Masaryk University Journal of Law and Technology最新文献_第3页

Cyber Security: Lessons Learned From Cyber-Attacks on Hospitals in the COVID-19 Pandemic 网络安全：新冠肺炎疫情期间网络攻击医院的经验教训

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-7

Jan Kolouch, T. Zahradnický, A. Kučínský

引用次数: 1

"A Robot Is Watching You”: Humanoid Robots And The Different Impacts On Privacy “一个机器人在看着你”:人形机器人和对隐私的不同影响

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-5

Lucas Cardiell

{"title":"\"A Robot Is Watching You”: Humanoid Robots And The Different Impacts On Privacy","authors":"Lucas Cardiell","doi":"10.5817/mujlt2021-2-5","DOIUrl":"https://doi.org/10.5817/mujlt2021-2-5","url":null,"abstract":"Robots, particularly the ones that belong to a special type of robotic technologies designed and deployed for communicating and interacting with humans, slip into more and more domains of human life - from the research laboratories and operating rooms to our kitchens, bedrooms, and offices. They can interact with humans with facial expressions, gaze directions, and voices, mimicking the affective dynamics of human relationships. As a result, they create new opportunities, but also new challenges and risks to peoples’ privacy. The literature on privacy issues in the context of Social Companion Robots (SCRs) is poor and has a strong focus on information privacy and data protection. It has given, however, less attention to other dimensions of privacy, e.g. physical, emotional, or social privacy. This article argues for an “evolving” or “transformable” notion of privacy, as opposed to the “elusive” concept of privacy elaborated by leading privacy theorists such as Daniel J. Solove (2008) and Judith J. Thomson (1975). In other words, rather than assuming that privacy has a single core or definition (as defined, e.g., in Warren and Brandeis' 1890 paper), it maintains that it is important to conceptualize privacy as distinguishable into various aspects, including informational privacy, the privacy of thoughts and actions, and social privacy. This inductive approach makes it possible to identify new dimensions of privacy and therefore effectively respond to the rapid technological evolution in AI technologies which is constantly introducing new spheres of privacy intrusions.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41398267","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

Exploring the Relation Between the Indegree Centrality and Authority Score of a Decision and the Reason for Which It Was Cited: A Case Study 决策的不确定性中心性与权威性得分的关系及其被引用的原因探讨——以案例研究为例

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-4

Terezie Smejkalová, Tereza Novotná

{"title":"Exploring the Relation Between the Indegree Centrality and Authority Score of a Decision and the Reason for Which It Was Cited: A Case Study","authors":"Terezie Smejkalová, Tereza Novotná","doi":"10.5817/mujlt2021-2-4","DOIUrl":"https://doi.org/10.5817/mujlt2021-2-4","url":null,"abstract":"Some of the recent network citation analyses that in continental legal settings have suggested that the most cited decisions (in terms of network citation analysis those with the highest indegree, or authority score) tend to be related to procedural issues, or issues of a more general nature, capable of being referred to in a more varied situations. While it may seem intuitive that decisions with the highest indegree centrality or authority score would settle issues of a more general nature, hence making them more widely applicable to various kinds of subsequent cases, we were wondering, whether this trend would be noticeable in less exposed decisions. To this end, we have conducted a case study within the boundaries of the Czech legal system. We have chosen five decisions containing a chosen keyword based on their indegree centrality in a corpus of Czech apex courts’ decisions. Subsequently, we have constructed eleven strings of decisions (connected to one another by a citation) leading to these five decisions, again paying attention to their indegree. We theorize that the decisions with higher indegree centrality as well as decisions with higher authority score will be cited in situations seeking a case-law argument for either procedural issue, or an issue of a more general nature, or an issue of principle, while the decisions with low indegree centrality or low authority score will be cited for their substantive law merit. This paper seeks to demonstrate how the network analysis in combination with a qualitative approach may serve as a useful approach in further exploring this hypothesis. We show that the actual citation environment in Czech legal setting might be more complex than this hypothesis suggests, but that this methodological approach may be further useful in exploring the normative nature of judicial decisions in non-precedential legal settings.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42841022","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

