This paper presents a review of the main events of the Fourth International summer school on cyber law (ISSC), organized by Research laboratory on information law of the HSE. Although some aspects of law in the digital age are the subject of debate both in the professional legal community and in society in general, modern science lacks a more comprehensive study of the cyber law as a distinctive social phenomenon. Consequently, the purpose of recent paper is to eliminate those gaps in the examination.
Currently, the main method of studying this institute is the analysis of separate branches and sub-branches of public law and intellectual property rights. Moreover, the analysis of specific problems is limited by the current legislation of the governments and their associations.
On the contrary, such international summer school helps researchers from various areas and countries to share experiences, to categorize global trends and, thus, to summarize the common political and legal framework of the regulation of cyber law in different jurisdictions. The program of the summer school included the most topical research trends in the field of information law and intellectual property rights, reviewed new problems and offered possible solutions. Among the guests of the school there were representatives of IBM, Yandex, MegaFon, Wargaming.net, Baker&McKenzie, as well as professors of foreign universities and research centers.
The framework of the ISSC started a discussion for the legal aspects of developing and implementing information technology, legal regulation in the field of online video games, novels of the Russian legislation, current issues in telecommunications and copyright law, as well as other problems of the IT/IP sphere.
This year applications for participation in the School came from the USA, Brazil, Portugal, Belgium, Slovakia, Italy, the Netherlands, Malaysia, Armenia, as well as different cities of Russia.
In this paper the authors will present the main results and benefits of the discussions held within the school.
The purpose of this article is studying of China is an interesting example of public administration development resulting from the introduction of information technology. Openness methods in combination with modern technologies and features of the Asian concept of the open government in a new way open a question of public administration in China which studying is unfairly avariciously provided in modern domestic science. Methods: the method of the analysis of mechanisms of implementation of information technologies in processes of public administration in China in article distinguishes the main features and regularities of the described procedures; the author applies comparative method, drawing parallels between Asian model of the open government and model which develops in Russia now; the legalistic method is applied by the author when studying standard prerequisites of development of the concept of the dug-out government about use of information technologies; the historical method is used when studying history of implementation of model of the open government in China; the method of modeling is applied in attempt of transfer of experience of China in the field of development of the open government on the Russian realities. Results. Applying methods of comparative political science, in article it is possible to open important defined points and extrema of development of the concept of the electronic government in China at various stages of its creation. Preserving traditions and an organic inclusion in procedures state management of information technologies does China to one of unique examples and reference points of the present. Discussion. China is the most important strategic partner of Russia on the international scene today. Researches of innovations of public administration in this country can be useful in attempts to understand features of behavior of the Chinese colleagues participating in the international relations. Moreover, studying of an Asian way will allow to draw the correct conclusions for carrying out upgrade of public administration in Russia.
The article considers the key problems of application of the legislation of protection of state secret requiring the complex improvement thereof including: the system of securing information, absence of the mechanism of determination of the volume of losses from securing information, violation of balance of interests of security and scientific-techniques development, opportunities of protection of state secret by «nonsecret-carriers», adequacy of limitation of human rights to receipt of foreign passport and exit from the Russian Federation (in connection with the access to the state secret), compensations and social guarantees in connection with access to the state secret, development of the legal institute of official secret, imbalance of responsibility for violation of legislation on state secret, non-correspondence of Law of the RF «On state secret» to other federal laws. The author proposes directions of improvement of the legislation securing protection of the state secret.
The article concerns theoretical approaches to formation of legal system of secrets in the Russian Federation; evaluates possibility of creation of the system of secrets with an exhaustive number of categories; determines mechanisms of formation of regimes of «primary» and «derivative» secrets, principles of transformation of these regimes. On the basis of analysis of legislation the author formulates proposals with regard to improvement of a number of federal laws.
Purpose. To provide the reader the basic normative acts in the sphere of ensuring the security of personal data in such States as Great Britain, Argentina. It is not a secret that information about personal, individual or family life of a person possesses are special value. In this regard, states define regulation of these on based on their own positions, which are interest to the researcher. Methodology: there were legal analysis of regulation UK and Argentina both experience in ensuring the security of personal data and approaches to the definition of personal data were explored. The article summarizes the regulatory system of Great Britain and Argentina in the field of personal data security. The legislation of Great Britain and Argentina on the protection of personal data and legislative initiatives aimed at ensuring the security of personal data on the Internet were analyzed. Conclusions. In the UK, the regulatory system for ensuring the security of personal data is similar to the Russian system, but has its own characteristics. In the UK, the authorized body is the ICO which activities are aimed only at ensuring the security of personal data. In Russia, in this area, the authorized executive body is Roskomnadzor which includes 10 different departments, including the Office for the Protection of Rights of Personal Data Entities. In addition, in the United Kingdom, information is understood as the content side of data, which allows you to regulate not only the transmission of data over communication channels, but also the content of data. The UK approach does not contradict the theory of understanding information, through quantitative and qualitative characteristics, where the qualitative characteristic is understood as the content of information, and by quantitative as the number of different messages from the Internet source. In Latin America, the regulatory system that ensures the security of personal data is well developed. Also, a supervisory authority has been set up to monitor the ac
The aim of the article is to study the legal identification of problems of man and his activities on the Internet. Materials and methods. To achieve the goal the author analyzes the term "identity" as used in normative legal acts of the Russian Federation; practical implementation of the identification process in the Russian Federation and the United Kingdom. The article describes the features of subject structure of legal relations arising in the process of organizing the delivery of public services through the system identification / authentication in the UK. human identification process on the internet are viewed through the ratio of the right to security of person's private life and the right of third parties to know the identity of the participant relationships. Results. The author presents his own definition of human identification on the Internet - as a set of legal, organizational and technical measures for the establishment of information on the Internet, which allows to determine the identity of the person and confirm the accuracy of this information in the following ways: using the information of a registered user a single identification / authentication systems; or using information obtained from providers, information intermediaries, service providers and others involved in the organization of human activities on the Internet in the framework of the relevant request for them to provide such information.
