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Journal articles on the topic 'Digital content regulation'
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1
Starks, Michael John. "Digital Convergence and Content Regulation." Convergent Television(s) 3, no. 6 (December 24, 2014): 125. http://dx.doi.org/10.18146/2213-0969.2014.jethc075.
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Distribution systems for broadcasting, Press and Internet journalism are converging: the same infrastructure can deliver all three historically separate services. Reception devices mirror this: the Connected TV, the tablet and the smart phone overlap in their functionality. Service overlaps are evident too, with broadcasters providing online and on-demand services and newspapers developing electronic versions. Does this mean that media regulation policies must converge too? My argument is that they should, though only where historically different communications are now fulfilling a similar function, e.g. broadcaster online services and electronic versions of newspapers. Convergence requires a degree of harmonisation and, to this end, I advocate a review of UK broadcasting’s ‘due impartiality’ requirement and of the UK’s application of the public service concept. I also argue for independent self-regulation (rather than state-based regulation) of non-public-service broadcasting journalism. These proposals are UK-specific since, given the regulatory and cultural differences between countries, detailed policy changes are likely to be determined mainly at national level, but I note the wider European context. Moreover, the underlying principle is relevant internationally: as freedom of entry into the non-public service sector of broadcast and online journalism becomes closer to the historically much greater freedom of entry into the Press, so the regulation of freedom of expression in these converging fields should become more consistent – and, I would argue, less state-based.
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Shalin, A. P. "Content security and Content regulation." Alma mater. Vestnik Vysshey Shkoly, no. 4 (April 2021): 110–18. http://dx.doi.org/10.20339/am.04-21.110.
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Discussed is the growing influence of the Internet and social networks on modern society and the formation of a young person’s personality. Due to the development of digital and telecommunication technologies, the number of treats and crimes in this field has been increasing. Thus, the problem of content security and violent content faced by the state and society has never been as acute as in recent years. The article discusses the existing content management systems and their features and briefly describes the activity of the Federal service for supervision of oommunication and information technology Roskomnadzor, as well as its successes and shortcomings. It also describes steps taken by the state in the field of content management and provides examples of existing regulations in the Russian Federation. The article discusses the role of social welfare organizations in the creation of safe cyberspace. It lists public organizations that existed in Russia and were involved in content management and security activities. With the abundance of violent content, some of results obtained by these organizations and solutions they use can be reused to develop a secure virtual environment today.
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Han, Dong. "From vagueness to clarity? Articulating legal criteria of digital content regulation in China." Global Media and Communication 12, no. 3 (November 2, 2016): 211–27. http://dx.doi.org/10.1177/1742766516675495.
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This research examines China’s laws and regulations on digital media content, which have developed and transformed along with the market-oriented media reform and Internet growth. It argues that there has been a continuous effort to articulate legal criteria of content regulation since the early 1980s. The body of laws regulating digital content today does not show across-the-board vagueness, but an ‘unbalanced’ development with elaborated rules in some legal areas, yet ambiguous stipulations in some others. The ‘vagueness’ of the law is part of the political and ideological ambiguity of China’s reform and development and will not be resolved independently of larger and more profound transformations of the Chinese state and society. The development of digital content laws in China can only make sense in specific historical contexts rather than by comparing against an idealized Western legal order.
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Stepanian, A. G. "DIGITAL REGULATION: DIGITALIZATION OR HUMANIZATION?" Courier of Kutafin Moscow State Law University (MSAL)), no. 4 (June 22, 2020): 114–20. http://dx.doi.org/10.17803/2311-5998.2020.68.4.114-120.
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Aspects of the application of digital technologies are examined, in particular, their impact on human rights. The current content of digital technology law is analyzed in terms of the real possibility of realizing the rights and freedoms of man and citizen, including in complex information systems. The conclusion is drawn on the need to analyze the application of technology with a view to achieving a balance of possible benefi ts for society and potential violations of human rights, as well as taking measures to regulate such use, in particular, documentation. Thus, it is possible to leave the possibility of real realization of human rights.
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Kaczmarek-Templin, Berenika. "Unclear Status of Digital Content in Polish Consumer Rights Regulation." Masaryk University Journal of Law and Technology 9, no. 2 (September 30, 2015): 85–93. http://dx.doi.org/10.5817/mujlt2015-2-5.
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This paper aims to focus on the influence of the new consumer rights directive (2011/83/UE) on polish law. Till now there was not any regulation of electronic commerce, which deals with digital content, although music, movie and book single sales are mostly digital downloads. Regarding to polish Civil Code and the other acts, it has never been defined what the digital content is, it has never been resolved weather it is the product or the service.
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Alvarez, Clara Luz. "Rethinking Must-Carry and Retransmission Consent Regulation in the Digital Era." Law, State and Telecommunications Review 12, no. 1 (March 16, 2020): 9–57. http://dx.doi.org/10.26512/lstr.v12i1.24914.
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The emergence of new technological platforms to access online services and content have transformed the media landscape dramatically. They require policymakers to reexamine the decades-old regulations traditionally addressed to broadcasters and telecommunications providers. Must-carry, retransmission consent, and “carry one, carry all” rules in particular require reconsideration, if not reform.
Must-carry regulation mandates cable and satellite pay TV providers to retransmit free-to-air broadcast programming. Such regulations have been adopted around the world, including the United States, Mexico, and France, the subjects of this article. Policymakers in these three countries have offered a variety of justifications for such rules, including the promotion of competition, local news and content, viewers´ rights, and content diversity.
Recent data and case law, however, strongly suggest that emergent platforms to access online services and content undermine the standing justifications for must-carry, retransmission, and “carry one, carry all” rules.
This Article argues that policymakers should consider other regulatory mechanisms to achieve the original reasons for such rules. The dramatic increase in the variety of devices (e.g., TV, tablet, mobile phones, smart TVs), service and content distributors (e.g., free-to-air TV, cable TV, internet), and service providers (e.g., broadcasters and “over-the-top” internet providers) strongly suggests that policymakers must reconsider the current approach. But any amendment to current regulation will depend on internet penetration and access to new video distribution platforms in a given geographic area. That is, without internet access, free-to-air TV might continue to be an important platform for service and content distribution.
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Koukal, Pavel. "Digital Content Portability and its Relation to Conformity with the Contract." Masaryk University Journal of Law and Technology 15, no. 1 (June 30, 2021): 53–84. http://dx.doi.org/10.5817/mujlt2021-1-3.
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In this paper the author analyses the possible convergences and divergences of two current legislative proposals of the European Commission: the Portability Regulation and the Digital Content Directive. Both proposals address the issue of access to digital content from different perspectives and complement each other, although they use different legal terminology and in some respects have a different scope of application in the question of cross-border portability of the digital content provided for monetary counter performance to consumers. The Portability Regulation focuses on the cross-border portability of digital content [Art. 3 (1) Portability Regulation), while the Digital Content Directive specifies the consumer rights related to the distribution of digital content and subsumes the accessibility of digital content under the concept of “conformity of the digital content with the contract” [Art. 6 (1), (2) Digital Content Directive). The author aims to answer whether a consumer who is not allowed to use the digital content in EU Member States besides the Member State of his residence will be entitled to pursue claims arising from the non-conformity of the digital content with the contract.
