Cyber operations represent one of the main security threats today. The number of cyber operations attacking critical infrastructure is increasing year by year and states are looking for means to defend against this threat. However, the origin of hostile cyber operations is often located in the territory of another state, and attacked states must therefore grapple with the question of international law in their search for an effective defence mechanism. If states wish to defend themselves actively, the sovereignty of another state may be infringed, and such an infringement must be justified by an instrument of international law. These instruments of international law are retorsion, countermeasures, self-defence and plea of necessity. Application of plea of necessity, unlike the other alternatives mentioned, is not premised on the attributability of the cyber operation to the state, and it is precisely the attribution of cyber operation that poses one of the main problems of taking legal defensive measures. The article is divided into two parts. The first part is devoted to the relationship between retorsion, countermeasures, self-defence and plea of necessity. The second part discusses the conditions for the application of plea of necessity in the cyber context. The text takes into account the available state practice, in particular the national positions on the application of plea of necessity in the cyber context published in the last three years.
{"title":"Plea of Necessity: Legal Key to Protection against Unattributable Cyber Operations","authors":"Jakub Spáčil","doi":"10.5817/mujlt2022-2-4","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-4","url":null,"abstract":"Cyber operations represent one of the main security threats today. The number of cyber operations attacking critical infrastructure is increasing year by year and states are looking for means to defend against this threat. However, the origin of hostile cyber operations is often located in the territory of another state, and attacked states must therefore grapple with the question of international law in their search for an effective defence mechanism. If states wish to defend themselves actively, the sovereignty of another state may be infringed, and such an infringement must be justified by an instrument of international law. These instruments of international law are retorsion, countermeasures, self-defence and plea of necessity. Application of plea of necessity, unlike the other alternatives mentioned, is not premised on the attributability of the cyber operation to the state, and it is precisely the attribution of cyber operation that poses one of the main problems of taking legal defensive measures. The article is divided into two parts. The first part is devoted to the relationship between retorsion, countermeasures, self-defence and plea of necessity. The second part discusses the conditions for the application of plea of necessity in the cyber context. The text takes into account the available state practice, in particular the national positions on the application of plea of necessity in the cyber context published in the last three years.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45152337","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The legal provision applicable to determine the jurisdiction to decide claims regarding the cross-border infringement of personality rights is Article 7, Section 2, of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia). Article 7, Section 2, gives jurisdiction in non-contractual matters to the court of the place where the harmful event occurred or may occur. Called to interpret the concept of place where the harmful event occurred, the ECJ was forced to make an interpretative effort in case of online infringement of personality rights. It was so, because the information that is placed online can be accessed in any country. The offenses that occur on the Internet can have a global reach and cause damage with greater geographical extension and repercussions in the legal sphere of the victim, especially due to the geographical wide location of its users. The aim of this study is to highlight the latest trends of the Court of Justice of the European Union regarding this topic.
适用于确定跨境人格权侵权索赔管辖权的法律规定是关于民商事管辖权以及判决的承认和执行的法规(EU) No 1215/2012第7条第2款(Brussels Ia)。《合同法》第七条第二款规定，非合同事项由损害事件发生地或者可能发生地的法院管辖。为了解释有害事件发生地的概念，欧洲法院不得不在网络侵害人格权案件中做出解释。之所以如此，是因为放在网上的信息在任何国家都可以访问。发生在互联网上的违法行为可以影响全球，造成损害，在受害者的法律领域具有更大的地域延伸和影响，特别是由于其用户的地理位置广泛。本研究的目的是强调欧洲联盟法院在这一专题方面的最新趋势。
{"title":"International Jurisdiction in Cross-Border Infringement of Personality Rights","authors":"A. Gonçalves","doi":"10.5817/mujlt2022-2-1","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-1","url":null,"abstract":"The legal provision applicable to determine the jurisdiction to decide claims regarding the cross-border infringement of personality rights is Article 7, Section 2, of Regulation (EU) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Ia). Article 7, Section 2, gives jurisdiction in non-contractual matters to the court of the place where the harmful event occurred or may occur. Called to interpret the concept of place where the harmful event occurred, the ECJ was forced to make an interpretative effort in case of online infringement of personality rights. It was so, because the information that is placed online can be accessed in any country. The offenses that occur on the Internet can have a global reach and cause damage with greater geographical extension and repercussions in the legal sphere of the victim, especially due to the geographical wide location of its users. The aim of this study is to highlight the latest trends of the Court of Justice of the European Union regarding this topic. ","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48512818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Before the adoption of the EU-GDPR, researchers remarkably argued on law enforcement of personal data protection being „toothless” and a “paper tiger”. Almost three years after its enforcement date, the GDPR fines are increasing, and the world is beginning to witness the effect of sizeable fines awarded to organizations. This analysis aims to discover potential correlations between GDPR fines, and equally the lack of them. Such correlations might help to tap into trends that are followed by Data Protection Authorities (DPA) in their fining practices. This paper specifically describes the fines issued by the Romanian DPA, while also containing qualitative research findings extracted from discussions with interview subjects. The aim of this paper is to evaluate the possibility to construct a prediction model that is based on linear regression analysis and provide for future direction on the field of legal data analysis.
