Masaryk University Journal of Law and Technology最新文献_第9页

On Author, Copyright and Originality: does the unified EU originality standard correspond to the digital reality in Wikipedia? 作者、版权与原创:欧盟统一的原创标准是否符合维基百科的数字现实?

Masaryk University Journal of Law and Technology Pub Date : 2017-09-30 DOI: 10.5817/MUJLT2017-2-2

Aurelija Lukoševičienė

引用次数: 1

Judicial Jurisdiction over Internet Privacy Violations and the GDPR: a Case of ''Privacy Tourism''? 网络隐私侵权的司法管辖权与GDPR——以“私人旅游”为例？

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-2

Ioannis Revolidis

{"title":"Judicial Jurisdiction over Internet Privacy Violations and the GDPR: a Case of ''Privacy Tourism''?","authors":"Ioannis Revolidis","doi":"10.5817/MUJLT2017-1-2","DOIUrl":"https://doi.org/10.5817/MUJLT2017-1-2","url":null,"abstract":"This paper discusses the impact of art. 79(2) of the General Data Protection Regulation (GDPR) in international litigation over online privacy violations. The first part introduces the tendency of the European legislator to treat private international law problems in the field of data protection as isolated and independent from the traditional secondary private international law acts. The second part analyses the current status quo of international jurisdiction over online privacy violations according to Regulation 1215/2012. After briefly examining the eDate and Martinez ruling (joined cases C-509/09 and C-161/10), it concludes that the Court of Justice of the European Union has stretched the jurisdictional grounds of art. 7(2) Regulation 1215/2012 too far in order to afford strong protection to data subjects. In that sense, it raises doubts on whether art. 79(2) was necessary. Following this conclusion, it tries to explore the uneasy relationship of GDPR art. 79(2) with the jurisdictional regime established under Regulation 1215/2012. Instead of an epilogue, the last part tries to make some reflections on the impact of GDPR art. 79(2) in privacy litigation cases involving non-EU parties.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"7-38"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41781487","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

Editorial: Time to Move Forward on International ICT Law 社论:是时候推进国际信息通信技术法了

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-1

D. Svantesson

{"title":"Editorial: Time to Move Forward on International ICT Law","authors":"D. Svantesson","doi":"10.5817/MUJLT2017-1-1","DOIUrl":"https://doi.org/10.5817/MUJLT2017-1-1","url":null,"abstract":"Anyone studying the comparatively short history of the discipline we may refer to as information and communications technology (ICT) law will notice several trends. One such trend is that, where a new topic starts gaining attention, that attention is typically directed at the domestic context. For example, it is only relatively recently that the international dimensions of data privacy law have started to gain widespread attention, and areas such as cyber security are still mainly approached from a domestic perspective. This is not to deny that there, already early on, is an awareness of the international dimensions. All I am suggesting here is that those international dimensions only gain widespread attention once the domestic perspective has been pursued. And maybe this is both natural and desirable. However, what is striking is the extent to which attention is now being directed at the international dimensions of various topics falling within the umbrella term of ICT law. In fact, I think we are now in a “golden era” for anyone who has an interest in the cross-section of ICT law and international law – be it public, or private, international law (to the extent that distinction still is valid). In light of this, this special issue of the Masaryk University’s flagship journal – the Masaryk University Journal of Law and Technology (MUJLT) – is definitely timely. And given the high quality of the contributions, and the interesting topics they address, I have no doubt that this issue will help progress the law on several vitally important topics. Because the time","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"3-6"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45295463","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

The new EU rules on electronic insolvency registers 欧盟关于电子破产登记的新规定

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-9

M. Bogdan

引用次数: 1

The European Commission’s Geo-blocking Proposals and the Future of EU E‑commerce Regulation 欧盟委员会的地理封锁提案和欧盟电子商务监管的未来

