Masaryk University Journal of Law and Technology最新文献_第5页

Document Similarity of Czech Supreme Court Decisions 捷克最高法院裁决的文件相似性

Masaryk University Journal of Law and Technology Pub Date : 2020-06-26 DOI: 10.5817/mujlt2020-1-5

Tereza Novotná

引用次数: 8

Public Provocation to Commit a Terrorist Offence: Balancing between the Liberties and the Security 公开煽动恐怖犯罪：自由与安全的平衡

Masaryk University Journal of Law and Technology Pub Date : 2020-06-26 DOI: 10.5817/mujlt2020-1-6

Kristina Ramešová

{"title":"Public Provocation to Commit a Terrorist Offence: Balancing between the Liberties and the Security","authors":"Kristina Ramešová","doi":"10.5817/mujlt2020-1-6","DOIUrl":"https://doi.org/10.5817/mujlt2020-1-6","url":null,"abstract":"Modern terrorism is global and decentralized like cyberspace. While the Darknet is mostly used by terrorists for fundraising campaigns and illicit trading, publicly accessible social platforms such as Twitter, Facebook or YouTube are abused for terrorist propaganda. Combating terrorism remains one of the top priorities of the European union (hereinafter as “the EU”). The approach towards the online content possibly connected to terrorist propaganda has become stricter. This paper focuses on the development of the EU legislation on the offence related to terrorist activities: the public provocation to commit a terrorist offence, as well as on the obligations of hosting service providers. It also analyses the impact of the Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA. The article observes a changing attitude on private monitoring of online information in the development of the EU legislation. It analyses changes in the Proposal for a Regulation of the European Parliament and of the Council on preventing the dissemination of terrorist content online. These changes signify a shift in the perception of the necessary level of freedom to receive and impart information through the internet.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"14 1","pages":"123-147"},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46254360","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

Law Applicable to Cloud Computing Contracts Concluded with Consumers under Regulation 593/2008, According to the CJEU Case Law 根据欧洲法院判例法，适用于根据第593/2008号条例与消费者签订的云计算合同的法律

Masaryk University Journal of Law and Technology Pub Date : 2020-06-26 DOI: 10.5817/mujlt2020-1-4

Krzysztof Żok

引用次数: 0

The Complexity of Criminal Liability of AI Systems 人工智能系统刑事责任的复杂性

Masaryk University Journal of Law and Technology Pub Date : 2020-06-26 DOI: 10.5817/mujlt2020-1-3

N. Osmani

{"title":"The Complexity of Criminal Liability of AI Systems","authors":"N. Osmani","doi":"10.5817/mujlt2020-1-3","DOIUrl":"https://doi.org/10.5817/mujlt2020-1-3","url":null,"abstract":"Technology is advancing at a rapid pace. As we anticipate a rapid increase in artificial intelligence (AI), we may soon find ourselves dealing with fully autonomous technology with the capacity to cause harm and injuries. What then? Who is going to be held accountable if AI systems harm us?Currently there is no answer to this question and the existing regulatory framework falls short in addressing the accountability regime of autonomous systems. This paper analyses criminal liability of AI systems, evaluated under the existing rules of criminal law. It highlights the social and legal implications of the current criminal liability regime as it is applied to the complex nature of industrial robots. Finally, the paper explores whether corporate liability is a viable option and what legal standards are possible for imposing criminal liability on the companies who deploy AI systems.The paper reveals that traditional criminal law and legal theory are not well positioned to answer the questions at hand, as there are many practical problems that require further evaluation. I have demonstrated that with the development of AI, more questions will surface and legal frameworks will inevitably need to adapt. The conclusions of this paper could be the basis for further research.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42482234","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: 5

Higher Sustainability of Mental Models Acquired from a Digital Game in Comparison with a Live Action Role-playing Game and a Traditional Lecture 从数字游戏中获得的心理模型与真人角色扮演游戏和传统讲座相比具有更高的可持续性

Masaryk University Journal of Law and Technology Pub Date : 2020-05-05 DOI: 10.5817/mujlt2020-1-2

Michaela Slussareff, Vít Šisler

{"title":"Higher Sustainability of Mental Models Acquired from a Digital Game in Comparison with a Live Action Role-playing Game and a Traditional Lecture","authors":"Michaela Slussareff, Vít Šisler","doi":"10.5817/mujlt2020-1-2","DOIUrl":"https://doi.org/10.5817/mujlt2020-1-2","url":null,"abstract":"This article analyses the effectivity of teaching EU law using various educational media. It specifically explores the differences between, and sustainability of, mental models constructed within three various educational environments: (1) a digital game played on PCs, (2) a non-digital role-playing game, and (3) a traditional lecture with discussions. We conducted a laboratory experiment, in which participants (253 high school students, M = 112, F = 141, mean age 16.5) studied EU laws, institutions, and politics in the three above-mentioned environments. We evaluated and compared mental models participants constructed through content analysis of the concept maps they drew immediately after the experiment and others made one month later. Within the analysis, we studied content, architecture, and changes in mental models over time. The resulting data offer unique insight into the process of mental models creation and sustainability thereof within game-based learning; particularly, when using a digital game. Digital game-based learners’ concept maps differed in comparison with those of the educational role-playing and traditional lecture groups; the students tended to keep less altered mental models in their long-term memory: even after the one month period. The results suggest that a digital game-based learning environment could be more successful in mental model retention and for efficacy of future recall; particularly, when dealing with complex phenomena like EU law.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"14 1","pages":"29-52"},"PeriodicalIF":0.0,"publicationDate":"2020-05-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46967685","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

