Law, State and Telecommunications Review
The Law, State and Telecommunications Review publishes two annual issues released on May and October since May 2018 and one annual issue released on May uninterruptedly since May 2009. The journal mission is to publish legal and interdisciplinary analyses on telecommunications and communications focused on policy and regulation of communications services, telecommunications services, Internet-based services and rights, such as the right to communicate, to publish, to private exchange, to design communication platforms, and other related topics, such as privacy, intellectual property, universal access, convergence, satellite and spectrum regulation, telecommunication licensing and regulatory design, independent agencies, deregulation, e-commerce, big data, net neutrality, and so forth, with emphasis on national and foreign experiences through the lenses of legal and regulatory theories. It accepts submissions in English, Spanish, and Portuguese. It does not charge for processing, submission, or publishing the articles. Authors are allowed to hold the copyright of their paper without restrictions. We welcome paper submissions all year round. They will undergo rigorous peer review process by anonymous refereeing of independent expert referees. The Law, State and Telecommunications Review is a journal maintained by the University of Brasilia and edited by the Telecommunications Law Research Group of the School of Law Center on Law and Regulation. The journal adopts structured abstracts with clear indication of purpose, methodology/approach/design, findings, practical implications, and originality/value of the papers. Keywords should depict the actual content of the article and be limited to five, according to the ABNT NBR 6028 standard. The journal adopts the ABNT NBR (Brazilian Association of Technical Standards) citation and reference format. Please follow the instructions for submission by clicking here.
Núcleo de Direito Setorial e Regulatório - Faculdade de Direito - Universidade de Brasília
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A (falta de) capacidade distintiva dos nomes de domínio à luz do ordenamento jurídico português
[Purpose] The text addresses the admissibility of registering domain names without distinctiveness, in particular generic and descriptive expressions. In this way, it seeks to deepen the debate on the classification of domain names as atypical distinctive signs, helping to clarify the issue of exclusivity associated with it. [Methodology] Analysis of the Regras de Registo de Nomes de Domínio de .PT, as well as the relevant doctrine and case law on domain names. Comparison with the legal framework of trademarks and trade names, which are paradigmatic examples of typical distinctive signs. [Findings] The registration of domain names without distinctiveness constitutes a restriction on freedom of competition, contrary to the requirement of availability. It also encourages speculative and abusive behaviour, which may constitute unfair competition.
Internet. Domain names. Exclusivity. Distinctiveness. Unfair competition.
Copyright (c) 2025 Law, State and Telecommunications Review http://creativecommons.org/licenses/by/4.0
We are delighted to present a diverse collection of articles that delve into the impact of digital transformation in the legal field on data cybersecurity, problems and prospects of digitalisation in jurisprudence for cyber protection of information, addressing legal gaps in AI regulation for national security in Ukraine's defense sector, AI and telecommunication privacy with legal protections against algorithmic surveillance, mitigating security threats in sharing medical data, ethical and sustainable AI regulation in Colombia, comparative legal analysis of electronic government services to citizens and entities, latest criminalistic tools in cybercrime investigation from international and Ukrainian experience, problems of legal protection of trademarks on the internet in Kazakhstan, protection of cybercrime victims in the era of Industry 4.0, the right to privacy in the digital era through electronic surveillance in Cuban penal processes, the impact of artificial intelligence on electoral processes.
Masthead, Editorial Board, Double-Blind Peer-Reviewers, Table of Contents
Journal Info DOI: https://doi.org/10.26512/lstr.v17i2 Scopus Q2 (CiteScore rank 2024 51st, CiteScore 2024 1.1, SJR 2024 0.172, SNIP 2024 0.537) Editor: Prof. Marcio Iorio Aranha (University of Brasilia, BRAZIL) Editorial Board: Prof. Marcio Iorio Aranha (University of Brasilia – BRAZIL), Prof. André Rossi (Utah Valley University - USA), Prof. Ana Frazao (Universidade de Brasilia - BRAZIL), Prof. Clara Luz Alvarez (Universidad Panamericana - MEXICO), Prof. Diego Cardona (Universidad de Rosario - COLOMBIA), Prof. Flavia M. S. Oliveira (Universidade de Brasilia - BRAZIL) Prof. Francisco Sierra Caballero (Universidad de Sevilla - SPAIN), Prof. Fabio Bassan (Universitá degli Studi Roma Tre - ITALIA), Prof. Hernán Galperin (University of Southern California - USA), Prof. Jerônimo Siqueira Tybusch (Universidade Federal de Santa Maria - BRAZIL), Prof. João Alberto de Oliveira Lima (Universidade do Legislativo Brasileiro - BRAZIL), Prof. Judith Mariscal (CIDE - MEXICO), Prof. Liliana Ruiz de Alonso (Universidad San Martín de Porres - PERU), Prof. Lucas Sierra (Universidad de Chile - CHILE), Prof. Luís Fernando Ramos Molinaro (Universidade de Brasília - BRAZIL), Prof. Murilo César Ramos (Universidade de Brasília - BRAZIL), Prof. Raúl Katz (Columbia University - USA), Prof. Roberto Muñoz (Universidad Técnica - CHILE). ISSN: 1984-9729 EISSN: 1984-8161 Periodicity: Annual issues uninterrupted since May 2009 and two annual issues in May and October uninterrupted since May 2018. Mission/Scope/Focus: http://periodicos.unb.br/index.php/RDET/about Submission process: Authors are requested to submit their papers following the instructions at http://periodicos.unb.br/index.php/RDET/about/submissions. The journal adopts the double-blind peer review process. Archiving policy: LOCKSS-CARINIANA, DOAJ and Brazil’s Senate Library. Indexation: SCOPUS (Elsevier); CROSSREF; ROAD; THE KEEPERS; LATINDEX (28283); EBSCOhost research databases (EBSCO Publishing Inc.); Gale Group; AE Global Index; OAI (Open Archives Initiative) - DOAJ (Directory of Open Access Journals); WorldCat; Google Scholar; The European Library; CIEPS (Centre International d’Enregistrement des Publications en Série); Sistemas SEER e Diadorim, do IBICT. Permanent Web Identifier: LexML and DOI. Manuscript Submission Process Authors, please submit here: http://periodicos.unb.br/index.php/RDET/about/submissions Submission time frame: The L.S.T.R. submission process is open all year round. Papers selected will be tentatively scheduled for publishing in the next issue. Languages accepted: English, Spanish and Portuguese. Formal requirements: The easiest way to follow this journal’s formal requirements is to download the template in English from the L.S.T.R. website, in the section “Author Guidelines” and replace the content with your own material. The template file contains specially formatted styles (e.g., Normal, Heading, Footer, Abstract, Subtle Emphasis, and Intense Emphasis) that will reduce the work in formatting your final submission. The following instructions are already embedded in the template, but they are transcribed below in case you prefer to apply them directly to your paper. Please use the following coordinates for the page setup: Top (1.93 cm); Bottom (1.93 cm); Inside (1,93 cm); Outside (1,52 cm); Gutter (0,36 cm); mirror margins; page size customized for width (15,24 cm) and height (22,86 cm); different odd and even pages; Layout from Edge (Header: 0,89 cm; Footer: 0,76 cm). Right margins should be justified, not ragged. Please use a 10-point Times New Roman font or, if it is unavailable, another proportional font with serifs, as close as possible in appearance to Times New Roman 10-point. On a Macintosh, use the font named Times and not Times New Roman. Also, quotations of more than two lines should be written in Times New Roman, 10, scale 90%, line spacing exactly 10 pt. Legal texts should be cited as Times New Roman, 10, scale 80%, line spacing exactly 10 pt, “Don’t add space between paragraphs of the same style” marked, indentation left 1.78 cm and right 1.78 cm. For reference purpose, please use the ABNT NBR style or APA. Structured abstract: The L.S.T.R. adopts structured abstracts embedded in the template below. Template: https://periodicos.unb.br/index.php/RDET/information/authors.
