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
By submitting this paper to the Law, State and Telecommunications Review, I hereby declare that I agree to the terms of the Creative Commons Attribution 4.0 International (CC BY 4.0).
Digital Transformation of Public Services
[Purpose] The aim of the research was to examine the key factors and conditions that influence the successful implementation of digital transformation of public services in various countries, with a focus on the specifics of e-government adoption. [Methodology] The research methodology involved analyzing digitalization strategies in countries such as China, India, Turkey, Brazil, South Korea, and European Union (EU) countries. [Findings] The study found that the success of digital transformation is influenced by factors such as the level of economic development, political will, the availability of digital infrastructure, and the digital literacy of the population. In EU countries, the high level of infrastructure development and active governmental support have led to significant progress in the digitalization of public services. At the same time, in India and Brazil, the digitalization process faces challenges due to uneven access to technology and the lack of infrastructure in rural areas. The study also emphasizes the importance of cybersecurity in building citizens' trust in e-services. Based on the analysis, recommendations were developed to improve the implementation of e-government in Azerbaijan, including expanding internet access and implementing digital literacy enhancement programs. The findings demonstrate the significant potential of digital transformation to improve the quality of public services and drive economic growth globally. Furthermore, the successful practices of highly digitalized countries could serve as a model for other developing nations, fostering more effective knowledge and experience exchange in this field.
Copyright (c) 2026 Law, State and Telecommunications Review http://creativecommons.org/licenses/by/4.0
Legal regulation and organisational framework of combating gambling addiction in Kazakhstan
[Purpose] To identify the problematic aspects of the Kazakh model of combating gambling addiction and analysing its legal and institutional foundations to determine ways to improve regulatory effectiveness. The main goal was to assess how Kazakhstan’s system of gambling regulation functions in comparison with Western European models and to identify organisational and legal challenges that impede its efficiency. [Methodology/approach/design] The research was based on a systematic approach and the comparative legal method, integrating analysis of legal acts, regulatory documents, and statistical data. The authors examined Kazakhstan’s legislative framework, institutional mechanisms of control, and organisational practices. Comparative analysis was conducted with regulatory systems of France, the UK, Denmark, and other EU states. The study also applied a structural-functional and modelling approach to propose recommendations for improving the national model of gambling regulation. [Findings] The results revealed that Kazakhstan’s model is characterised by strict state control and territorial concentration of gambling in specific areas such as the Burabai Resort Zone. The analysis demonstrated significant differences between Kazakhstan and Western European countries in terms of territorial organisation, allocation of powers, and penalty severity. The research identified major organisational problems, including a shortage of qualified personnel in supervisory bodies, lack of a unified data collection methodology, weak interagency coordination, and insufficiently developed prevention and rehabilitation programmes. [Practical implications] The findings contribute to the improvement of state policy in the field of combating gambling addiction. The study recommends introducing unified self-exclusion registers, expanding responsible gambling programmes, enhancing cross-sectoral cooperation, and developing public–private partnerships in addiction prevention. The implementation of these measures can strengthen social protection mechanisms, improve regulatory transparency, and reduce the socio-economic costs of gambling addiction in Kazakhstan. [Originality/value] This study offers a comprehensive legal and organisational analysis of Kazakhstan’s approach to gambling regulation, integrating comparative insights from Western Europe. It provides original recommendations for balancing strict state control with socially responsible practices and highlights the need for selective adaptation of international regulatory standards to national socio-economic and political conditions. The research holds particular value for policymakers, legal scholars, and public health specialists concerned with behavioural addictions and regulatory governance.