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Flew, Terry, Fiona Martin, and Nicolas Suzor. "Internet regulation as media policy: Rethinking the question of digital communication platform governance." Journal of Digital Media & Policy 10, no. 1 (March 1, 2019): 33–50. http://dx.doi.org/10.1386/jdmp.10.1.33_1.
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This article identifies the current global ‘techlash’ towards the major digital and social media platforms as providing the context for a renewed debate about whether these digital platform companies are effectively media companies (publishers and broadcasters of media content), and implications this has for twenty-first-century media policy. It identifies content moderation as a critical site around which such debates are being played out, and considers the challenges arising as national and regionally based regulatory options are considered for digital platforms that are ‘born global’. It considers the shifting balance between the ‘social contract’ of public interest obligations and democratic rights of free speech and freedom of expression.
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Okah-Avae, Tobore Obrozie, and Benjamin Mukoro. "Constructing a tax regime for the regulation of trade in digital content." Journal of International Trade Law and Policy 19, no. 3 (November 11, 2020): 121–38. http://dx.doi.org/10.1108/jitlp-03-2020-0021.
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Purpose The paper aims to consider how a country like Nigeria, with an underdeveloped tax system, can adapt its tax generation mechanisms to meet the challenges of digital commerce in the 21st century. Design/methodology/approach The paper adopts a doctrinal approach. Findings The paper recommends measures that could be adopted to enhance the efficiency of the current tax systems, to allow it to take advantage of opportunities presented by digital transactions. Originality/value To the best the authors’ knowledge, this paper is the first of its kind to consider the taxation of digital transactions in the Nigerian context.
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Rad, Dana, Daniel Dixon, and Gavril Rad. "Digital Outing Confidence as a Mediator in the Digital Behavior Regulation and Internet Content Awareness Relationship." BRAIN. BROAD RESEARCH IN ARTIFICIAL INTELLIGENCE AND NEUROSCIENCE 11, no. 1 (March 17, 2020): 84–95. http://dx.doi.org/10.18662/brain/11.1/16.
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Akopyan, A. R., A. M. Arakelyan, Yu V. Vorontsova, and V. V. Krysov. "Evaluation of approaches to the regulation of digital film distribution." Vestnik Universiteta, no. 4 (June 5, 2021): 32–36. http://dx.doi.org/10.26425/1816-4277-2021-4-32-36.
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The article considers approaches to the state regulation of digital film distribution, evaluates them. The paper generalizes them in the form of proposals for anti-piracy regulation, promotion of original content of online cinemas in international markets, as well as for effective interaction of online cinemas with the Ministry of Culture and the Cinema Foundation. This will resolve the issue of serious competition to traditional cinemas, since the viewer has the opportunity to watch their favorite films without leaving home, and also related to the start of work on their own exclusive content of a large number of digital platforms. The state obliges digital platforms to provide information about the number of views of their content in a single automated information system. This information helps to assess the effectiveness of budget support for cinema, since there are examples of films that did not collect a large box office at the box office but were able to gain more than one million views on the Internet.
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Mutua, Sylvia Ndanu, and Zhang Yanqiu. "Regulating online content in East Africa: Potential challenges and possible solutions." Journal of African Media Studies 12, no. 3 (September 1, 2020): 319–34. http://dx.doi.org/10.1386/jams_00027_1.
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This article identifies the key but common challenges in the regulation of online content in Kenya, Uganda and Tanzania in East Africa (EA), both in terms of the regulatory challenges and the controversies surrounding government legislative responses to curbing illegal and harmful online content. To address these challenges, the article proposes the incorporation of digital literacy into the existing cyber legislations through content regulation and digital literacy, a new concept geared towards empowering the internet users in EA to be not only aware of the existing content legislation but also develop critical thinking skills and abilities to take action on illegal and harmful online content on a daily basis.
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Papaskua, G. T. "Transformation of the Financial Law Method in Conditions of Digitalization of Economy." Actual Problems of Russian Law 16, no. 3 (April 5, 2021): 36–44. http://dx.doi.org/10.17803/1994-1471.2021.124.3.036-044.
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The paper examines the influence of digitalization on the method of financial law. The recent widespread introduction of new digital technologies leads to a change in the internal essence of the processes of influencing public relations, to the expansion and transformation of ways of influencing the behavior of participants of such relationships. By supplementing traditional ways of legal regulation by technical means of ensuring their implementation, the State increases the effectiveness of the mechanism of legal regulation. Digital technologies provide law with the possibility of regulating public relations in fundamentally new ways, expanding the variability of the tools of the method of financial law. This also causes increased discretion (dispositivity) in the process of regulating financial relations. Digital technologies also contribute to the regulation of cross-border relations, in particular information exchange between different jurisdictions. The author believes that the trends discussed in the paper will only increase, leading to a change in the content of the method of financial law.
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Wilding, Derek. "Regulating News and Disinformation on Digital Platforms." Journal of Telecommunications and the Digital Economy 9, no. 2 (June 29, 2021): 11–46. http://dx.doi.org/10.18080/jtde.v9n2.415.
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In February 2021 two initiatives for regulating digital platforms in Australia were implemented. The News Media Bargaining Code (“News Code”) attracted international attention as a legislative means of forcing platforms to pay for news content, while the Australian Voluntary Disinformation and Misinformation Code (“Disinformation Code”) was modelled on an international initiative. Both were developed to meet Government policy formulated in response to Australia’s Digital Platforms Inquiry. Whereas the Inquiry recommended the use of co-regulation, Government policy switched to voluntary codes for both, then to a legislative scheme for the News Code. This article examines the schemes and critiques the policy on which they are based. It applies a conceptual framework to assess the optimum conditions for the use of co-regulation and self-regulation. It finds that a self-regulatory scheme of voluntary codes was never a suitable approach for the News Code, and that the close involvement of the regulator on the Disinformation Code — without a suitable remit or enforcement powers — distorts the self-regulatory model. This can in part be explained by the failure to address well-recognised flaws in the co-regulatory framework for telecommunications and broadcasting, the consequences of which are now being seen in attempts to regulate digital platforms.
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Baoill, Andrew Ó. "Regulation, Awareness, Empowerment: Young People and Harmful Media Content in the Digital Age." Journal of International Communication 17, no. 1 (April 2011): 85–87. http://dx.doi.org/10.1080/13216597.2011.556086.
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Pugacheva, Anna, Marseille Hakimullin, Marat Badrutdinov, Svetlana Kashina, and Aleksandr Lunev. "Civil law regulation of investments in the digital infrastructure of the construction industry." E3S Web of Conferences 274 (2021): 06004. http://dx.doi.org/10.1051/e3sconf/202127406004.
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Civil law regulation of investments combines regulations from different industry sectors and is characterized by its complexity. An efficient type of investment in the digital infrastructure of the construction industry is a financial lease. The purpose of the study is to characterize the civil law regulation of a financial lease. The methodological basis was the technical and legal method that ensures the effectiveness of the analysis of civil law regulation of a financial lease, the adequacy of the assessment of concepts and legal structures. The following results of the study have been obtained: the content of the international financial leasing transaction and the essence of a financial lease in Russia have been determined; particular aspects of the implementation of the UNIDROIT Convention in Russia have been identified. The content of the international financial leasing transaction reflects a threeway process with the participation of the equipment seller, lessor and lessee, who are linked by a supply contract and a lease contract. In Russian legislation, the term «financial lease» is used. The essence of a financial lease reflects both a lease contract with elements of sale in conjunction with the purchase option and the type of secured financing. Particular aspects of the implementation of the UNIDROIT Convention in Russia are due to different terminology and are associated with cross-border leasing. A draft federal law is undergoing a regulatory impact assessment, which provides for the introduction of a financial lease concept. Civil law regulation of leasing relations will ensure the effectiveness of attracting investments in order to improve the digital infrastructure of the construction industry.