[Purpose] This article examines the evolving role of the Spanish government in national digital transformation strategies, especially in the context of post-COVID-19 recovery and European digital policy frameworks. [Methodology/approach/design] The study employs a mixed-methods, single-case study design that integrates qualitative content analysis with semi-automated quantitative content analysis using the R programming language. It systematically analyzes national strategy documents to uncover the government’s role in digitalization policies over time. [Findings] The findings reveal a marked evolution in Spain’s digitalization strategies from early infrastructure-oriented initiatives toward a more comprehensive, cross-cutting approach led by central government institutions. Recent strategies, such as Digital Spain 2025 and 2026, reflect a growing emphasis on public investment and multi-level governance and a shift from hierarchical control to collaborative public-private frameworks. The government increasingly assumes a dual role as both regulator and innovation facilitator. [Practical implications] The study provides actionable insights for policymakers, highlighting how state-driven strategies can integrate public-private collaboration, prioritize digital inclusion, and align with broader EU objectives. It also illustrates the utility of content analysis tools in digital policy evaluation. [Originality/value] This research contributes to the literature on digital governance by offering a longitudinal analysis of Spain’s digital strategies and proposing a conceptual framework for understanding government roles in digital transformation. It reveals how the Spanish state combines hierarchical mechanisms with networked governance models to drive national digitalization.
Digital transformation. Digitalization Strategies. Entrepreneurial State. European Union. Public-Private Collaboration. Spain.
Problems of Legal Protection of Trademarks on the Internet
[Purpose] The study aims to assess the existing legal mechanisms for the protection of trademarks on the Internet in Kazakhstan to identify their shortcomings and develop proposals for their improvement. [Methodology/approach/design] The study conducted a comprehensive analysis of the Civil Code of Kazakhstan and Law No. 456-I “On Trademarks, Service Marks, and Appellations of Origin” using the formal legal method, assessed digital threats through a technology audit, and compared international approaches to trademark protection. [Findings] The main results of the study revealed the problems associated with the protection of trademarks in the Internet environment. Significant gaps in national legislation that hinder the effective suppression of online trademark infringement were identified. A comparative analysis of the legal systems of the United States, China, Germany and France showed that the approaches to intellectual property protection in Kazakhstan differ significantly from international standards, making it difficult for right holders to enforce their rights outside the country. The study also showed that existing enforcement mechanisms are often ineffective in the digital environment, where the distribution of content and anonymity of users create additional challenges. Based on these findings, recommendations were made to improve trademark protection in Kazakhstan, emphasizing the development of more adaptive legal instruments for the digital age. [Practical implications] The article highlights gaps in Kazakhstan's trademark protection and suggests legal reforms and tech innovations to improve enforcement and ensure fair competition. [Originality/value] This paper highlights deficiencies in Kazakhstan's digital trademark protection and proposes innovative solutions, offering valuable guidance for policymakers and businesses.
Intellectual Property. Brand. Blockchain. Adaptation of Legislation. Counterfeiting. Digital Environment.
[Purpose] This study analyzes the impact of Generative Artificial Intelligence (AI) on the integrity of the electoral process. [Methodology/approach/design] It employs a multidisciplinary approach that integrates Law, Behavioral Economics, and Nonviolent Communication (NVC) to investigate how AI amplifies electoral manipulation by exploiting voter cognitive biases. [Findings] The paper assesses the risks of regulation, such as censorship and political instrumentalization, and concludes that the technology represents a rupture with historical manipulation tactics due to its scale and precision. [Practical implications] The findings suggest the solution transcends the mere prohibition of AI use and development, and should instead focus on voter empowerment through transparency and education. [Originality/value] Finally, the paper's originality lies in its adoption of Behavioral Economics as an analytical framework for AI's influence and in the innovative application of NVC to develop informational filters that assist communication, thereby strengthening voter autonomy.
Generative artificial intelligence. Electoral process. Algorithmic manipulation. Behavioral economics. Nonviolent communication.
Hacia una regulación ética y sostenible de la inteligencia artificial en Colombia
[Purpose] This paper aims to critically analyze the bill "by means of which artificial intelligence is regulated in Colombia to ensure its ethical and sustainable development," proposed on May 7, 2025, which seeks to harmonize technological innovation with the protection of fundamental rights and sustainable development. [Methodology] To achieve the objective, a qualitative documentary analysis methodology was used, centered on the bill. This was complemented by academic literature, OECD/UNESCO reports, and comparative frameworks, found through strategic searches (databases, keywords, Boolean operators). The documents were critically analyzed, contrasting them with international references, to synthesize critical factors, challenges, and impact in Colombia. [Findings] It is demonstrated that, although the bill presents a robust structure aligned with international standards, its success will depend on overcoming challenges, institutional capacity, and adaptation to the national context. The results also highlight strengths such as the risk-based approach and ethical principles, but also point out crucial challenges in definitions, funding, and in guaranteeing other recognized rights and interests. The main conclusion is that the bill is a valuable milestone for Colombia. However, the materialization of an ethical and inclusive digital future through artificial intelligence requires careful implementation, adequate funding, political will, and active social participation, to ensure that the adaptation of international models is effective and benefits all Colombian society.