Information Security in the Context of Global Society
[Purpose] The purpose of this study was to identify the key aspects of ensuring information security in the Republic of Kazakhstan and to analyse international approaches to this issue. [Methodology/approach/design] The research methodology included content analysis of regulatory legal acts governing information security policies, an examination of international cybersecurity practices (USA, China, Germany, France). As part of the study, a survey was conducted in Kazakhstan. The study involved 103 respondents aged 21 to 55, including 57 men and 46 women. The survey was conducted from January to March 2025 via the Google Forms online platform, and a comparative analysis of the readiness and security levels of information systems in different countries was carried out. [Findings] The main findings of the study were as follows: Kazakhstan has a strategically important programme for digital transformation and cybersecurity development. However, survey data indicate that 56% of respondents highlight a shortage of qualified cybersecurity professionals. Only 45% of respondents consider existing educational programmes for training such specialists to be effective. Meanwhile, 74% of respondents note significant gaps in digital literacy among the population, which poses a major threat to national security. The obtained results allow for an assessment of the current state of cybersecurity in Kazakhstan and identify key issues requiring immediate resolution, particularly the insufficient level of workforce training and the absence of an effective cyber threat monitoring system. This enables government authorities and businesses to draw conclusions for improving state cybersecurity policies. The study culminates in the development of recommendations for enhancing information security policies in Kazakhstan. Specifically, the need to improve cybersecurity education programmes, increase funding for cyber defence infrastructure development, and establish rapid response mechanisms to cyberattacks has been identified. [Practical implications] The research findings can be utilised by government agencies, educational institutions, and enterprises to develop strategies for combating cybercrime and enhancing national security in the context of digitalisation. [Originality/value] The paper provides a comprehensive analysis of Kazakhstan's cybersecurity landscape, identifying key challenges like workforce shortages and digital literacy gaps, and offers actionable recommendations for policymakers, educators, and businesses to enhance national information security.
[Purpose] The objective of this article is to analyze the reconfiguration of telecommunications law and copyright enforcement driven by the dynamic blocking of live sports broadcasts. [Methodology] Using a qualitative documentary analysis methodology of court cases in Canada, Europe, and India, the study examines the convergence of automated monitoring technology and judicial remedies. [Findings] The results demonstrate a global escalation towards preventive, real-time blocking measures, expanding the liability of internet intermediaries to include even virtual private network providers. It is concluded that while this new paradigm offers an effective response to piracy, its institutionalization poses serious challenges to due process and fundamental rights, such as freedom of expression. This model, forged in the protection of sports assets, sets a precedent for more controlled internet governance, where algorithmic technology assumes quasi-judicial functions, demanding continuous scrutiny to balance intellectual property protection with digital-era freedoms.
Artificial Intelligence in Ukrainian Law Enforcement
[Purpose] The study examined how Ukrainian law enforcement agencies used artificial intelligence to prevent crimes against critical infrastructure in the context of the escalation of hybrid threats in 2022–2025. The work combined an analysis of the practical use of technologies, threat typologies, and current legislation, which made it possible to assess the effectiveness of AI during real military operations. [Methodology] A mixed approach was used: surveys, interviews, and case studies of facilities with implemented AI. Quantitative data was processed using statistical methods, qualitative data was processed using thematic analysis. The sample was limited to institutions that already use AI, which allowed us to focus on the real effectiveness of the technologies. [Findings] AI systems reduced the number of security incidents by approximately 40% and increased operational efficiency by 30%. The technologies successfully detected sabotage attempts, drone reconnaissance, cyber intrusions, and anomalies in SCADA/ICS. At the same time, the study identified gaps in legal regulation, from the lack of transparency requirements for algorithms to unclear rules on the admissibility of data generated by AI. [Originality/value] The work combines empirical data, legal analysis, and a wartime context. It is one of the first in-depth studies of the use of AI in law enforcement in a hybrid conflict. [Practical implications] The results confirm that AI can become a key element in the protection of Ukrainian infrastructure. Specific regulation, standards of evidence, cross-sectoral coordination, and staff training are needed. The study’s recommendations can help authorities and infrastructure operators increase resilience and ensure the lawful and effective implementation of AI.
