Kurki, V. A. J.; Pietrzykowski, T. (eds.). (2017) Legal Personhood: Animals, Artificial Intelligence and the Unborn. Springer International Publishing, 158 p.
{"title":"Legal Personhood: Animals, Artificial Intelligence and the Unborn. Kurki, V. A. J.; Pietrzykowski, T. (eds.)","authors":"Jan Zibner","doi":"10.5817/MUJLT2018-1-5","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-5","url":null,"abstract":"Kurki, V. A. J.; Pietrzykowski, T. (eds.). (2017) Legal Personhood: Animals, Artificial Intelligence and the Unborn. Springer International Publishing, 158 p.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45795472","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}
Timan, T.; Newell, B. C.; Koops, B.-J. (eds.). (2017) Privacy in Public Space: Conceptual and Regulatory Challenges. Cheltenham: Edward Elgar Publishing, 315 p.
{"title":"Privacy in Public Space: Conceptual and Regulatory Challenges. Timan, T.; Newell, B. C.; Koops, B.-J. (eds.)","authors":"Jakub Mísek","doi":"10.5817/MUJLT2018-1-4","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-4","url":null,"abstract":"Timan, T.; Newell, B. C.; Koops, B.-J. (eds.). (2017) Privacy in Public Space: Conceptual and Regulatory Challenges. Cheltenham: Edward Elgar Publishing, 315 p.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44673060","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 law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.
{"title":"“Lagom Jurisdiction” – What Viking Drinking Ettiquette Can Teach Us about Internet Jurisdiction and Google France","authors":"D. Svantesson","doi":"10.5817/MUJLT2018-1-2","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-2","url":null,"abstract":"The law of Internet jurisdiction is facing a crisis. While there is widespread and growing recognition that we cannot anchor Internet jurisdiction in the outdated, typically overstated, and often misunderstood, territoriality principle, few realistic alternatives have been advanced so far.This article seeks to provide an insight into the conceptual mess that is the international law on jurisdiction; focusing specifically on the concepts of sovereignty and jurisdiction, with limited attention also given to the impact of comity, and international human rights law. These issues are studied through the lens of the so-called Google France case that comes before the CJEU in 2018. The article argues that we may usefully turn to the Swedish “lagom” concept – which allegedly stems from Viking era drinking etiquette – as a guiding principle for how we approach Internet jurisdiction.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41509319","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}
As compared with traditional paper-based versions and the standard username-password login to e-Government services, the new electronic identity and travel documents have made on-site electronic and on-line authentication of citizen more comfortable and secure. The biometric passport was introduced in Hungary in 2006. A decade later the electronic identity card (eID) was implemented. The reason for the improvement of such documents is twofold: enhancing security features and performing new functions. The development is certainly welcome, but it also generates new types of risks, with which governments and citizens must take into account. In this paper, I will first analyze the most widespread technologies of data storage cards from the passive elements to the chipcards, including the biometric passport. The objective is to provide an overview of the technical development as a background to my paper. I will then proceed to an analysis of the relevant EU and national legal background, data elements, data protection and the functions (ePASS, eID, eSIGN) of the new Hungarian and German identity card, as well as the security risks and protection properties of the eID-type documents. The paper concludes with a summary of the lessons learned from and the risks involved in the current solutions in Hungary and Germany.
{"title":"Enhanced Functionality Brings New Privacy and Security Issues – An Analysis of eID","authors":"Tamás Szádeczky","doi":"10.5817/MUJLT2018-1-1","DOIUrl":"https://doi.org/10.5817/MUJLT2018-1-1","url":null,"abstract":"As compared with traditional paper-based versions and the standard username-password login to e-Government services, the new electronic identity and travel documents have made on-site electronic and on-line authentication of citizen more comfortable and secure. The biometric passport was introduced in Hungary in 2006. A decade later the electronic identity card (eID) was implemented. The reason for the improvement of such documents is twofold: enhancing security features and performing new functions. The development is certainly welcome, but it also generates new types of risks, with which governments and citizens must take into account. In this paper, I will first analyze the most widespread technologies of data storage cards from the passive elements to the chipcards, including the biometric passport. The objective is to provide an overview of the technical development as a background to my paper. I will then proceed to an analysis of the relevant EU and national legal background, data elements, data protection and the functions (ePASS, eID, eSIGN) of the new Hungarian and German identity card, as well as the security risks and protection properties of the eID-type documents. The paper concludes with a summary of the lessons learned from and the risks involved in the current solutions in Hungary and Germany.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"12 1","pages":"3-28"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43704197","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}
This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or clearing services. We approach these issues from the perspective of Asian countries in relation to development in core markets, such as those in the US, the UK and Europe.
