Скачать или смотреть Subject matter and system of Information Law

Information Law is a dynamic discipline regulating relations surrounding information and the action of law within the complex, technology-driven virtual environment.

The discipline is a contemporary field analyzing the legal effect in the virtual sphere, necessitated by the rise of information and communication technologies in society.

The evolution of law reflects three stages of civilization: the agrarian, the industrial, and the informational society, with the current stage requiring the legal system to construct its own operating reality within the virtual environment.

A crucial theoretical distinction exists between the narrow legal regulation of the Internet, focusing on infrastructure and management, and the broader action of law in the virtual environment, encompassing all forms of legal facts and rights online.

The subject matter of Information Law involves both private and public legal relations concerning information, employing methods drawn from various traditional legal branches.

The system of Information Law consists of a General Part establishing concepts for virtual legal reality and a Special Part regulating specific legal institutes such as data protection and e-governance.

A defining methodological feature of the discipline is the necessity for the functional unification of disparate legal norms to adequately regulate complex transactions occurring in a mixed physical-virtual context.

The field is fundamentally defined by balancing competing values, notably the tension between the free flow of data necessary for innovation and the fundamental right to privacy and protection of personal data.

Artificial Intelligence presents fundamental legal challenges concerning liability for harms, the governance of massive datasets, and redefining intellectual property rights in relation to machine-generated creations.

Future challenges include the comprehensive legal integration of decentralized technologies like blockchain and crypto-assets, which requires complex regulatory frameworks such as the EU MiCA Regulation to ensure stability and consumer protection.