Artificial intelligence. Colombia; Bill. Sustainable regulation. Ethics.
We are delighted to present a diverse collection of articles that delve into the Portuguese employee’s right to disconnect, cybercrime prevention in Arab countries, digital ownership, identity and action in Southeast Asia, digital reputation in Civil Law, AI-evidence in money laundering cases in Mexico, artificial intelligence in cyberspace, ethics in e-Commerce through self-regulation, terrorism in the Sahel Region and Information and Communication Technology, law teaching through audiovisual means, cyberbullying and Internet crimes involving persons with mental disorders, digital transformation in the legal sector.
DOI: https://doi.org/10.26512/lstr.v17i1 SCOPUS Q3 - MIAR Index 9.6 - SJR H-Index 4 Editor: Prof. Marcio Iorio Aranha (University of Brasilia, BRAZIL) Editorial Board: Prof. Marcio Iorio Aranha (University of Brasilia – BRAZIL), Prof. André Rossi (Utah Valley University - USA), Prof. Ana Frazao (Universidade de Brasilia - BRAZIL), Prof. Clara Luz Alvarez (Universidad Panamericana - MEXICO), Prof. Diego Cardona (Universidad de Rosario - COLOMBIA), Prof. Flavia M. S. Oliveira (Universidade de Brasilia - BRAZIL) Prof. Francisco Sierra Caballero (Universidad de Sevilla - SPAIN), Prof. Fabio Bassan (Universitá degli Studi Roma Tre - ITALIA), Prof. Hernán Galperin (University of Southern California - USA), Prof. Jerônimo Siqueira Tybusch (Universidade Federal de Santa Maria - BRAZIL), Prof. João Alberto de Oliveira Lima (Universidade do Legislativo Brasileiro - BRAZIL), Prof. Judith Mariscal (CIDE - MEXICO), Prof. Liliana Ruiz de Alonso (Universidad San Martín de Porres - PERU), Prof. Lucas Sierra (Universidad de Chile - CHILE), Prof. Luís Fernando Ramos Molinaro (Universidade de Brasília - BRAZIL), Prof. Murilo César Ramos (Universidade de Brasília - BRAZIL), Prof. Raúl Katz (Columbia University - USA), Prof. Roberto Muñoz (Universidad Técnica - CHILE). ISSN: 1984-9729 EISSN: 1984-8161 Periodicity: Annual issues uninterrupted since May 2009 and two annual issues in May and October uninterrupted since May 2018. Mission/Scope/Focus: http://periodicos.unb.br/index.php/RDET/about Submission process: Authors are requested to submit their papers following the instructions at http://periodicos.unb.br/index.php/RDET/about/submissions. The journal adopts the double-blind peer review process. Archiving policy: LOCKSS-CARINIANA, DOAJ and Brazil’s Senate Library. Indexation: SCOPUS (Elsevier); CROSSREF; ROAD; THE KEEPERS; LATINDEX (28283); EBSCOhost research databases (EBSCO Publishing Inc.); Gale Group; AE Global Index; OAI (Open Archives Initiative) - DOAJ (Directory of Open Access Journals); WorldCat; Google Scholar; The European Library; CIEPS (Centre International d’Enregistrement des Publications en Série); Sistemas SEER e Diadorim, do IBICT. Permanent Web Identifier: LexML and DOI.
Latest Criminalistic Tools and Technologies in the Investigation of Cybercrimes: International and Ukrainian Experience
[Purpose] The purpose of this study was to examine promising technologies for investigating cybercrime based on international experience. [Methodology/approach/design] The study employed comparative legal analysis to assess various legal systems and practices, focusing on the integration of specialized knowledge in cybercrime investigations, with particular attention to European countries. [Findings] The findings highlight the growing role of automation, digitalization, and artificial intelligence (AI) in enhancing the efficiency of criminal investigations. These technologies are increasingly used in the pre-trial and court processes, improving the effectiveness of detecting, investigating, and preventing cybercrimes. The study emphasizes the transnational nature of cybercrime and the importance of international cooperation in addressing the challenges posed by the digital environment. The use of criminalistic tools, such as EnCase™ Forensic, AccessData FTK Imager, and IBM i2 Analyst’s Notebook, has proven critical in advancing forensic science, particularly in the collection and analysis of digital evidence. Despite challenges, including martial law and limited resources in Ukraine, the study advocates for the adaptation of international best practices to improve the country’s cybersecurity framework. [Practical implications] Such a comprehensive approach to these issues ensures the efficiency and effectiveness of criminal justice tasks, considering international standards and the Ukrainian reality of the current military situation.
Martial Law. Digital Environment. Special Knowledge. Artificial Intelligence. Forensic Examination. Digital Technologies. Criminalistic Innovations. Criminal Proceedings. Digital Traces. Digital Forensics. Criminalistic Methodics. Cyber Forensics.
Protection of Victims of Cybercrime in the Era of Industrial Technology 4.0
[Purpose] To ascertain and examine the legal protection available to victims of cybercrime in the context of the advent of Industrial Technology 4.0. [Methodology/approach/design] This paper employs a normative legal research method, utilising a literature study approach to examine the relevant laws, books and journals pertaining to this study. In Indonesia, positive law regulates all acts that are considered deviant and in need of legal regulation, including cybercrime. The prevalence and diversity of cybercrime are on the rise, with perpetrators targeting an increasing number of victims. [Findings] Legal protection for victims of cybercrime in the context of industrial technology 4.0 is enshrined in various legislative instruments. Nevertheless, despite this legal framework, the evolving nature of cybercrime necessitates a more robust approach to ensure that victims are adequately safeguarded.
Cybercrime. Legal Protection. Victims. Industrial Technology 4.0. Legal Arrangements.
