STUDYING SYSTEM PROBLEMS OF THE INTERNET NETWORK IN LEGAL CONTEXT

The rapid development of legal disputes related to the information and telecommunication network of the Internet, outlines the trend of the emergence the special legal branch of Internet law, the subject of study is focused on systemic legal issues that arise in the Internet environment. The authors propose comprehensive assessment of such systemic legal problems as user identification, peer-to-peer technologies and gaming space. Today, the lack of legal regulation of these segments of the Internet space causes many legal risks. According to the results of the study, the authors come to the following conclusions. Insufficient legal regulation of user identification on the Internet entails negative offenses such as identity theft or phishing. The ambiguity of the legal status of the Bitcoin network based on peer-to-peer technologies entails the onset of negative consequences for the parties to the “online transaction”, expressed in significant property losses. In this case, judicial practice proceeds from the fact that the presence of bitcoins outside the legal field of domestic law means the absence of legal protection for the participants in such transaction. Similar approach is used by the law enforcer in resolving the issue of the extent of legal regulation of the gaming space. As the result the Internet has become milestone that cannot be ignored and the solution of problems of which should be focused on supranational principles, since such qualities of the Internet as globalism, comprehensiveness and high speed of data transfer contribute to the emergence of new requirements for legal regulation. For example, analyzing international judicial practice, we can conclude that it is necessary to legally secure and ensure the protection of such basic Internet rights as the right to oblivion and the right to access the Internet.

Internet, legal regulation, Internet law, user identification, peer-to-peer technologies, blockchain, bitcoin, gaming space, jurisdiction, right to oblivion.

Vasiliev A. A., Mukhopad V. V., Pechatnova Yu. V. Studying system problems of the Internet network in legal context. Business. Education. Law, 2020, no. 4, pp. 240–243. DOI: 10.25683/VOLBI.2020.53.431.