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IX СТУДЕНЧЕСКИЙ ЮРИДИЧЕСКИЙ ФОРУМ

Nowadays there is a possibility that digital sovereignty can be violated by actions of foreign states. At the moment we can see how Russian media sources get blocked on popular platforms. Can it be interpreted as an invasion of the cyberspace of the state?

YouTube has started blocking Russian media channels, which, in its opinion, are funded by the state. The video hosting company has also suspended all monetization options on its platform in Russia. This was announced on Twitter by the company's press secretary Farshad Shadlu. The channels RT, Sputnik, MIA «Russia Today» were blocked1.

Two points of view have emerged. On the one hand, blocking Russian media in cyberspace is a violation of the country's digital sovereigntyand a violation of freedom of speech. On the other hand, the principle of freedom of speech in cyberspace is at oddswiththepracticeofrestrictingthefreeexchangeofinformationbystatesinorder to ensure cybersecurity.

The exclusiveness of national sovereignty and the openness of the international communitywhileseeminglyinconflict,canbereconciledandbalancedinreality.Some experts are confident that the state must assume responsibility for emancipating minds, changing ideas, and promoting an objective and balancedunderstanding of the relationshipbetweensecurityanddevelopment.Onlyinthiswaycantheinternetwork, helping to maximize benefits while avoiding harm.

A stateintegratesintotheinternationalsystembytransferringsomeportionofits national sovereignty, while international connectivity and interoperability will deliver greater developmental opportunities, promote cultural exchanges, economic cooperation, and collaborative security efforts. The relationship between the state and the international community is one of interdependence, inclusive and transferable, which contributes to the unity of opposites.

Other experts are sure that from the perspective of the international community, internettechnology offers thepromise of globalinterconnectivity.Butaslongasstates exist, it is impossible to ignore national boundaries and national sovereignty. Governmentoughttherefore to avoid the excessive pursuit of unregulated openness,in order not to cross a tipping point beyond which global cultural diversity is subordinated to a single dominant culture. Those states with great cyberspace capacity should take the initiative to bridge the digital gap and actively transfer andshare cyberspace resources

1 URL: https://www.rbc.ru/society/11/03/2022/622b865f9a794703dac56740.

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and management experience, restraining their impulse to use asymmetric means in pursuit of narrower and short-term, national interests.

In the current situation on the world political arena, the blocking of the Russian media may be a preventive security measure on the part of foreign countries. But the principleoffreedomofspeech,enshrinedintheconstitutionsofmostofthedeveloped countries of the world, should not be violated or limited. But if we consider the restriction of access to information from the Russian media as an attempt to influence the state and the government, then such a measure can be applied by other countries in the context of protecting national interests1.

Summing up, it is worth saying that the blocking of the Russian media can be interpreted as a violation of the digital sovereignty of the country, if we consider this action as a restriction of freedom of speech and information exchange. However, the restriction of access to the media can be considered as an act of political influence on the government of the country.

Цогоева Е. К. Университет имени О.Е. Кутафина (МГЮА)

Cтудент

Legal regulation of blockchaintechnology

Abstract. This article is devoted to the issues of legal regulation of blockchain technology on the example of various countries, such as the United States of America, Canada, Great Britain, the United Arab Emirates, Estonia and the Russian Federation.

Keywords: blockchain technology, legal regulation, cryptocurrency.

Nowadays, blockchain technology is used in countless areas such as financial transactions, data management, authorship and ownership, transactions with various goods and raw materials, electronic voting and are also relevant for banking institutions, private and public administration. Despite such a wide range of areas in which blockchaintechnologyisapplicable,mostcountriesstillhavenotprovidedforlegalregulation of the technology.

We would like to consider the issue of regulation of blockchain technology in different countries in the existing conditions of interaction between states to answer the

1 YeliH. AThree-Perspective Theory of Cyber Sovereignty // URL: http://www.cco.ndu.edu/ Portals/96/Documents/prism/prism_7-2/10-3-Perspective%20Theory.pdf/(аccessed:28.10.2020).

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question if legal regulation of blockchain necessary in terms of decentralization of this technology.