Comparative Legal Analysis of Electronic Services Provided by Government Agencies to Citizens and Legal Entities
[Purpose] The purpose of the study was to analyse the regulatory framework governing the provision of e-services in Finland, Estonia, the United States of America and the Kyrgyz Republic. [Methodology/approach/design] The quality of e-service provision in the countries was compared based on the Network Readiness Index (NRI) of 2023, in which the United States was ranked 1, Finland – 4, and Estonia and the Kyrgyz Republic – 22 and 94, respectively. [Findings] It was found that the widespread adoption of e-services is one of the key factors contributing to a country's economic development, as it enhances management efficiency and attracts both investors and specialists. However, such adoption depends significantly on government involvement, particularly through financial support for digital initiatives and the establishment of a robust legal and regulatory environment. The analysis reveals that Estonia, Finland, and the United States are actively working toward creating universal regulatory standards to ensure the quality, accessibility, and security of e-services. In contrast, the Kyrgyz Republic lacks a sufficiently modern and comprehensive legal infrastructure, which hinders the effective regulation and development of electronic services. [Practical implications] Therefore, it was recommended to increase state support for e-services by increasing funding for this sector and revising the current legislation taking into account the successful experience of other countries in Europe and around the world. It was suggested to implement the proposed transformations using the Kurt Lewin model.
Digitalization of Space. Network Readiness Index. Digital Divide. Kurt Lewin's Transformation Model. Legislative Initiatives.
Mitigating Security Threats in the Sharing of Medical Data
[Purpose] The medical field is one of the most regular targets of cybersecurity assaults, which occur extensively worldwide. Medical data security is of extreme importance. Medical data, often stored electronically, faces frequent attacks from both internal and external sources during transmission and storage. Data breaches are an important concern in the healthcare industry. Attackers may target medical data for financial gain or identity theft. Even a single breach can expose sensitive patient information. [Methodology/approach/design] Cybersecurity measures are critical for safeguarding patient information and maintaining the integrity of healthcare applications in an increasingly digital healthcare landscape. [Findings] Legal software systems with updated software are essential, along with ensuring that the medical data is only accessible to authorised persons. [Practical implications] This paper explores the areas of cybersecurity relevant to healthcare applications, emphasizing the risks posed by well-known threats such as WannaCry, Medjack, NotPetya, and brainjacking.
Cybersecurity. Medical data. Healthcare applications. Data breaches. Ransomware.
[Purpose] This paper explores how artificial intelligence (AI) can aid in the integration of telecommunication networks, and how it will affect privacy. It talks about the threats that AI brings to consumer privacy, such as algorithmic monitors that are challenging and explain what does and doesn’t seem to be working to protect consumer privacy in present legislation. The purpose is to study the integration of AI and telecommunication data privacy to find that there is a need to have new set of laws and weighty privacy protection in this age of digital transformation. [Methodology/approach/design] The paper critically analyses historical interactions of AI with telecommunication privacy, discusses how existing policies work and what gaps exist in current legislation. Examining the validity of such risks in telecommunication networks when it comes to privacy violation, data exploitation, and the need for clear regulations of the system. Moreover, the methodology proposes an interdisciplinary approach comprised of legal, technological, and ethical stakeholders to handle the problems in question. [Findings] And finally, the paper concludes that the existing legal frameworks cannot secure privacy of consumer in the framework of AI-based telecommunication systems. That is why it emphasizes the need for international privacy standards, independent audits and robust national regulatory bodies. It calls for new legal guidelines that would guarantee transparency, responsibility and consumer consent as well as foster collaboration among the different stakeholders to improve privacy protection and data control in AI systems. [Practical implications] The paper parallels strong privacy protections and ethical practices of AI in telecommunication systems. It calls for new legal and international standards of privacy. The intention behind these recommendations is to maintain the privacy and control of the consumer’s data within AI powered systems. [Originality/value] Finally, this research uniquely combines legal, technological, and ethical aspects of litigation involving AI and privacy in telecommunications all into one. It draws the gaps in the existing laws and provides innovative solutions for privacy protection. The modern concern addressed by the paper is privacy, and the value of the paper is in the interdisciplinary approach it uses to address that specific concern.
Artificial Intelligence, Surveillance, Ethics, Privacy, Technology, Society, Data.
El derecho a la intimidad en la era digital
[Purpose] The article aims to argue, from the perspective of the right to privacy, the importance of establishing requirements for the application of electronic surveillance and the need for adequate oversight to ensure a balanced consideration of conflicting interests in the criminal process. [Methodology/approach/design] The research adopts a qualitative approach based on the study of theoretical and doctrinal foundations of the right to privacy in the digital era and electronic surveillance as an investigative act in the criminal process, to achieve a proper balance through strict compliance with the requirements for its practice. [Findings] Electronic surveillance, as a form of communication interception in the criminal process, is recognized by legal systems as one of the so-called special investigative techniques. Its use is not limited to investigating non-conventional criminality but also extends to offenses that, due to their severity and complexity, warrant it. To achieve the necessary balance between upholding the rights and guarantees of due process and limiting or restricting some of them for investigative purposes, compliance with specific requirements is essential to ensure the legality of these acts, preventing violations of fundamental rights. The doctrine establishes the principles of legality, strict necessity, and proportionality, which must guide the procedural authority responsible for authorizing and overseeing the investigative act in question. This poses a challenge following the reform of the Cuban criminal process in 2021. [Practical implications] The study establishes the right to privacy and the requirements for applying electronic surveillance in the Cuban criminal process as a theoretical framework. It also identifies the challenges faced by the Prosecutor, as the procedural authority responsible for authorizing and overseeing its application, in fulfilling the mission assigned by the 2019 Constitution of the Republic. [Originality/value] With the procedural reform introduced in Cuba through Law 143 of 2021 on the "Criminal Process," the use of special investigative techniques, including electronic surveillance as a form of communication interception, was legitimized for the first time. This is a topic with no prior studies analyzing this investigative act from the perspective of the right to privacy, the obligations regarding its impact, and potential violations, with the Prosecutor's Office acting as its guarantor through oversight of the investigation.
Right to privacy. Digital age. Electronic surveillance. Cuban criminal process. Investigation oversight.
