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Journal articles on the topic 'Computer software / Law and legislation'
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1
Suslina, Irina, and Valeriya Tarasova. "Law Protection of Computer Programs in the State of Israel." Tirosh. Jewish, Slavic & Oriental Studies 18 (2018): 206–18. http://dx.doi.org/10.31168/2658-3380.2018.18.4.2.
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Nowadays IT sphere all over the world experiences rapid growth. This situation also refers to the State of Israel that is considered to be one of the leaders in IT-startups and IT sphere in all. The development of IT has a great influence on economy of Israel and its economic development. Application software is usually defined as a main unit in information technologies. Therefore, legal protection of software becomes one of the most important issues regarding IT sphere. Intellectual property law in Israel is mostly based on British intellectual property law. International legislation concerning intellectual property also influences Israeli IP law. As in the majority of countries, in Israel software is considered as an object of copyright law and it is protected in compliance with its provisions. Copyright law is regulated by the Copyright Act passed the Knesset in 2007. The term of protection granted by this Act shall be the life of the author and seventy years after his death. In accordance with the main principle of copyright law, software has been protected since the moment the software was created. That means that software in Israel does not subject to registration or any other procedure of its kind. It is also possible to register a logo and a unique name of software as a trademark, and this can become a substantial addition to the law protection.
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Leonov, Borys, and Valerii Serohin. "Issues of Legal and Expert Support of Law Enforcement Activities in the Field of Cybercrime Counteraction." Information Security of the Person, Society and State, no. 27 (2019): 6–15. http://dx.doi.org/10.51369/2707-7276-2019-3-1.
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The article is devoted to the analysis of the problems of legal and expert support of law enforcement activities in the field of cybercrime counteraction. The article deals with the issues of criminal and legal protection of information security in the context of the implementation of inter-national treaties into the field of national legislation. The authors both analyzed legislation in the field of cybersecurity provision; the modern doctrine devoted to its interpretation and made some suggestions for its improvement. Key words: cybersecurity, cybercrime, computer crime, harmful software, special software for secretly obtaining information.
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Borking, John. "Software copyright part II: The new German legislation." Computer Law & Security Review 2, no. 2 (July 1986): 6. http://dx.doi.org/10.1016/0267-3649(86)90060-9.
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Aryamov, A. A., and Yu V. Gracheva. "DIGITALIZATION: CRIMINAL LAW RISKS IN THE ECONOMY." Actual Problems of Russian Law, no. 6 (July 18, 2019): 108–16. http://dx.doi.org/10.17803/1994-1471.2019.103.6.108-116.
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Any industrial revolution not only opens up new opportunities for society and the state, but also endows criminals with previously non-existing methods and tools for committing crimes. Automation and production robotization, artificial intelligence, 3D printing, the creation of new materials and technologies (biotechnologies and information technologies), etc characterize the fourth industrial revolution. One of the objects of the criminal law protection under threat of harm due to digitalization is the economy (public relations arising from ensuring the normal functioning of the economy as a single national economic complex).At present, it is possible to distinguish such cyber threats for the economy as attacks on banks, on a broker, on a settlement system, embezzlement through Internet banking and some other actions carried out through the use of malicious programs. Their main purpose is misappropriation of other people’s property. The most common methods of embezzlement are the manual transfer of funds from the computer of the account owner through the remote access, automatic software upload, social engineering method, the use of an ransomware program, illegal use of the brand, etc.In the conditions of digitalization, the science of criminal law faces the task of developing a model for systematic updating of domestic criminal legislation, developing general rules and clear criteria for its implementation, rather than a spontaneous response to the immediate needs of a law enforcer by designing special cybercrime compounds.
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Akhtar, Zia. "Digital Technology, Internet Research and Benefits of a Virtual Library." International Journal of Legal Information 48, no. 3 (2020): 110–21. http://dx.doi.org/10.1017/jli.2020.30.
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AbstractThe search of legal precedence or stare decisis has always distinguished the lawyer who is in professional practice. The development of the internet has led to a greater dimension in this research and to an empirical approach to understanding the application of law. The academic lawyer has always needed access to the newest legislation and case law and the online search engines are of increasing relevance to accessing the virtual library. This is necessary to assimilate because of the impact of law and technology which is not just of relevance to find texts but also the process of artificial intelligence that is of utility in forms of inquiry. It includes portals that can be sourced online, Lexis and Westlaw which have available software packages that are available for lawyers. The issue is if the technology is moving at excessive speed or is the momentum of digital technology sustainable within the profession. This article argues that legal software provides the means for artificial intelligence in an increasingly specialist field and it is necessary for professionals to stay equipped with knowledge updates on computer terminals in order to enhance their research or lose out in the information supply chain.
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Milash, V. S. "OBJECTS OF INTERNET LEGAL RELATIONS IN CONDITIONS DIGITALIZATION OF ECONOMY." Economics and Law, no. 2 (September 9, 2021): 16–24. http://dx.doi.org/10.15407/econlaw.2021.02.016.
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The main trend of modern economic turnover and development is the global digitalization of all spheres and industries of the economy. For this reason new types of economic relations arise within their boundaries. The article examines the current situation and prospects for the development of legal regulation of Internet relations in the context of economic development. A number of problematic issues of the legal nature of individual objects of the economic rights that exist in a virtual (digital) format are analyzed. The issues of legal regulation of relations in the structure of which there is the so-called virtual element in a particular digital / virtual object are specifically analyzed. Special attention is paid to virtual assets, computer programs and software, artificial intelligence and the concept of the “Internet of Things”, etc. Emphasis is placed on the need for legislative consolidation of the concepts of virtual property and virtual objects, as well as objects with hybrid cyber-physical nature and their subsequent inclusion in the list of property in the economy of the business sector. Basic approaches to legal regulation of robotics based on artificial intelligence have been established. It is determined that the possibility of achieving a synergistic effect in the legal regulation of relations with virtual objects makes it necessary to make appropriate additions to the provisions of the Economic and Civil codes of Ukraine, as well as modernization of legislation in the field of intellectual property and innovation activities, investment legislation, legislation on property and property rights assessment, e-commerce, foreign economic activity on the Internet, protection of consumer rights of digital goods, etc. When adding and formulating these provisions into national legislation it should be taken into consideration the basis for international legal regulation of these issues submitted by acts of soft law, which are of a recommendatory nature. (These are the recommendations on artificial intelligence developed by the ETO-T Y.2060 (06/2012) Economic Telecommunication Organization “Overview of the Internet of things”).
