Revista de Direito, Estado e Telecomunicações
- Editora:
- Grupo de Estudos em Direito das Telecomunicacoes (GETEL)
- Data de publicação:
- 2020-09-29
- ISBN:
- 1984-9729
Descrição:
Número de revista
- Núm. 15-2, September 2023
- Núm. 15-1, May 2023
- Núm. 14-2, October 2022
- Núm. 14-1, May 2022
- Núm. 13-2, September 2021
- Núm. 13-1, May 2021
- Núm. 12-2, October 2020
- Núm. 12-1, May 2020
- Núm. 11-2, October 2019
- Núm. 11-1, May 2019
- Núm. 10-2, October 2018
- Núm. 10-1, May 2018
- Núm. 9-1, May 2017
- Núm. 8-1, May 2016
- Núm. 7-1, May 2015
- Núm. 6-1, May 2014
- Núm. 5-1, May 2013
- Núm. 4-1, May 2012
- Núm. 3-1, May 2011
- Núm. 2-1, May 2010
Documentos mais recentes
- China's Social Credit System. A Challenge to Human Rights
[Purpose] To examine the origin and evolution of China's social credit system. [Methodology/Approach/Design] A doctrinal approach is employed with secondary sources. [Findings] China's social credit system has some adverse effects on the fundamental principles of international human rights law
- The Essence and Role of Electronic Money
[Purpose] The purpose of the study is to conduct legal analysis on the legal regulation problems concerning the concept of “electronic money” and the development of the modern monetary system of Kazakhstan based on the digitalisation of certain processes in the modern state. [Methodology/approach/design] Based on the legal and general scientific research methods, an analysis of the existing legal framework and other documents in the studied area was carried out. Also, a comparative-structural analysis of individual norms of legal acts of the Commonwealth of Independent States countries was made. [Findings] The issues of legal regulation and the incorporation of various concepts related to electronic money circulation into the laws of individual countries were examined based on the focus of the study. The idea of introducing a single digital electronic currency into Kazakhstan's national payment system, which would be backed by government finances and the obligations of the country's National Bank, was also substantiated. The arguments in support of this initiative by Kazakhstan's “main” bank and the country's government to launch a pilot process for the introduction of the digital tenge were formulated. This process will operate in circulation along with other cash and non-cash fiat currencies. In this regard, the chosen subject of the study is certainly promising for further scientific and theoretical deepening. This includes a further study of the prospects of digitalisation of the country's monetary system. Furthermore, a legal approach to the issue has revealed particular shortcomings in the enshrining of certain terms in Kazakhstan's legislation
- The Concept of Cyber Insurance as a Loss Guarantee on Data Protection Hacking in Indonesia
[Purpose] This research departs from the legal vacuum regarding data protection insurance in Indonesia. In terms of regulation, Law Number 40 of 2014 concerning Insurance has not regulated all about cyber insurance, and Indonesia still needs to have a law that regulates data protection. [Methodology/Approach/Design] This research is categorized into the normative legal research type based on the issues and themes raised as a research topic. The research approach used is the conceptual approach, philosophical approach, and analytical approach. The research focuses on analyzing the concept of cyber insurance in protecting data and a study of the urgency of regulating cyber insurance in Indonesia to minimize the impact of losses due to data hacking. [Findings] The results show that the concept of cyber insurance in personal data protection began in the 80s and increased in the early 2000s due to digitization in all areas of people's lives. This significant development was not followed by Indonesia, with a legal vacuum regulating cyber insurance in data protection. Therefore, several things that Indonesia must do, namely Revision of the Law of the Republic of Indonesia Number 40 of 2014 concerning Insurance, Establishment of implementing regulations, need new normalization in overriding the Civil Code. [Practical Implications] This study has legal implications for norming. In addition, it has implications for changes in the concept of insurance in Indonesia because, so far, cyber insurance services are still conventional. [Originality/Value] On an Indonesian scale, this research is the first to comprehensively discuss cyber insurance for data protection
- Digital Transition, Sustainability and Readjustment on EU Tourism Industry. Economic & Legal Analysis