This article is devoted to the problem of ensuring the balance between interests of employees and employers which monitor actions of their employees. The article covers European, American and Russian approaches to establishing the scope of employer`s right to interfere with employee`s privacy. The main idea of the article consists in necessity to apply the principles set forth in legislation for determining a legal extent of using a particular method of employee monitoring. Also the article provides the exemplary legal analyses of such mean of employee monitoring as video surveillance in the workplace.
Relevance. Rapid development of telemedicine and e-health requires free, legitimate and secure health information exchange. Besides technical solutions an important role in providing health information exchange played by legal and organizational measures. Adoption of the new legislation on the application of information technologies in healthcare increases the relevance of legal issues in this sphere.
Objective. The article addresses the legal aspects of building health information systems, taking into account the rights and legitimate interests of all stakeholders (patients, physicians, healthcare providers, insurance companies, research organizations, etc.).
The main results. In the paper it is reasoned that the architecture of health information systems should be based on principles of centralized storage of data, integration of data from the wide range of sources, increasing usability of the systems, ensuring data dynamism and mobility as well as enhancing the role of patients in management of personal health records.
Also particular attention is paid to security issues of health information systems. The information security measures for such systems include reliable procedures for identification and authorization of subjects, differentiation of access rights to health records, encryption of health data and depersonalization of health data of individual patients. These and other measures will help to ensure the legitimacy of electronic document exchange, as well as to increase the level of patients trust to information technologies used in healthcare.
Applicability and scientific significance. The principles and ideas reflected in the article can be used in law-making process in the area of telemedicine and serve as a basis for the subsequent academic research on the electronic document exchange in the new technological conditions.
Purpose. Rapid development of relations in the information sphere requires assurance of information security of the individual, the state and society. The adoption of the updated Doctrine of information security puts the interests of an individual at the head of legal regulation in this area, however, this legal institute still lacks of sufficient regulation in the current legislation. The article aims to examine certain aspects of information security of a person, some problems of terminology usage and classification.
Methods: methodological basis of the research constituted a set of methods of scientific knowledge: general sci- entific methods (materialistic dialectics), private scientific methods (systemic, comparative legal method, etc.). The paper investigates Russian and foreign normative legal acts, scientific works and international documents.
Results. The paper reveals crucial insufficiency in legal regulation of information security of a person. Research pays attention to the need of terminological development. Also, the paper highlights issue of interpretation of relations included into information security sphere. Author concludes that narrow technical interpretation limits the further de- velopment of the industry.
Discussion. The principles and ideas formulated in the work can be used in law-making activities in the field of in- formation security of a person, as well as subsequent development of scientific ideas about legal, ideological, techni- cal and methodological measures to ensure information security of a person.
Purpose: The paper is devoted to the development of the transparency of the justice system in Russia by providing webcasts of court sessions. The purpose of study is search an answer to the question of the need for such webcasts, as well as determination of the optimal conditions and procedures for the implementation of this measure.
Methods: The author compares the advantages and disadvantages of the broadcast of proceedings on the Internet. The advantage of webcasts is their effectiveness to ensure transparency of proceedings and social control for justice. The disadvantage of webcasts is their cost, which can cause inefficient spending of budget funds. Also webcast infringes the right to privacy participants in the proceedings to a greater extent than the traditional presence of the audience in the hall of the courts.
Results: On the basis of this comparison the author makes a conclusion about the desirability of introducing this tool into the activities of the Russian courts. However, list of court cases, which will be broadcast, should be limited to reduce the negative effect of above shortcomings.
As a result, the author offers his own model of organizing broadcasts court proceedings. The paper proposes to establish 2 variant of the webcast of the court session: mandatory and optional. Consequently, broadcast court proceedings must be carried out mandatory in cases on which decisions are most important for the practice of application of the law (decisions of the higher courts and decision on contesting the normative legal acts). Optional broadcast court proceedings may be carried out at the request of any interested person.
The article reviews the main events of the Third International Summer School on Cyber Law, organized by the Laboratory of information law (National Research University Higher School of Economics, Russia).
This year applications for participation in the summer school were submitted from the UK, Italy, Germany, Slovakia, Armenia, India, Belarus, Kyrgyzstan and from different cities of the Russian Federation. In the framework of the summer school the most current research trends in the field of information law and intellectual property law were touched, new problems and new issues were raised, and solutions were suggested. Among the guests of the summer school were representatives of IBM, Yandex, Google, MegaFon, Wargaming.net, Kaspersky lab, as well as professors of foreign universities.
Intense program of the summer school included a discussions on legal aspects of development and introduction of cognitive systems, legal regulation in the field of computer games, novelties of the Russian information legislation, relevant issues of telecommunication law and copyright, legal aspects of cyber security, as well as other important legal issues in IT/IP sphere.
Large attention of participants was paid to the problems of enforcing the new Russian legislation on the requirements to the information dissemination organizers on the Internet and popular bloggers. In light of enacting this legislation the questions of websites blocking were raised again. In the field of telecommunications law the issues of legal regulation of OTT-services were the most disputable. The legal aspects of the computer games industry which were discussed in the summer school include the issues of legal protection of computer games as objects of intellectual property, as well as the issues of e-commerce in the area of online computer games.
A special event in the framework of the summer school program was the master-class of foreign professors on how to write articles in English to international peer-reviewed journals.