Potential and Opportunities for Using Big Data in Public Administration
[Purpose] The purpose of the study was to highlight the specific features of using big data and artificial intelligence in public administration. [Methodology/approach/design] Economic and statistical analysis methods were used to process the data, including the Wilcoxon statistical method for comparing trends. [Findings] It was found that the use of big data in public administration opened up new opportunities for improving the efficiency of public services through accurate analysis, forecasting, and automation of processes. However, along with these capabilities, risks were also identified, in particular, privacy issues, the possibility of information abuse, and technical issues that required careful management and security measures to minimise negative consequences. A review of the use of big data in public administration in the UK, Finland, and Singapore revealed different approaches to integrating such data into public administration. It was determined that the UK focused on transparency and citizen participation through open data, Finland in its approach focused on data security and personalisation of services, and Singapore used big data to improve infrastructure and urban planning. The selected countries demonstrated various models and strategies that outlined the main success factors and their impact on the effectiveness of public services. Based on this international experience, Ukraine was recommended to implement integrated analytical platforms for big data processing, ensure a high level of information security, and develop personalised services for citizens. [Practical implications] The results highlighted the importance of integrating advanced big data processing technologies to improve the efficiency and transparency of public administration in Ukraine. Further research may focus on adapting and implementing successful international practices of using big data in public administration, considering the specifics of the Ukrainian context.
Artificial Intelligence. Public Sector. Digital Transformation. Personalisation. Transparency. Data Governance.
Analysis of the Impact of Digital Transformation of the Legal Field on Data Cybersecurity
[Purpose] To develop effective cybersecurity strategies in the context of digital transformation of the legal field. [Methodology/approach/design] The research methodology includes a comprehensive analysis of technological, organisational, and regulatory aspects of the problem. [Findings] The article examines international legal cybersecurity regulation and recommends approaches to adapt best practices. The human component in law firm cybersecurity is examined, and recommendations for boosting staff digital literacy are made. Quantum cryptography's legal data protection potential and successful cyber-attacks on DLA are analysed. Piper, Cravath, Swaine & Moore, Jones Day. The introduction of cloud technologies in legal firms significantly increases the risk of unlawful access to confidential information. An examination of 2020–2023 cyberattacks on legal entities found a growing trend of automating hostile acts with AI. The vulnerability evaluation identifies crucial data protection issues in legal services digitisation. A model of an adaptive cyber security system that considers law firm business process transformation offers a significant reduction in attack likelihood. Rewriting the legislative framework for personal data protection in the context of digitalisation, including regulating blockchain technology in legal practice, is justified. The integration of digital platforms into legal activity introduces new cyber dangers that demand novel security. Examine the impact of lawyers' remote work on corporate network security and offer ways to reduce hazards. [Practical implications] The results of the study form the basis for the development of effective cybersecurity strategies in the legal field and the improvement of relevant legislation, which is critical for ensuring the confidentiality and integrity of legal information in the digital age.
Cloud Computing. Blockchain. Privacy. Artificial Intelligence. Legal Regulation.
Legal Regulation of Issues of Intellectual Power Created by Artificial Intelligence
[Purpose] The article is devoted to a review and comparative analysis of the legislation of Ukraine and UK in the search for common and different approaches to the legal regulation of intellectual property created by artificial intelligence (AI). The study also analyzes the legal status of intellectual property created with the help of AI, evaluates the relevance of legislative acts and the need for changes through the prism of Ukraine's reception of Great Britain's approaches. In addition, the article aims to implement and develop proposals for improving legal regulation, discuss the ethical and legal implications of intelligent AI products, and, finally, form recommendations for further research in the context of regulating the intellectual power of AI based on the analysis of the legislation of both countries. [Methodology/approach/design] The study employs a wide methodological toolkit—analysis and synthesis, comparative legal method, and structural-functional method—to examine similarities and differences in the regulation of intellectual property rights (IPR) and intellectual power in Ukraine and the UK. Comparing these systems is valuable for analyzing economic potential, competitiveness, legal improvement, and knowledge economy development. In the global economy, countries prioritize building intellectual power. The UK’s knowledge economy significantly contributes to its GDP, while Ukraine, though possessing potential, needs stronger mechanisms for IPR protection and commercialization. The UK's developed legal system provides successful examples Ukraine could adapt to boost competitiveness. A robust IPR framework directly impacts investment attractiveness; the UK attracts investors due to reliable innovation protection, a model Ukraine should emulate to enhance its investment climate. Intellectual property also drives innovation, and the UK's public and private initiatives to commercialize research offer lessons for Ukraine. Moreover, the comparison helps assess Ukraine’s legislative progress toward European integration, learning from the UK's experiences within and outside the EU. Overall, this analysis identifies strategic directions for strengthening Ukraine’s IPR system, enhancing innovation protection, and improving economic competitiveness. [Findings] The differences between the Anglo-American and Romano-German legal families, to which Great Britain and Ukraine belong, respectively, dictate the difference in the interpretation of the concepts of "intellectual property rights" and "intellectual power". It is expedient for Ukraine to pay attention to the approaches of legislative regulation of developments created with the help of intellectual activity - first of all, with the aim of protecting the rights of product developers (authors).
Intellectual property law. Intellectual property. Intellectual law. Intellectual power. Artificial intelligence.
Addressing the Legal Gaps in AI Regulation for National Security: The Case of Ukraine's Defense Sector
[Purpose] The purpose of this study was to develop a scientific and methodological framework for legal regulation of the introduction of artificial intelligence systems to ensure cybersecurity in the defense sector of Ukraine. [Methodology] This paper evaluates the weaknesses in Ukraine's present legislation related to AI in defense cybersecurity by comparing legislative frameworks throughout the world. Based on case studies and expert interviews, it also creates a risk assessment methodology and suggests legislative changes to close these gaps. [Findings] Thirty experts in national security, law, and cybersecurity participated in the expert survey. The study's conclusions highlight serious flaws in Ukraine's legal framework for governing AI in defense cybersecurity, most notably the lack of precise definitions for autonomous cyber defense systems and AI systems. It is difficult to adequately address the hazards connected to the integration of AI technology into vital defense infrastructure because of this lack of regulatory clarity. Key legal dangers are identified by the study, including possible human rights violations such as invasions of privacy, restrictions on the right to free speech, and the possibility of discrimination. Concerns about autonomous AI systems' accountability for their deeds as well as regulatory non-compliance brought on by out-of-date or insufficient legislation are also brought to light. The paper also highlights moral conundrums that AI decision-making systems may present, which could have significant effects on both individual rights and national security. The report urges the creation of specialized law that includes precise definitions, certification procedures, accountability systems, and transparency for AI systems used in the defense industry to address these problems. These results demonstrate how urgently Ukraine must revise its legal system to guarantee that AI integration complies with contemporary technical advancements as well as the values of human rights and national security. [Practical implications] The results of the study have considerable potential for practical application in the development of regulations and cybersecurity strategies in Ukraine, especially in the context of hybrid threats and information warfare. [Originality] This study develops a scientific and methodological framework for the legal regulation of artificial intelligence systems to enhance cybersecurity in Ukraine's defense sector. It identifies significant gaps in Ukrainian legislation, proposes the Legal Risk Assessment Matrix to evaluate AI-related legal risks, and offers legislative recommendations, including the creation of a dedicated law on AI regulation.