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Dolganin, A. A. "Software Distribution in E-Form: the Problem of Choosing a Contractual Model." Lex Russica, no. 1 (January 19, 2021): 9–17. http://dx.doi.org/10.17803/1729-5920.2021.170.1.009-017.
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The paper is devoted to the analysis of peculiarities of legal support of distribution of “boxless” versions of foreign software distributed exclusively in e-form in Russia. In the conditions of digitalization of economic relations, a significant part of the difficulties, Russian software distributors face with, are associated with the imperfection of contractual work in companies rather than with the current legislation. The author highlights the specifics of contractual relations (their prerequisites and content) between the distributer (reseller) and right-holder (vendor) as factors influencing the choice of a contract concluded between the software distributor and purchaser, as well as availability or lack of a tangible (material) medium as an objective form of existence of computer software. The author elucidates such prerequisites for establishing contractual relationships as substantial inequality of negotiating positions, the predetermined choice of applicable law and transformation of classical distributor's perception. Regarding their content, contracts between the vendor and reseller are often characterized by an outright prohibition of sublicensing and the assignment of duties on the reseller to perform a whole set of actions. In turn, a fundamental lack of software versions on tangible media at the vendor calls into question the feasibility of concluding a contract between the reseller and the user of the contract of sale widely used in Russian contractual practice. The analysis of the whole set of these factors with due regard to the Russian law enforcement practice, allows us to draw a conclusion about the advantages of an intermediary model of distribution using the agency contract. This model is the least vulnerable in the context of intellectual rights infringement at all stages of distribution and provides appropriate expert support to the end user of the software.
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Zerov, Konstiantyn. "Copyright protection for computer programs." Theory and Practice of Intellectual Property, no. 6 (June 16, 2021): 5–14. http://dx.doi.org/10.33731/62020.233854.
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Zerov K. Copyright protection for computer programs. The article discusses the main approaches to the legal protection of software, particularly computer programs, in accordance with the current legislation of Ukraine and foreign practices. It is concluded that copyright allows to adequately protect the forms of expression of a computer program: object and source codes of the program. It is noted that a computer program shall be protected if it is original in the sense that it is the author's own intellectual creation, and no other criteria shall be applied to determine its eligibility for protection in Ukraine. Like any other copyright object, a computer program has «legally indifferent» and «legally significant» elements of the form of expression. The legally indifferent elements of a computer program should include a) elements dictated by the efficiency of a computer program; (b) elements that are dictated by external factors; and (c) elements that the original programmer had taken from the public domain. The main approaches to the use (copying) of the source or object code of computer programs as part of other computer programs are given: «literal copying» and «non-literal copying.» It is concluded that «non-literal copying» of a computer program cannot violate the copyright law in Ukraine since the ideas and principles on which any element of a computer program is based are not protected by copyright. It is assumed that the modification of a computer program by eliminating technical means of protection and further use of computer program gives grounds to qualify such actions as two separate types of copyright infringement: infringement of the copyright holder's property rights and deliberately circumventing technical means of copyright protection. It is noted that in some scenarios, theuse of works under the limitation of copyright without circumvention of technical means may be impossible. The proposal to legislatively provide for the possibility of a person who has the right to freely use work to contact the copyright holder with a request to remove technical means solely for such use, as well as cases of permissible circumvention of technical means, has been made.Keywords: computer program, copyright, literal copying, non-literal copying
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Klynina, Tetiana. "Rogers Act 1924: establishment of a professional USA Foreign Service." American History & Politics Scientific edition, no. 10 (2020): 35–42. http://dx.doi.org/10.17721/2521-1706.2020.10.3.
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The article is devoted to the analysis of the formation of the legal framework that made possible the existence and functioning of the US foreign service. The purpose of the article is to clarify the preface and the course of formation of the professional foreign service of the United States, which was reflected in the adoption of the Rogers Act. The methodological basis of the study. The study was based on the principle of historicism, which contributed to the consideration of the phenomenon under study in its development and made it possible to identify periods in the formation of a professional diplomatic service. The use of the problem-chronological method contributed to the preservation of the historical heredity and integrity of the picture; the application of the comparative method made it possible to identify significant changes that occurred after the adoption of Rogers’ Law, which was considered through the use of the method of analysis. A historiographical description of the main scientific works devoted to the research topic is given. Analyzed works A. Evans, T. Lay, I. Stewart etc., which became the basis for the study. The scientific novelty lies in the systematization of ideas about qualitative and quantitative changes in the diplomatic service after the adoption of the relevant law. The author concludes that before the adoption of the Rogers Act there was no control over the selection of diplomatic and consular staff and the negative consequences of such a decision were especially evident during the First World War. Therefore, the historical conditions in which America found itself at that time became a challenge for the continued existence of the consular and diplomatic services, and therefore the issue of restructuring and modernization of these services in the United States and its transfer to another, qualitatively new level. In general, the author emphasizes the change in the status of foreign service, which was introduced by relevant legislation, namely the Rogers Act, the need for which was caused by certain historical conditions of the American state and its place on the world stage. Prior to the enactment of the Diplomatic Service Act, there was virtually no control over the selection of diplomatic and consular personnel representing the United States on the world stage. After the First World War, it became clear that the diplomatic service needed to be restructured. That is why Rogers’ law was passed, which, in fact, was the first legislative attempt to resolve this issue.
