RETRACTED: Information security: Legal regulations in Azerbaijan and abroad

Aliyev, Amir I; Ibrahimova, Aytakin Nazim; Rzayeva, Gulnaz

doi:10.1177/0165551520981813

Cited by 5 publications

(8 citation statements)

References 21 publications

(35 reference statements)

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“… 511  Another point to consider here is that the new legal rules are borderless 1 . However, this approach proposed in the 90s was not implemented in practice.…”

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confidence: 99%

“…There is no legal certainty as to the law to be applied in this system when assessed from the perspective of the infringer. Therefore, a fair balance between the parties will not be achieved 1 .…”

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confidence: 99%

“…For example, as early as 2002 in Firth v. State of New York, the plaintiff claimed that his business reputation had been permanently damaged due to unfair content available on the Internet. However, the court treated the publication date of the uploaded content as the date it was placed on the Internet, likened it to a book first made available to the public, and accepted that there would be no new infringement 1 .…”

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confidence: 99%

“…Because content on the Internet can be viewed simultaneously from anywhere with Internet access. In this regard, first of all, when determining the place of damage, not only the place of access should be 1 Firth v. New York, 775 N.E.2d 463. URL: https//law.justia.com/cases/new-york/court-ofappeals/2002/98-n-y-2d-365-1.html.…”

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confidence: 99%

“…The mosaic principle leads to the fragmentation of claims within all possible forums. Each court will have jurisdiction to decide on damages limited to the relevant national territory 1 .…”

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confidence: 99%

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The Impact of the Problems of Determining Jurisdiction in the Virtual Space on the Provision of Human Rights and Freedoms

HUMBATOV

2024

ВКАУ

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In many cases, the existing legal regulations are not adequate to solve the legal problems created by the Internet. Solving the legal problems created by the Internet with existing positive regulations is a situation specific to the special field of law. In cases where the existing normative documents are insufficient, it is considered appropriate to add new provisions that complement each other, and if this is not possible, to make independent legal regulations. The fact that such arrangements are based on doctrine rather than spontaneity can ultimately lead to successful practice. Therefore, the interpretation of the human rights aspect of issues related to virtual space is one of the most important topics today. The most important issue related to the protection of human rights violated in the virtual space is the resolution of the issue of jurisdiction. Issues related to the Internet have also been reflected in all international declarations adopted in the field of information society construction, including the provision of information rights. At the regional level, the Declaration "On Freedom of Communication on the Internet" adopted by the Committee of Ministers of the Council of Europe in 2003, the Recommendations of the Committee of Ministers of the Council of Europe on the Human Rights Guide for Internet Users to Member States, etc. such documents are of special importance for the regulation of Internet legal relations. However, no international norm fully covers the issue of jurisdiction in virtual space. In the presented article, as a result of the research, it was concluded that it is necessary to create unified substantive and procedural legal norms that are mandatory for all in order to solve jurisdictional problems in the virtual space. Acceleration of integration and globalization processes in the world increases the interest of states in the unification of their legal norms. Because the countries of the world, which often protect their citizens from violations of their rights on the Internet, as well as from more dangerous information wars and psychological attacks, need the existence of a unified legal regulation. For this purpose, the creation and unification of legal norms that resolve jurisdictional issues in the virtual space should be implemented at different levels: bilateral, regional and universal levels

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“… 511  Another point to consider here is that the new legal rules are borderless 1 . However, this approach proposed in the 90s was not implemented in practice.…”

mentioning

confidence: 99%

mentioning

confidence: 99%

mentioning

confidence: 99%

mentioning

confidence: 99%

“…The mosaic principle leads to the fragmentation of claims within all possible forums. Each court will have jurisdiction to decide on damages limited to the relevant national territory 1 .…”

mentioning

confidence: 99%

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The Impact of the Problems of Determining Jurisdiction in the Virtual Space on the Provision of Human Rights and Freedoms

HUMBATOV

2024

ВКАУ

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Artificial Intelligence Policy and Regulation in Medicine: Navigating the Promise and Challenges

Yusif-Zada,

Iskandarova

2023

2023 IEEE Global Conference on Artificial Intelligence and Internet of Things (GCAIoT)

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Features Digital Government and Security Legal Regulation in Contemporary Russia

Morozova¹,

Smirnova²

2023

POLITEX

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Digital reality is becoming an integral part of the modern world, in which there are new ways of interaction between individuals and the functioning of state institutions. The COVID-19 pandemic has presented the concepts of «digital state» and «digital citizen» as a kind of challenge not only to the state, but also to society itself, which necessitated clarification and legitimization of these concepts in the legal field of the Russian Federation. The article reveals the key features of the Russian practice of digital governance and security legal regulation. Based on an analysis of the existing legislative framework in the Russian Federation in the field of digitalization and digital security, and, in particular, such significant initiatives in recent years as the draft Concept «Ensuring the protection, rights and freedoms of man and citizen in the digital space», as well as relying on a significant amount of accumulated over decades of research on scientific knowledge on this topic and statistical data (Global Cybersecurity Index), the authors identify both the strengths and weaknesses of modern Russian digital law. So, if high-quality legal regulation of a strategic orientation was singled out as the main positive feature of domestic legislative practice in the context of digitalization, then the intersection and imposition of the norms of different branches of law, together with the lack of legal norms’ systematization, were identified as the central problem of modern Russian digital legislation. The final part of this article is a set of proposals and recommendations for improving the legislative regulation of digital governance and security. The authors propose to pay more attention to public authorities to control the implementation of cybersecurity policies, as well as legislate the distribution of powers and responsibilities among the relevant government agencies.

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RETRACTED: Information security: Legal regulations in Azerbaijan and abroad

Cited by 5 publications

References 21 publications

The Impact of the Problems of Determining Jurisdiction in the Virtual Space on the Provision of Human Rights and Freedoms

The Impact of the Problems of Determining Jurisdiction in the Virtual Space on the Provision of Human Rights and Freedoms

Artificial Intelligence Policy and Regulation in Medicine: Navigating the Promise and Challenges

Features Digital Government and Security Legal Regulation in Contemporary Russia

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