{"title":"Extraterritoriality of the Regulations and Interconnections of the Derivatives Market: Legal Implications for East and Southeast Asia","authors":"C. Chen","doi":"10.5817/MUJLT2017-2-6","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-6","url":null,"abstract":"This article examines the legal implications of the interconnections of the global derivatives market, such as the exchange and over-the-counter (OTC) markets, in East and Southeast Asia. First, we introduce the interconnectedness of the global derivatives market. We then examine some legal implications of such interconnectedness from several angles, such as the extraterritoriality of relevant regulations (notably the reporting, clearing and trading mandates prescribed by the G20 and the new initial margin rule), standard product documentation, the effect of substituted compliance, the potential competition effect due to shifting OTC trades to exchange trading and the effect of consolidating exchanges and/or clearing services. We approach these issues from the perspective of Asian countries in relation to development in core markets, such as those in the US, the UK and Europe.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"323-350"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42359737","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 growing presence of the exchange-traded fund (ETF) has been a crucial development on the investment scene since its advent in the mid-1990s. The surge of popularity for ETFs, as well as the phenomenal pace of their growth, is a fact that can be observed everywhere in stock market trading. This paper examines the legal rules, the types and workings of ETFs, and their role in promoting stock exchange interconnection. The surge of ETFs does not come without its questions and concerns, however. With the analysis provided in this article, the potential problems, mostly notably the systemic risk showcased in the flash crash of August 24, 2015, and the inherent problem of derivative investing, are discussed. This paper concludes with a careful balancing of the benefits and perils presented by this innovative investment product.
{"title":"ETF, Stock Exchange Interconnection and the Looming Problems","authors":"Chien-chung Lin","doi":"10.5817/MUJLT2017-2-4","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-4","url":null,"abstract":"The growing presence of the exchange-traded fund (ETF) has been a crucial development on the investment scene since its advent in the mid-1990s. The surge of popularity for ETFs, as well as the phenomenal pace of their growth, is a fact that can be observed everywhere in stock market trading. This paper examines the legal rules, the types and workings of ETFs, and their role in promoting stock exchange interconnection. The surge of ETFs does not come without its questions and concerns, however. With the analysis provided in this article, the potential problems, mostly notably the systemic risk showcased in the flash crash of August 24, 2015, and the inherent problem of derivative investing, are discussed. This paper concludes with a careful balancing of the benefits and perils presented by this innovative investment product.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"267-290"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46733625","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}
If philosophical cybernetics was interested in stock exchanges, it would probably treat them as relatively simple information structures. From that perspective, stock exchanges can be viewed as places where data on supply and demand of various negotiable instruments are processed. Besides that, stock exchanges, as institutions, provide respective transactions with additional informational (organisational) value that mostly consist of trust regarding the traders, clearing etc. Consequently, a stock exchange interconnection can be seen as very natural process providing for bigger pool of useful data. One of key tasks in the establishment of exchange schemes is then not to hinder or diminish the added information value, i.e. to at least keep the existing level of trust. In that sense, one of the most important components of interconnection design is the legal compliance. In the comment, we will examine some of the most emerging legal issues in data sharing between stock exchanges that were subject to examination under recently concluded project ‘Creating a legal and regulatory framework for interconnections between stock exchanges: A comparative study of the UK and Taiwan’ funded by the British Academy (UK) and the Ministry of Science and Technology, Taiwan. We will particularly focus in this comment on compliance issues in cross-border transfers of personal data and newly emerging regulatory phenomenon of cybersecurity.