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Shine Thompson, Mary, and Ann-Katrin Lena Svaerd. "Unintended consequences of special-needs law in Ireland and Sweden." Kybernetes 48, no. 2 (February 4, 2019): 333–47. http://dx.doi.org/10.1108/k-06-2018-0307.
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Purpose This paper aims to trace parallels in the unintended consequences of interpretations of special-needs law in Ireland and Sweden. Design/methodology/approach The paper is conceptual, based on Irish and Swedish legal reports, studies and national planning documents on supports for people with disabilities. It begins by discussing unintended consequences, and then analyses the Irish court decision in Sinnott v. Minister for Education (2001), which stated that the State’s obligation to provide for education for people with special education needs (SENs) ceases when they reach 18 years. It considers how economic considerations influenced that decision. The focus then diverts to Sweden’s human rights culture and the 1994 legislation, LSS (Sweden’s Act Concerning Support and Services for Persons with Certain Functional Impairments), which enshrines equality and support for people with disabilities, including personal assistance (PA). Cost-saving restrictions on PA allowances are discussed. Findings While the Irish State enacted a law on education rights following the Sinnott case the Education for Persons with Special Educational Needs Act (2004), or EPSEN (2004), it restricts those rights, and sections remain uncommenced. The case may have exhausted litigation as a remedy for people with SENs. In Sweden, austerity diluted the impact of LSS, leading to reduced entitlements and intrusions on privacy. It allowed legal discourse to dominate discussion. Families were negatively affected. In both countries, human rights may have suffered. Identifying which consequences of the legal actions were unintended, and which party did not intend them, can be problematic. Practical implications The paper concludes that the courts limited entitlement to the detriment of people with disabilities, and that caution must be exercised in having recourse to law courts in settling entitlements. Originality/value The paper is an original analysis of unintended consequences of legal interventions in special-needs policy. It illustrates difficulties in matching visions and systemic requirements in legal and the educational domains.
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Kulynych, Pavlo. "Digitalization of land relations and law in Ukraine: methodological and theoretical aspects." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 257–67. http://dx.doi.org/10.33663/0869-2491-2021-32-257-267.
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The article examines the methodological and theoretical issues of the formation of legal support for the digitalization of land relations in Ukraine. The author points out that the digitalization of land relations causes "profound" changes in their legal regulation and determines the clarification of the basic principles of land law of Ukraine. Thus, with the adoption of the Law "On National Infrastructure of Geospatial Data" laid the beginning of the formation in the land legislation of Ukraine the principle of availability of public data on land, which symbolizes the beginning of the era of digitalization of land relations. The essence of this principle is that all information provided by law and created in the process of maintaining the relevant state registers of land and related natural and other resources (geospatial data) as a multifaceted object of land and other legal relations are available to subjects of such legal relations in real time in the official form and to the extent that such access is provided by the computer equipment and software used by such subjects. As stated in the Concept of Development of the Digital Economy and Society of Ukraine for 2018–2020, digitization is the saturation of the physical world with electronic-digital devices, tools, systems and electronic communication between them, which actually allows integrated interaction of virtual and physical, ie creates cyberphysical space. In our opinion, this definition of digitization cannot be considered as correct. Firstly, saturation of the physical world with electronic-digital devices, means, systems and the establishment of electronic-communication exchange between them is neither the essence nor the purpose of digitalization, but is only a way to implement it. After all, the saturation of the physical world with electronic-digital devices can lead to any social result – both positive and negative. Secondly, the provision of integrated interaction of virtual and physical - the creation of cyberphysical space does not indicate how such cyberphysical space differs from ordinary physical space, in which social relations arise and are regulated by law. Therefore, the concept of digitalization needs to be clarified taking into account the specifics of the legal regulation of land relations. It is proved that the legal norms regulating the digitalization of public relations are an integral part of the administrative, civil, land and other branches of law. The conclusion is substantiated that the legal infrastructure of digitalization of land relations includes legal support for: 1) collection and formation of a system of information about the land using its remote sensing; 2) formation of promptly updated land databases; 3) the formation of a system of registers, portals and other service mechanisms that guarantee and provide access to such databases and the use of information about land in land legal relations. The author proves that legal support for digitalization of land relations is their legal regulation, the basic basis of which is information about the land (data-based legal regulation), which with the help of appropriate software includes the dynamics of qualitative and quantitative state of land in the mechanism of legal regulation of land relations, transforming this dynamic in such dynamics of land legal relations at which negative and positive changes in a condition of the earths automatically cause emergence, change, specification of the rights and duties of their subjects and form preconditions for application of the legal influence provided by the legislation on those subjects whose activity or inaction caused negative consequences in the condition of the lands. Finaly analysis of the modern system of land information required to ensure the digitization of land relations, gives grounds to identify such key components of its legal infrastructure as: 1) collection and formation of a system of such information through remote sensing of land (remote sensing); 2) formation of operatively updated land databases; 3) formation of a system of registers, portals and other service mechanisms, which guarantee and provide access to such databases and the use of information about land in land relations. Each of the selected elements of the system of information use in the process of digitization of land relations has a special legal mechanism.
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Gilmanov, Eduard, and Danila Kirpichnikov. "On the need to develop a methodology for investigating crimes in the field of digital information circulation." Current Issues of the State and Law, no. 14 (2020): 262–77. http://dx.doi.org/10.20310/2587-9340-2020-4-14-262-277.
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The relevance of the study is due to the transition of the processes of circulating information about the interaction of individuals into information and telecommunication devices, its systems and networks, which causes changes in the structure of crime, determines the emergence of new methods and ways of committing acts prohibited by criminal law. In accordance with the above, changes are also taking place in the sources for displaying trace information about a criminal event, which are used by information and tele-communication devices, its systems and networks with increasing frequency. These circumstances necessitate the transition from traditional methods of crime investigation in favor of those techniques and methods that take into account the current level of technical development, allow us to receive digital information and generate evidence on its basis. The purpose of the work is to justify the need to offer new methods for investigating crimes in the field of digital information circulation. In the course of study based on a set of meth-ods of scientific knowledge, including abstract and logical, modern means of evidence are analyzed, on the basis of which the conclusion is drawn about the need to reform the procedural legislation, and the early development of new means and methods of investigating crimes. We substantiate the need for the active use of new types of special forensic examination: information-technology, examination of digital signatures, the process of developing and using software, computer-network examination, circumstances examination of the creation and use of individual files, and also discuss a range of issues addressed by these examinations.