{"title":"Data Protection has Entered the Chat: Analysis of GDPR Fines","authors":"N. Mike","doi":"10.5817/mujlt2022-2-3","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-3","url":null,"abstract":"Before the adoption of the EU-GDPR, researchers remarkably argued on law enforcement of personal data protection being „toothless” and a “paper tiger”. Almost three years after its enforcement date, the GDPR fines are increasing, and the world is beginning to witness the effect of sizeable fines awarded to organizations. This analysis aims to discover potential correlations between GDPR fines, and equally the lack of them. Such correlations might help to tap into trends that are followed by Data Protection Authorities (DPA) in their fining practices. This paper specifically describes the fines issued by the Romanian DPA, while also containing qualitative research findings extracted from discussions with interview subjects. The aim of this paper is to evaluate the possibility to construct a prediction model that is based on linear regression analysis and provide for future direction on the field of legal data analysis.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42374401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.
{"title":"Dispute Resolution Mechanism for Smart Contracts","authors":"M. Kasatkina","doi":"10.5817/mujlt2022-2-2","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-2","url":null,"abstract":"Disputes regarding smart contracts are inevitable, and parties will need means for dealing with smart contract issues. This article highlights the need for dispute resolution mechanisms for smart contracts. The author provides analysis of the possible mechanisms to solve disputes arising from smart contracts, namely dispute resolution by traditional arbitration institutions and blockchain arbitration. Article acknowledges the benefits and challenges of both mechanisms. In the light of this, the author concludes about instituting a hybrid approach aimed at resolving disputes that will not stymie efficiencies of smart contracts.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41253565","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Based on the philosophical anthropology of Paul Ricoeur, the article examines, using the example of AI-based decisions, how the concept of responsibility changes under the influence of artificial intelligence, what a reverse effect this conceptual shift has on our moral experience in general, and what consequences it has for law. The problem of AI-based decisions is said to illustrate the general trend of transformation of the concept of responsibility, which consists in replacing personal responsibility with a system of collective insurance against risks and disappearing of the capacity for responsibility from the structure of our experience, which, in turn, makes justice and law impossible.
{"title":"AI-Based Decisiona and Disappearance of Law","authors":"Y. Razmetaeva, N. Satokhina","doi":"10.5817/mujlt2022-2-5","DOIUrl":"https://doi.org/10.5817/mujlt2022-2-5","url":null,"abstract":"Based on the philosophical anthropology of Paul Ricoeur, the article examines, using the example of AI-based decisions, how the concept of responsibility changes under the influence of artificial intelligence, what a reverse effect this conceptual shift has on our moral experience in general, and what consequences it has for law. The problem of AI-based decisions is said to illustrate the general trend of transformation of the concept of responsibility, which consists in replacing personal responsibility with a system of collective insurance against risks and disappearing of the capacity for responsibility from the structure of our experience, which, in turn, makes justice and law impossible.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44082594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The emergence of the right to personal data protection is usually considered in close proximity to the right to private life, however, the two rights despite the sufficient degree of similarity are not identical. The article analyses the main concepts and discussions around the protection of privacy and personal data protection, which primarily was only perceived as another facet of privacy, as well as provides a comprehensive overview of theoretical and practical problems associated with their protection. Provided for the right to data protection is not explicitly mentioned in the ECHR the main concern, therefore, is whether it receives an adequate level of protection within the Convention system. The article argues that given the lack of an explicit criterion for distinguishing the rights to privacy and data protection, it is the jurisprudence of the ECHR, which is of the utmost importance for the development of the right to personal data protection as a fundamental right. Due regard is given to the evolution of the fundamental approaches of the ECHR in this field. It is concluded that the effective enjoyment of the right to data protection, which is not specified in the text of the ECHR or its Protocols, undeniably relies on the ECHR’s interpretation of the key data protection standards enlisted in the Convention no. 108, as well as relevant EU legislation.
{"title":"The Right to Privacy and Protection of Personal Data: Emerging Trends and Implications for Development in Jurisprudence of European Court of Human Rights","authors":"Yuliia Kovalenko","doi":"10.5817/mujlt2022-1-2","DOIUrl":"https://doi.org/10.5817/mujlt2022-1-2","url":null,"abstract":"The emergence of the right to personal data protection is usually considered in close proximity to the right to private life, however, the two rights despite the sufficient degree of similarity are not identical. The article analyses the main concepts and discussions around the protection of privacy and personal data protection, which primarily was only perceived as another facet of privacy, as well as provides a comprehensive overview of theoretical and practical problems associated with their protection. Provided for the right to data protection is not explicitly mentioned in the ECHR the main concern, therefore, is whether it receives an adequate level of protection within the Convention system. The article argues that given the lack of an explicit criterion for distinguishing the rights to privacy and data protection, it is the jurisprudence of the ECHR, which is of the utmost importance for the development of the right to personal data protection as a fundamental right. Due regard is given to the evolution of the fundamental approaches of the ECHR in this field. It is concluded that the effective enjoyment of the right to data protection, which is not specified in the text of the ECHR or its Protocols, undeniably relies on the ECHR’s interpretation of the key data protection standards enlisted in the Convention no. 108, as well as relevant EU legislation.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43120743","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The international transport of goods, passengers and luggage is recently facing the threat of cyberattacks. The article is focused on the analysis of the possible cyber risks in the field of the international transport and their management created by the international governmental and non-governmental organisations. The international regulation of the cybersecurity has only recommendatory character and will be subject to future development. That’s the reason why should carriers pay greater attention to all possible cyber security measures. As the instrument of the reduction and mitigation of cyber risks could be used cyber-insurance. The insurance companies are offering insurance cover mainlyon individual base corresponding to the extent of protection required by the policyholder.