[Purpose] To explain why the tourism sector is so relevant for European economies (specially in Spain), but there are many failures and paradoxes in its public management during the digital transition (from Welfare State Economy to Wellbeing Economics), with more troubles because the COVID-19 crisis and the Ukraine war. [Methodology/Approach/Design] This is a heterodox review on Political Economy, Macroeconomics, Labor Economics and Business Management, focused on the readjustment effect into the tourism industry due to the impact of the digital transition and its aggravation with the COVID-19 crisis and the Ukraine war. The objective of this review is to try to explain the current situation (not to predict anything), so it is applied the theoretical and methodological frameworks of the heterodox synthesis, mixing the genetic-causal approach by Austrian Economics with the historical-comparative approach by New-Institutional Economics. [Findings] This review explains the failures and paradoxes in the public management of the tourism sector transition because there is a resistance to change, and there is not an adaptation in the production process and its economic structure. In an overview, the resistance is observed in the switch of economic model (from Welfare State Economy to Wellbeing Economics) and labor relations (from repetitive-technicians directed to talent collaborators with autonomy). Focused in the tourism industry, the digital transition can help to offer better travel experiences. [Practical Implications] The readjustment effect can help to improve the European economies, specially for the Spanish case, where the tourism industry is the main sector of its economy. With this proposal is possible to take the digital advantage and its changes to become more productive and profitable, with greater wellbeing level for workers and society. [Originality] This review introduces the heterodox synthesis, moving from econometric foundations (based on statistical approach to get predictions and equilibrium point), to mainline foundations (based on principles and empirical evidence on incentives, efficiency and institutional-quality)
- Identity of the Suspect in Cyber Sabotage
- Criminological Features of the Cybersecurity Threats
- Legal Regulation of Electronic Money Turnover. Global Trends
[Purpose] To analyse the existing trends in the turnover of electronic money, and their relationship with the conventional cash turnover on the territory of the Eurasian Economic Union (EEU), in particular, in the legal system of the Republic of Kazakhstan (RK). [Methodology/Approach/Design] Deduction, content analysis, comparative analysis, and other general and special research methods were used. [Findings] As a result, the existing problems in the functioning of the type of money considered in this study were analysed. The study includes recommended measures to introduce amendments to legislation aimed at removing barriers to the functioning and circulation of electronic money, which will benefit the economic system of the given state. [Practical Implications] The information presented in this article can be useful material for representatives of public authorities in the implementation of reforms to modernise the economic system, for a wide range of readers interested in the development of digital technologies and their impact on the commercial activities of subjects of the economic life of society
- Sobre fronteiras, cavalos e gatekeepers a evolução do debate de interoperabilidade e acesso às redes no direito cibernético
[Propósito] O artigo busca caracterizar a evolução do debate regulatório de interoperabilidade e acesso às redes na trajetória evolutiva da Internet. [Metodologia] A partir de uma pesquisa bibliográfica sobre a produção acadêmica de direito cibernético e estudos de caso nos Estados Unidos e na Europa, são identificados os objetivos e o papel desempenhado pela regulação das condições de acesso às redes. [Resultados] De pouca ou nenhuma preocupação regulatória no surgimento da Internet, a interoperabilidade se converte em uma questão relevante a partir da identificação da assimetria de poderes dos participantes das redes, alguns inclusive com capacidades para limitar ou impedir o fluxo de informações, surge então o conceito de gatekeeper. Com a reorientação de poderes de barganha da cadeia produtiva da Internet, maior atenção tem sido conferida à camada de conteúdos e aplicações. Apesar de desafios inerentes à sustentabilidade de desenhos regulatórios muito prescritivos, garantias de interoperabilidade se mostram fundamentais à livre circulação de ideias, dados e informações, capazes de preservar uma Internet livre, plural e aberta à inovação
- The Right to be Forgotten as a Special Digital Right
[Purpose] The purpose of this study is to investigate aspects of digital law in Ukraine and other countries of the world in the context of the right to be forgotten. [Methodology/Approach/Design] To achieve the objective, induction, deduction, and comparative analysis were used, both the proximate topics and aspects of the legal framework of different countries together with the legal information provided by online services were considered. [Findings] The study identified the main features of the right to be forgotten in different countries, the impact of the European Union Court of Justice and European Court of Human Rights on it and the little-studied intricacies of the legal aspect of this mechanism. [Practical Implications] This paper can be of interest both as introductory material and as a basis for further study because there is a growing human need to be able to control personal data in the face of the expanding phenomenon of globalization and digitalization