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Safonova, Natalia A. "Incorporation of Anti-Corruption Digital Content into Engineering Education." ITM Web of Conferences 35 (2020): 01013. http://dx.doi.org/10.1051/itmconf/20203501013.
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Vocational education of a modern person is a comprehensive acquisition of knowledge not only in the field of a future specialty but also in the field of anti-corruption norms and rules that extend their effect to the field of activity of a future engineer. The requirements for the level and quality of modern vocational education determine the objectives of modern vocational education in professional educational institutions of higher education. The effective use in the educational process of the achievements of modern digital technologies in the study of non-core disciplines is a prerequisite for the formation of a professionally-oriented personality, with a high level of anti-corruption legal consciousness. The subject of the study was the capabilities of modern technical means for transmitting the studied information of anti-corruption content to the student, the prospects for the development of their use in studying the provisions of the legislation on anti-corruption regulation in the Russian Federation. The method of this study was – the analysis of the modern digital environment of the educational process.
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Devasar, Nitasha. "Indian Language Content and Publishing Today." Logos 30, no. 1 (June 6, 2019): 7–11. http://dx.doi.org/10.1163/18784712-03001002.
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The demand for online content in Indian languages (IL) is growing faster than for that in English. The proliferation of cheap smartphones with Indic keyboards and high-speed connectivity is feeding this trend. Moreover, there is increasing formal and informal collaboration between English and IL publishers to make educational and literary content available in regional languages. This currently is not financially viable or scalable and follows the logic of the print (rather than digital) economy. The government is focused on online content delivery as part of a larger Digital India programme. In the absence of IL content in the higher education arena, it must work with private players to develop quality technical and scientific content. Indian-language publishers need to be included in this process via training and incentives, since they have regional networks for effective outreach with this content. The biggest role of the government, however, is in the arena of regulation with the updating and implementation of intellectual property (IP) and copyright laws that need to extend to digital content; as well as in creating an environment where quality educational content is incentivized.
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Сергеев, Леонид, and Анна Юданова. "ЦИФРОВЫЕ СЕРВИСЫ НАЛОГОВО-БЮДЖЕТНОГО РЕГУЛИРОВАНИЯ." Baltic Economic Journal 2, no. 30 (June 20, 2020): 102–16. http://dx.doi.org/10.46845/2073-3364-2020-2-30-102-116.
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The theoretical provisions of the structure and content of the digital budget form are considered. The article summarizes the factors of expanding opportunities for improving the efficiency of tax and budget regulation based on the use of digital platform technologies. The possibilities of existing digital services of Rosminfin, the Federal tax service and the Federal Treasury are analyzed. Proposals for further development of the digitalization architecture in the processes of tax and budget regulation are given.
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Lewis, Dave, and Joss Moorkens. "A Rights-Based Approach to Trustworthy AI in Social Media." Social Media + Society 6, no. 3 (July 2020): 205630512095467. http://dx.doi.org/10.1177/2056305120954672.
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Social media platforms increasingly use powerful artificial intelligence (AI) that are fed by the vast flows of digital content that may be used to analyze user behavior, mental state, and physical context. New forms of AI-generated content and AI-driven virtual agents present new forms of risks in social media use, the harm of which will be difficult to predict. Delivering trustworthy social media will therefore be increasingly predicated on effectively governing the trustworthiness of its AI components. In this article, we examine different approaches to the governance AI and the Big Data processing that drives it being explored. We identify a potential over-reliance on individual rights at the expense of consideration of collective rights. In response, we propose a collective approach to AI data governance grounded in a legal proposal for universal, non-exclusive data ownership right. We use the Institutional Analysis and Development (IAD) framework to explore the relative costs and benefits on stakeholders in two use cases, one focused on digital content consumers the other focused on digital content knowledge workers. Following an analysis that looks at self-regulation and industry-state co-regulation, we propose governance through shared data ownership. In this way, future social media platforms may be able to maintain trust in their use of AI by committing to no datafication without representation.
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Kostic, Zorana. "Review: Regulation, Awareness, Empowerment: Young People and Harmful Media Content in the Digital Age." Media International Australia 127, no. 1 (May 2008): 186–87. http://dx.doi.org/10.1177/1329878x0812700124.
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Lucchi, Nicola. "Internet–Based Communication: Rights, Risks and Opportunities." European Journal of Risk Regulation 6, no. 1 (March 2015): 121–28. http://dx.doi.org/10.1017/s1867299x00004347.
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The aim of this paper is to recognize and discuss the inherent risks associated with Internet regulation and control over digital content. The key point of this analysis is that Internet regulation can present human rights risks. In particular, the paper examines how restrictions over Internet content are posing regulatory issues directly related to the growing importance of an equitable access to digital information. It also considers the relevance and impact of computer–mediated communication, its potential on democratization of freedom of expression and the problem of conflicting rights. Drawing upon comparative and case study material, the paper finally discusses and investigates the potential risks and vulnerabilities related to communication technologies focusing on legislative reforms in the area of digital communications and their implications for fundamental freedoms.
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Rowbottom, Jacob. "TO RANT, VENT AND CONVERSE: PROTECTING LOW LEVEL DIGITAL SPEECH." Cambridge Law Journal 71, no. 2 (June 15, 2012): 355–83. http://dx.doi.org/10.1017/s0008197312000529.
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AbstractSeveral recent cases have highlighted the range of legal controls that can be applied to expression on social networks and other amateur digital content. This article identifies three trends in the regulation of digital communications. First, such communications are subject to a wide range of laws, including those primarily regulating the mass media, public order and targeted communications. Second, the persistence and searchability of digital messages make such communications more likely to come to the attention of litigators and prosecutors. Thirdly, that the established approach to freedom of expression under Article 10 of the ECHR tends to protect speech that is deemed to be of “high value”, and therefore does little to protect much internet content. This article calls for some greater protection to be afforded to communications that are casual and amateur. The freedom to converse outlined in this article does not call for absolute protection, but seeks to ensure that any controls on expression are proportionate. In particular, alternatives to the criminal law are considered.
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Аryamov, A. A., E. O. Rueva, and A. A. Chigak. "Digital Rights – New Horizons or a Legal Impasse." Pravosudie / Justice 2, no. 1 (March 19, 2020): 131–49. http://dx.doi.org/10.37399/issn2686-9241.2020.1.131-149.