{"title":"Insurance of Cyber Risks in International Transport","authors":"Petr Dobiáš","doi":"10.5817/mujlt2022-1-1","DOIUrl":"https://doi.org/10.5817/mujlt2022-1-1","url":null,"abstract":"The international transport of goods, passengers and luggage is recently facing the threat of cyberattacks. The article is focused on the analysis of the possible cyber risks in the field of the international transport and their management created by the international governmental and non-governmental organisations. The international regulation of the cybersecurity has only recommendatory character and will be subject to future development. That’s the reason why should carriers pay greater attention to all possible cyber security measures. As the instrument of the reduction and mitigation of cyber risks could be used cyber-insurance. The insurance companies are offering insurance cover mainlyon individual base corresponding to the extent of protection required by the policyholder.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42918506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The discussion on international law applicable to cyber operations has shifted from asking whether international law applies to cyberspace to how it applies. Recently the European Union declared in its renewed cybersecurity strategy the ambition to develop common EU position on the application of international law in cyberspace. As part of a broader vision in striving for leadership on standards, norms and regulatory frameworks in cyberspace, the joint communication underlined the need for taking a more proactive stance in the discussions at the United Nations and other relevant international fora. However, less than half of the European Union Member States have issued a public statementon the interpretation of international law in cyberspace and hence, reaching a consensus on the interpretation of relevant concepts of international law appears a challenge. This article provides an overview of the current status of EuropeanUnion Member States’ public statements on international law applicable to cyber operations, identifies the domains of international law where convergence of views can be observed and highlights the areas with notable differences.
{"title":"EU Common Position on International Law and Cyberspace","authors":"Anna-Maria Osula, Agnes Kasper, Aleksi Kajander","doi":"10.5817/mujl2022-1-4","DOIUrl":"https://doi.org/10.5817/mujl2022-1-4","url":null,"abstract":"The discussion on international law applicable to cyber operations has shifted from asking whether international law applies to cyberspace to how it applies. Recently the European Union declared in its renewed cybersecurity strategy the ambition to develop common EU position on the application of international law in cyberspace. As part of a broader vision in striving for leadership on standards, norms and regulatory frameworks in cyberspace, the joint communication underlined the need for taking a more proactive stance in the discussions at the United Nations and other relevant international fora. However, less than half of the European Union Member States have issued a public statementon the interpretation of international law in cyberspace and hence, reaching a consensus on the interpretation of relevant concepts of international law appears a challenge. This article provides an overview of the current status of EuropeanUnion Member States’ public statements on international law applicable to cyber operations, identifies the domains of international law where convergence of views can be observed and highlights the areas with notable differences.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48133016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making applications embedded into blockchain technology in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. Because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. On the other hand, the imprint of AI’s automated data processing could be also observed and tracked back in the blockchain due to its historically retroactive nature. In the end, the study presents the human mind and its ‘uploading’ with conscious and unconscious contents as an analogy to blockchain-based AI systems. My goal is to highlight that the synergy of blockchain and machine learning-based AI can be hypothetically suitable to develop robust yet transparent automated decision-making systems. The compliance of these distributed AI systems with data protection law’s principles is a key issue regarding the high risks posed by them to data subjects rights and freedoms.
{"title":"Blockchain and Artificial Intelligence: Connecting Two Distinct Technologies to Comply with GDPR's Data Protection By Design Principle","authors":"Dániel Eszteri","doi":"10.5817/mujlt2022-1-3","DOIUrl":"https://doi.org/10.5817/mujlt2022-1-3","url":null,"abstract":"The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making applications embedded into blockchain technology in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. Because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. On the other hand, the imprint of AI’s automated data processing could be also observed and tracked back in the blockchain due to its historically retroactive nature. In the end, the study presents the human mind and its ‘uploading’ with conscious and unconscious contents as an analogy to blockchain-based AI systems. My goal is to highlight that the synergy of blockchain and machine learning-based AI can be hypothetically suitable to develop robust yet transparent automated decision-making systems. The compliance of these distributed AI systems with data protection law’s principles is a key issue regarding the high risks posed by them to data subjects rights and freedoms.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49459912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"To Disclose, or Not to Disclose, That Is the Question: A Methods-Based Approach for Examining & Improving the US Government's Vulnerabilities Equities Process","authors":"","doi":"10.7249/rgsda1954-1","DOIUrl":"https://doi.org/10.7249/rgsda1954-1","url":null,"abstract":"","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"71382576","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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