- Autonomous Robots and Their Legal Regime in the Context of Recodification of Civil Legislation of Ukraine
[Purpose] The issues of understanding what a robot is as an object of civil legal relations and the civil law regime that must be applied to ensure effective legal regulation of relations related to the use of robotics require legal solutions. Special attention should be paid to the study of liability for damage caused by robotics to a person or their property. [Methodology/Approach/Design] The main methods on which this work was based are the method of systematization and the method of analysis. The article summed up various basic materials related to robots as objects of civil legal relations, as well as the impact of their existence on the current development of the world. [Findings] Considering the purpose of robotics in the modern world, it is proposed to carry out legal regulation of robotics relations using an approach of the extension of civil law regulation applied to things. This does not exclude the introduction of special rules that will apply exclusively to robots as objects
Documentos em destaque
- Regulação do Setor de Telecomunicações em 2015
- Online Dispute Resolution, Alternative Dispute Resolution Mechanisms and Artificial Intelligence for decongesting the administration of justice.
Purpose - This article seeks to analyze Online Dispute Resolution (ODR) in relation to Alternative Dispute Resolution Mechanisms, Artificial Intelligence and its effectiveness at decongesting the administration of justice. Methodology/approach/design - The research was qualitative analytical, is...
- Acceptance sent through email; is the postal rule applicable?
Purpose - This paper focuses on the application of the postal rule to email, due to the controversy surrounding the application of the “instantaneous” test to emails. Methodology/approach/design - This article analyses standards and literature on the formation of contract under English law....
- La Valoración de la Prueba Electrónica y de la Prueba Documental en el Ámbito Civil: Diferencias e Implicaciones
[Propósito] Analizar el proceso de valoración de la prueba electrónica en el ámbito civil en la legislación colombiana, desde la óptica diferencial de la prueba documental, observando los elementos técnicos particulares de este medio de prueba. [Metodología] Esta investigación es de tipo doctrinal...
- Direitos de propriedade intelectual sobre objetos criados por inteligência artificial
[Purpose] The article aims to comprehensively analyze intellectual property rights concerning objects created by artificial intelligence. In particular, to identify and explore theoretical and methodological approaches to the definition of artificial intelligence; to study the process of...
- Digital Transition, Sustainability and Readjustment on EU Tourism Industry. Economic & Legal Analysis
[Purpose] To explain why the tourism sector is so relevant for European economies (specially in Spain), but there are many failures and paradoxes in its public management during the digital transition (from Welfare State Economy to Wellbeing Economics), with more troubles because the COVID-19...
- A eficácia do direito contratual francês diante dos gigantes da Internet
Propósito - O artigo examina o direito francês dos contratos para aferir a sua aplicabilidade à regulação das empresas gigantes da Internet. Ele evidencia que as reformas atuais do direito contratual francês não tem sido efetiva para produzir resultados imediatos em termos de proteção dos...
- Sistemas de ia en la experiencia del Supremo Tribunal Federal brasileño y la Corte Constitucional colombiana: análisis prospectivo
- Regimen Comunicacional por Medios Telematicos
[Propósito] Analizar y determinar cuál es el impacto de los medios telemáticos en el ejercicio del régimen comunicacional entre niños, niñas y adolescentes y sus progenitores, haciendo hincapié en la transformación generada por las restricciones de movilidad derivadas del Covid-19. [Metodología/Enfo...
- The Practices of Advanced Countries in the Legal Regulation of Intellectual Property Objects Created by Artificial Intelligence
[Purpose] The purpose of this study is to outline the general features of legal regulation in advanced countries of artificial intelligence in the field of intellectual property law, namely in the context of legal regulation of intellectual property rights created by such artificial intelligence. [M...