Masaryk University Journal of Law and Technology最新文献_第4页

Seeking Compatibility in Preventing Crime with Artificial Intelligence and Ensuring a Fair Trial 寻求预防犯罪与人工智能的兼容性，确保公正审判

Masaryk University Journal of Law and Technology Pub Date : 2021-06-30 DOI: 10.5817/mujlt2021-1-2

Kelly Blount

引用次数: 5

Online Courts and the Future of Justice. Susskind, R. E. 网络法院与司法的未来。萨斯金德，r.e.。

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-9

Anna Blechová, Pavel Loutocký

引用次数: 2

Processing of Genetic Data under GDPR: Unresolved Conflict of Interests GDPR下的基因数据处理：未解决的利益冲突

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-1

Petro Sukhorolskyi, Valeriia Hutsaliuk

{"title":"Processing of Genetic Data under GDPR: Unresolved Conflict of Interests","authors":"Petro Sukhorolskyi, Valeriia Hutsaliuk","doi":"10.5817/MUJLT2020-2-1","DOIUrl":"https://doi.org/10.5817/MUJLT2020-2-1","url":null,"abstract":"Over the last decades, developments in the fields of genetics and bioinformatics caused a marked increase in the processing of human genetic data by various companies and institutions. This results in the adoption of several international documents and the emergence of legal norms on the protection of genetic data. The paper examines how and to what extent the interests and rights of the data subject with regard to the processing of genetic data are protected in the European Union. It is concluded that under the GDPR this task is implemented through classifying genetic data as sensitive, reliance on anonymisation and pseudonymisation, as well as introduction of the procedure of data protection impact assessment. Nevertheless, given the unique characteristics of genetic data distinguishing them from other categories of personal data, these measures cannot be regarded as sufficient and effective. The paper argues that current EU data protection legislation creates favourable conditions for genetic research, thereby ensuring particular public interests, but does not establish a special regime for genetic data processing appropriate to potential threats in this field and risks to the rights of data subjects.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"14 1","pages":"151-176"},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42494670","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

Malicious Cyber Operations, “Hackbacks” and International Law: An Austrian Example as a Basis for Discussion on Permissible Responses 恶意网络操作、“黑客攻击”和国际法：以奥地利为例讨论允许的回应

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-4

E. Schweighofer, Isabella Brunner, Jakob Zanol

引用次数: 1

Social Media Account as an Object of Virtual Property 社交媒体账户作为虚拟财产的客体

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-3

K. Nekit

{"title":"Social Media Account as an Object of Virtual Property","authors":"K. Nekit","doi":"10.5817/MUJLT2020-2-3","DOIUrl":"https://doi.org/10.5817/MUJLT2020-2-3","url":null,"abstract":"This article analyzes the concept of virtual property as well as the legal nature of social media accounts to explore whether these can be considered objects of property, in particular, of virtual property rights. It examines the essence of virtual property and reveals the specifics of owner’s powers regarding to digital assets. It also specifies what kind of objects should be treated as digital assets. The technical and legal nature of a social media account are analyzed to reveal whether the latter can be considered as “possession” in terms of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Some legal issues regarding to the use of a social media account including the division of rights to business accounts and inheritance of social media accounts are investigated. The approaches in various countries to the problem of determination of the post-mortem fate of digital assets are analyzed, and a unified tendency to consider social media accounts as part of the estate transferred to the heir is revealed. The conclusion is drawn that the extension of the property regime to social media accounts could ensure an appropriate legal protection of users’ rights.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"14 1","pages":"201-226"},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46325241","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: 4

Misuse of Contactless Payment Cards with Radio-Frequency Identification 射频识别非接触式支付卡的滥用

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-5

L. Klimek

{"title":"Misuse of Contactless Payment Cards with Radio-Frequency Identification","authors":"L. Klimek","doi":"10.5817/MUJLT2020-2-5","DOIUrl":"https://doi.org/10.5817/MUJLT2020-2-5","url":null,"abstract":"Counterfeiting of means of payment is one of European crimes. The Treaty on the Functioning of the European Union lists counterfeiting of means of payment as one of the areas of particularly serious crime with a cross-border dimension. At the European Union level a brand-new legislative instrument harmonising counterfeiting of means of payment has been adopted – the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the areas of fraud and counterfeiting of non-cash means of payment. Moreover, it facilitates the prevention of such offences, and the provision of assistance to and support for victims. The Directive is addressed to the Member States of the European Union. They shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31st May 2021.The contribution deals with criminalisation of the misuse of contactless payment cards with Radio-Frequency Identification (RFID) technology. It is divided into three sections. The first section focuses on definition of Radio-Frequency Identification and payment cards with Radio-Frequency Identification. The second section focuses in detail on a new European Union approach to combat counterfeiting of means of payment addressed to its Member States – i.e. the Directive (EU) 2019/713 on combating fraud and counterfeiting of non-cash means of payment. The last third section is focused on non-legislative prevention possibilities.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41323056","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

Electronic Evidence in Intellectual Property Disputes under the Council of Europe’s Guidelines 欧洲委员会指导方针下知识产权纠纷中的电子证据

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-7

Marek Świerczyński, Remigijus Jokubauskas

引用次数: 0

The Energy Charter Treaty: A Commentary. Hobér, K. 《能源宪章条约》评注。滚刀,K。

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-8

M. Švec

引用次数: 0

Law Applicable to Liability for Damages due to Traffic Accidents Involving Autonomous Vehicles 自动驾驶汽车交通事故损害赔偿责任适用法律

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-2

Marek Świerczyński, Łukasz Żarnowiec

引用次数: 2

Council of Europe Recommendation CM/Rec(2017)5 and e-Voting Protocol Design 欧洲委员会建议CM/Rec（2017）5和电子投票协议设计

Masaryk University Journal of Law and Technology Pub Date : 2020-09-23 DOI: 10.5817/MUJLT2020-2-6

Robert Müller-Török, Domenica Bagnato, Alexander Prosser

{"title":"Council of Europe Recommendation CM/Rec(2017)5 and e-Voting Protocol Design","authors":"Robert Müller-Török, Domenica Bagnato, Alexander Prosser","doi":"10.5817/MUJLT2020-2-6","DOIUrl":"https://doi.org/10.5817/MUJLT2020-2-6","url":null,"abstract":"The Corona pandemic has created a push towards digitization in a number of fields, not least in the public sector including democratic processes. This of course includes an increased interest in e-voting via the Internet. The Council of Europe has a long-standing history of work in the field including two Recommendations – (2004)11 and (2017)5 – which have become the de facto yardstick against which every e-voting system is measured. Rec(2017)5 builds on a decade of experience with e-voting and particularly strengthens two concepts important in any electronic voting system: Voting secrecy and auditability/verifiability. This has distinct implications for the design of e-voting protocols. The aim of this paper is to analyse the impact on what arguably are the most popular voting protocol families, envelope and token protocols. How does the modified Recommendation impact on the viability of protocols and protocol design? The paper first presents the Council of Europe Recommendation and the technical issues it addresses. Then a model is introduced to assess a voting protocol against the Recommendation; a typical envelope and a token protocol are assessed in view of the model and finally the two assessments are compared including policy recommendations for a path to e-voting implementation.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"14 1","pages":"275-302"},"PeriodicalIF":0.0,"publicationDate":"2020-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45075232","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: 2