Masaryk University Journal of Law and Technology最新文献_第7页

The Principles Established by the Recommendation CM/Rec(2017)5 on Standards for E-voting Applied to Other Channels of Remote Voting 建议CM/Rec（2017）5中关于应用于其他远程投票渠道的电子投票标准所确立的原则

Masaryk University Journal of Law and Technology Pub Date : 2019-06-30 DOI: 10.5817/MUJLT2019-1-1

Robert Müller-Török

引用次数: 3

Rethinking the Jurisprudence of Cyberspace. Reed, C.; Murray, A. 对网络空间法学的再思考。里德，C。；Murray，A。

Masaryk University Journal of Law and Technology Pub Date : 2019-06-30 DOI: 10.5817/MUJLT2019-1-6

Dominika Galajdová

引用次数: 0

The Tallinn Manuals and the Making of the International Law on Cyber Operations 《塔林手册》与网络作战国际法的制定

Masaryk University Journal of Law and Technology Pub Date : 2019-06-30 DOI: 10.5817/MUJLT2019-1-4

Papawadee Tanodomdej

{"title":"The Tallinn Manuals and the Making of the International Law on Cyber Operations","authors":"Papawadee Tanodomdej","doi":"10.5817/MUJLT2019-1-4","DOIUrl":"https://doi.org/10.5817/MUJLT2019-1-4","url":null,"abstract":"The Tallinn Manuals (the Manuals) attempted to clarify how to apply existing international law to cyber operations. Though the Manuals are non-binding instruments, the Group of International Experts claimed that they reflected the lex lata applicable to cyber operations. However, this claim is questionable due to the dominating role of a few Western states in the drafting process and the linked neglect of the practice of “affected states” in cyber operations. This article examines the quality of the Manuals’ drafting process and the composition and impartiality of the experts involved. It focuses on the issue of the prohibition of the use of force. The aim of this examination is not to discuss whether the Manuals provided the right answer to the question of how international law applies to cyber operations. Rather, they function as a case study of how legal scholarship may affect the making of international law. The article concludes that certain rules in the Manuals are marked by NATO influence and overlook the practice of other states engaged in cyber operations. Therefore, the Manuals disregard the generality of state practice, which should be the decisive factor in the formation of customary international law. As far as “political activism” may be involved, the article argues that the role of legal scholars as assistants to the cognition of international law could be compromised.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44789686","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

Grading AG Szpunar's Opinion in Case C-18/18 – A Caution against Worldwide Content Blocking as Default 对AG Szpunar在C-18/18案件中的意见进行评级-对全球内容屏蔽作为默认设置的警告

Masaryk University Journal of Law and Technology Pub Date : 2019-06-14 DOI: 10.5817/MUJLT2019-2-10

D. Svantesson

引用次数: 2

Online Behavior Recognition: Can We Consider It Biometric Data under GDPR? 在线行为识别：我们能考虑GDPR下的生物特征数据吗？

Masaryk University Journal of Law and Technology Pub Date : 2018-09-17 DOI: 10.5817/MUJLT2018-2-3

Alzbeta Solarczyk Krausová

{"title":"Online Behavior Recognition: Can We Consider It Biometric Data under GDPR?","authors":"Alzbeta Solarczyk Krausová","doi":"10.5817/MUJLT2018-2-3","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-3","url":null,"abstract":"Our everyday use of electronic devices and search for various contents online provides valuable insights into our functioning and preferences. Companies usually extract and analyze this data in order to predict our future behavior and to tailor their marketing accordingly. In terms of the General Data Protection Regulation such practice is called profiling and is subject to specific rules. However, the behavior analysis can be used also for unique identification or verification of identity of a person. Therefore, this paper claims that under certain conditions data about online behavior of an individual fall into the category of biometric data within the meaning defined by the GDPR. Moreover, this paper claims that profiling of a person can not only be done upon existing biometric data as biometric profiling but it can also lead to creation of new biometric data by constituting a new biometric template. This claim is based both on legal interpretation of the concepts of biometric data, unique identification, and profiling as well as analysis of existing technologies. This article also explains under which conditions online behavior can be considered biometric data under the GDPR, at which point profiling results in creation of new biometric data and what are the consequences for a controller and data subjects.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43591643","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

Right of Access under GDPR and Copyright GDPR下的访问权和版权

Masaryk University Journal of Law and Technology Pub Date : 2018-09-17 DOI: 10.5817/MUJLT2018-2-5

Angela Sobolčiaková

引用次数: 1

Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance 寻找参考：利用文本自动分析研究司法合规性

Masaryk University Journal of Law and Technology Pub Date : 2018-09-17 DOI: 10.5817/MUJLT2018-2-2

Katarína Šipulová, Hubert Smekal, Jozef Janovský

{"title":"Searching for a Reference: Using Automated Text Analysis to Study Judicial Compliance","authors":"Katarína Šipulová, Hubert Smekal, Jozef Janovský","doi":"10.5817/MUJLT2018-2-2","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-2","url":null,"abstract":"The concept of judicial compliance has attracted plenty of attention in the last two decades. Yet, despite the growing scholarly interest, important research questions remain largely unresolved. This is partly due to the persistent use of unsystematic research, built on the cherry picking of cases. The content of only a few well-known judgments has been thoroughly examined, and the rest remains largely ignored by the legal scholarship. The aim of this article is to introduce a sketch of a new three-level approach for improving research on judicial compliance in a multi-level arena. We show how the use of automated text analysis in combination with more traditional legal methods might shed more light on the concept of judicial compliance and judicial dialogues. We explain the procedure of the automated collection of data and their coding and also point out the risks of using automated text analysis when studying judicial compliance. The approach is demonstrated on a single case study of the use of European Court of Human Rights rulings by Czech apex courts. This study assesses how often and in what way the domestic courts engage with the European Court of Human Rights case law.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49568863","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

The African Union Convention on Cybersecurity: A Regional Response Towards Cyber Stability? 非洲联盟网络安全公约:对网络稳定的区域回应?