Cyber Extortion and Threats: Analysis of the United States Case Law 网络勒索与威胁：美国判例法分析

Masaryk University Journal of Law and Technology Pub Date : 2020-05-05 DOI: 10.5817/mujlt2020-1-1

Ioana Vasiu, Lucian Vasiu

引用次数: 0

Juridical Status of So-called Smart Contracts against the Background of the Polish Legal Framework 波兰法律框架背景下所谓智能合同的法律地位

Masaryk University Journal of Law and Technology Pub Date : 2019-09-30 DOI: 10.5817/mujlt2019-2-3

Bogna Kaczorowska

{"title":"Juridical Status of So-called Smart Contracts against the Background of the Polish Legal Framework","authors":"Bogna Kaczorowska","doi":"10.5817/mujlt2019-2-3","DOIUrl":"https://doi.org/10.5817/mujlt2019-2-3","url":null,"abstract":"Among substantial advancements challenging contemporary contract law special attention is given to autonomous, cryptographic solutions based on decentralised infrastructure provided by blockchain technology, intended to execute transactions automatically, designated as smart contracts. The need for comprehensive research on legal implications of practical implementation of this technological innovation is triggered particularly by the prognostications declaring it a valid alternative to hitherto contract law framework that is expected to be ultimately replaced by algorithmic mechanisms underpinning smart contracts.A relevant assessment of the impact smart contracts are presumed to have on the contract law domain requires a thorough analysis of their juridical status. The specificity of the category of smart contracts raises doubts whether they comply with the definition criteria inherent to contract law terminology. Additionally, it is of material importance to determine the function smart contracts can perform in the sphere of contractual practice and to confront it with the role and axiology of contract law.The article aims at analysing the peculiarities of smart contracts from the perspective of the Polish private law system with account being also taken of current development tendencies concerning the concept of contract.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45131968","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

Procedural and Institutional Backing of Transparency in Algorithmic Processing of Rights 权利算法处理中透明度的程序和制度支持

Masaryk University Journal of Law and Technology Pub Date : 2019-09-30 DOI: 10.5817/mujlt2019-2-11

R. Polcák

引用次数: 2

Shareholder Ledger Using Distributed Ledger Technology: The Estonian Perspective 使用分布式账本技术的股东账本:爱沙尼亚的视角

Masaryk University Journal of Law and Technology Pub Date : 2019-09-30 DOI: 10.5817/mujlt2019-2-6

Anne Veerpalu

{"title":"Shareholder Ledger Using Distributed Ledger Technology: The Estonian Perspective","authors":"Anne Veerpalu","doi":"10.5817/mujlt2019-2-6","DOIUrl":"https://doi.org/10.5817/mujlt2019-2-6","url":null,"abstract":"The article focuses on whether it is possible to use new technologies such as distributed ledger technology (DLT) in shareholder ledger maintenance systems. The article uses Estonia as an example to describe the shortcomings of shareholder ledger maintenance regulation and possible suggestions for reform and applies the principle of technology-neutrality to the subject matter to assess whether the regulation allows the adoption of new technologies, such as DLT, in ledger maintenance. The aim of the principle of technology-neutrality is to secure that the regulator does not create regulation that prefers any particular technology and discriminates against other technologies. Any regulation that is built around a pre-existing technology could suffer from preferring the use of that particular technology and consequently hinder innovation. In the article it is examined whether the ledger maintenance models used in Estonia are benefitting or suffering from the non-existence of technology-neutral technical standards for ledger maintenance and whether the differentiation of treatment of shareholder ledger administrators is justified on the basis of the principle of technology-neutrality.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48613319","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

Blockchain-based Land Registration: Possibilities and Challenges 基于区块链的土地注册:可能性与挑战

Masaryk University Journal of Law and Technology Pub Date : 2019-09-30 DOI: 10.5817/mujlt2019-2-8

M. Kaczorowska

{"title":"Blockchain-based Land Registration: Possibilities and Challenges","authors":"M. Kaczorowska","doi":"10.5817/mujlt2019-2-8","DOIUrl":"https://doi.org/10.5817/mujlt2019-2-8","url":null,"abstract":"In recent decades land registration systems operating in Europe and worldwide have been subject to modernisation processes consisting in implementation of information and communication technologies. Such reforms have gradually led to facilitating access to land information, improving effectiveness of land registration proceedings and even introducing possibilities to dispose of the ownership of land electronically by developing electronic conveyancing mechanisms. Another innovative concept much discussed nowadays is the application of blockchain technology in the land registration sector. This solution is currently being tested in a number of countries.Distributed ledger technology underlying blockchain is expected to revolutionise land registration by offering a secure architecture to store land transactions with the use of cryptographic protocol. This shall bring advantages of increased trust and processing efficiency as well as reduction of costs. However, the above idea raises concerns given that, under the assumptions of the “original” blockchain model, transactions are irreversible and are carried out without intermediaries, which means the lack of any external control and independent verification of the transactions to be recorded.The article examines potential benefits and risks of automatisation of land transactions as well as practical experiences of selected countries in implementing blockchain in the area of land registration. On this basis, an assessment will be made as to whether blockchain-based registration could indeed replace the existing methodology of registering rights to land.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46200682","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: 19