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-3

P. V. Cleynenbreugel

{"title":"The European Commission’s Geo-blocking Proposals and the Future of EU E‑commerce Regulation","authors":"P. V. Cleynenbreugel","doi":"10.5817/MUJLT2017-1-3","DOIUrl":"https://doi.org/10.5817/MUJLT2017-1-3","url":null,"abstract":"As part of its Digital Single Market strategy, the European Commission envisages to take action aimed at eradicating the practice of blocking one’s website to persons established or residing in a particular EU Member State. To that extent, a 2015 proposal for a regulation on the portability of online streaming services and a 2016 proposal for a regulation on geo-blocking outside the audio-visual context have been presented, the scope of which will be analysed in this paper. Although the proposed Regulations would tackle topical problems in EU e commerce and thus offer a necessary step forward in enhancing cross-border trade in the European Union, their envisaged regulatory approach raises important concerns from enforcement and rules’ circumvention points of view. Taking stock of those two concerns, the paper will reflect upon ways to mitigate their detrimental effects. Arguing that the geo-blocking proposals already contain the basic tools for such mitigation, the paper advocates the adoption of a more streamlined EU competition law and e-commerce regulation enforcement strategy, complemented by a “technologically more pro-active” EU law interpretation stance to e-commerce at the EU level.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"39-62"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42345142","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

What Is an International Cybersecurity Regime and How We Can Achieve It 什么是国际网络安全制度以及我们如何实现它

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-7

I. Stadnik

引用次数: 4

ICANN: Transformation of Approach towards Internet Governance ICANN：互联网治理方式的转变

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-8

Veronika Zolnercíková

引用次数: 0

Choice-of-court Agreements in the E-commerce International Contracts 电子商务国际合同中的法院选择协议

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-4

A. Gonçalves

引用次数: 2

The CJEU as an Innovator – a New Perspective on the Development of Internet Related Case-law 欧盟法院作为创新者——网络判例法发展的新视角

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-5

Ulf Maunsbach

{"title":"The CJEU as an Innovator – a New Perspective on the Development of Internet Related Case-law","authors":"Ulf Maunsbach","doi":"10.5817/MUJLT2017-1-5","DOIUrl":"https://doi.org/10.5817/MUJLT2017-1-5","url":null,"abstract":"In this paper I will use concepts from innovation theory to analyse the work of the Court of Justice of the European Union in its important role as sole interpreter of EU law. In that regard, I define ‘innovator’ as one that facilitates use of new or existing inventions. Thus innovation is portrayed as a process in which several actors may contribute and where it all starts with an invention (the solution) and it ends with the innovation (the process of making use of the invention). The Court of Justice of the European Union may be an inventor in as much as it is allowed to invent solutions in order to solve new or existing problems, and it may be innovative in as much as it hands down judgments that shall be followed (i.e. it makes use of the invention). The substance of the paper deals with case-law from the Court of Justice of the European Union in the field of cross-border infringements. The cases will be analysed in relation to the idea that legal decision-making can be described as an innovative process. An approach like this makes it possible to draw conclusions regarding the Court of Justice of the European Unions ability to innovate. It will be apparent that the Court is primarily concerned with so called reactive innovation (i.e. innovation that builds on existing knowledge). Only in exceptional circumstances do we find examples where the Court has proved to conduct in proactive innovation (i.e. inventing and applying new solutions) and this may, according to the author, prove to be a preferred standard. Better to drive safely than to drive in the ditch.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"77-101"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44787983","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

The Notification Requirement in Transborder Remote Search and Seizure: Domestic and International Law Perspectives 跨境远程搜查扣押中的通知要求:国内法与国际法视角

Masaryk University Journal of Law and Technology Pub Date : 2017-06-30 DOI: 10.5817/MUJLT2017-1-6

Anna-Maria Osula, Mark Zoetekouw

{"title":"The Notification Requirement in Transborder Remote Search and Seizure: Domestic and International Law Perspectives","authors":"Anna-Maria Osula, Mark Zoetekouw","doi":"10.5817/MUJLT2017-1-6","DOIUrl":"https://doi.org/10.5817/MUJLT2017-1-6","url":null,"abstract":"Modern criminal investigations increasingly rely on evidence that is not in a tangible format and can no longer be assumed to be located close to the locus delicti or the perpetrator. This article focuses on the notification requirement embedded into the legal regimes regulating one of the available investigative measures employed to access data stored in digital devices – remote search and seizure. The article will first analyse whether there is an obligation under international law to notify the other state about such a transborder investigative measure. Then we will compare the notification requirements for remote search and seizure in three countries’ domestic law: in Estonia, the Netherlands and the United States. Finally, we will draw conclusions on the principal challenges related to the implementation of the notification requirement under the domestic regulation. These involve balancing, on the one hand, the difficulties in identifying the location and the identity of the possible suspect and, on the other hand, the need to provide the involved individuals’ protection as guaranteed by the principles of fair trial and effective remedy.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"103-128"},"PeriodicalIF":0.0,"publicationDate":"2017-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44846226","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