Masaryk University Journal of Law and Technology Pub Date : 2018-09-17 DOI: 10.5817/MUJLT2018-2-1

U. Orji

{"title":"The African Union Convention on Cybersecurity: A Regional Response Towards Cyber Stability?","authors":"U. Orji","doi":"10.5817/MUJLT2018-2-1","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-1","url":null,"abstract":"Following the liberalization of telecommunication markets in African States, and the increasing availability of wireless technologies and broadband capacity, the levels of Internet penetration and ICT access in Africa has continued to grow in a phenomenal manner since the beginning of the new millennium. Internet use statistics indicate that Africa’s Internet user population grew from about four and a half million people in 2000 to about 400 million people in December, 2017. However, widespread ICT access and Internet penetration in Africa has also raised concerns over the need to promote cybersecurity governance and cyber stability across the continent. This prompted the African Union to establish a regional cybersecurity treaty, known as the African Union Convention on Cyber Security and Personal Data Protection, in June, 2014. The Convention imposes obligations on Member States to establish legal, policy and regulatory measures to promote cybersecurity governance and control cybercrime. This article analyzes the nature and scope of the cybersecurity governance obligations under the Convention and examines how the adoption of the Convention can promote cyber stability in the African region. In so doing, the paper also examines the challenges impeding the application of the Convention as a framework for promoting regional cyber stability in Africa. The paper identifies the slow pace of Member State ratification and the absence of effective regional coordination as some of the major reasons why the Convention has not been effectively applied as a framework for promoting regional cyber stability. Therefore, the paper makes a case for the establishment of a regional monitoring mechanism within the AU framework to improve the regional harmonization of cybersecurity governance frameworks, and harness the application of the Convention as a framework for promoting regional cyber stability.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42300057","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: 6

Quo Vadis Open data? Quo Vadis开放数据？

Masaryk University Journal of Law and Technology Pub Date : 2018-09-17 DOI: 10.5817/MUJLT2018-2-4

Jozef Andraško, Matúš Mesarčík

{"title":"Quo Vadis Open data?","authors":"Jozef Andraško, Matúš Mesarčík","doi":"10.5817/MUJLT2018-2-4","DOIUrl":"https://doi.org/10.5817/MUJLT2018-2-4","url":null,"abstract":"New technologies have irreversibly changed the nature of the traditional way of exercising the right to free access to information. In the current information society, the information available to public authorities is not just a tool for controlling the public administration and increasing its transparency. Information has become an asset that individuals and legal entities also seek to use for business purposes. PSI particularly in form of open data create new opportunities for developing and improving the performance of public administration.In that regard, authors analyze the term open data and its legal framework from the perspective of European Union law, Slovak legal order and Czech legal order. Furthermore, authors focus is on the relation between open data regime, public sector information re-use regime and free access to information regime.New data protection regime represented by General Data Protection Regulation poses several challenges when it comes to processing of public sector information in form of open data. The article highlights the most important challenges of new regime being compliance with purpose specification, selection of legal ground and other important issues.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49490743","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: 3

Delictual Liability for Damage Caused by Fully Autonomous Vehicles: The Estonian Perspective 从爱沙尼亚的角度看全自动驾驶汽车造成的损害的不可撤销责任

Masaryk University Journal of Law and Technology Pub Date : 2018-06-29 DOI: 10.5817/MUJLT2018-1-3

Taivo Liivak, Janno Lahe

{"title":"Delictual Liability for Damage Caused by Fully Autonomous Vehicles: The Estonian Perspective","authors":"Taivo Liivak, Janno Lahe","doi":"10.5817/MUJLT2018-1-3","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-3","url":null,"abstract":"Self-driving vehicles have become a reality. For instance, in the summer of 2017, self-driving buses carried passengers on a designated route in Estonia's capital Tallinn. Regrettably, traffic accidents involving self-driving vehicles have also become a reality. This article focuses on fully autonomous vehicles. The safe and responsible use of fully autonomous vehicles calls for appropriate rules and an appropriate allocation of liability. Above all, fully autonomous vehicles pose a challenge to the law of delict. The article seeks to establish, based on the example of Estonian law, whether the application of delictual liability is affected by the autonomy of a vehicle and, if so, whether related differences are significant, and whether the law of delict needs to be modified in the light thereof. The issues are discussed primarily in the context of Estonian law, but parallels with German law are drawn as well. The conclusions drawn are more or less universal and can be taken into account also in other jurisdictions besides Estonia. The article analyses liability for damage caused by fully autonomous vehicles under general delictual liability, strict liability and product liability.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46571722","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