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Romaniv, Khrystyna. "Information and communication technologies as a means to increase the professional skills of law students." Law and innovations, no. 4 (32) (December 15, 2020): 55–61. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-8.
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Problem definition. Modern legal activities are inextricably linked with ICT, and therefore information culture as acomponent of professional legal consciousness of a law student is no less relevant, since new generation of legalprofessionals must efficiently apply the acquired knowledge, influence development of democratic, rule-of-law state andcivil society.ICT contributes to formation of a unified European educational space and professional growth of future lawyers. Inaddition, accelerating the pace of information creation and dissemination allows a law student to expand their intellectualpotential. After all, a lawyer faces processing of large amounts of legal information in the professional activity, which isassociated with various legal facts, offenses and their overcoming, various legal relations and law and order. To resolvequickly legal situations, a lawyer has to use ICT aiming at assistance in systematization and provision of quick access tolegal information. Accordingly, it is today important to teach a law student not only basic legal knowledge, but also theability to respond quickly and find solutions to various legal situations. Analysis of the last researches and publications. The issue of professional skills formation in law students usingICT has not been elaborated in scientific literature. However, some authors are close to the topic we have chosen bydisclosing such issues as: ICT use in education and legal in particular. Such researchers include: B. Hershunskyi,R. Hurevych, V. Zelinska, M. Kademiia, М. Kozer, V. Lusha, N. Lohinova, S. Netiosova, N. Rusina, І. Savchenko,О. Fedorchuk, М. Sherman, S. Shyika, О. Shmyrov et al. Article objective. Elaboration of ICT importance as a tool for learning the law through establishment of stages oflaw student’s professional skills formation. Article’s main body. Professionalism is formed primarily through education, therefore a professional lawyer is aself-establishment in the field of law through knowledge and skills. The literature analysis showed that the importance ofinformation and communication technologies as a law knowledge tool can be revealed by establishing the stages of formationof professional skills of law student, in particular: 1) preparation, receipt, collection and exchange of legal informationduring learning; 2) expanding the range of cognitive activity; 3) formation of legal knowledge, their preservation;4) formation of legal thinking in a law student; 5) formation of moral and legal ideals of the future lawyer; 6) emergenceof research and practical skills.It is revealed that the emergence of research and practical skills is evidence of information and legal competence,which is the basis of professional skills of the future lawyer. Legal competency means a set of professional knowledge related to legal information, a variety of application software skills and information skills to use the ICT to solve differentprofessional problems. Conclusions and prospects for the development. It is proved that the ICT in the preparation of law students helpsto increase the professional capacity of a young specialist to perform future legal activities and leads to enrichment ofpedagogical and organizational activity of higher educational institutions with the following opportunities: extension ofthe information component of the professional skills of the law student, which is possible through the computer use andis manifested in the following: timeliness in obtaining complete and reliable information, minimizing time when seekinglegal information; ability to process significant volumes of legal information, ability to use different types of legalinformation source, ability to create their own databases of legal information; improvement of practical skills throughmodeling of different legal situations or their computer visualization, which may arise in professional activity; expansionof orientation skills, which is the speed of responding to changes and additions in the current legislation, ability to finduseful legal information in the short term; improvement of analytical skills through continuous monitoring of legalinformation and speeding up the transfer of legal experience.
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Romaniv, Khrystyna. "Information and communication technologies as a means to increase the professional skills of law students." Law and innovations, no. 4 (32) (December 15, 2020): 55–61. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-8.
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Problem definition. Modern legal activities are inextricably linked with ICT, and therefore information culture as acomponent of professional legal consciousness of a law student is no less relevant, since new generation of legalprofessionals must efficiently apply the acquired knowledge, influence development of democratic, rule-of-law state andcivil society.ICT contributes to formation of a unified European educational space and professional growth of future lawyers. Inaddition, accelerating the pace of information creation and dissemination allows a law student to expand their intellectualpotential. After all, a lawyer faces processing of large amounts of legal information in the professional activity, which isassociated with various legal facts, offenses and their overcoming, various legal relations and law and order. To resolvequickly legal situations, a lawyer has to use ICT aiming at assistance in systematization and provision of quick access tolegal information. Accordingly, it is today important to teach a law student not only basic legal knowledge, but also theability to respond quickly and find solutions to various legal situations. Analysis of the last researches and publications. The issue of professional skills formation in law students usingICT has not been elaborated in scientific literature. However, some authors are close to the topic we have chosen bydisclosing such issues as: ICT use in education and legal in particular. Such researchers include: B. Hershunskyi,R. Hurevych, V. Zelinska, M. Kademiia, М. Kozer, V. Lusha, N. Lohinova, S. Netiosova, N. Rusina, І. Savchenko,О. Fedorchuk, М. Sherman, S. Shyika, О. Shmyrov et al. Article objective. Elaboration of ICT importance as a tool for learning the law through establishment of stages oflaw student’s professional skills formation. Article’s main body. Professionalism is formed primarily through education, therefore a professional lawyer is aself-establishment in the field of law through knowledge and skills. The literature analysis showed that the importance ofinformation and communication technologies as a law knowledge tool can be revealed by establishing the stages of formationof professional skills of law student, in particular: 1) preparation, receipt, collection and exchange of legal informationduring learning; 2) expanding the range of cognitive activity; 3) formation of legal knowledge, their preservation;4) formation of legal thinking in a law student; 5) formation of moral and legal ideals of the future lawyer; 6) emergenceof research and practical skills.It is revealed that the emergence of research and practical skills is evidence of information and legal competence,which is the basis of professional skills of the future lawyer. Legal competency means a set of professional knowledge related to legal information, a variety of application software skills and information skills to use the ICT to solve differentprofessional problems. Conclusions and prospects for the development. It is proved that the ICT in the preparation of law students helpsto increase the professional capacity of a young specialist to perform future legal activities and leads to enrichment ofpedagogical and organizational activity of higher educational institutions with the following opportunities: extension ofthe information component of the professional skills of the law student, which is possible through the computer use andis manifested in the following: timeliness in obtaining complete and reliable information, minimizing time when seekinglegal information; ability to process significant volumes of legal information, ability to use different types of legalinformation source, ability to create their own databases of legal information; improvement of practical skills throughmodeling of different legal situations or their computer visualization, which may arise in professional activity; expansionof orientation skills, which is the speed of responding to changes and additions in the current legislation, ability to finduseful legal information in the short term; improvement of analytical skills through continuous monitoring of legalinformation and speeding up the transfer of legal experience.
