EDITORIAL
DIGITAL LAW, ARTIFICIAL INTELLIGENCE AND CYBER SECURITY
This research paper seeks to understand the deficit arising from the generative AI and its potential in redefying various sectors and suggesting modification on the current laws. Generative AI systems can generate distinctive content which could be used in text, images, or music, among others, by training from the available data. It highlights how generative AI influences the legal profession in terms of work like contract writing, as well as how newer language models like GPT-4 and chatbots like ChatGPT and Gemini are evolving. Thus, while generative AI has numerous opportunities, it also raises concerns about ethical issues, authorship and ownership, privacy, and abuses, such as the propagation of deepfakes and fake news. This study focuses attention on the importance of strengthening the legal frameworks to answer the ethical issues and challenges linked to generative AI, such as deepfakes, piracy of contents, discriminative impact, or naked breaches of privacy. It calls for proper and sensitive use of generative AI through regulation, openness, and commonly agreed global guidelines. This paper emphasizes that innovations need to be balanced by a set of effective regulations to unleash the potential of generative AI and minimize potential threats.
2021 and 2022 have been the years of frequent cyberattacks. India remains in the top 25 countries severely affected by the continuous cyber-attacks and tops the list. The healthcare department is amongst the most affected area. In 2020, the healthcare department suffered a severe impact with around 348K cyber-attacks alone on Indian healthcare infrastructure. The recent occurrence of cyber-attack on AIIMS hospital in December 2022 followed by several other incidences of data breaches have made the concerned authorities pro-active on exercising vigilance and reforming the legal and technical system to protect the health infrastructure. This paper has been developed on extensive literature and focuses on describing the nature of electronic health records, the risks they are exposed to along with as to why they are so susceptible to these cyber-risks. Furthermore, the paper also deals with different kinds of threats affecting the privacy and security of electronic health records specifically. The paper analyzes Indian legal framework, briefly compares it with international legal framework (specifically US & EU) and highlights the shortcomings in Indian legislative framework followed by laying down certain recommendations primarily highlighting the possible changes required in Indian legal framework and practices that can be adopted at organizational level to overcome and mitigate such risks.
The paper discusses some aspects of the legal regulation of personal data profiling in various jurisdictions. It focuses on derived personal data, also known as inferences, which are the outputs of digital profiling and automated decision-making. Although the extraction of new knowledge about individuals based on the processing of personal data has become common practice in both the commercial and public sectors, there have been only a few attempts to establish specific legal frameworks for derived personal data. These include the European Union, California (USA), and Singapore. Using a comparative legal approach, the author analyzes the characteristics of derived personal data and how the rights of individuals are protected in relation to derived personal information in these jurisdictions and in Russia as well. After examining the relevant laws and regulations, the author concludes that these attempts to regulate derived personal data are an effort to adapt traditional legal frameworks to the challenges posed by Big data. At the same time, the protection of personal data when using Big data technologies and artificial intelligence requires advanced regulatory approaches. Today, data extraction processes are often hidden from data subjects and not under their control. The author believes that the automated processing of personal information, including digital profiling and the extraction of new personal data, should be made more transparent and allow users to opt out.
The article summarizes interim results of a research performed under the project of the Russian Science Foundation focusing on criminal law risks of using mobile applications. These risks can be of two types: the risk of being held criminally liable and the risk of being victimized by the criminal activities of others. The second type of risk is better defined because it is addressed in the context of preventing crimes committed using information and telecommunications networks or in the field of computer information in general. The first one implies not only situations when a user intentionally causes harm through a mobile application, but also cases where people do things, the public danger and wrongfulness of which is not obvious to them. Such persons usually have no desire to violate criminal law but do so failing to understand the unlawfulness of their actions due to the specific environment and technological features. Therefore, the ultimate goal of this project (at the next step) is to ensure safety of mobile application users, including inadmissibility of their unjustified criminal liability, through the development of recommendations on the rules of behavior when using relevant technologies. The purpose of the work within the framework of the presented scientific article is to determine the state of use of mobile applications (characteristics of mobile Internet culture) and those criminal law regulations that may be consciously or unconsciously violated by users of mobile applications. To achieve this goal two sociological surveys were conducted among users of mobile applications to determine how they use their mobile devices. The provisions of the criminal law and the materials of criminal cases were analyzed in order to understand what crimes can be committed by users of mobile applications who actually did not want and did not understand that they were violating the criminal law.
LAW AND SOCIETY
In the conditions of sharp aggravation of the international and political situation in the world and risks for the existence of the Russian Federation, the central place in the activities of public authorities is given to ensuring state sovereignty. In modern conditions it is required to create an adequate to new challenges and threats concept of public-law provision of state sovereignty of the country, based on a modern theoretical basis, including the latest achievements of public-law (state-legal) sciences.
