Masaryk University Journal of Law and Technology

Journal Information
ISSN / EISSN : 1802-5943 / 1802-5951
Published by: Masaryk University Press (10.5817)
Total articles ≅ 99
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Francesca Gennari
Masaryk University Journal of Law and Technology, Volume 15, pp 153-174; https://doi.org/10.5817/mujlt2021-2-1

Abstract:
This early stage research article aims to outline an issue that, though not strictly connected to the cyber-sphere, is most likely going to affect it. Standard Setting/Developing Organisations (SSOs/SDOs) are getting more and more important in the electronics manufacturing field and also in the IP field by setting de facto mandatory rules for products to be safer but, most importantly, more efficient. Standards create trust in complex objects such as IoT devices, that are increasingly more available, especially the ones for the house. It is worth mentioning that the standards these organisations envision are not comparable to legislation but carry a significant ‘moral’ weight (soft law). However, these organisations are private in character and work on a voluntary basis. The problem lies in the creation of the standard when the essentiality of a patented innovation has to be assessed. These processes rely on the self-certification of businesses that their invention is truly essential to the development of a certain standard, which has led to a proliferation of new Standard Essential Patents (S.E.P.s). But in this case, there are no means to ensure some form of liability of these organisations when defects and shortcomings arise. It is argued that unless some form of liability is created for these organisations, IoT objects will never gain the trust of final users.
, Tereza Novotná
Masaryk University Journal of Law and Technology, Volume 15, pp 225-246; https://doi.org/10.5817/mujlt2021-2-4

Abstract:
Some of the recent network citation analyses that in continental legal settings have suggested that the most cited decisions (in terms of network citation analysis those with the highest indegree, or authority score) tend to be related to procedural issues, or issues of a more general nature, capable of being referred to in a more varied situations. While it may seem intuitive that decisions with the highest indegree centrality or authority score would settle issues of a more general nature, hence making them more widely applicable to various kinds of subsequent cases, we were wondering, whether this trend would be noticeable in less exposed decisions. To this end, we have conducted a case study within the boundaries of the Czech legal system. We have chosen five decisions containing a chosen keyword based on their indegree centrality in a corpus of Czech apex courts’ decisions. Subsequently, we have constructed eleven strings of decisions (connected to one another by a citation) leading to these five decisions, again paying attention to their indegree. We theorize that the decisions with higher indegree centrality as well as decisions with higher authority score will be cited in situations seeking a case-law argument for either procedural issue, or an issue of a more general nature, or an issue of principle, while the decisions with low indegree centrality or low authority score will be cited for their substantive law merit. This paper seeks to demonstrate how the network analysis in combination with a qualitative approach may serve as a useful approach in further exploring this hypothesis. We show that the actual citation environment in Czech legal setting might be more complex than this hypothesis suggests, but that this methodological approach may be further useful in exploring the normative nature of judicial decisions in non-precedential legal settings.
Jan Kolouch, Tomáš Zahradnický, Adam Kučínský
Masaryk University Journal of Law and Technology, Volume 15, pp 301-341; https://doi.org/10.5817/mujlt2021-2-7

Abstract:
The article deals with the issue of cyber security, specifically the security of medical facilities. The introduction summarizes and briefly analyzes the cyber attacks demonstrated on Czech health care facilities in the period from 12/2019 to 1/2021, together with the procedures adopted by the responsible authorities. The article also newly presents the current regulatory requirements for cyber security of hospitals. In the context of past attacks and based on analyzes of attacks, current legislation and events, the article will provide an opinion on whether the requirements for cyber security of hospitals are set sufficiently or whether this area should be revised. At the same time, measures will be recommended to strengthen the cyber security of hospitals.
Jana Soukupová
Masaryk University Journal of Law and Technology, Volume 15, pp 279-300; https://doi.org/10.5817/mujlt2021-2-6

Abstract:
In recent years, disruptive legal technology has been on the rise. Currently, several AI-based tools are being deployed across the legal field, including the judiciary. Although many of these innovative tools claim to make the legal profession more efficient and justice more accessible, we could have seen several critical voices against their use and even attempts to ban these services. This article deals with the use of artificial intelligence in legal technology and offers a critical reflection on the current state of the art. As much as artificial intelligence proved that it could improve the legal profession, there are still some underlying risks connected to the technology itself, which may deem its use disturbing.
Lucas Cardiell
Masaryk University Journal of Law and Technology, Volume 15, pp 247-278; https://doi.org/10.5817/mujlt2021-2-5