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Дашковская, Ольга, Olga Dashkovskaya, Инна Мельникова, and Inna Melnikova. "The use of legal-reference systems for professional training in tourism." Services in Russia and abroad 10, no. 2 (June 16, 2016): 205–14. http://dx.doi.org/10.12737/19734.
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The article is devoted to the possibilities of the use of legal reference systems in the training of students studying "Tourism" and the professional development of teachers in the course of their use. Successful experience is demonstrated by the example of the P.G. Demidov Yaroslavl State University. Applying of legal reference systems allows more effectively implementing the requirements of the current federal state educational standards of higher professional education of the third generation in the formation of important professional competence of specialists in tourism. The range of use of these software systems is very wide. They can be used not only in the study of "Information Technologies in the tourism industry", but also during the development of the legal and economic disciplines, writing term papers and final qualifying works. Compared with other sources of legal information, legal reference systems have significant advantages. Legal reference system"Consultant Plus" most actively cooperates with institutions for many years, its share in the market of legal information systems in Russia is more than 70%. In P.G. Demidov Yaroslavl State University all regular lecturers of the Department of Regional Study and Tourism have been trained in the framework of the developed by the company the program of cooperation with educational institutions and have got the right to conduct teaching activities in this area. Professional version of "Consultant Plus" has been installed on computers of faculty and computer lab. Materials of reference legal system allow teachers to actualize the lecture material, taking into account changes in the legislation, to apply innovative tools and techniques with the advice of professionals on their use. Introduction of reference legal system in educational process also allows to increase students´ interest in learning and to enhance their independent work.
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Klymenko, Nina. "THEORY OF FORENSIC EXPERTOLOGY IN THE SYSTEM OF LAW." Criminalistics and Forensics, no. 64 (May 7, 2019): 48–57. http://dx.doi.org/10.33994/kndise.2019.64.02.
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The article deals with the concept of a general theory of forensic expertology, the conditions for its creation, the place of forensic expert science in the system of legal sciences, the limits of its subject matter, the issues of interaction and the relationship of the science of forensic science and forensic expertology. The system and structure of the general theory of forensic expertology and its tasks are given. Separate articles of the Criminal Procedure, Civil Procedure, Administrative, Economic, Customs and Other Codes of Ukraine, the Law of Ukraine “On Forensic Expertise” of 1994 and the constitutional confirmation (article 92, paragraph 14 of the Constitution of Ukraine) of the legislative provision of forensic expertise are the further legal basis development of legal, organizational and managerial directions of forensic expertology. Forensic expertology does not only preserves the “birthmarks” of forensic science, but also, in turn, influences the dialectics of the development of the subject of forensic science and the content of its scientific fields (forensic techniques, forensic tactics and forensic methos). In particular, it requires clarifying the well-established view of the unity of forensic techniques for the investigator and expert. The first is made to collect “trace information”, the second is used for its in-depth study based on special knowledge in order to turn it into evidence-based information. Different goals are provided with different means of content. It is more accurate to raise the question of interaction, the “docking” of two, although closely related, but independent branches of scientific and technical means serving justice. The tasks of the general theory of forensic expertise (expert studies) are similar to the tasks of forensic science. They can be divided into general and special. General task is the creation of a scientific base for the purpose of the functioning and development of the industry of the use of special knowledge in examinations for the needs of legal proceedings, assistance in the fight against crime and other offenses, resolution of civil law disputes. Special task is the study of the laws of formation and development of specific types of forensic expertises, the expansion of their capabilities; development and improvement of expert technologies, tools, methods and techniques; the formation of the scientific foundations of new types of forensic expertises in connection with the emergence of new objects (computer, art history, etc.); developing expert crime prevention measures; development of an automated workplace software (AWS) for an expert of various types of research, study and implementation of advanced expert experience; forecasting expert practice processes and research tasks. Specific tasks are the up-to-date tasks that the practice puts before so the science of expert science to meet the needs that have arisen. Key words: forensic expertology, forensic expertise, legal science, theory.
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Rusnak, Ivan, and Marina Vasylyk. "Modern Technological Approaches in English Teaching of Future Teachers-Philologists at Ukrainian Universities." Studia Gdańskie. Wizje i rzeczywistość XVII (May 1, 2021): 253–65. http://dx.doi.org/10.5604/01.3001.0014.9109.