1.Legal regulation of blockchain technology in Unites States of America. Due to the size and federal structure of the several current legislative trends and variations in thelegalregulationoftechnologywereexpressedatonceatdifferentlevels —federal, departmental and state. At the US federal level, the regulation of cryptocurrencies is discussed only within the framework of bills against financial crimes and money laundering, there is no separate cryptocurrency legislation and it's not planned to be drafted. On the state level, there is a variety of approaches from different countries: crypto-liberalism, when the state permits operations with cryptocurrency, crypto-stat- ism, when the state licenses operations with cryptocurrency, and crypto-enthusiasm, when the state relies on the development of the crypto sector1. For example, in 2020, a bill on licensing of cryptocurrency companies was submitted for consideration in the stateofNewJersey.AccordingtothedocumentcalledtheBlockchainandDigitalAssets Act, ifa company plans toprovide cryptocurrency-related servicesinNewJersey, itwill have to obtain an appropriate license. The bill, if adopted, also provides for a fine of $ 500 per day for participating in unlicensed transactions with digital assets. Now, the document is still under development.

Speakingabout the latestproposalsforregulatingthe digitalspace, itisimportant to mention that on October 2, 2022, the U.S. senators passed a new bill amending the Cybersecurity Information Exchange Act of 2015, providing that crypto firms must report cyber threats they face. As a result, crypto companies will receive assistance from government agencies in the event of a data leak, exploit or ransomware attack. Transferring suspicious objects to law enforcement agencies will also reduce the risk2.

2.Legal regulation of blockchain technology in Canada. Canada allows the use of cryptocurrencies on the blockchain, but they are not considered a legal means of payment in Canada, which is only the Canadian dollar. That is, private transactions with cryptocurrency are not prohibited, but one cannot pay taxes with bitcoins. The CanadianTaxAgencydefinescryptocurrencyasacommodity,declaringthattheuseofcryptocurrency to pay for goods or services should be considered as a barter operation. Thatmeanscryptocurrencyisa commodity thatisusedtoexchangeforother goods — like chips at school. The rest of the cryptocurrency transactions are subject to the tax laws and regulations of Canada, including the Income Tax Act.

1 Cryptocurrency Regulations Around The World // Comply advantage. URL: https://com- plyadvantage.com/insights/cryptocurrency-regulations-around-world/.

2 NewJerseyAssembly Bill 2891 // LegiScan. URL:https://legiscan.com/NJ/bill/A2891/2020.

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Nowexpertssaythattherearepositivetrendsinthelegalregulationofblockchain in Canada, and especially bitcoin, after the election of Pierre Poilievre for the post of Prime Minister on September 10, 2022, who campaigned for «free money» during the elections and that people should be free to invest and use bitcoin.

3.Legal regulation of blockchain technology in Great Britain. In the UK the status of cryptocurrencies is still not clearly defined. Until 2014 cryptocurrencies were classi- fiedas«single-purposevouchers»transactionswithwhichweresubjecttovalue-added tax (VAT). Since January 2020, the situation has changed: now the FCA (Financial Conduct Authority, the financial regulatory authority in the United Kingdom) is engaged in combatingmoneylaunderingandterroristfinancing,includingcontrollingcryptoassets in the UK1.

According to the latest news, on September 22, 2022, The U.K. introduced a bill to make it easier for law enforcement agencies to seize, freeze and recover crypto assetswhenused for criminalactivitiessuchas moneylaundering,drugsandcybercrime, the government said Thursday. The bill is designed to build on the earlier Economic Crime (Transparency and Enforcement) Act that helped regulators place sanctions against Russia and freeze relevant assets in the country. Regulators have been concerned that some Russians have been using crypto to avoid sanctions2.

4.Legal regulation of blockchain technology in United Arab Emirates. One of the most important events in the global legal regulation of blockchain is that on February 28, 2022, the Emirate of Dubai adopted Law No. 4 of 2022 on the Regulation of Virtual Assets (VAL) and established the Dubai Virtual Assets Regulatory Authority (VARA). By establishing a legal framework for businesses related to virtual assets, including crypto assets and interchangeable tokens (NFT), this landmark law reflects Dubai'svisionofbecomingoneoftheleadingjurisdictionsforentrepreneursandinvestors of blockchain technology. VAL came into force on March 11, 2022, after its publication in the Official Legal Bulletin of Dubai.

VAL defines a «virtual asset» as a «digital representation of value that can be sold digitally or transferred or used as an exchange or payment instrument or for investment purposes,» and a «virtual token» as a «digital representation of a group of rights that can be issued and sold digitally through a virtual asset platform». VARA will have legal status and financial and administrative autonomy, with independent and legal

1 Cryptocurrency Regulations Around The World // Comply advantage. URL: https://com- plyadvantage.com/insights/cryptocurrency-regulations-around-world/.