Cybersquatting as a Type of Trademark Infringement and its Impact on Fair Competition
[Purpose] The aim of the study was to critically analyse cybersquatting as a legal and economic anomaly of the digital market. [Methodology/approach/design] The methodology of the work was based on a combination of the comparative-legal method, detailed analysis of legal acts, international policies and the generalisation of key precedents of judicial and arbitration practice [Findings] During the study it was established that cybersquatting encompassed various unfair practices, including typosquatting, name-jacking and abuses by registrars. Key protection instruments were analysed: the administrative Uniform Domain-Name Dispute-Resolution Policy and the judicial American Anticybersquatting Consumer Protection Act. In particular, the American approach was based on proving “bad faith intent” under nine judicial factors, whereas the international administrative procedure required the complainant to prove three cumulative criteria to satisfy the complaint. As a result of the comparative analysis of the legal models of the United States of America, Germany, France and Albania, four distinct approaches to regulation were identified: judicial with financial sanctions, hybrid with domain blocking, hybrid with alternative dispute resolution and a model of direct implementation of international standards. It was proved that this phenomenon created artificial barriers to market entry, especially for small and medium-sized businesses, undermined trust in e-commerce, as well as caused significant direct (costs of domain redemption, legal support) and indirect (loss of traffic, reputational damage) economic losses. [Practical implications] The practical significance of the work lay in the fact that its results could be used to improve national legislation in the field of intellectual property, to develop more effective corporate strategies for the protection of digital assets, as well as serve as methodological material for the training of lawyers and arbitrators specialising in the resolution of domain disputes. [Originality/value] The study's scholarly contribution lies in its systematic comparative analysis that identifies four distinct regulatory models across jurisdictions (the strict judicial model of the USA, Germany's hybrid administrative-blocking approach, France's specialized ADR system, and Albania's direct implementation of international standards), while demonstrating how cybersquatting functions as both a legal anomaly exploiting regulatory gaps and an economic distortion that disproportionately affects small and medium-sized enterprises through the creation of artificial market barriers and "cyber-inequality."
Operative-Search Activities in Combating New Forms of Digital Organised Crime
[Purpose] The research presents a fundamental theoretical and empirical study of the issues of operational and investigative activities in the context of countering the latest forms of organised crime in the digital space. [Methodology/approach/design] A scientific analysis is made of the conceptual and categorical apparatus and essential characteristics of operational and investigative measures used to detect, document and suppress criminal activity in the context of the digital transformation of society. The methodological foundations and structural elements of the system of operational and investigative measures are examined, with due regard for the specifics of the digital environment and the peculiarities of modern organised criminal groups [Findings] On the basis of a comprehensive comparative legal analysis of Kazakh and international legislation, the peculiarities of regulatory and legal regulation of the activities of operational and investigative units in the field of combating organised crime in the digital space are revealed. Key areas for modernisation of criminal, criminal procedure and operational search legislation are identified to improve the efficiency of law enforcement in the context of digitalisation of crime. In the context of international cooperation, the current state of interaction between law enforcement agencies of different countries in combating transnational organised crime is analysed, promising areas for the development of interstate cooperation and mechanisms for improving its effectiveness are identified. Specific recommendations are formulated for optimising the use of special technical means and information technologies in the process of documenting the illegal activities of organised criminal groups. As a result of the study, the role and importance of operational and investigative units of internal affairs bodies in the system of combating organised crime in the digital space are defined, and scientifically sound proposals for improving their activities are developed. [Practical implications] The recommendations are formulated for modernising the tactics and methods of conducting operational and investigative measures aimed at identifying and documenting new forms of criminal activity in the digital environment. A set of organisational and legal measures is proposed to improve the effectiveness of preventive activities of law enforcement agencies in the field of combating organised crime in the context of the digital transformation of society. [Originality/value] The study provides a longitudinal analysis of cybercrime trends in relation to major global events, and links the rise in cyber incidents to geopolitical and economic disruptions.