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The article substantiates the advisability of using pedagogical innova-tive technologies in teaching English to masters of philology in higher education institutions of Ukraine regarding state legislation and regula-tory acts and provisions of the Pan-European recommendations on lan-guage education. It is noted that the training of future teachers of English language and literature is carried out at two levels of higher education – bachelor’s (first) and master’s (second) in terms of modernization of education, changing its structure and content, improving existing programs, preparing new courses and special courses, formation of modern mechanisms for determining the quality of education in the context of integration in the European educational space. It is established that the most effective pedagogical technologies in teaching English include the use of information and telecommunication technologies, work with computer training programs, distance courses of learning foreign languages, creating presentations in the software environment Open Office Impress, Microsoft Power Point, use of World Wide Web resources. The algorithm of using a communicatively oriented complex of mul-timedia technologies in teaching speaking skills is highlighted. Which includes three stages: pre-viewing and aimed at forming the communicative competence of future teachers of philology. The main types of work that contribute to the teaching of the English language and the development of speech include: discussion, role play, reproduction of insufficient information, completion of the story, report, story according to the picture (pictures). The proposed types of work and practical advice in their organization will make students more active, and the learning process will be more interesting and effective, will improve the quality of education of masters of philology.
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Ray, Argha, and Anjali Kaushik. "State transgression on electronic expression: is it for real?" Information & Computer Security 25, no. 4 (October 9, 2017): 382–401. http://dx.doi.org/10.1108/ics-03-2016-0024.
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Purpose Cyberspace is a virtual environment where instantaneous communications are initiated and consumed using computer networks without any natural or artificial boundaries. These communications are not only an exchange of information but also a catharsis on the socio-political environment of the real world. This explosion of electronic expression is often detrimental to the traditional secretive maneuvers of nation states and the exercise of its power. Unable to come to terms with the new reality nation states through legislative action or otherwise attempt to assert its sovereignty in the space that has no political and societal boundaries. This may lead to an encroachment on basic human rights that often have constitutional guarantees in the real world but may be violated in the online milieu. This paper aims to investigate this issue in detail and evaluate whether nation states are using cyber-security as a propaganda tool to transgress on electronic expression. Design/methodology/approach The Website of the UN Office of the High Commissioner for Human Rights states “In December 2013, the United Nations General Assembly adopted resolution 68/167, which expresses deep concern at the negative impact that surveillance and interception of communications may have on human rights”. It further says “The General Assembly called on all States to review their procedures, practices and legislation related to communications surveillance, interception and collection of personal data and emphasized the need for States to ensure the full and effective implementation of their obligations under international human rights law”. With this development, this paper seeks to unravel the role of nation states in using cybersecurity as a propaganda tool by raising the specter of threat to national security and economic wellbeing. The paper is based on exploratory research with data compilation from secondary sources. To collect data, various research papers, books and journals have been referenced and data available in public domain has been accumulated. Findings This paper has tried to unravel state action on cyberspace which often runs counter to the concept of civil liberties. It indicates that in terms of both national security and economic impact, cybercrime represent a very nominal threat vector. Also, cybercrime as compared with other forms of crime is again nominal. Finally, cyber laws and policies of different countries need to be more nuanced such as to allow space for civil liberties. Overall, the propaganda surrounding the malaise of cybercrime seems to be more hype than real. We already have examples of countries who have transgressed into electronic expression in cyber space. Therefore, UN has a valid reason to raise a red flag on this unfolding issue. Originality/value This paper was published at 21st Americas Conference of Information Systems held at Puerto Rico, USA, between August 13-15, 2015 (AMCIS, 2015). The authors of this paper seek review by Editors of the Journal for Republication of original work. The authors have taken cognizance of the Originality Guidelines for Emerald published at this URL www.emeraldgrouppublishing.com/authors/writing/originality.htm
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Olaya, Camilo, Juliana Gomez-Quintero, and Andrea Catalina Navarrete. "Crime and punishment as a social system: the case of prison overcrowding." Kybernetes 47, no. 2 (February 5, 2018): 369–91. http://dx.doi.org/10.1108/k-05-2017-0190.
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Purpose This paper presents an actor-based conceptualization of the increasing oscillatory pattern of prison overcrowding in Colombia. The research proposes a dynamic hypothesis that explains that unintended behavioural pattern as a result of delayed balance feedback loops shaped by decision-making processes of actors that intend to control crime. This system matches a well-known systemic archetype that explains those persistent oscillations. The paper also introduces a simulation model for testing that dynamic hypothesis and for delivering concrete courses of action. This work illustrates the relevance for policymakers to understand the dynamic complexity of social systems as the outcome of the agency of actors who take action to defend their own interests. Such actions ultimately form a complex web of interactions that drive the performance of such systems with unintended consequences. In particular, the construction of explicit models provides better chances of devising policies that consider the system-level implications of those interactions. Design/methodology/approach This work uses system dynamics modelling. First, the paper presents a conceptual model anchored in operational thinking, which refers to the identification of actors and decisions, and the manner in which those decisions ultimately build the respective social system in which the oscillatory pattern emerges. Second, it identifies key feedback structures that result from those chains of decisions. Finally, the paper introduces a simulation model for suggesting policy implications for decisionmakers. Findings The increasing oscillatory pattern that prison overcrowding in Colombia has displayed over the last 20 years is the outcome of a wide variety of laws that increase sanctions on criminal conducts, a phenomenon known as “legislative inflation”. Such reactions against crime are propelled and sustained by society and policymakers as the result of static and linear thinking that simply delivers “more punishment” of crime – harsher legislation and longer prison terms – which ultimately boosts long-term prison overcrowding and further cycles of crime control and overcrowding. Such actions create permanent negative feedback loops that involve various material and information delays, which – coupled with the reinforcing feedback loops – explain the previously mentioned behavioural pattern. Through a system dynamics simulation model, this paper tests and explains the proposed dynamic hypothesis and shows how policymakers can enhance and develop their dynamic understanding to explore and design effective policies intended to tackle prison overcrowding. Practical implications This paper presents a practical and concrete case that bridges the fields of criminal policy and prison management through systems thinking. It uses the case of prison overcrowding in Colombia to demonstrate the relevance of incorporating systemic thinking into the cognitive portfolio of policymakers if they aspire to improve complex systems. Originality/value Criminal policy and prison management are different fields that typically belong to different traditions (law and criminal psychology for the former, public administration for the latter). The work presented here bridges those perspectives under a single engineering and systemic perspective that answers questions in both fields and serves as a unifying framework for designing more coherent criminal policies that meet the practical requirements and restrictions that prison management implies.