Economic Security. Cybersecurity Regulation. AI Governance. Cyber Threats. Legal System.
Problems and Prospects of Digitalisation in the Field of Jurisprudence to Ensure Cyber Protection of Information
[Purpose] The purpose of the study is to examine the impact of digitalisation on the field of jurisprudence with a special focus on ensuring cyber protection of information. [Methodology/approach/design] The study methodology includes the analysis of cyber threats for law firms, such as phishing and distributed denial of service (DDoS) attacks, an assessment of international cybersecurity standards (Budapest Convention, ISO/IEC 27001), and the use of modern security technologies (encryption, multi-factor authentication). [Findings] Employee training programmes and the possibilities of using artificial intelligence and machine learning to automate data protection were examined. Electronic platforms simplify the exchange of documents and increase the transparency of interactions due to the session recording function. The legal field is facing acute cybersecurity problems due to the processing of confidential information. The main types of cyber-attacks faced by law firms include phishing, ransomware, and DDoS attacks. Each of these attacks can have serious consequences for data security, the reputation of companies, and their ability to provide legal services. [Practical implications] The research underscores the critical need for law firms to implement robust cybersecurity measures, including compliance with international standards and regular employee training, to protect sensitive information and maintain client trust. This shift not only enhances operational efficiency and compliance but also positions firms competitively in a digitally-driven market, ultimately impacting client access to legal services and the overall landscape of legal practice. [Originality/value] The development of specialised software for the legal field has opened up new opportunities to improve the efficiency and protection of information, ensuring compliance with legislation and integration with external systems.
Virtual Consultations. DDoS Attacks. Quantum Encryption. Cybersecurity. Control Systems. Automation.
Digital transformation in the legal sector
[Purpose] The purpose of this study was to examine the principal issues of cybersecurity and data protection in the context of digital transformation in the legal system of the Kyrgyz Republic. [Methodology/approach/design] The study conducted legal and comparative analysis of the regulatory framework and its application in modern conditions. Additionally, the content of reports from governmental and international organisations was examined to assess current trends in data protection and digital services. The study analysed key documents such as the National Development Strategy of the Kyrgyz Republic for 2018-2040 and the Concept of Digital Transformation of the Kyrgyz Republic for 2024-2028, the Civil and Criminal Codes of the Kyrgyz Republic, as well as laws of the Kyrgyz Republic regulating access to information, data protection, and cybersecurity, namely, “On the Right of Access to Information”, “On Protection of State Secrets of the Kyrgyz Republic”, “On the National Archive Fund of the Kyrgyz Republic”, “On the Electrical Connection”. Special attention was paid to the Tunduk system as an essential element of digital public administration and interaction between public authorities. [Findings] The key findings showed that despite great strides in digitalisation, the existing legislative framework of the Kyrgyz Republic needs considerable adaptation to ensure data protection and cybersecurity in a rapidly evolving digital environment. [Practical implications] The study offered recommendations, including the creation of a national cybersecurity centre, the introduction of international data protection standards, and the development of human resources in the field of information security. [Originality/value] The findings confirm the need to modernise the legal framework to ensure a sustainable and secure digital transformation in the Kyrgyz Republic, which is critical for protecting citizens’ data and increasing trust in public services.
Legal mechanisms. Electronic infrastructure. Electronic document management. Software. Socio-economic development.
Audiovisual resources in the media and their role in teaching Law
[Purpose] The primary objective of this research is to explore and demonstrate the efficacy of audiovisual resources as a pedagogical tool in the teaching of Law, particularly in areas such as civil and state liability, and evidentiary and procedural rights. [Methodology] A qualitative approach with a correlational scope was employed to gain a deep understanding of the meanings and relationships between variables. This included content analysis to identify relevant legal themes and how they were represented, as well as analogies to compare and contrast different interpretations of audiovisual content. This research seeks to demonstrate that audiovisual resources can be a valuable tool for teaching Law by allowing for a more dynamic, critical, and relevant approach to legal content. [Findings] The results of this research reveal the transformative potential of audiovisual materials in legal education. By integrating films and television series into teaching processes, a significant renewal in pedagogical methods was observed, making the subject more attractive and relevant to students. Additionally, the analysis of these fictional representations allowed for a deeper connection between theoretical knowledge and social reality, fostering more meaningful learning.
Legal education. Audiovisual resources. Media. Cinema and law. Legal training.