[Purpose] The paper explores trends in the legal and regulatory landscape in respect of sustainable telecommunications infrastructure and the nexus between environmental sustainability and digital transformation. It analyzes critically the role of modern domestic and international legal systems on the environmental effects of telecommunications deployment, namely energy use, e-waste disposal, and spatial issues due to network expansion. Moreover, the research aims to suggest normative and institutional directions that harmonize the fast rate of technological advancement with the ecological sustainability, therefore, informing the formation of the telecommunication industry in line with the rules of environmental justice and green digital transformation. [Methodology/approach/design] The study uses a doctrinal and comparative legal approach, which examines the legislation, regulatory policies, and judicial cases in the chosen jurisdictions, i.e., India, Brazil, the United States, the United Kingdom, the European Union. It uses a multidisciplinary approach which incorporates environmental law, administrative governance, and infrastructure regulation to determine inconsistencies in the policies, enforcement discrepancies, and institutional issues. The approach points to the interaction between soft law and hard law tools and explores their usefulness in contributing to the environmental performance and compliance behaviour of telecommunication companies. [Findings] The paper concludes that despite the speeding up of regulatory regimes to enforce the sustainability requirements, they have limitations due to inefficiency in the operation processes, jurisdictional issue, and the dynamic nature of technology. Jurisdictions are better placed with a hybrid approach of combining both rules approach and incentive based (i.e. renewable energy regulations, tax credit, and carbon reporting requirements) as it has a higher chance of realizing regulatory integrity and quantifiable environmental results. The findings suggest the need to establish a balanced combination of the connectivity imperatives and environmental imperatives using adaptive regulation based on the concept of precaution, proportionality, and accountability. [Practical implications] The article suggests integration of sustainability conditions in telecom licencing, setting and confirmation of emissions reduction levels and promotion of the green innovations by means of public-privatised partnerships. It offers applicable insights to the policymakers, government, and industry players aiming to achieve the best balance between telecom growth and environmental sustainability. [Originality/value] This paper continues to contribute to the emerging literature on the green network governance, since it unites the mutually depending concepts of environmental jurisprudence and telecommunications law, thus bringing promising comparative analysis of sustainable net architecture development.
Cryptocrime in the Context of Digital Transformation
[Purpose] The purpose of this study was to investigate the quantitative and qualitative characteristics of crypto-crime in the context of digital transformation. [Methodology/approach/design] The methodological framework of this study included comparative analysis, criminological approach, statistical research, and case studies (using Silk Road, Hydra, Monopoly Market, CryptoLocker, PlusToken, ransomware viruses and pump-and-dump schemes, as examples). [Findings] The study systematised the principal forms of crypto-crime – from financial pyramids and extortion to money laundering, crypto-banking fraud, and romantic deception schemes. Their key features were identified: high level of anonymity of transactions, transnational nature of activity, legal uncertainty, and rapid development of technological methods of crime. A separate place was given to the analysis of the dynamics of crypto-crime growth: if in 2015 there were less than 2 thousand incidents with a total damage of 2 million dollars, by 2024 the number of complaints approached 150 thousand, while the cumulative losses exceeded USD 9.3 billion. The losses from investment fraud (USD 5.8 billion with 41.5 thousand complaints), romance schemes (USD 237 million with less than 4 thousand complaints), and crypto-banking scams (USD 189 million with 5.5 thousand incidents) are particularly pronounced. [Practical implications] It is shown that digital literacy plays a dual role: on the one hand, the high level of technical knowledge of criminals favours the emergence of increasingly sophisticated schemes, while on the other hand, the lack of awareness of users makes them particularly vulnerable. It concludes that a balanced legal approach is needed, combining effective controls with support for innovation, and emphasises the significance of digital literacy as a tool for crypto-crime prevention. [Originality/value] This study offers a comprehensive synthesis of both quantitative data and case-based analysis to map the evolving landscape of crypto-crime, highlighting underexplored correlations between digital illiteracy and victimisation. By integrating criminological insights with technological trends, it provides a novel interdisciplinary perspective on the risks posed by crypto-crime in the era of digital transformation.
Legal Aspects of Using Blockchain Technology to Enhance the Security of Electronic Payments and Prevent Online Fraud
[Purpose] The aim of this study was to analyse the legal regulation of blockchain technologies and cryptocurrencies, as well as to identify existing gaps in legislation with the goal of developing recommendations for their mitigation. [Methodology/approach/design] The research employed a systematic review of scholarly literature and legal documents, theoretical legal analysis, and comparative analysis of legislative initiatives in various countries, such as Estonia, Singapore, and the United States. A case study of blockchain deployment in electronic payment systems was undertaken, utilising a systems approach to integrate legal, economic, and social perspectives. [Findings] The main findings demonstrated that countries like Estonia and Singapore have developed effective legal frameworks that facilitate blockchain adoption and attract international investment. Estonian legislation, which permits the use of smart contracts and electronic payments, significantly streamlines financial transactions, enhancing user trust in such systems. Singapore, in turn, has established clear regulations for cryptocurrency exchanges and initial coin offerings (ICOs), ensuring a secure and predictable environment for investors. [Practical implications] At the same time, the study identified challenges faced by regulators in different countries. For instance, fragmented legislation in the United States leads to legal uncertainty, complicating the operations of blockchain companies. Different states have their own regulations, imposing additional costs on firms operating across multiple markets. Meanwhile, stringent measures in China aimed at restricting cryptocurrency usage may stifle innovation and lead to talent drain, negatively impacting the market. [Originality/value] These findings underscore the need for a unified regulatory strategy that considers both local and international aspects. The study concludes that a comprehensive regulatory approach, active collaboration between government bodies and businesses, and further research in this field are key factors in establishing a sustainable blockchain ecosystem that fosters the development of an innovation-driven economy.