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Blume, Peter. "Computer crime legislation in Denmark." International Review of Law, Computers & Technology 3, no. 1 (January 1987): 153–57. http://dx.doi.org/10.1080/13600869.1987.9966261.
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Nycum, Susan H. "Computer Crime Legislation in the United States." Israel Law Review 21, no. 1 (1986): 64–89. http://dx.doi.org/10.1017/s0021223700008906.
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Thirty-three states have enacted statutes that encompass in some way what is referred to in this paper as “computer crime”. In some states, computer crime laws are referred to as such only because of the inclusion of the word computer in some general provision. In others, complex and specific statutes exist.Each of the computer crime state statutes presently in effect has its own peculiar combination of a variety of possible offenses. The bulk of the statutes proscribe as computer crime a core set of activities such as accessing, altering, damaging or destroying a computer with the intent to devise or execute any scheme or artifice to defraud or deceive. This “computer crime”, and a few others to be outlined later, are found in a majority of the state statutes with some individual variations. This paper presents a list of computer crimes common to many of the statutes, describes variations in those crimes and examines in more detail the unusual crimes.
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Al Sharari, Saleh. "Intellectual Property Rights Legislation and Computer Software Piracy in Jordan." Journal of Social Sciences 2, no. 1 (January 1, 2006): 7–13. http://dx.doi.org/10.3844/jssp.2006.7.13.
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Kaiser, Stefan A. "Legal Challenges of Automated and Autonomous Systems." Volume 60 · 2017 60, no. 1 (January 1, 2018): 173–201. http://dx.doi.org/10.3790/gyil.60.1.173.
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With an increasing influence of computers and software, automation is affecting many areas of daily life. Autonomous systems have become a central notion, but many systems have reached only a lower level of automation and not yet full autonomy. Information technology and software have a strong impact and their industries are introducing their own business cultures. Even though autonomy will enable systems to act independently from direct human input and control in complex scenarios, the factors of responsibility, control, and attribution are of crucial importance for a legal framework. Legal responsibility has to serve as a safeguard of fundamental rights. Responsibility can be attributed by a special legal regime, and mandatory human override and fallback modes can assure human intervention and control. It is proposed to establish a precautionary regulatory regime for automated and autonomous systems to include general principles on responsibility, transparency, training, human override and fallback modes, design parameters for algorithms and artificial intelligence, and cyber security. States need to take a positivist approach, maintain their regulatory prerogative, and, in support of their exercise of legislative and executive functions, establish an expertise independent of industry in automation, autonomy, algorithms, and artificial intelligence.
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Greaves, D. W. "Computer software — Protection/liability/law/forms." Computer Law & Security Review 4, no. 3 (September 1988): 5. http://dx.doi.org/10.1016/0267-3649(88)90026-x.
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Skelly, Stephen J. "Data protection legislation in Canada." International Review of Law, Computers & Technology 3, no. 1 (January 1987): 79–96. http://dx.doi.org/10.1080/13600869.1987.9966255.
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Merigoux, Denis, Nicolas Chataing, and Jonathan Protzenko. "Catala: a programming language for the law." Proceedings of the ACM on Programming Languages 5, ICFP (August 22, 2021): 1–29. http://dx.doi.org/10.1145/3473582.
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Law at large underpins modern society, codifying and governing many aspects of citizens' daily lives. Oftentimes, law is subject to interpretation, debate and challenges throughout various courts and jurisdictions. But in some other areas, law leaves little room for interpretation, and essentially aims to rigorously describe a computation, a decision procedure or, simply said, an algorithm. Unfortunately, prose remains a woefully inadequate tool for the job. The lack of formalism leaves room for ambiguities; the structure of legal statutes, with many paragraphs and sub-sections spread across multiple pages, makes it hard to compute the intended outcome of the algorithm underlying a given text; and, as with any other piece of poorly-specified critical software, the use of informal, natural language leaves corner cases unaddressed. We introduce Catala, a new programming language that we specifically designed to allow a straightforward and systematic translation of statutory law into an executable implementation. Notably, Catala makes it natural and easy to express the general case / exceptions logic that permeates statutory law. Catala aims to bring together lawyers and programmers through a shared medium, which together they can understand, edit and evolve, bridging a gap that too often results in dramatically incorrect implementations of the law. We have implemented a compiler for Catala, and have proven the correctness of its core compilation steps using the F* proof assistant. We evaluate Catala on several legal texts that are algorithms in disguise, notably section 121 of the US federal income tax and the byzantine French family benefits; in doing so, we uncover a bug in the official implementation of the French benefits. We observe as a consequence of the formalization process that using Catala enables rich interactions between lawyers and programmers, leading to a greater understanding of the original legislative intent, while producing a correct-by-construction executable specification reusable by the greater software ecosystem. Doing so, Catala increases trust in legal institutions, and mitigates the risk of societal damage due to incorrect implementations of the law.
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Coe, Douglas. "Computer Software Reviews. Henry's Law Constant Program." Journal of Chemical Information and Modeling 35, no. 1 (January 1, 1995): 168–69. http://dx.doi.org/10.1021/ci00023a600.
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Abate, Mark J. "Patentability of Computer Software under U.S. Law." Journal of World Intellectual Property 3, no. 5 (November 1, 2005): 697–704. http://dx.doi.org/10.1111/j.1747-1796.2000.tb00149.x.
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Schmitt, Michael N. "Computer Network Attack: The Normative Software." Yearbook of International Humanitarian Law 4 (December 2001): 53–85. http://dx.doi.org/10.1017/s1389135900000829.