2 UK Introduces Law to Seize, Freeze and Recover Crypto// CoinDesk. URL:

https://www.coindesk.com/policy/2022/09/22/uk-introduces-law-to-seize-freeze-and-recover-crypto/.

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abilitytoprotectandregulatestakeholdersinvirtualassetservices.VARAisresponsible for regulating, overseeing and overseeing the issuance, offering and related disclosure processes of virtual assets and NFT; will cooperate with other federal agencies, including the UAE Central Bank, issue a code ofethics, generalpolicyand strategic plans, and be responsible for compliance with VAL. However, VARA will not regulate services related to virtual assets at the federal level1.

5.Legal regulation of blockchain technology in Estonia. Estonia is one of the leaders in the regulation of cryptocurrencies and the development of the crypto business. ThepeculiarityoftheEstonianapproachisthestrictestpossibleregulation,stimulating not the development of crypto entrepreneurship «in general», but the «white» crypto business,providingthemost«secure»serviceswithinthemoststringentrequirements.

As in some US states, there are licenses for cryptocurrency transactions in Estonia — one for exchanging cryptocurrencies for fiat, the other for storing cryptocurrencies.SinceJuly 1,2020,inEstonia,therulesforobtainingbothlicenseshavebeentightened to the level of traditional financial organizations. In other words, a company providingcryptocurrencyexchangeandstorageservicesissubjecttothesamerequirements as any other financial institution operating by fiat, and their execution is under the jurisdiction of the same regulator, the Estonian Financial Police. To date, Estonian legislation regarding crypto business is the strictest in the world of non-restrictive, i.e., regulating the crypto industry, and not prohibiting it2.

6.LegalregulationofblockchaintechnologyintheRussianFederation.Nowadays, the regulation of blockchain in Russia is provided for only by the law «On Financial Digital Assets», which came intoforce in early 2021. The documentequates cryptocurrencies with property and prohibits their use as a means of payment.

However, attempts are increasingly being made to expand the legal regulation of blockchain. For example, on April 29, 2022, a draft law «On mining in the Russian Federation» regulating the sphere of cryptocurrency mining was submitted to the State Duma of the Russian Federation. The State Duma Committee on the Financial Market recommended the parliament to reject the bill on cryptocurrency mining introduced by thedeputiesof the NewPeopleparty. According tothecommittee'sconclusion, the

1 Dubai Issues Its First Crypto Law Regulating Virtual Assets // The National Law Review. URL: https://www.natlawreview.com/article/dubai-issues-its-first-crypto-law-regulating-virtual- assets.

2 Estonia Wants To Be A Friendly Area For Crypto Trading // Crypto Global Capital. URL: https://cryptoglobalcapital.com/countries/estonia.

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bill provides for the use of cryptocurrencies as a means ofpayment in the Russian Federation, which contradicts the Constitution1.

In conclusion, it's worth pointing out that anonymity and lack of control has certainly provided digital assets with the first followers, but now this is already seen as a kind of weakness of the sector that prevents the mass spread of cryptocurrencies. In the long term, stricter regulation of the crypto market will help protect investors, increase competition among its players, help in the fight against crime in this field, increasethenumberofinnovationsandattractnewinvestors.Atthesametime,forusers whovalueprivacy,decentralizedplatformsandanonymouscryptocurrenciesoperating in less regulated jurisdictions will remain. The crypto market can no longer avoid the attention of the authorities. Financial institutions and large investors strive for order and a controlled environment for doing business. However, it will be necessary to correctly work out the rights and obligations of both investors and stat

Чернышов Н. А. Университет имени О.Е. Кутафина (МГЮА)

Cтудент

Digital sovereignty in the context of world globalization

Abstract. The article presents a study concerning digital sovereignty of the state and its impact on globalization in the modern world.Thepurpose of this study is to determine the role of digital sovereignty and to answer the question of how rational it is to establish sovereigntyincyberspace.ThearticlepresentsawiderangeofscientificworksbyRussianand foreign researchers.

Keywords:digitalsovereignty,legalregulationofcyberspace,globalization,stateregulation of the Internet.

Nowadays there is a tendency of the state to regulate as many social relations as possible by laws. If the state tries to control the Internet sphere, it reveals a new problem: does the state have to establish sovereignty in cyberspace? Some scientists say that the state does not have to interfere in the Internet, because this field is unique and was not created by the state, so it has to exist without any state control2. While others claim that the importance of digital sovereignty is growing due to the global

1 Draft law No. 127303 8 // Legislative Activity Support System. URL: https://sozd.duma. gov.ru/bill/127303 8?ysclid=l97igsfvb7785145781.