Human Rights and Cybersecurity in Modern International Law
[Purpose] The purpose of this study is to analyse the relationship between human rights and cybersecurity in the context of modern international law. The paper reviews key international legal acts and mechanisms aimed at protecting human rights in the digital age, and analyses the main challenges faced by the international community in the field of cybersecurity. [Methodology/approach/design] The study examines international standards related to the right to privacy and freedom of expression, enshrined in the European Convention on Human Rights. Special attention is paid to the issues of ensuring personal security from the point of view of international legal protection, and the role of international organisations such as the United Nations (UN) in protecting human rights in the face of increasing cyber threats. [Findings] It is determined that current international legal mechanisms are not always able to respond effectively to new challenges associated with the development of cyberspace, which can lead to human rights violations. The need to adapt existing international security tools to the specifics of the digital environment and develop new approaches for more effective protection of human rights in the digital age is identified. [Practical implications] The practical importance of the study is in the possibility of applying its findings in the development of international agreements and recommendations on the regulation of cyberspace, considering human rights; in the activities of international and regional organisations; in the development of cybersecurity strategies at the national level, accounting for international obligations; in the scientific and expert environment for further research and analytical work; and in the development of educational programmes for training specialists in the field of international law and cybersecurity. [Originality/value] The results obtained can be used to further improve international law and policy in the field of cybersecurity and human rights.
State-Sponsored Digital Surveillance and Privacy Threats through Covert Software
[Purpose] This study investigates the global proliferation of privacy-infringing commercial surveillance technologies, such as Pegasus spyware, and examines the resulting concerns over state-sponsored privacy violations, abuse of telecommunications infrastructure, and breaches of international legal norms. It aims to clarify the legal responsibilities of states for facilitating or using spyware and to highlight the gaps in existing international law governing cross-border digital surveillance. [Methodology/Approach/Design] Using a doctrinal qualitative methodology, the paper analyses treaties, customary international law, UN Human Rights Committee interpretations, state practices, jurisprudence, and scholarly commentary. It focuses on issues of state responsibility, digital sovereignty, attribution, due diligence, and extraterritorial liability in the context of cyber surveillance and spyware deployment. [Findings] The research demonstrates that international law remains ambiguous and weak in regulating spyware markets and determining state liability. It highlights the failure of mechanisms such as the Wassenaar Arrangement and export control regimes to prevent misuse by both authoritarian and democratic states. National-level legal accountability remains inconsistent, with significant implications for judicial independence, rule of law, and privacy protection. [Practical Implications] The paper underscores the urgent need for a robust multilateral framework to regulate state surveillance practices, ensure accountability within the spyware industry, and strengthen international enforcement tools to uphold privacy and human rights in the digital age. [Originality/Value] This study offers a comprehensive analysis of state responsibility for spyware-facilitated surveillance, bridging doctrinal legal research with contemporary concerns about digital sovereignty and privacy rights. By critically examining the misuse of Pegasus spyware and existing regulatory gaps, it contributes to policy discourse, comparative legal scholarship, and the development of actionable international norms.
