint of AI’s automated data processing could be also observed and tracked back in the blockchain due to its historically retroactive nature. In the end, the study presents the human mind and its ‘uploading’ with conscious and unconscious contents as an analogy to blockchain-based AI systems. My goal is to highlight that the synergy of blockchain and machine learning-based AI can be hypothetically suitable to develop robust yet transparent automated decision-making systems. The compliance of these distributed AI systems with data protection law’s principles is a key issue regarding the high risks posed by them to data subjects rights and freedoms.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49459912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

To Disclose, or Not to Disclose, That Is the Question: A Methods-Based Approach for Examining & Improving the US Government's Vulnerabilities Equities Process 披露，还是不披露，这是一个问题:一种基于方法的方法来检查和改进美国政府的脆弱性股权流程

Masaryk University Journal of Law and Technology Pub Date : 2022-01-01 DOI: 10.7249/rgsda1954-1

引用次数: 0