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As the United States, assisted by a number of its allies, continues to mount asymmetrical attacks against terrorists and their supporters, the centrality of technology to ‘future war’ is becoming increasingly apparent. In a matter of months, US Forces successfully routed, with almost no hostile fire casualties, a battle-hardened and ruthless adversary in a combat environment that frustrated the potent Soviet army for a decade. Operation ENDURING FREEDOM follows close on the heels of Operation ALLIED FORCE, the 1999 NATO campaign that defeated, without friendly casualties, the Yugoslav military. In that conflict, as in the most recent one, exploitation of technological wherewithal proved a decisive factor in determining the victor.
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Gong, Yiwei, and Marijn Janssen. "From Software-Based To Knowledge-Based Policy Implementation and Compliance." International Journal of Public Administration in the Digital Age 1, no. 1 (January 2014): 108–27. http://dx.doi.org/10.4018/ijpada.2014010107.
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Law-making is inextricably bound up with the developments of e-government. Yet translating legislation into administrative processes and services has been extremely complex, taking a long time and involving many manual tasks. This problem is further complicated by the increasing amount of legislation and the frequent changes of legislation. Recent technology innovations enable a shift from implementation and maintenance of e-government services by software configuration and engineering towards implementation and maintenance based on knowledge representation. Despite the many benefits such as faster, cheaper and easier implementation, adoption has been limited. In this paper we describe these developments and compare software-based with knowledge-based implementation and maintenance. Based on a case study, we identify success factors and challenges from moving towards knowledge-based implementation and maintenance in the aspects of motivation, architecture, technique, expertise and finance.
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Samuelson, Pamela. "Software compatibility and the law." Communications of the ACM 38, no. 8 (August 1995): 15–22. http://dx.doi.org/10.1145/208344.208373.
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Bundy, A., and H. MacQueen. "The New Software Copyright Law." Computer Journal 37, no. 2 (January 1, 1994): 79–82. http://dx.doi.org/10.1093/comjnl/37.2.79.
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Thorne, Clive D. "Copyright legislation." Computer Law & Security Review 3, no. 4 (November 1987): 12. http://dx.doi.org/10.1016/0267-3649(87)90053-7.
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Sterling, J. A. L. "Legislation update." Computer Law & Security Review 4, no. 1 (May 1988): 42–43. http://dx.doi.org/10.1016/0267-3649(88)90103-3.
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Sterling, J. A. L. "Copyright legislation." Computer Law & Security Review 3, no. 5 (January 1988): 2–9. http://dx.doi.org/10.1016/0267-3649(88)90106-9.
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Bar-Sela, Yoram. "Computer Legislation in Israel: A Proposal Being Developed by the Ministry of Justice." Israel Law Review 21, no. 1 (1986): 58–63. http://dx.doi.org/10.1017/s002122370000889x.
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It is an indisputable fact that since the 1950's, the computer has assumed so central a place in our society that it is already difficult to visualize our society living and functioning without its assistance. And from the earliest period of the computer's development, it has been clear that this major addition to our society presents the legal world with new legal problems. Another aspect of this phenomenon is that as it became increasingly clear that the legal world was going to have to cope with these new problems, our legal community tended to produce more questions than answers.
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Hancock, Bill. "New internet legislation attempts in the US." Computers & Security 18, no. 4 (January 1999): 282. http://dx.doi.org/10.1016/s0167-4048(99)90699-5.
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Bainbridge, David I. "The Copyright (Computer Software) Amendment Act (1985)*." Modern Law Review 49, no. 2 (March 1986): 214–24. http://dx.doi.org/10.1111/j.1468-2230.1986.tb01685.x.
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Gemignani, Michael. "Copyright Law as It Applies to Computer Software." College Mathematics Journal 20, no. 4 (September 1989): 332. http://dx.doi.org/10.2307/2686858.
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Gemignani, Michael. "Copyright Law As It Applies to Computer Software." College Mathematics Journal 20, no. 4 (September 1989): 332–38. http://dx.doi.org/10.1080/07468342.1989.11973255.
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Frow, J. "Repetition and Limitation: Computer Software and Copyright Law." Screen 29, no. 1 (March 1, 1988): 4–21. http://dx.doi.org/10.1093/screen/29.1.4.
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Conley, John M., and Robert M. Bryan. "A survey of computer crime legislation in the United States." Information & Communications Technology Law 8, no. 1 (March 1999): 35–57. http://dx.doi.org/10.1080/13600834.1999.9965797.
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Kimball, Mary C. "Central computer facility software directory." Computers & Security 7, no. 5 (October 1988): 515. http://dx.doi.org/10.1016/0167-4048(88)90244-1.
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Collinson, Helen. "What's copyrightable in computer software?" Computers & Security 14, no. 2 (January 1995): 118. http://dx.doi.org/10.1016/0167-4048(95)90057-8.
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BloomBecker, J. J. Buck. "US computer security legislation H.R. 145: A step toward greater computer security?" Computer Law & Security Review 3, no. 5 (January 1988): 30–31. http://dx.doi.org/10.1016/0267-3649(88)90115-x.
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Loiacono, Eleanor T., and Soussan Djamasbi. "Corporate website accessibility: does legislation matter?" Universal Access in the Information Society 12, no. 1 (December 3, 2011): 115–24. http://dx.doi.org/10.1007/s10209-011-0269-1.
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Harris, Matthew R. "Copyright, Computer Software, and Work Made for Hire." Michigan Law Review 89, no. 3 (December 1990): 661. http://dx.doi.org/10.2307/1289387.
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Rees, Frank. "Software firms are testing Australian law." Computer Fraud & Security 1997, no. 7 (July 1997): 19. http://dx.doi.org/10.1016/s1361-3723(97)89551-6.
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Carvalho, João Vidal, Sandro Carvalho, and Álvaro Rocha. "European strategy and legislation for cybersecurity: implications for Portugal." Cluster Computing 23, no. 3 (January 22, 2020): 1845–54. http://dx.doi.org/10.1007/s10586-020-03052-y.
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Wehlau, Andreas. "Software protection under European community law." Information & Communications Technology Law 2, no. 1 (January 1993): 3–19. http://dx.doi.org/10.1080/13600834.1993.9965665.
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