The Role of Cyberattacks in Political and Economic Stability
[Purpose] The purpose of the study was to identify the main aspects of threats in the cyber sphere to determine recommendations for improving cyber resilience. [Methodology/approach/design] The study used materials from the Centre for Strategic and International Studies (CSIS), reports and publications from Arctic Wolf and UpGuard, cyber resilience indices from MixMode, and publications from the Global Organised Crime Index. The research methods were case studies, statistical analysis, and analysis of official documents. [Findings] The study found that cyber incidents as a phenomenon have been known since at least the early 2000s, but the main increase in activity began after 2015. In addition, the intensity of cybercrime was influenced by international events, such as the 2008 crisis, the coronavirus epidemic in 2020, or the full-scale Russian invasion of Ukraine in 2022. Government structures are among the most common targets of cybercriminals. In this context, cyber warfare, cyber espionage, and hacktivism can be used. It has also been studied that, in the context of the economic consequences of cyber threats, the main target of criminals can be cloud storage, because the volume of data stored in them increases every year. In addition, losses from cybercrimes in 2018 were estimated at 600 billion dollars, and by the mid-2020s they were estimated to have reached approximately 9.2 trillion dollars. The exact number of cyber incidents is extremely difficult to track due to their geographical disparity. In this regard, large companies and corporations are strengthening their cyber resilience, an example of which is the activities of JPMorgan Chase. In the context of individual countries, developed economies are the most resistant to cyber incidents, while in developing countries the situation with cyber resilience is much worse. At the national level, one of the most successful cyber security strategies is the Finnish model. It is also important that the draft resolution “United Nations (UN) Convention against Cybercrime” was approved at the international level. As a result, the international community continues to face threats of cyber incidents, but more and more initiatives are being taken to minimise the risks of cyber threats. [Practical implications] The findings highlight the need for adaptive cybersecurity strategies, particularly in cloud storage protection and national infrastructure. They support the importance of strengthening cyber resilience in developing countries, adopting best practices from successful models (e.g., Finland), and enhancing international coordination. [Originality/value] The study provides a longitudinal analysis of cybercrime trends in relation to major global events, and links the rise in cyber incidents to geopolitical and economic disruptions.
[Purpose] The study analysed the legal frameworks governing digital assets in different jurisdictions. The experience of Kazakhstan, Poland, the USA, Uzbekistan, Kyrgyzstan, Singapore, China and South Korea was addressed. [Methodology/approach/design] The study employed a comparative legal analysis methodology, examining regulatory documents. The investigation methodically examined critical regulatory elements across nations, encompassing licensing, taxation, investor protection, and the prevention of financial crime. Legal papers and court rulings were classified and encoded based on established criteria to facilitate systematic cross-jurisdictional comparisons. Significant focus was placed on the examination of the Kazakh regulatory framework, which integrates an innovative methodology for cryptocurrency mining with conventional financial rules, alongside the Polish experience in executing European directives while accounting for country particularities. [Findings] The study revealed significant differences between Asian and European approaches to regulation, with Central Asian countries showing a tendency to develop a domestic regulatory model that accounts for regional specifics. The results showed significant differences in approaches to licensing, taxation and investor protection between developed and emerging markets. Three dominant regulatory models were identified: the US securities-based approach, the Asian approach with a focus on payment systems, and the European integrated approach. Key differences were observed in the requirements for the safekeeping of digital assets and investor protection measures. The study concluded a need to strengthen international regulatory coordination and develop harmonised standards, especially between the European Union, Central Asia and developed Asian financial centres. An important aspect of the study was the identification of the need to create a unified methodology for assessing the effectiveness of regulatory regimes, which would allow for a more accurate comparative analysis of different jurisdictions. Particular attention was devoted to the analysis of the impact of technological innovations on the development of regulatory approaches, in the context of the introduction of distributed registry systems and smart contracts. The study also highlighted the importance of establishing mechanisms to respond quickly to new challenges in the regulation of digital assets, including cybersecurity and personal data protection. [Practical implications] The findings offer regulators actionable insights for aligning national digital asset frameworks with global standards while accounting for local market specifics, enhancing investor protection and regulatory effectiveness. [Originality/value] This study provides a novel comparative analysis of eight jurisdictions, offering valuable guidance for policymakers and scholars on harmonising digital asset regulation globally.