2 A Declaration of the Independence of Cyberspace // Electronic Frontier Foundation. URL: https://www.eff.org/cyberspace-independence (дата обращения: 02.10.2022).

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nature of technological transformations and the extraterritoriality of digital technologies1. In the context of globalization of the modern world we have to decide if digital sovereignty is necessary or it will lead to an increase in the number of isolated political regimes and a halt in the exchange of cultural experience.

To start with, we would like to define the main terms that willbe discussed in this article. It is important to differ terms «state sovereignty» and «digital sovereignty».

State sovereignty is the supremacy of state power within the country, i.e., its independence in determining the context of its activity, full rights in establishing the mode of life of society within its territory and independence in relations with other states2. There are a lot of disputes and approaches in definition of the phenomenon of digital sovereignty, but the most accurate is the ability of the state to independently determinethedegreeandmethodsofitsparticipationornon-participationinrelations related to the use of digital technologies to implement its own interests3. Therefore, we can mention that «digital sovereignty» and «state sovereignty» are similar terms, but they do not coincide at all.

Question of the importance of digital sovereignty is very disputable. Some researchers say that digital sovereignty is a completely meaningless concept in an open society4. In fact, world society became more open and transparent. Today more and more people can share content on the internet with different people. When countries «divide» the World Wide Web, they restrict people from consuming that content and the dialogue of cultures disappears. Attempts to form digital sovereignty can lead to forming closed political regimes and, as a result, technological backwardness due to the lack of international scientific and technical cooperation5.

On the other hand, transformation of people relations from «offline» to «online» can lead to violation of human rights in cyberspace. In such cases, extension of state sovereigntytothedigitalenvironmentcanbethemosteffectivewaytopreventhuman

1 Кутюр С.Тоупин С. (2020) Что означает понятие «суверенитет» в цифровом мире? // Вестник международных организаций. Т. 15. № 4. С. (на русском языке).

2 Теория государства и права : учебник / Л. А. Морозова. 4 е изд., перераб. и доп. М. : Эксмо, 2010. С. 47.

3 Никонов Вячеслав Алексеевич, Воронов Александр Сергеевич, Сажина Варвара Андреевна, Володенков Сергей Владимирович, Рыбакова Марина Владимировна Цифровой суверенитет современного государства: содержание и структурные компоненты (по мате- риаламэкспертногоисследованиЯ) //Вестн.Том.гос.ун-та.Философия.Социология.Поли- тология. 2021. № 60. С. 206.

4 Там же. С. 210.

5 Там же.

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rights from violation. The main directions of state regulation in cyberspace are: ensuring thesafety of personaldata of citizens obtainedasaresult of information exchange, and excluding their use for illegal purposes; observance of labor and other social rights ofcitizensinthecontextoftheirinvolvementinnewdigitalformsofeconomicactivity1. Therefore, the main function of the state in the Internet area is protecting rights and freedoms of a human and a citizen.

Some scholars retain that the state does not have to interfere in the web processes.Itmustexercisesupervision,butdoesnothavetocontrol thissphere.Themain carrierofsovereigntyincyberspaceshouldbethepeoplewhousetheInternet,butnot countries2. We believe such an approach should become the main principle of cyberspace to prevent some risks that appear when the state starts controlling the Internet and spreading its sovereignty to cyberspace.

Nowadays we can see numerous examples of establishing digital sovereignty in the legal field of different countries. There is a tendency of so-called «sovereignization».For instance,intheRussianFederation thisisexpressed insomeamendments to the federal information legislation. The Federal Law No. 90 FZ of May 1, 2019 «On Amendments to the Federal Law «On Communications» and the Federal Law «On Information, Information Technologies and Information Protection»3 (so-called «the Law on the sovereign Internet») came into force not so long ago. The law defines the necessary traffic routing rules and controls their compliance, aswell as regulates the creation of the necessary infrastructure that will ensure the operability of Russian Internet resources in case it is impossible to connect Russian telecom operators to foreign root servers4. It means that the Russian segment of the Internet separates from the World Wide Web and will have its own system in case of disconnecting the Russian Internet from the world network. These are the first steps of establishing digital sovereignty of the Russian Federation.

1 Колосова Т. Е. Проблемы реализации охранительной функции государства в сфере защиты прав человека в цифровом пространстве // Актуальные проблемы государства и права. 2022. Т. 6. № 2. С. 156.

2 Кутюр С.Тоупин С. (2020) Что означает понятие «суверенитет» в цифровом мире? // Вестник международных организаций. Т. 15. № 4. С. (на русском языке).

