The digital age dictates its own laws and jurisprudence is forced to keep up with the relentless technological progress and the transformation of economic relations. At the global level, balanced and predictive legal regulation of the digital environment is becoming a significant competitive advantage for the state, allowing for an influx of investment and stability of economic growth. In the Russian realities, with such an intensive work of the State Duma on the adoption of new (and often crude) laws regulating relations in the digital space, it is difficult to understand not only entrepreneurs who already conduct or are about to conduct some kind of business online, but also lawyers, who already have experience in advising and protecting the rights of their principals. Without a doubt, for individual lawyers and specific law firms, knowledge of the legal features of relations in the digital environment becomes the key to their success and the prosperity of their business in modern conditions.
The difficulty in understanding digital law lies in the fact that, due to the global nature of the Internet, online relations are not covered by only one national legislation, especially now, when there is a trend towards balkanization and sovereignization of the global Internet everywhere. Many services and websites, including those created in Russia, are aimed not only at Russian users, but also at other markets where completely different rules may apply. In addition to the laws of a particular country, the standards of “soft law”, the UN recommendations, and the case law of the ECtHR and the European Court of Justice are applicable here. Among other things, lawyers in some cases also need to know and understand how the GDPR, DMCA or CalOPPA works.
In recent years, a whole range of events has been actively created at the state level in Russia, designed to “try on” jurisprudence and new technologies, as well as develop a balanced legal regulation for digital development, and prepare lawyers for work in the digital era. So, in 2017, it was adopted “Digital Economy”, at the St. Petersburg International Legal Forum 2018 Dmitry Medvedev about plans to start training Russian lawyers under the digital economy development program in 2019, however, apart from high-profile statements, such work has not yet begun.
However, in March 2019 there was the landmark Digital Rights Act.
The law, of course, narrows the concept of “digital rights” quite strongly compared to the international one. , but, nevertheless, lays the foundation for civil law relations on the circulation of digital assets.
Unfortunately, most lawyers are still not well-versed in the digital realm, viewing key new technologies such as blockchain and big data as something far removed from them and their day-to-day work. But such an attitude is already leading to negative consequences for some members of the legal community and society as a whole. Someone loses clients, suffers financial losses, and the “digital ignorance” of lawyers endowed with power and, in particular, representing the interests of society and Themis, leads to large-scale depressing consequences in the form of errors in law enforcement. After all, often even judges, especially when it comes to judges of first instance in remote regions, limit themselves to referring to the lack of special regulation and either simply ignore new technologies, or generally recognize them as prohibited. For example, this happened in the sensational about the blocking of cryptocurrency sites, where, at the request of the prosecutor's office, information about cryptocurrencies was recognized as prohibited in Russia. And although in this case the lawyers of the Center for Digital Rights managed to defend the legitimacy of the existence of sites about crypto-currencies and recover costs from the prosecutor's office for a mistake, for this it took many years to go to the Supreme Court of the Russian Federation.
In such conditions, it is obvious that the knowledge of cyber law - a branch that combines elements of public and private law, with special knowledge of criminal proceedings in relation to cybercrimes and the technical features of networks, computers and new technologies, is becoming more and more in demand and necessary for every lawyer. . At the same time, now some master's programs in IP&IT are available only for neophytes of jurisprudence. Perhaps the only university in the country that provides at least some knowledge in terms of digital law is the Higher School of Economics, and even then, as part of a master's program for people who are receiving a law degree for the first time. There is also Moscow State University, which received the status of the National Center for the Digital Economy. The Laboratory of Legal Informatics and Cybernetics was recently created here. However, there are still no comprehensive programs for lawyers that provide extensive knowledge of modern cyber law. and there are practically no opportunities for established lawyers to comprehensively improve their knowledge of cyberlaw.
To correct this depressing situation and make it easier for established lawyers to learn the intricacies of cyberlaw, we have organized a unique program - Cyber Law School represents a 5 day intensive immersing in digital law with 7 different modules. A comprehensive advanced training course from leading experts in their field will allow already established lawyers to immerse themselves in cyber law in a short time and gain in-depth knowledge of foreign and domestic legislation, as well as emerging law enforcement practice, in the following areas:
- Intermediaries & ISPs: Features of the activity of information intermediaries (ISP, hosters, search engines, social networks, aggregators, etc.)
- IP & Copyright & Domains: Intellectual rights on the Internet. Licensing of content and software. Peculiarities of legal protection of copyright and patent rights, trademarks, domain names.
- Privacy & Security: Protection of honor, dignity, business reputation in the network. Protection of privacy and personal data. Privacy. Compliance with the requirements for data storage and processing in accordance with 152-FZ and GDPR.
- Digital Trial & LegalTech: Digital evidence. Electronic document and digital signature. Electronic litigation. Legaltech tools to help a lawyer. Soft, bots and CRM instead of assistants.
- Digital assets & crypto: Digital money and digital assets. Smart contracts. Features of legal relations when using blockchain. Cryptocurrencies and tokens. Requirements for conducting ICO and STO.
- Criminal Defense & Forensic: Features of work on criminal cases connected with the Internet. Collection of digital footprints. Computer forensics (forensics)
- ECHR & International courts: Features of work on the preparation of a complaint to the ECtHR. Practice of the ECtHR and the European Court of Justice in cases related to the Internet.
In the Cyber Law School our trainers from science and business will give detailed comments on the application of new rules in Russian law. Also, during our course, you will get unique practical skills: leading practicing lawyers will not only share their experience with the participants, but will also analyze real business cases in detail, including those related to compliance of companies and the use of administrative enforcement measures for non-fulfillment of obligations and non-compliance regulatory restrictions in the digital environment, and learn a risk-based approach when working to bring the company's activities in line with the current and rather confusing legislation
In addition, within the framework of the course, lawyers will be able to learn how to use modern technological solutions that greatly simplify the work of lawyers, as well as gain invaluable skills in working on various aspects of digital law in criminal, civil and international courts.
This integrated approach makes our Cyber Law School indispensable for all representatives of the legal community interested in digital law, in particular for in-house lawyers, lawyers, private lawyers, specialists from consulting companies.
In addition, in addition to valuable knowledge at the end of the course, all persons who have completed full training will be issued a state-recognized certificate of professional development in the field of digital law, and will also be given the opportunity to join the closed “Cyber Lawyers Club”, where they are always happy to share their experience and best practices and help in difficult legal situations. Do not miss the unique chance to become a cyberlawyer: improve your knowledge in digital law, strengthen your practical skills in digital legal work and ensure the success of your work in the era of new technologies.
Find out more information about Cyber Law School and you can apply for participation on our
Source: habr.com