DOI: https://doi.org/10.26512/lstr.v16i2 SCOPUS Q3 - MIAR Index 9.6 - SJR H-Index 4 Editor: Prof. Marcio Iorio Aranha (University of Brasilia, BRAZIL) Editorial Board: Prof. Marcio Iorio Aranha (University of Brasilia – BRAZIL), Prof. André Rossi (Utah Valley University - USA), Prof. Ana Frazao (Universidade de Brasilia - BRAZIL), Prof. Clara Luz Alvarez (Universidad Panamericana - MEXICO), Prof. Diego Cardona (Universidad de Rosario - COLOMBIA), Prof. Flavia M. S. Oliveira (Universidade de Brasilia - BRAZIL) Prof. Francisco Sierra Caballero (Universidad de Sevilla - SPAIN), Prof. Fabio Bassan (Universitá degli Studi Roma Tre - ITALIA), Prof. Hernán Galperin (University of Southern California - USA), Prof. Jerônimo Siqueira Tybusch (Universidade Federal de Santa Maria - BRAZIL), Prof. João Alberto de Oliveira Lima (Universidade do Legislativo Brasileiro - BRAZIL), Prof. Judith Mariscal (CIDE - MEXICO), Prof. Liliana Ruiz de Alonso (Universidad San Martín de Porres - PERU), Prof. Lucas Sierra (Universidad de Chile - CHILE), Prof. Luís Fernando Ramos Molinaro (Universidade de Brasília - BRAZIL), Prof. Murilo César Ramos (Universidade de Brasília - BRAZIL), Prof. Raúl Katz (Columbia University - USA), Prof. Roberto Muñoz (Universidad Técnica - CHILE). ISSN: 1984-9729 EISSN: 1984-8161 Periodicity: Annual issues uninterrupted since May 2009 and two annual issues in May and October uninterrupted since May 2018. Mission/Scope/Focus: http://periodicos.unb.br/index.php/RDET/about Submission process: Authors are requested to submit their papers following the instructions at http://periodicos.unb.br/index.php/RDET/about/submissions. The journal adopts the double-blind peer review process. Archiving policy: LOCKSS-CARINIANA, DOAJ and Brazil’s Senate Library. Indexation: SCOPUS (Elsevier); CROSSREF; ROAD; THE KEEPERS; LATINDEX (28283); EBSCOhost research databases (EBSCO Publishing Inc.); Gale Group; AE Global Index; OAI (Open Archives Initiative) - DOAJ (Directory of Open Access Journals); WorldCat; Google Scholar; The European Library; CIEPS (Centre International d’Enregistrement des Publications en Série); Sistemas SEER e Diadorim, do IBICT. Permanent Web Identifier: LexML and DOI. Manuscript Submission Process Authors, please submit here: http://periodicos.unb.br/index.php/RDET/about/submissions Submission time frame: The L.S.T.R. submission process is open all year round. Papers selected will be tentatively scheduled for publishing in the next issue. Languages accepted: English, Spanish and Portuguese. Formal requirements: The easiest way to follow this journal’s formal requirements is to download the template in English from the L.S.T.R. website, in the section “Author Guidelines” and replace the content with your own material. The template file contains specially formatted styles (e.g., Normal, Heading, Footer, Abstract, Subtle Emphasis, and Intense Emphasis) that will reduce the work in formatting your final submission. The following instructions are already embedded in the template, but they are transcribed below in case you prefer to apply them directly to your paper. Please use the following coordinates for the page setup: Top (1.93 cm); Bottom (1.93 cm); Inside (1,93 cm); Outside (1,52 cm); Gutter (0,36 cm); mirror margins; page size customized for width (15,24 cm) and height (22,86 cm); different odd and even pages; Layout from Edge (Header: 0,89 cm; Footer: 0,76 cm). Right margins should be justified, not ragged. Please use a 10-point Times New Roman font or, if it is unavailable, another proportional font with serifs, as close as possible in appearance to Times New Roman 10-point. On a Macintosh, use the font named Times and not Times New Roman. Also, quotations of more than two lines should be written in Times New Roman, 10, scale 90%, line spacing exactly 10 pt. Legal texts should be cited as Times New Roman, 10, scale 80%, line spacing exactly 10 pt, “Don’t add space between paragraphs of the same style” marked, indentation left 1.78 cm and right 1.78 cm. For reference purpose, please use the ABNT NBR style or APA. Structured abstract: The L.S.T.R. adopts structured abstracts embedded in the template below. Template: https://periodicos.unb.br/index.php/RDET/information/authors.
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We are delighted to present a diverse collection of articles that delve into the intricate relationship between law and technology across various regions and legal landscapes. This edition covers topics such as the development of the Indian telecommunication sector over the past decade, focusing on the merits and challenges of telecom and competition laws, as well as on 5G neutrality in the country. Other contributions address the rise of digital forensics in Kazakhstan’s cybercrime investigations and maritime cyber security. The issue also examines public policies on internet access and connectivity as a social right in Colombia’s Valle de Aburrá and assesses the effectiveness of Brazilian educational connectivity policies. One article analyzes the spread of false news and discriminatory content under Indonesia’s Information and Electronic Transactions Law, while another explores the risks of laundering criminal proceeds through cryptocurrency transactions. Additionally, there is a discussion on remote work in Portugal, focusing on work tools and expense reimbursement. Privacy concerns are explored through a comparative study of India, the USA, and South Africa, and another piece investigates internet access as a human right with socio-collective implications. The edition concludes with an article on measures to combat internet fraud in Kazakhstan and one piece on the legal and ethical challenges of regulating humanoid robots and artificial intelligence.
Leveraging AI-Evidence in Money Laundering Cases in Mexico
[Purpose] To analyze the admissibility of AI-generated evidence in money laundering cases in Mexico, with an emphasis on how this type of evidence might be evaluated under existing SCJN resolutions. [Methodology/approach/design] This research uses a qualitative methodology, utilizing a comprehensive literature review of the SCJN’s judicial resolutions regarding evidence in money laundering cases. While no cases involving AI-generated evidence were found, the research examines current legal principles to anticipate how such evidence might be evaluated under the Mexican legal system. [Findings] The research shows that, although the SCJN has not yet addressed cases involving AI-generated evidence, existing legal guidelines provide a foundation for determining its admissibility. These findings provide a structured approach for the potential future evaluation of AI evidence in Mexican courts. [Practical implications] The findings of this research can help legal professionals, including judges and lawyers, understand how AI-generated evidence can be evaluated under the current legal framework. These findings will help shape future legal practices regarding the use of AI in the collection of evidence in money laundering cases. [Originality/value] This paper is among the first to explore the admissibility of AI-generated evidence within the Mexican legal system, providing valuable insights for legal professionals and policymakers on how AI technology aligns with legal evidentiary standards in money laundering cases.
AI-generated evidence. Money laundering. SCJN resolutions. Legal framework. Mexican Law.