The authors consider different approaches to the definition of the essence and content of the concepts of "public-law provision" and "internal state sovereignty". The study revealed that the first of them has not yet received proper theoretical substantiation, and the second, despite the centuries-old history of study and a large number of special legal works, is characterised by numerous and often contradictory interpretations, including those in strategic planning documents. The current situation hinders the solution of one of the most complex and serious theoretical and applied tasks, on which the security of the Russian Federation and its further progressive socio-economic development largely depends.
The authors substantiated the conclusion that the public-law provision of internal state sovereignty of the Russian Federation should be considered in a broad and narrow sense. In a broad sense, it represents an optimal combination of lawmaking and law enforcement based on a sufficient level of legal culture, which allows stable and sustainable functioning of public power and public administration in the country, to ensure the balance of public and private interests, rights and freedoms of citizens in the face of new challenges and threats.
In a narrow sense, public law provision of internal state sovereignty is reduced only to normative legal acts of various legal force, regulating the organisation and functioning of public authority, the implementation by its bodies of managerial functions and powers, interaction with civil society institutions and business, taking measures to ensure the rights, freedoms and legitimate interests of citizens and organisations in changing conditions.
SHANGHAI COOPERATION ORGANIZATION
Since the Maffezini case, debates upon the application of the Most-Favored-Nation (MFN) clause have never stopped. Research from the perspective of the Shanghai Cooperation Organization (SCO) can test the way for further advancement of this issue. The analysis on the international investment arbitration cases involving the SCO states may shed some light on the crucial point on dispute. At present, the bilateral investment treaties (BIT) between China and other states of the SCO are in an urgent need of renewal in order to meet the interests of deepening investment cooperation. Problems of fragmentation of the interpretation method and of unpredictability of the interpretation conclusion of the MFN clauses manifested in international investment disputes involving SCO states will provide concrete preventative suggestions on the updating of the wording of MFN clauses. Under SCO framework, the multilateral effect of the MFN clause can play a model role for other regional integration organizations to build an integrated and multilateral investment treatment system in the fragmented and bilateralism-based framework of international investment law, and in fact promote investment facilitation for regional organizations.
STATE SOVEREIGNTY
In the conditions of sharp aggravation of the international and political situation in the world and risks for the existence of the Russian Federation, the central place in the activities of public authorities is given to ensuring state sovereignty. In modern conditions it is required to create an adequate to new challenges and threats concept of public-law provision of state sovereignty of the country, based on a modern theoretical basis, including the latest achievements of public-law (state-legal) sciences. The authors consider different approaches to the definition of the essence and content of the concepts of “public-law provision” and “internal state sovereignty.” The study revealed that the first of them has not yet received proper theoretical substantiation, and the second, despite the centuries-old history of study and a large number of special legal works, is characterized by numerous and often contradictory interpretations, including those in strategic planning documents. The current situation hinders the solution of one of the most complex and serious theoretical and applied tasks, on which the security of the Russian Federation and its further progressive socio-economic development largely depends. The authors substantiated the conclusion that the public law provision of internal state sovereignty of the Russian Federation should be considered in a broad and narrow sense. In a broad sense, it represents an optimal combination of lawmaking and law enforcement based on a sufficient level of legal culture, which allows stable and sustainable functioning of public power and public administration in the country, to ensure the balance of public and private interests, rights and freedoms of citizens in the face of new challenges and threats. In a narrow sense, public law provision of internal state sovereignty is reduced only to normative legal acts of various legal force, regulating the organization and functioning of public authority, the implementation by its bodies of managerial functions and powers, interaction with civil society institutions and business, taking measures to ensure the rights, freedoms and legitimate interests of citizens and organizations in changing conditions.
LEGAL EDUCATION
The paper is devoted to analyzing the necessity to teach law students legal rhetoric in two languages: in Russian and in English, with the purpose to facilitate constructive international cooperation for the conservation of historical and cultural heritage in the modern world, which corresponds to the priorities of the Concept of Foreign Policy of the Russian Federation at present. The bilingual study of legal rhetoric, as any other curriculum discipline, will contribute to the education transition to a qualitatively new level. The term “bilingual training” began to be widely used in the 1990s. It used to be defined as “a purposeful process in which two languages are used when the second language becomes a means of training rather than the subject.” It is in the course of bilingual training that conditions are created for the formation of inter-subject integration, thought flexibility in relation to intercultural communication and the development of linguistic abilities in future lawyers, which is extremely important for professional activities in the field of jurisprudence. The bilingual course of rhetoric serves as a good example of developing professional competences and intercommunication pragmatic skills encouraging students to enhance their key professional competences along with deepening their awareness of procedural and substantive areas of law. The authors also dwell on the key elements of rhetorical analysis applicable to main professional competences in the context of the tertiary educational paradigm based on the accomplishments of domestic methodologists.
ACADEMIC EVENTS
ISSN 2713-0533 (Online)