3 Федеральный закон от 01.05.2019 № 90 ФЗ «О внесении изменений в Федеральный закон«О связи»иФедеральныйзакон«Обинформации,информационныхтехнологияхи о защите информации» // Официальный интернет-портал правовой информации. URL: http://www.pravo.gov.ru. 01.05.2019.

4 Как будет действовать закон о «суверенном Интернете»? // Государственная Дума Федерального Собрания Российской Федерации. URL: http://duma.gov.ru/news/46774/ (дата обращения: 04.10.2022).

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Such attempts to regulate information and digital space and create digital sovereignty are made not only in Russia. Such attempts are also undertaken in China, the USA and other world powers. Therefore, we can mention that this tendency is global and more and more countries try to spread their sovereignty to cyberspace.

Is it possible to build absolutely strong and independent sovereignty in cyberspace? We suppose that it is very difficult and almost impossible. The Internet should remain a «state-free» zone, where people all over the world will have the opportunity tocommunicateandshareideas.Creationofstatebordersincyberspacewillstopglobalizationanditwillleadtoisolationofcountries.Topreventthis,statesshouldconsider the World Wide Web as the global territory and give people freedom in cyberspace.

Язев Д. С. Университет имени О.Е. Кутафина (МГЮА)

Cтудент

YouTube policy on blocking video content and channels

and its compliance to the Russian legislation

Abstract.Thearticle examines themechanisms forrestricting content onthe video hosting called ‘YouTube’ and the legal regulation of the content that is published on this video hosting within the framework of the legislation of the Russian Federation. The most frequent reasons for blocking video channels on YouTube have been revealed. The article gives an overview of the cases connected with YouTube blocking certain channels.

Keywords: Blocking YouTube channel, restriction of video content, legal regulation of content distribution on YouTube.

Today, a great number of individuals use a variety of sources to obtain information. There are books, which mankind has been using for centuries. Moreover, newspapersandtelevision,whichappearedinthe20th century,havebeenwidelyused as a main source of information.

However, in recent years, there has been a massive increase in the number of people who prefer using the Internet as the main source to obtain information. The Internet is characterized by accessibility, diversity, and openness.

Nowadays, various social networks and hosting sites play a special role. YouTube hasbeenplayinganintegralpartinthedevelopinginternetworldwide.Forthelast13– 14 years,YouTubehasbeenexpandingtremendouslyandithasbeengainingmoreand more users. In addition, many people have started to fulfill their creative potential on

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YouTube and have become bloggers, such as Kate Clapp, PewDiePie and others. Furthermore, YouTube has attracted a number of famous performers, such as Madonna, Britney Spears, Rihanna, who have been publishing their videos on this platform since the late noughties.

YouTube has always been notable for its «democratic» attitude towards the contentpublishedthere.Nevertheless,thesituationswhenYouTubehasrestrictedvarious content and sometimes even blocked channels that publish such videos have arisen repeatedly.

DespiteallYouTube'saccessibilityandopennessinitspolicy,thisplatformadheres to several principles and can limit access to different types of information. These principles are contained in the community rules and guidelines. YouTube has to block content related to spam and fraud, limit videos of a sensitive nature, videos that incite violenceandhatred.Besides,YouTubeistoblockvideosaboutsubstancesthatarespecifically regulated by law. Special regulation applies to the distribution of false information. For instance, Russia Today was blocked for spreading false information on COVID 19 in 2021, which initially led to restrictions on the channel's ability to publish videos. It led to Russia Today using another channel to upload the videos which had been blocked before. As a result, YouTube blocked the channels altogether, citing a violation of its policy.

Hence, it is crucial for our research to specify how channels are blocked exactly and how this process is regulated in Russia.

First of all, one should note three main reasons for blocking channels and/or restricting content: a violation of YouTube's own policy1, a violation of the state legislation and a court decision, the channel owner's actions could result in legal liability or harm to any user, third party, YouTube, or affiliate.

There are three main variants of events.

ThefirstvariantdealswithYouTubeuserswhosendcomplaintsthemselves,which are considered by the Legal Department of YouTube. Upon receiving a complaint, it examineswhether the violation hastaken place. Ifthe violation hasbeendetected, the YouTube Legal Department will send a notification to the owner of the account.

However, if the violation is serious enough, YouTube may immediately block the channel without notice.

In case of the second (repeated) violation, YouTube sends a warning. The channel that may receive the warning will not be able to upload videos. Besides, some other

1 YouTube Community Guidelines & Policies.

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