Online Platforms and "Depending Work" After Uber 在线平台与优步之后的“依赖工作”

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-3

Silvia Lattová

引用次数: 0

Standard Setting Organisations for the IoT: How To Ensure a Better Degree of Liability? 物联网标准制定组织：如何确保更好的责任程度？

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-1

F. Gennari

{"title":"Standard Setting Organisations for the IoT: How To Ensure a Better Degree of Liability?","authors":"F. Gennari","doi":"10.5817/mujlt2021-2-1","DOIUrl":"https://doi.org/10.5817/mujlt2021-2-1","url":null,"abstract":"This early stage research article aims to outline an issue that, though not strictly connected to the cyber-sphere, is most likely going to affect it. Standard Setting/Developing Organisations (SSOs/SDOs) are getting more and more important in the electronics manufacturing field and also in the IP field by setting de facto mandatory rules for products to be safer but, most importantly, more efficient. Standards create trust in complex objects such as IoT devices, that are increasingly more available, especially the ones for the house. It is worth mentioning that the standards these organisations envision are not comparable to legislation but carry a significant ‘moral’ weight (soft law). However, these organisations are private in character and work on a voluntary basis. The problem lies in the creation of the standard when the essentiality of a patented innovation has to be assessed. These processes rely on the self-certification of businesses that their invention is truly essential to the development of a certain standard, which has led to a proliferation of new Standard Essential Patents (S.E.P.s). But in this case, there are no means to ensure some form of liability of these organisations when defects and shortcomings arise. It is argued that unless some form of liability is created for these organisations, IoT objects will never gain the trust of final users.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42291186","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

AI-based Legal Technology: A Critical Assessment of the Current Use of Artificial Intelligence in Legal Practice 基于人工智能的法律技术:对当前人工智能在法律实践中的应用的批判性评估

Masaryk University Journal of Law and Technology Pub Date : 2021-09-30 DOI: 10.5817/mujlt2021-2-6

J. Soukupová

引用次数: 3

Lex Ex Machina: Reasons for Algorithmic Regulation 机械法:算法监管的原因

Masaryk University Journal of Law and Technology Pub Date : 2021-06-30 DOI: 10.5817/mujlt2021-1-4

Mirko Pečarič

引用次数: 3

Everything is NOT Awesome. A Lego Brick as a 3D Trade Mark 一切都不太好。作为3D商标的乐高积木

Masaryk University Journal of Law and Technology Pub Date : 2021-06-30 DOI: 10.5817/mujlt2021-1-1

Rafał Skibicki

引用次数: 0

Digital Content Portability and its Relation to Conformity with the Contract 数字内容的可移植性及其与合同合规性的关系

Masaryk University Journal of Law and Technology Pub Date : 2021-06-30 DOI: 10.5817/mujlt2021-1-3

Pavel Koukal

{"title":"Digital Content Portability and its Relation to Conformity with the Contract","authors":"Pavel Koukal","doi":"10.5817/mujlt2021-1-3","DOIUrl":"https://doi.org/10.5817/mujlt2021-1-3","url":null,"abstract":"In this paper the author analyses the possible convergences and divergences of two current legislative proposals of the European Commission: the Portability Regulation and the Digital Content Directive. Both proposals address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of cross-border portability of the digital content provided for monetary counter performance to consumers. The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of “conformity of the digital content with the contract” [Art. 6 (1), (2) Digital Content Directive). The author aims to answer whether a consumer who is not allowed to use the digital content in EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46622712","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

Sexting and Revenge Pornography. Legislative and Social Dimensions of a Modern Digital Phenomenon. Phippen, A.; Brennan, M. 色情与复仇。现代数字现象的立法和社会层面。Phippen，A。；Brennan，M。

Masaryk University Journal of Law and Technology Pub Date : 2021-06-30 DOI: 10.5817/mujlt2021-1-6

M. Dvorakova

引用次数: 2