scholarly journals Information as a Generic Concept of Certain Objects of Civil Rights (The Case of Digital Rights)

Legal Concept ◽  
2020 ◽  
pp. 64-68
Author(s):  
Natalia Aleksandrova ◽  
2017 ◽  
Vol 19 (5) ◽  
pp. 431-447 ◽  
Author(s):  
Guy T. Hoskins

On Congressional approval in 2014, Brazil’s charter of civil rights for the Internet, the Marco Civil da Internet, was widely acclaimed as a template for national Internet policy elsewhere in the world. This was the result of a phenomenon I dub “draft once; deploy everywhere,” a pervasive belief in the universality of Internet law. This presumption underpins multiple charters of Internet rights drafted by digital rights organizations and policymakers. By showing how the Marco Civil was bitterly contested by blocks of powerful actors, the role played by Brazil’s recent history of dictatorship as well as its status at the margins of the global digital economy, I problematize the Marco Civil’s status as a global blueprint. This matters because without proper contextualization, the effective transfer of Internet law across national jurisdictions will be harder to realize, and their democratic virtues will prove more elusive.


2020 ◽  
pp. 27-39
Author(s):  
Vladimir G. Blinov ◽  
Viktoriya V. Blinova

A huge interest in learning digital technologies is noted these days. However, at the same time it is necessary to note insufficient degree of available information on this topic, which is due to this phenomenon's novelty. The relevance of the research topic is determined by the need to analyze comprehensively the litigation practice on applying the legislation on digital rights. The need for this research is due to the lack of a comprehensive legal regulation of new digital technologies, lack of uniform judicial practice on applying the legislation on digital rights. This paper considers and analyzes modern law enforcement approaches to cryptocurrency as an object of civil rights, to transactions with cryptocurrency, dissemination in the Internet of information about cryptocurrency as a virtual means of payment and saving in the territory of the Russian Federation, taxation of digital assets existing in litigation practice. The legal positions of the Bank of Russia, Rosfinmonitoring, FTA of Russia on problematic issues of digital rights are investigated.


Author(s):  
G. K. DMITRIEVA

The paper deals with the problems of applying the conflict method of regulating relations connected with the introduction into the Russian Federation of digital assets that have become particularly relevant in recent times. A number of legislative initiatives aimed at regulating relations on the creation and / or exchange of digital financial assets are analyzed. The author defines digital rights — digital codes or designations that exist in the decentralized information system, they certify the rights of the holder of unique access to them to other («real») objects of civil rights, with the exception of intangible benefits. The author proposes to legislatively fix the rules that determine the location of an auction, competition or exchange location on the Internet by the location of the party organizing such an auction, competition or exchange. If that is not possible, the location is determined based on information on their location or location on the corresponding website, or by the domain name that provides the holding of such an auction, competition or access to an electronic exchange.


Author(s):  
Yana Breindl

European Institutions constitute venues of access for digital rights advocacy networks wishing to influence policy-making on issues of intellectual property rights, internet regulation, and the respect of civil rights in digital environments. Inspired by the hacker imaginary and free and open source principles, digital rights advocacy networks make intensive use of internet tools in order to organize and consolidate a collective identity and build a transnational public sphere. This study focuses on the “No Software Patents” campaign that aimed at influencing the directive on the patentability of computer-implemented inventions (2002-2005) and on the “Telecoms package” campaign, with the objective to remove “graduated response” amendments within a wider set of European telecommunication directives (2007-2009). By discussing the advocacy techniques – both online and offline – that were developed by this activist network, we provide an insight into power struggles that are currently taking place in Europe, but also in other regions of the world.


2020 ◽  
Vol 11 ◽  
pp. 24-31
Author(s):  
R. N. Adelshin ◽  

The article deals with the provisions on changing the norms of the Civil Code of the Russian Federation on liability for new civil rights objects, for information technology, derivative financial instruments or their equivalents. The issues of liability regarding digital financial assets, digital rights, as future, new objects of civil rights on the basis of the contract are touched upon. The author analyzes the new provisions of Federal Law № 34 of March 18, 2019, as well as legislation in general and practice in terms of determining the legal status of parties to contractual relations.


2021 ◽  
Vol 6 (157) ◽  
pp. 182-184
Author(s):  
Isabella Vladimirovna DAMBAEVA ◽  
Keyword(s):  

2020 ◽  
Vol 22 (4) ◽  
pp. 37-41
Author(s):  
MARIA A. LIPCHANSKAYA ◽  

The article examines the meaning of digital rights in the constitutional and legal aspects. The author criticizes the concept of digital rights as new objects of civil rights in domestic civil legislation since it contradicts the established world practice in understanding such a term as “digital rights”, as well erroneously ascribes certain powers of other subjective rights as independent ones, which can be realized through digital technologies. The article considers the incorrect assignment to digital rights of some constitutional rights, enshrined in the Russian constitution (rights to information, the right to privacy, freedom of the media). According to the author, digital rights in the constitutional and legal framework should be considered only those that either appeared along with the emergence of modern digital technologies, or acquired a significantly new meaning. The article gives some examples of such rights (the right to Internet access; the right to communication; the right to protection from machine processing of information) and states the conclusion on the formation of a constitutional and legal institution of digital rights at the present time.


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