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Introduction. 2019 in the domestic legal space is positioned as a period of global legal reform, as a breakthrough in the regulatory regulation of promising public relations. The instrument of regulation of the functioning of the “digital society” is declared to be the institution of “digital law” introduced into legal circulation (doctrinal, law enforcement...). Is this reform really a legal revolution (as it is presented in scientific periodicals) or a “cosmetic repair” of the building of domestic private law, which is in disrepair? Theoretical Basis. Methods. The study conducted by the authors is based on domestic doctrinal sources that reveal the content and specifics of regulatory regulation of digital assets turnover, as well as on the theoretical developments of foreign lawyers and economists devoted to the nuances of legal regulation of the issue and turnover of cryptocurrency. In this article the authors on the basis of systematic, logical and legal analysis of national normative material, but also on the basis of the comparative study the best foreign experience of legal regulation of the turnover of digital assets reviewed current reform of the national civil and investment law occurring as a result of adoption of Federal law No. 34-FZ of March 18, 2019 and No. 259-FZ of August 2, 2019, which entered into legal turnover of the new concept of “digital law”. First of all, doctrinal sources – the works of foreign lawyers specializing in the study of problems of regulation of cryptocurrency turnover-are subjected to comparative analysis. Results. The scientific analysis Carried out by the authors allowed to reveal serious gaps and conflicts in the Russian law, and also to define perspective directions of development of legal regulation of turnover of digital assets. The reform of the domestic civil and investment law, which consists in the introduction of a new Institute of “digital rights” into legal circulation, has not generally achieved the declared goals and scientific expectations. At its core, the analyzed reform, declared as a breakthrough of domestic jurisprudence, the consolidation of a new type of civil law objects-digital rights, and the construction on their basis of revolutionary principles of investment in the Russian economy, is only a unification of traditional legal material; moreover, the unification is unsuccessful, conflicting with a large volume of regulations both in the field of investment law and in the field of information law. Discussion and Conclusion. This article demonstrates the analysis of the new legal concept of “digital rights” and their turnover in the context of their private legal regulation and public legal protection, determining their place and role in the system of domestic law in General; these issues have not yet been the subject of scientific analysis in domestic jurisprudence. The method of solving the identified problems proposed by the authors-basing the methodology of legal regulation of digital assets turnover on the principle of anonymity of one of the participants of the regulated relationship, by analogy with the electoral law (and refusal of attempts of total control over the specified activities of these subjects), is new for both domestic and foreign jurisprudence. The main attraction for users of information and telecommunication databases, is based on the phenomenon of blockchain (in addition to guarantee absolute consistency of building structures) is the ability to ensure anonymity of certain subjects of these relations; this is an objective reality, the attempt of the legislator to ban or ignore this trend is doomed to ineffectiveness; the state should take these “rules of the game” and build their policies in this segment of public relations with them.
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Аryamov, A. A., E. O. Rueva, and A. A. Chigak. "Digital Rights – New Horizons or a Legal Impasse." Pravosudie / Justice 2, no. 1 (March 19, 2020): 131–49. http://dx.doi.org/10.37399/issn2686-9241.2020.1.131-149.
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Introduction. 2019 in the domestic legal space is positioned as a period of global legal reform, as a breakthrough in the regulatory regulation of promising public relations. The instrument of regulation of the functioning of the “digital society” is declared to be the institution of “digital law” introduced into legal circulation (doctrinal, law enforcement...). Is this reform really a legal revolution (as it is presented in scientific periodicals) or a “cosmetic repair” of the building of domestic private law, which is in disrepair? Theoretical Basis. Methods. The study conducted by the authors is based on domestic doctrinal sources that reveal the content and specifics of regulatory regulation of digital assets turnover, as well as on the theoretical developments of foreign lawyers and economists devoted to the nuances of legal regulation of the issue and turnover of cryptocurrency. In this article the authors on the basis of systematic, logical and legal analysis of national normative material, but also on the basis of the comparative study the best foreign experience of legal regulation of the turnover of digital assets reviewed current reform of the national civil and investment law occurring as a result of adoption of Federal law No. 34-FZ of March 18, 2019 and No. 259-FZ of August 2, 2019, which entered into legal turnover of the new concept of “digital law”. First of all, doctrinal sources – the works of foreign lawyers specializing in the study of problems of regulation of cryptocurrency turnover-are subjected to comparative analysis. Results. The scientific analysis Carried out by the authors allowed to reveal serious gaps and conflicts in the Russian law, and also to define perspective directions of development of legal regulation of turnover of digital assets. The reform of the domestic civil and investment law, which consists in the introduction of a new Institute of “digital rights” into legal circulation, has not generally achieved the declared goals and scientific expectations. At its core, the analyzed reform, declared as a breakthrough of domestic jurisprudence, the consolidation of a new type of civil law objects-digital rights, and the construction on their basis of revolutionary principles of investment in the Russian economy, is only a unification of traditional legal material; moreover, the unification is unsuccessful, conflicting with a large volume of regulations both in the field of investment law and in the field of information law. Discussion and Conclusion. This article demonstrates the analysis of the new legal concept of “digital rights” and their turnover in the context of their private legal regulation and public legal protection, determining their place and role in the system of domestic law in General; these issues have not yet been the subject of scientific analysis in domestic jurisprudence. The method of solving the identified problems proposed by the authors-basing the methodology of legal regulation of digital assets turnover on the principle of anonymity of one of the participants of the regulated relationship, by analogy with the electoral law (and refusal of attempts of total control over the specified activities of these subjects), is new for both domestic and foreign jurisprudence. The main attraction for users of information and telecommunication databases, is based on the phenomenon of blockchain (in addition to guarantee absolute consistency of building structures) is the ability to ensure anonymity of certain subjects of these relations; this is an objective reality, the attempt of the legislator to ban or ignore this trend is doomed to ineffectiveness; the state should take these “rules of the game” and build their policies in this segment of public relations with them.
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Akhmadzoda, N. S. "Foreign Experience of State Activities in the Digital Environment." World of Economics and Management 21, no. 1 (2021): 104–18. http://dx.doi.org/10.25205/2542-0429-2021-21-1-104-118.
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The article considers the issues of state regulation of investment activity in the digital environment using the example of the USA, the European Union, Japan and the BRICS countries. In the era of computers and high technologies, the digital economy affects all spheres of life: healthcare, education, Internet banking, and government. The digital economy is developing in all highly developed countries, including Russia. Currently, the concepts of the formation and development of the digital economy in modern developed countries are defined differently. The main problems in regulating relations related to the development of the digital economy are identified both at the level of legislative acts and at the level of by-laws; in strategic documents at the national level. The purpose of this article is to study the foreign experience of state regulation of investments in the digital economy. The theoretical and methodological basis of this article was the research of Russian and foreign scientists studying the content and forms of state regulation of the investment process, expert and analytical materials of public servants, materials of scientific conferences and seminars. A database for substantiating conceptual provisions: information materials of the Federal State Statistics Service of the Russian Federation and its regional bodies, a number of research institutes, analytical materials of Russian and foreign financial institutions, regulatory legal acts and official materials of federal and regional authorities. In the process of the study, methods of logical, statistical and system analysis, methods of modeling and expert evaluation were used.
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Parks, Lisa. "Dirty Data: Content Moderation, Regulatory Outsourcing, and The Cleaners." Film Quarterly 73, no. 1 (2019): 11–18. http://dx.doi.org/10.1525/fq.2019.73.1.11.