Legal Issues of Government Bodies Digital Transformation
[Purpose] In the context of the rapid spread of digital technologies, the legal mechanisms that regulate the activities of government bodies in Kazakhstan lag behind practical needs. This gap gives rise to legal risks and institutional fragmentation. The purpose of the study is to identify regulatory gaps in the digital transformation of government bodies in Kazakhstan and develop proposals for their elimination. [Methodology/approach/design] The main method used is normative-dogmatic analysis, supplemented by a systems approach and legal modelling. The authors note that existing norms are adopted reactively and do not provide sufficient certainty for the subjects of electronic interaction. [Findings] The author analyses the main achievements of digitalization. Particular attention is paid to data protection issues and the lack of a unified law on cybersecurity, which, according to the authors, hinders citizens' trust in online services. [Practical implications] The relevance of the study is enhanced by the importance of digital transformation for post-socialist countries that need to overcome the legacy of centralized governance. Additional significance is given to the problem by Kazakhstan's high rating in global e-government indices, which contrasts with the remaining legislative gaps. [Originality/value] The authors substantiate the need to adopt a codified act that should unify terminology and eliminate gaps. It is proposed to expand the scope of the Law of the Republic of Kazakhstan of 6 April 2016 No. 480-V “On legal acts” by including digitalization and cybersecurity in the list of coded areas.
[Purpose] The EU AI Act, adopted in March 2024 and largely effective by 2026, represents the world's first comprehensive horizontal AI regulation. Building on the EU's experience with the GDPR, it employs a risk-based approach, broad definitions for AI systems and General-Purpose AI Models (GPAI) and asserts extensive extraterritorial reach. This article critically examines whether the AI Act is truly “future-proof” against AI’s rapid evolution. [Methodology/approach/design] The article employs doctrinal legal analysis of the EU AI Act's provisions, particularly its risk-based classification framework, examining the Act's structural architecture against established risk governance principles and comparing its approach with emerging national legislation and international frameworks. The analysis focuses on the interaction between Articles 5, 6, 9, 51, and 55, examining how static regulatory classifications interact with dynamic AI capabilities. [Findings] While the Act demonstrates commendable ambition- including technology-neutral definitions, extraterritorial reach, integration with existing frameworks like the GDPR, and establishment of a centralized AI Office- it suffers from a fundamental architectural flaw that compromises its long-term viability. Key weaknesses include a highly complex and potentially slow enforcement mechanism, risks of EU consumer discrimination due to compliance burdens, and the potential for regulatory circumvention. A more fundamental flaw is the regulation of inherently dynamic AI systems through static risk classifications. This static approach creates three cascading failures. First, it cannot capture AI systems that evolve post-deployment from low-risk to high-risk. Second, rigid thresholds (particularly the 10^25 FLOPs threshold for systemic risk GPAI) incentivize regulatory arbitrage. Third, enforcement mechanisms remain reactive rather than proactive, creating a ‘regulatory firefighting’ approach incompatible with genuine future-proofing. While Article 9's risk management framework is theoretically sound, it operates within this static classification system and cannot compensate for the broader structural weakness. [Practical implications] The Act represents a vital first step in AI governance, but its static classification, internal inconsistencies, and unaddressed challenges severely compromise its long-term adaptability- means it will require continuous reactive amendments to remain relevant. It is less a future-proof edifice than a foundational structure already showing cracks. The Act's static architecture is already prompting Member States to develop conflicting supplementary regulations (exemplified by Italy's AI Law), creating fragmentation rather than harmonization.
DOI: https://doi.org/10.26512/lstr.v18i2 SCOPUS Q3 - MIAR Index 9.6 - SJR H-Index 4 - QUALIS A2 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.
This issue of the Law, State and Telecommunications Review brings together articles that examine some of the most pressing legal, regulatory, and institutional challenges emerging from contemporary digital transformation. The contributions address the digital transformation of public services and government bodies, the implementation of e-government in different regions, and the legal foundations of information security policy in a global society. The issue also includes studies on cybersecurity, cybercrime, cryptocrime, blockchain-based electronic payments, digital assets, cybersquatting, and the legal responses required to protect fair competition, financial security, and trust in digital environments. Additional articles explore the role of cyberattacks in political and economic stability, the regulation of digital surveillance and spyware, and the interaction between human rights and cybersecurity in modern international law. Finally, this volume addresses emerging regulatory frontiers in artificial intelligence, including the use of AI in law enforcement and the future-proof character of the EU AI Act, as well as the environmental and legal challenges associated with green telecommunications deployment. Taken together, the articles offer a broad comparative and interdisciplinary perspective on how law and regulation are adapting to digital infrastructures, data-driven societies, cybersecurity risks, and new forms of technological governance.