[Purpose] Cyber aggression is a phenomenon that has roots in most Internet and social media users. People with psychiatric disorders have impaired self-regulation and exacerbation of many character traits, which makes them a high-risk group for the negative effects of cyberbullying. However, the scientific literature does not pay enough attention to the psychological aspects of the impact of cyberbullying on people with mental disorders. The study aims to address the characteristics of victims and perpetrators of cyberbullying with psychiatric disorders. [Methodology/approach/design] The study involved 60 patients with mild to moderate psychiatric diagnoses. Among them, there are 15 patients with diagnoses: of depressive disorder, anxiety disorder, bipolar disorder, and personality disorder. The analysis was carried out using self-report methods and studied indicators of involvement in cyberbullying and online aggression, personality traits and negative traits that make up the dark triad, as well as the level of life satisfaction. [Findings] The study determined that the level of involvement in cyberbullying in the study sample was quite high, amounting to 34%, of which 40% were victims and 28% were aggressors. The correlation analysis showed a high positive correlation between cyber victimization and indicators of openness to new experiences and a negative correlation with the stability indicator. Cyber victimization was also negatively correlated with the dark triad traits: psychopathy, Machiavellianism and narcissism. Cyberaggression was positively correlated with extraversion and negatively correlated with friendliness and conscientiousness. The strongest positive statistical correlation was found with the Dark Triad indicators, most notably with psychopathy, and the weakest with narcissism and Machiavellianism. These results are consistent with the data described in the literature on non-clinical samples. Both components of cyber-aggressive behavior were negatively correlated with life satisfaction. [Practical implications] The results provide insight into the psychological characteristics of cyber criminals and their victims in a sample with mental disorders.
Cyber aggression. Victimization. The Big Five. The Dark Triad. Psychopathy.
Escalation of Terrorism in the Sahel Region and Information and Communication Technology, 2018-2023
[Purpose] The current innovations in information and communication technology, as demonstrated by computers and smart phones with social media platforms and applications, are believed to have enhanced and sustained terrorist campaigns currently widespread in the Sahel. In the interim, violent extremism apparently reduced in other parts of the world while the Sahel region has turned into a hub of terror attacks with an up to 43% spike in fatality rates by global ranking. The paper explored the nexus between the current upsurge of violent extremism in the Sahel region and worldwide usage of Information Technology. [Methodology/approach/design] The social-learning and frustration-aggression theories logically analyzed the phenomenon while qualitative method of data collection was adopted, including key informant interviews. [Findings] The study revealed that the ICT applications were a major contributor to the escalation of terrorism in Sahel region and deemphasized the sole reliance on internal military actions; while encouraging international collaborations among the states to embrace an aspect of artificial intelligence (AI) branded e-counterterrorism, to tackle the menace. [Practical implications] Again, addressing poverty and unemployment rates adequately can help lower the humanitarian crises triggering restiveness in the region.
Artificial Intelligence. Counterterrorism. Poverty. Social Media. Violent Extremism.
[Purpose] To explore the application and effectiveness of self-regulation tools in the e-commerce sector, focusing on their role in enhancing consumer protection in the digital world. The research seeks to evaluate how self-regulation mechanisms, such as codes of conduct, complement existing legal frameworks to protect consumer rights and build trust in online transactions. [Methodology/approach/design] The study employs a comprehensive analysis of self-regulation concepts, examining their influence in various digital environments. It investigates the necessary conditions for effective self-regulation systems and the potential legal characteristics of these mechanisms. The research draws on theoretical and practical insights, comparing self-regulation tools with traditional contractual frameworks like adhesion contracts. [Findings] The analysis reveals that self-regulation tools, particularly codes of conduct, play a significant role in filling gaps left by existing legal regulations. These tools enhance consumer protection by setting higher standards than those mandated by law. The study highlights the functional similarity between self-regulation instruments and adhesion contracts, noting that while they lack the coercive power of legal norms, they effectively standardize practices and build consumer trust. [Practical implications] The findings suggest that businesses should adopt self-regulation tools to strengthen consumer trust and compliance with ethical standards. These tools can lead to improved consumer experiences and potentially reduce legal disputes by addressing issues that legal regulations may not cover comprehensively. The research underscores the need for businesses to publicize their adherence to these codes to maximize their impact on consumer trust and corporate reputation. [Originality/value] This paper provides a detailed examination of self-regulation tools in e-commerce, offering new insights into their legal nature and practical applications. It is valuable for policymakers, e-commerce businesses, and consumer protection agencies interested in understanding how voluntary compliance mechanisms can enhance legal frameworks and improve consumer protection in the digital marketplace.
E-commerce. Trust. Efficacy. Self-regulation. Safeguarding.
[Purpose] To analyze the imagined citizenship of the Rohingya through their active digital participation in Southeast Asia, demonstrating how they use technology to communicate abuses, document events, and interact with mainstream media, thus forming their own identity and inspiring digital action. [Methodology/approach/design] This study utilizes Social Identity Theory (SIT) to explore the self-categorization processes of the Rohingya as they engage in digital inclusion and self-expression. Additionally, the study integrates Social Capital Theory to examine how the Rohingya build relationships with international stakeholders, media, and other personalities to improve their living conditions. [Findings] The study finds that the Rohingya's digital activities contribute to their imagined citizenship, allowing them to own their stories, form their identities, and inspire other Rohingya. These activities also lead to building social capital, which helps garner international support and improve their actual living conditions. [Practical implications] The research highlights the potential for digital participation to enhance the social capital and living conditions of marginalized communities. It suggests that fostering digital inclusion can empower disenfranchised groups to communicate their experiences and advocate for their rights. [Originality/value] The paper offers a novel perspective on the concept of imagined citizenship through digital participation, specifically focusing on the Rohingya. It provides valuable insights for researchers, policymakers, and humanitarian organizations interested in digital inclusion and social justice.
Social Identity Theory. Rohingya. Citizenship. Inclusion. Digital.
[Purpose] The study aims to explore new aspects of digitalisation, the formation of a legal regime for the use of services for the preservation and transmission of information and their impact on digital reputation. [Methodology/approach/design] The main methods of research were analysis and synthesis, dialectical method, method of deduction and generalisation. Alternative approaches to the preservation and transmission of information that affect the digital reputation of citizens are emphasised. [Findings] The directions of the development of legislation for the formation of civil society’s reputation to digital services and legal regime, as well as effective mechanisms for the use, transfer and preservation of information in the field of civil law are determined. The quality of digital services for the citizens of the Republic of Kazakhstan, as well as their legal protection in the field of informatisation, is addressed in this study. A brief review of international acts in the information sphere and their application in foreign countries in the context of human rights protection in the conditions of digital transformation was made. Measures that are taken to increase the digital trust of citizens in the course of the introduction of new technologies into public life were considered. [Practical implications] The results of the study may be useful in the development of new norms of civil law by responsible officials taking into account the introduction of new technologies to ensure effective digitalisation of all processes in society, which will increase trust in innovative processes in society and thus affect the digital reputation in general.
Digital Technologies. Information Rights. Personal Data Protection. Electronic Interaction. Information Security.