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Longtime FQ Editorial Board member and 2018 MacArthur Fellow Lisa Parks charts the shift in critical focus from the potential of social media platforms to unite people around progressive causes to the need for “content moderation,” the practice of cleaning up digital pollution. Parks centers her analysis on The Cleaners (2018), Moritz Riesewieck and Hans Block's provocative documentary that delves into the lives and worlds of commercial content moderators at an unnamed company in the Philippines. The film's account of these digital-labor conditions prompts Parks' critical reflection on a series of issues: the delegation of U.S. media regulation to globally outsourced workers, the problematic trope of “cleaning,” the business of historical sanitization, and the black-boxing of infrastructural information.
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Huang, XianRong, and Ting Hao. "System of digital publishing policies and regulations in China." Library Hi Tech 32, no. 3 (September 9, 2014): 397–408. http://dx.doi.org/10.1108/lht-06-2013-0082.
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Purpose – The purpose of this paper is to find the problems in the establishment of Chinese digital publishing policies and regulations system. Design/methodology/approach – The research is through analysis the digital publishing policies and regulations in China referring to digital publishing macro policies, e-book policies, digital music policies, network animated cartoon policies, network game policies, as well as through examining the legal system (law, administrative regulation, departmental rules, judicial interpretation) in China. Findings – The paper concludes that the framework of this system should contain three layers, and Chinese digital publishing policies and regulations system will continue to be improved and digital publishing market will be standardized operation. The digital publishing industry policies, digital publishing resource policies, digital technology policies, copyright policies and personnel training policies need for further investigation and research. Research limitations/implications – Because of the coverage of digital publishing industry is so wide, the policies and regulations which the paper analyzed were not so comprehensive. Practical implications – It can help the Chinese government make more comprehensive and rational policies and regulations for digital publishing industry and ensure the sustainable development of digital publishing industry. Social implications – The sound of digital publishing policies and regulations system could create a regular and healthful environment for social community participating spiritual creating and sharing. Originality/value – The paper proposes that the government should first make clear the basic objectives of the digital publishing policies and regulations system in China and then determine the content of the system. It has a positive significance to promote the establishment the system of policies and regulations in China and can ensure the sustainable development of digital publishing industry.
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Olena, HONCHARENKO. "ETHICAL CODES OF CONDUCT FOR THE DIGITAL ECONOMY ENTITIES: THE LEGAL ASPECT." Foreign trade: economics, finance, law 117, no. 4 (September 10, 2021): 72–84. http://dx.doi.org/10.31617/zt.knute.2021(117)07.
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Background.The use of IT tools in the business sphere requires special legal regulation, given the excellent mechanism of consolidation from areas where the figure is not yet used or its use is quite limited. An important tool of regulatory self-regulation are codes of ethics in the digital economy, which only take into account certain features of digital transformations and are a universal trend of modern development of legal regulation of the economy in Ukraine and the world. Analysis of recent research and publications. The analysis of types, the content of ethical codes in the field of digital economy is not paid enough attention, which actualizes the purpose of this scientific article. The aim of the study is to determine the features of codes of ethics in the digital economy. Materials and methods. During the study, both general scientific and special methods of cognition were used: dialectical, systemic, synergetic, formal-logical, generalization, functional, comparative jurisprudence. The information base of the study was national legislation, EU directives, works of domestic and foreign scientists, codes of conduct of international IT companies. Results. The following types of codes of ethics (codes of professional ethics) depending on the subject, the subjects of their development and adoption in the digital economy are identified: codes of ethics in a particular area of the digital economy; codes of ethics of a separate professional community; codes of ethics (codes of professional ethics) of an individual business entity. Codes of ethics in a particular area of the digital economy are a collection of rules and standards of conduct developed by a community, an association of different professions, in order to develop common principles and policies in a particular market. Codes of ethics of a particular professional community are a collection of rules and standards of conduct that are developed by a particular community on a professional basis and that operate in the digital economy. Codes of ethics (codes of professional ethics) of an individual business entity are internal organizational documents of a specific business entity, an element of its foreign and domestic policy, which sets out the rules of activity for the company’s citizens, limits of liability, etc. Conclusion. It has been established that the digital economy is primarily an area that has emerged through self-regulation, so the development of regulationin the digital economy should be linked to the ethics of using the tools of digital transformation. It has been found that the self-regulation of the digital economy takes into account the flexibility of various tools, including codes of ethics. It is established that the structure and content of codes of ethics (codes of professional ethics) of each company is different. The content of such codes usually includes global trends of modern business requirements: sustainable development policy, respect for human rights, corporate social responsibility, compliance with anti-corruption, tax laws, etc., and special, which reflect the individual obligations of a particular company. Keywords: digital economy, code of ethics, code of professional ethics, business entity, sustainable development, business and human rights, corporate social responsibility, artificial intelligence.
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Klett, Elisabeth. "Theory, regulation and practice in Swedish digital records appraisal." Records Management Journal 29, no. 1/2 (March 11, 2019): 86–102. http://dx.doi.org/10.1108/rmj-09-2018-0027.
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Purpose Digital records appraisal and aspects of archival values in theory, regularization and practice are explored. This paper aims to reflect upon the appraisal process, responsibility and norms for value creation in a digitalized environment. The research question was how do appraisal theory, normative rules and appraisal practice meet the aims of values in digital archives? Design/methodology/approach The study triangulated appraisal theory, normative values and participants’ views about archival values in appraisal practice in a Swedish setting. Content analysis were used to explore normative documents and interviews. Appraisal theories of the Swedish Nils Nilsson and the Canadian Terry Cook were interpreted. The result was related to theories on public values, the nature of responsibility and relations between the state and citizens. Findings The results show influences between theory, norms and practice. Changes in norms and practice do not follow the development of digitalization. Responsibility is focused on tasks, which exposes risks of accountability control and knowledge of appraisal grounds. The paper concludes that access requirements and user needs may prompt change in appraisal processes. In the light of digitalization, “primary and secondary value” are merely a matter of use and usability in a time and space (continuum) perspective. Research limitations/implications This study is based in Sweden where extensive right of access to public records and default preservation are norm. Originality/value The result shows how allocated responsibilities impinge on a re-active digital appraisal process.
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Cavaliere, Paolo. "Digital platforms and the rise of global regulation of hate speech." Cambridge International Law Journal 8, no. 2 (December 2019): 282–304. http://dx.doi.org/10.4337/cilj.2019.02.06.
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The EU Code of Conduct on hate speech requires online platforms to set standards to regulate the blocking or removal of undesirable content. The standards chosen can be analysed for four variables: the scope of protection, the form of speech, the nature of harm, and the likelihood of harm. Comparing the platforms' terms of use against existing legal standards for hate speech reveals that the scope of speech that may be removed increases significantly under the Code's mechanism. Therefore, it is legitimate to consider the platforms as substantive regulators of speech. However, the Code is only the latest example in a global trend of platforms' activities affecting both the substantive regulation of speech and its governance. Meanwhile, States' authority to set standards of acceptable speech wanes.
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Hardy, Jonathan. "UK Television Policy and Regulation, 2000–10." Journal of British Cinema and Television 9, no. 4 (October 2012): 521–47. http://dx.doi.org/10.3366/jbctv.2012.0104.