Abstract:
Robots, particularly the ones that belong to a special type of robotic technologies designed and deployed for communicating and interacting with humans, slip into more and more domains of human life - from the research laboratories and operating rooms to our kitchens, bedrooms, and offices. They can interact with humans with facial expressions, gaze directions, and voices, mimicking the affective dynamics of human relationships. As a result, they create new opportunities, but also new challenges and risks to peoples’ privacy. The literature on privacy issues in the context of Social Companion Robots (SCRs) is poor and has a strong focus on information privacy and data protection. It has given, however, less attention to other dimensions of privacy, e.g. physical, emotional, or social privacy. This article argues for an “evolving” or “transformable” notion of privacy, as opposed to the “elusive” concept of privacy elaborated by leading privacy theorists such as Daniel J. Solove (2008) and Judith J. Thomson (1975). In other words, rather than assuming that privacy has a single core or definition (as defined, e.g., in Warren and Brandeis' 1890 paper), it maintains that it is important to conceptualize privacy as distinguishable into various aspects, including informational privacy, the privacy of thoughts and actions, and social privacy. This inductive approach makes it possible to identify new dimensions of privacy and therefore effectively respond to the rapid technological evolution in AI technologies which is constantly introducing new spheres of privacy intrusions.
Masaryk University Journal of Law and Technology, Volume 15, pp 175-196; https://doi.org/10.5817/mujlt2021-2-2

Abstract:
Free and open source software (FOSS) has undoubtedly become an important element of intellectual property law. It is therefore not surprising that the European Commission developed its own non-proprietary licence, i.e. the European Union Public Licence (EUPL). The article examines the reference to ‘a work of software’ to determine the scope of the licence. For this purpose, the paper discusses the reasons for the creation of the EUPL, the relationship between a work and software as well as the structure of a computer program. The following considerations also include the compatible licences listed in the EUPL Appendix. The article concludes that the reference to a work or software is not accidental because it removes serious doubts arising from the concept of a computer program. Thus, this legal solution may facilitate the wider adoption of the licence.
Silvia Lattová
Masaryk University Journal of Law and Technology, Volume 15, pp 197-224; https://doi.org/10.5817/mujlt2021-2-3

Abstract:
Digitalization is bringing new challenges, including the way how people used to work. The future of work is uncertain. Technology driven innovations are changing the way, how society react to such development by creating different types of jobs and workplaces. What is important today can be redundant tomorrow. Having said that the labour law and civil law will most probably need to react in certain way. The main aim of this paper is to focus on the specific types of activities – such as virtual work or crowd work as well as on relationships between digital platforms, workers, employers and clients while offering and providing services via online platforms. Further the paper will outline the responsibility of online platforms if considered to be in a position of an employer. Due to the lack of compliance with labour laws related duties the online platforms are gaining the unfair competition advantage comparing with "traditional" employer. When it comes to the virtual workers, they can potentially suffer from inadequate or limited access to the certain kind of protection (when compared to the "traditional" employees).
Mirko Pečarič
Masaryk University Journal of Law and Technology, Volume 15, pp 85-118; https://doi.org/10.5817/mujlt2021-1-4

Abstract:
A major unanswered question in regulation concerns the application of cognitive diversity and various data as inputs for the creation of general legal rules. The paper claims this diversity can be assured with the help of algorithmic planning. Classical regulation is hence put under question due to its inability to quickly adapt to changing conditions, where relations per se change also intentions, tools and goals. The paper proposes two paths towards a computational simulation of legal situations: with the help of algorithms that can ensure the needed adaptability and relevancy of hidden data correlations, and with collective intelligence based on human inputs where data for algorithms is not available. The aim of this work is to extend the pre-regulatory practice of extracting information from data with the help of algorithms to determine patterns and predict future results and trends (written now as general legal rules). Nowadays, algorithms could be used at least as advice, especially in a prepreparation, draft phase of legal acts.
Michaela Dvořáková
Masaryk University Journal of Law and Technology, Volume 15, pp 141-149; https://doi.org/10.5817/mujlt2021-1-6

Abstract:
Phippen, A.; Brennan, M. (2020) Sexting and Revenge Pornography. Legislative and Social Dimensions of a Modern Digital Phenomenon. Abingdon, New York: Routledge, 164 p.
Rastislav Funta
Masaryk University Journal of Law and Technology, Volume 15, pp 119-140; https://doi.org/10.5817/mujlt2021-1-5

Abstract:
A special feature of digital markets and digital business models is the high importance of (user) data. The control and the ability to analyze large amounts of data (big data) can create competitive advantage. Thus, the importance of data for the economic success of companies should be given more consideration in competition law proceedings. In search services competition, the quality factor plays a decisive role, since the expected quality of the search results determines which search engine will be used by users. Since search engines can influence the retrievability of web pages for users, preference of own search services in the web index may constitute an abusive behavior of a dominant search engine. The purpose of this paper is to provide answers on questions, among other, whether a regulation aimed at preventing abuses is necessary or whether an obligation to publish the search algorithm may be advocated.
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