{"title":"Stock Exchange Interconnections and Legal Issues in Data Exchange","authors":"R. Polcák","doi":"10.5817/MUJLT2017-2-7","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-7","url":null,"abstract":"If philosophical cybernetics was interested in stock exchanges,\u0000it would probably treat them as relatively simple information\u0000structures. From that perspective, stock exchanges can be\u0000viewed as places where data on supply and demand of various\u0000negotiable instruments are processed. Besides that, stock\u0000exchanges, as institutions, provide respective transactions\u0000with additional informational (organisational) value that\u0000mostly consist of trust regarding the traders, clearing etc.\u0000Consequently, a stock exchange interconnection can be seen as\u0000very natural process providing for bigger pool of useful data.\u0000One of key tasks in the establishment of exchange schemes is\u0000then not to hinder or diminish the added information value,\u0000i.e. to at least keep the existing level of trust. In that\u0000sense, one of the most important components of interconnection\u0000design is the legal compliance. In the comment, we will examine\u0000some of the most emerging legal issues in data sharing between\u0000stock exchanges that were subject to examination under recently\u0000concluded project ‘Creating a legal and regulatory framework\u0000for interconnections between stock exchanges: A comparative\u0000study of the UK and Taiwan’ funded by the British Academy (UK)\u0000and the Ministry of Science and Technology, Taiwan. We will\u0000particularly focus in this comment on compliance issues in\u0000cross-border transfers of personal data and newly emerging\u0000regulatory phenomenon of cybersecurity.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"351-362"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47179451","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}
In this article, the author discusses the phenomenon of stock exchange interconnection and the synergies that it can bring. He investigates the methods and rationales behind various models currently employed such as the Euronext virtual model, the integration between the London Stock Exchange and the Milan Stock Exchange, and the ASEAN model in Asia. Despite the fact that there are many models of interconnection, none of them are truly interconnected in that they share a common trading platform, a single clearing house, and a single central securities depository. Divergence in national law remains a major obstacle to interconnection. This is because, notwithstanding a certain degree of harmonisation achieved in jurisdictions such as the EU, national laws continue to play an important role in regulating financial market infrastructure such as stock exchanges. Therefore, without a clear regime governing jurisdiction and applicable law, true interconnection is unlikely to be achieved.
{"title":"Synergies, Risks and the Regulation of Stock Exchange Interconnection","authors":"Joseph Lee","doi":"10.5817/MUJLT2017-2-5","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-5","url":null,"abstract":"In this article, the author discusses the phenomenon of stock exchange interconnection and the synergies that it can bring. He investigates the methods and rationales behind various models currently employed such as the Euronext virtual model, the integration between the London Stock Exchange and the Milan Stock Exchange, and the ASEAN model in Asia. Despite the fact that there are many models of interconnection, none of them are truly interconnected in that they share a common trading platform, a single clearing house, and a single central securities depository. Divergence in national law remains a major obstacle to interconnection. This is because, notwithstanding a certain degree of harmonisation achieved in jurisdictions such as the EU, national laws continue to play an important role in regulating financial market infrastructure such as stock exchanges. Therefore, without a clear regime governing jurisdiction and applicable law, true interconnection is unlikely to be achieved.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"291-322"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45140333","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}
Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests. The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy.
{"title":"To Post, or Not to Post – That Is the Question: Employee Monitoring and Employees’ Right to Data Protection","authors":"Adrienn Lukács","doi":"10.5817/MUJLT2017-2-1","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-1","url":null,"abstract":"Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests. The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"185-214"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43500671","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 recent growth of financial technology ventures involves several types of financial players, including stock exchanges. Many of them are exploring blockchain applications to their multiple business lines, focusing in particular on post trading activities. Potential benefits include the reduction in counterparty risk and post trading costs as well as the increase of liquidity and transparency. At current stage exchanges are mainly exploring the technology looking for proofs of concept, with the exception of some more advanced projects like at Nasdaq and ASX. The mass adoption will require longer efforts and is expected to come in a decade, at least. Fintech developments are receiving strong attention also by regulators and international organizations, given the potential of distributed ledger technology for both competition enhancement and cyber risk reduction. A coordination between market players and regulators is essential to guarantee the effective implementation of new technologies, as their benefits can be delivered only in presence of a common framework and a proper management of risks.
{"title":"Fintech in the Exchange Industry: Potential for Disruption?","authors":"Manuela Geranio","doi":"10.5817/MUJLT2017-2-3","DOIUrl":"https://doi.org/10.5817/MUJLT2017-2-3","url":null,"abstract":"The recent growth of financial technology ventures involves several types of financial players, including stock exchanges. Many of them are exploring blockchain applications to their multiple business lines, focusing in particular on post trading activities. Potential benefits include the reduction in counterparty risk and post trading costs as well as the increase of liquidity and transparency. At current stage exchanges are mainly exploring the technology looking for proofs of concept, with the exception of some more advanced projects like at Nasdaq and ASX. The mass adoption will require longer efforts and is expected to come in a decade, at least. Fintech developments are receiving strong attention also by regulators and international organizations, given the potential of distributed ledger technology for both competition enhancement and cyber risk reduction. A coordination between market players and regulators is essential to guarantee the effective implementation of new technologies, as their benefits can be delivered only in presence of a common framework and a proper management of risks.","PeriodicalId":38294,"journal":{"name":"Masaryk University Journal of Law and Technology","volume":"11 1","pages":"245-266"},"PeriodicalIF":0.0,"publicationDate":"2017-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48907850","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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