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Between 2000 and 2010, new institutional arrangements were created for UK broadcasting regulation, built upon a radical rethinking of communications policy. This article examines key changes arising from Labour's media policy, the Communications Act 2003 and the work of Ofcom. It argues that changes within broadcasting were less radical than the accompanying rhetoric, and that contradictory tendencies set limits to dominant trends of marketisation and liberalisation. The article explores these tendencies by reviewing the key broadcasting policy issues of the decade including policies on the BBC, commercial public service and commercial broadcasting, spectrum and digital switchover, and new digital services. It assesses changes in the structural regulation of media ownership, the shift towards behavioural competition regulation, and the regulation of media content and commercial communications. In doing so, it explores policy rationales and arguments, and examines tensions and contradictions in the promotion of marketisation, the discourses of market failure, political interventions, and the professionalisation of policy-making.
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Banghart, Scott, Michael Etter, and Cynthia Stohl. "Organizational Boundary Regulation Through Social Media Policies." Management Communication Quarterly 32, no. 3 (April 2, 2018): 337–73. http://dx.doi.org/10.1177/0893318918766405.
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Digital ubiquity and penetration across spatio-temporal boundaries have exacerbated the need for a clearer understanding of where the boundaries of personal, professional, and public communication begin and end. Indeed, boundary specifications have become an iconic problematic for organizational control and employee communication in the age of social media. In response, corporations increasingly issue policies that aim to regulate when, where, how, and what employees communicate in online environments. We argue that these policies are forms of organizational boundary regulation. Drawing on a content analysis of 112 social media policies from the world’s largest corporations, we examine the boundary logics articulated in these policies to delineate corporate spheres of influence. Next, we show how boundary logics relate to directives for employee speech, self-expression, and relational engagement. We discuss how the boundary logic framework contributes to our understanding of the expansion of corporate control across multiple life domains in the digital age.
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Han, Dong. "Paid Posting in Chinese Cyberspace: Commodification and Regulation." Television & New Media 19, no. 2 (April 12, 2017): 95–111. http://dx.doi.org/10.1177/1527476417701994.
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This research examines paid online posting and its regulation in China. Profit-driven manipulation of online conversations, including paid posting and the so-called “dark public relations,” is a widespread problem on the Chinese Internet. Governmental regulation on paid posting, however, is ambiguous and inadequate. This research proposes a new approach to conceptualize paid posting. It argues that paid posting is a controversial form of content production that emerges in relation to market-oriented exploitation of the media as well as commodification of communicative labor in digital settings. On this basis, this research analyzes the law’s role in the installation of market relations in digital media. It argues that the ambiguous regulation of paid posting is part of a long-term problem that resulted from media policies that prioritize economic growth and political control over disruptive impacts of the market.
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Babushkin, Vladimir A. "LEGAL BASES OF CARRYING OUT CRIMINAL INTELLIGENCE AND SURVEILLANCE ANALYTICS ACTIVITIES BY INTERNAL AFFAIRS AGENCIES." Russian investigator 12 (December 17, 2020): 60–64. http://dx.doi.org/10.18572/1812-3783-2020-12-60-64.
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The article is devoted to topical issues of legislative regulation of the activities of internal affairs bodies in the field of operational-search analytics. The author examines the content and specifics of the activities of operational police units in this direction in the context of the development of operational-search legislation of the Russian Federation, taking into account the formation of an information society and a digital economy in the country.
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ANDRIYCHUK, Oles, and Viktor ANDRIYCHUK. "DIGITAL MARKETS ACT: A NEW PHILOSOPHY OF COMPETITION REGULATION IN THE EU." Economy of Ukraine 2021, no. 8 (August 25, 2021): 26–37. http://dx.doi.org/10.15407/economyukr.2021.08.026.
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The EU competition policy is on the verge of significant reform. The main provisions of the reform are set out in the draft legislative document, the Digital Markets Act, initiated by the European Commission. However, its content goes beyond this Act. The project is subject to detailed and multilateral discussion in the EU. In view of the direct link between the economies of the EU and Ukraine and the prospects of Ukraine’s membership in the EU, there is an ongoing general adaptation of Ukrainian legislation and technical regulations to EU requirements and standards. Naturally, this reform will soon become part of the harmonization process. Given the complexity and multifaceted nature of this reform, not only its coverage of legislation, but also changes in the modality of relations between competition authorities and the largest players in the digital economy, it is advisable to initiate such a discussion today while the bill is under development. With this in mind, as well as the general novelty of this process, the three main components of the reform are analyzed. The external preconditions that prompted the European Commission to take such innovative (and rather controversial) legislative steps are considered, and the context and driving forces are described. The main procedural elements of the bill are highlighted, the original formula of selection among the subjects of the digital economy exclusively of its largest system participants and imposing on them a wide range of obligations to protect and encourage competition in the EU digital markets is shown. The material side of the new responsibilities envisaged by the reform is described, the importance of its adoption or at least an in-depth analysis for Ukraine is emphasized.
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Flew, Terry, and Rosalie Gillett. "Platform policy: Evaluating different responses to the challenges of platform power." Journal of Digital Media & Policy 12, no. 2 (June 1, 2021): 231–46. http://dx.doi.org/10.1386/jdmp_00061_1.
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This article identifies a ‘policy turn’ in questions of internet governance, as politicians and policy-makers across multiple jurisdictions grapple with the power of digital platforms, and associated questions of accountability, transparency, market dominance and content regulation. The EU Hate Speech monitoring code, the Christchurch Call, the UK Online Harms Bill and Australia’s ACCC Digital Platforms Inquiry are manifestations of this trend, in what Philip Schlesinger has described as an emergent ‘regulatory field’. While corporate self-regulation has tended to be the dominant framework for digital sectors, there is growing pressure on the part of nation states for greater external regulation. In this article, we will consider different conceptual premises for understanding platform power, arising from neo-pluralist, class and elite theories, as well as the relative significance of non-governmental organizations (NGOs), nation state governments, corporate self-regulation (e.g. Facebook Oversight Board) and supranational governance mechanisms, such as Tim Berners-Lee’s proposed ‘Contract for the Web’.
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Mosentseva, V. A. "Analysis of the Legal Regulation of the Internal Control System of Agricultural Organizations." Accounting. Analysis. Auditing 6, no. 3 (June 5, 2019): 43–49. http://dx.doi.org/10.26794/2408-9303-2019-6-3-43-49.
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A comprehensive study of the sources of the regulatory framework of the internal control system in Russian agricultural organizations was carried out. The evolutionary and legal approaches to the definition of internal control in these enterprises are compared. The content of the supranational (international), national and local level of the hierarchy of legal acts of the organization of the internal control system for these economic actors is disclosed. The influence of the mechanisms of the digital economy in relation to the field of audit, including Organizing internal control systems in modern enterprises that must cope with new challenges and risks. The tends of agrarian digitalization are indicated, including the fact that the state, through the introduction of digital farm management platforms (digital field, digital flock, digital logistics), will thereby stimulate the agricultural producer; domestic producers of agricultural products are focused on increasing the volume and quality of their products on international markets through the use of modern technologies; centralization and unification of the main directions of the agricultural industry, taking into account the digitization of the economy as a whole.
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Iakovleva-Chernysheva, Anna Iurievna, and Anna Valentinovna Druzhinina. "Legal regulation of digitalization processes in the Russian Federation: civil law aspect." Юридические исследования, no. 8 (August 2021): 51–62. http://dx.doi.org/10.25136/2409-7136.2021.8.36270.
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The subject of this research is the trends and problems in the development of civil legislation within the framework of legal regulation of digitalization processes in the Russian Federation. The goal of this article lies in comprehensive examination and disclosure of the legal essence of the concept of digital rights as an object of civil rights, introduced into the Russian legislation within the framework of legal regulation of digitalization processes. The research methodology employs systematic approach, general scientific and special methods of legal science – formal-legal, interpretation of law, etc. For achieving the set goal, the author explores the prerequisites for the development of civil law provision pf digitalization processes; analyzes the novelties of civil legislation pertinent to implementation of various types of digital rights into civil discourse; studies the legal essence of digital rights; determine the ratio between digital rights and equity securities within the civil discourse. The scientific novelty lies in revealing the legal essence of digital rights as a special concept uses in civil law ; systematic analysis of the utilitarian digital rights and digital financial assets that encompass all types of digital rights in the current Russian legislation; substantiation of the fact that property rights in their extensive interpretation used in legal science and case law are the generic concept of digital rights; outlining that the content and conditions for exercising digital rights are determined conformity with the rules of the information system that meets the criteria established by law; examination and explanation of interrelation between different types of digital financial assets and equity securities in the civil discourse. The acquired results can be applied in further research of civil law regulation of digitalization processes, in teaching civil law disciplines in the higher school.
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Efimova, L. G. "An Alternative View of the Legal Regulation of Civil Law Relations in the Digital Economy." Actual Problems of Russian Law 16, no. 8 (September 4, 2021): 52–62. http://dx.doi.org/10.17803/1994-1471.2021.129.8.052-062.
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The paper substantiates the author’s proposal to amend the Civil Code of the Russian Federation, which is explained by the gradual creation of a digital economy in the Russian Federation. In particular, the author has examined and solved the following problems of the legal regulation of civil law relations in the context of digitalization: the problem of identifying the object of digital rights, the problem of legal qualification of the electronic form of the transaction, the problem of using a smart contract in civil transactions, the problem of using blockchain technology to create mixed payment systems. The paper proposes a non-standard solution to each of these problems—the author has prepared a draft federal law "On Amendments to Parts One and Two of the Civil Code of the Russian Federation in terms of legal relations arising in cyberspace." In particular, the author proposes to define digital rights as the absolute and relative rights to digital property named in this capacity, the content and conditions of implementation of which are determined by the law and the rules of the information system (protocol) that meets the characteristics established by the law. In the author’s opinion, an electronic document can exist in the form of a machine information file of any format or a computer program that meets the characteristics of an electronic document.
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Wilson, Richard Ashby. "The digital ethnography of law." Journal of Legal Anthropology 3, no. 1 (June 1, 2019): 1–20. http://dx.doi.org/10.3167/jla.2019.030101.
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The ethnography of social media is still a developing field, and the anthropology of online legal topics is even more incipient. This article charts a digital ethnography of the regulation of hate speech online by examining the infrastructure of social media platforms, the content of speech acts (including coded speech) and their offline effects. These three levels can be analysed using an adapted version of Erving Goffman’s heuristic model of backstage, onstage and offstage presentations of the self in everyday life. A digital ethnography of law implies both a qualitative and quantitative study of offline effects of online speech, including harmful consequences that are direct as well as indirect. On this basis, the article presents findings that, while it is difficult to identify direct effects of online hate speech on violence, show indirect effects including the silencing of dissent and an undermining of trust and cooperation in wider society.
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Spurgeon, Christina. "The ‘Digital/Life’ Moral Panic." Media International Australia 92, no. 1 (August 1999): 43–54. http://dx.doi.org/10.1177/1329878x9909200107.
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This paper attempts to make sense of recent debates concerning broadcast media self-regulation of sex and nudity. It focuses on a period in mid-1998 when Sex/Life disappeared from Australian TV screens. Specifically, it tracks a ‘moral panic’ in progress at the time the Ten Network announced its decision to cancel this program. It describes and summarises findings of a quantitative analysis of the editorial content of 17 Australian newspapers monitored in 1998 for references to media portrayal of sex and nudity. The particular role of The Australian in this panic is considered. Its quest for a popular national readership is highlighted and the question of media influence is raised. This report also contrasts the political responses to Sex/Life with more recent responses to Bay Watch and concludes with some speculative remarks about the economic impact of censorship and program classification regimes.
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Sein, Karin, and Gerald Spindler. "The new Directive on Contracts for the Supply of Digital Content and Digital Services – Scope of Application and Trader’s Obligation to Supply – Part 1." European Review of Contract Law 15, no. 3 (August 21, 2019): 257–79. http://dx.doi.org/10.1515/ercl-2019-0016.
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Abstract After more than 3 years of discussions and negotiations the new contract law package consisting of the directive on the contracts for the supply of digital content and digital services and the new consumer sales directive have been finally adopted. The initial object-based regulatory approach has been kept, whereas the object of the contract now also encompasses digital services. The contract typology is still left within the discretion of the Member States and also the innovative concept of data as counter-performance is kept in the final version. The article discusses the scope of the digital content directive, including the complicated regulation on ancillary digital services (‘goods with digital elements’) as well as the trader’s main obligation – the obligation to supply. Conformity criteria, including the updating obligation, consumer’s remedies, trader’s liability as well as his right to make modifications will be dealt with in the follow-up article to be published in the next issue.
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Larionova, Marina, and Andrei Shelepov. "Emerging Regulation for the Digital Economy: Challenges and Opportunities for Multilateral Global Governance." International Organisations Research Journal 16, no. 1 (June 1, 2021): 29–63. http://dx.doi.org/10.17323/1996-7845-2021-01-02.
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The role of information and communications technology (ICT), high-speed communication infrastructure, digital content and the digital economy is expected to grow in the post-pandemic society. Simultaneously, competition for digital technologies and solutions and the contest to influence norms, standards and regulatory mechanisms is escalating. The new regulatory mechanisms and approaches are concurrently being shaped in the key international institutions, including the United Nations (UN), the International Telecommunication Union (ITU), the World Trade Organization (WTO), the Organisation for Economic Co-Operation and Development (OECD), the European Union (EU), the Group of 20 (G20) and the BRICS group of Brazil, Russia, India, China and South Africa. This article presents analysis of the current cooperation on issues of digital economy regulation within the main international institutions. The study aims to assess the influence of the existing and emerging regulatory mechanisms on the balance of power between the key international actors. This assessment of the emerging mechanisms’ impact on the balance of power among international actors indicates that advantages and leverage capabilities accruing from them are distributed unevenly. The advanced members of the OECD and the G20 gain significant advantages, and there is a risk that the new mechanisms will consolidate the balance of power embodied by the Bretton Woods system, which has successfully resisted decades-long endeavors for its reform. However, regulation of the digital economy is not yet built as an established order. A window of opportunity was opened in 2020, not only to implement the G20’s 2008 pledge to reform the international financial and economic architecture, but also to build a new digital economy governance system, ensuring thatemerging markets and developing countries have a voice in decision-making commensurate with their weight in the global economy. The article is structured in three parts. The introduction presents the research questions and objectives and describes the parameters of comparative analysis and influence assessment criteria. The second section reviews the emerging mechanisms and instruments and reflects on their influence on the balance of power. The third section puts forward conclusions and recommendations for enhancing the influence of emerging markets and developing countries on the shaping and functioning of the emerging digital economy’s regulatory mechanisms.
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Cherdantsev, A. Yu. "Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process." Juridical Science and Practice 15, no. 4 (2020): 55–60. http://dx.doi.org/10.25205/2542-0410-2019-15-4-55-60.
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The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.
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Tsaregradskaya, Yulia K. "ICO — a New Way of Project Financing: Development Trends of Legal Regulation." Legal education and science 10 (October 8, 2020): 41–44. http://dx.doi.org/10.18572/1813-1190-2020-10-41-44.
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Purpose. The development of digital technologies contributes to the improvement of financial relations using various information systems, which actualizes the study of the problems of legal regulation of new relations, in particular in the field of ICO. The article analyzes the processes of initial placement of tokens (moent), as well as possible options for their legal regulation. The methodological basis for the research of this article is the dialectical method of scientific knowledge. The research used such general scientific methods and techniques as scientific abstraction, system, logical, analysis and synthesis, comparative law. Conclusions are drawn that 1) various approaches to the issue of ICO regulation have been formed in a number of countries, and rather ambiguous ones, 2) Russia is currently in the process of forming a legal framework regulating the circulation of cryptocurrencies and digital financial assets, 3) the term “ICO” has not been introduced in domestic legislation, and the terms “issue” and “circulation”are used instead. Scientific and practical significance. This research allows us to consider the nature of the token and the content of the ICO process, as well as contributes to the development of theoretical directions on this topic and the formation of training courses on tokens and new ways of implementing financial relations.
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Medeiros, Ben. "Platform (Non-)Intervention and the “Marketplace” Paradigm for Speech Regulation." Social Media + Society 3, no. 1 (January 2017): 205630511769199. http://dx.doi.org/10.1177/2056305117691997.
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This article analyzes grassroots opposition to the website Ripoff Report (RoR). RoR is a user-generated content (UGC) platform for “consumer reviews” about both business entities and, often, individuals. In America, Section 230 of the CDA (1996) empowers RoR to refuse removing even postings that have been judged defamatory. Instead, the site counsels rebuttal (“counterspeech”) or paying for its self-administered arbitration service—audaciously casting itself as a more efficient (for-profit) substitute for the court system. RoR therefore represents the liberal “marketplace” orientation of Section 230 taken to its logical extreme. Grassroots opponents claim that official legal deference to the content policies of sites like RoR creates a unique kind of symbolic and normative harm. Building on the existing practical critiques of Section 230, I argue that they implicitly invoke Donald Downs’ “community security” paradigm in a digital context. They call on both websites and government to increasingly prioritize protecting citizens from the indignity of confronting (what they see as) personally humiliating speech rather than simply counseling “more speech” as the solution. The RoR controversy thus gives us additional insight into the popular objections provoked by Section 230. Overall, studying them helps further our nascent understanding of the consequences and reactions when “platforms intervene” as regulatory forces.
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Smolniakov, V. I., and I. A. Koltoun. "Digital Spectrum Processing of the Characteristic K-Lines of the Lanthanides." Advances in X-ray Analysis 38 (1994): 657–63. http://dx.doi.org/10.1154/s037603080001836x.
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Abstract For the decomposition of complex multiplets, which consist of the fluorescent K-series of the lanthanides in the energy range from 30 keV to 60 keV, the procedure of digital filtering of the spectrum data was elaborated using the libraries of real-shape lines. This elaboration was applied to the software for energy-dispersive x-ray fluorescent spectrometers based on Si(Li) and HP Ge planar detectors. Taking into account the fact that the real shape of line is changed under different count rate, the procedure of spectrum processing has the following principle peculiarities: - three levels of library of real-shape lines, i.e. the level of high content of fluorescent elements, middle and low contents; - the regulation of parameters of digital filters; - use of the nonlinear least squares technique; Also the estimation of quality of this investigation is given.
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Lyutova, Olga I. "OBJECT OF TAXATION UNDER DIGITALIZATION." RUDN Journal of Law 24, no. 3 (December 15, 2020): 695–716. http://dx.doi.org/10.22363/2313-2337-2020-24-3-695-716.
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The article investigates the problem of content change of the concept object of taxation in the Russian tax law on the path to digital economy. The purpose of the article is to analyze the provisions of the Russian tax legislation, international norms, as well as academic literature devoted to identification of certain new goods and phenomena as possible objects of taxation, thus updating the concept of the object of taxation itself. The development of information technologies generates the following unavoidable problems related to the object of taxation concept content, which allows reviving the discussion about the content of this tax and legal category: the impossibility to assess implementation operations as potential tax objects with the help of the classical triad product, work, service; recognition in certain situations (for example, in case of electronic money payment) as the object of taxation is not one, but a set of legal facts (cause of action); the need to establish the object of taxation through the so-called tax relationship between the object and the subject of taxation. In connection with the first problem, the author proposes to unambiguously define in the Tax Code the legal nature of transactions with digital products for tax purposes, treating them as a new type of service. The conclusion is based on the experience of international regulation and suggests supplementing the provisions of the Tax Code in terms of legal regulation of the concept taxation object as well as VAT taxation. The re-search of the second problem leads to the conclusion that it is necessary to clarify the rules of the Tax Code when the counterparties carry out taxable transactions, whose settlements are made with electronic money. In this situation, the object of taxation is not single, but suggests several legal facts-actions of the potential tax-payer. On the third problem the author raises the issues of identification of the taxpayer in case of certifying the taxable transaction by the digital signature analogue. Taking into account international experience, as well as national civil law regulations, it is considered necessary to include provisions on digital certificates and digital signatures in tax legislation.
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Akopyan, A. R., A. M. Arakelyan, Y. V. Vorontsova, and V. V. Krysov. "Problems of digital transformation of film distribution." E-Management 4, no. 1 (April 30, 2021): 4–12. http://dx.doi.org/10.26425/2658-3445-2021-4-1-4-12.
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The article provides a brief overview of the emergence of the legal market of online cinemas in Russia. The paper reveals that the Governments of many countries have a national policy that is aimed at maintaining internal programming on traditional video platforms. Such policies range from licensing, which requires serving the “public interest” and defines rules for the distribution of certain types of content produced domestically, to requiring content distributors to contribute to the financing of the production of domestic content. The authors investigate that during the implementation of these rules, the Russian government decided on the allocation of limited resources. There was also regulation on whether platforms can solely decide what content to offer their users, or whether viewers should also participate directly. The study concludes that the transition from traditional platforms to online distribution can reduce the effectiveness of existing regulatory regimes and deprive traditional platforms of audience and revenue.The world and Russian experiences of using the Internet prove that today modern information and telecommunications technologies can contain real threats to the violation of fundamental rights and freedoms of citizens, as well as to question the security of society and the state. The only exceptions are progressive or innovative areas related to the provision of new services and the expansion of opportunities for socio-economic development.As a result of the study, the paper identified four problems of Russian film distribution on digital platforms. The authors chose piracy as the first problem of online cinemas. Pirate sites not only illegally copy content from online movie theaters, but they also create copies of their own services to transfer their servers to another platform in case of blocking. The second problem was highlighted by the requirement for foreign owners. The third problem was highlighted by the high cost of online movie theater subscriptions. The authors consider the fourth problem the lack of financial support from the state.