The term "computer science" is known for the second century, but is still associated with the level of teaching in high school. Information theories and technologies are represented by tens of thousands of authoritative specialists. But there is still no fundamental scientific work recognized as a minimally noticeable part of public consciousness or, at least, its scientific and technical component.
The concept, subject and method of information law have become relevant recently. However, the rapid development of technology has not yet led to the "mass informatization" of society.
Contemporaries on law and information
"Information customs" in general and in the context of law, in particular, have not yet developed. The society is not yet ready, and the proportion of programmers, developers, system administrators and people closely associated with computers and programming is not large.
There are many authoritative specialists in the field of the subject and method of information law. They are constantly writing something, but they are read by students in preparation for exams, enthusiastic scientists for theirresearch, and other readers perceive as popular science background.
The concept of "information law" appeared relatively recently and is interpreted by various legal scholars in different ways.
This is the classic start to most articles, books, web resource content. However, it is impossible to determine the subject and method of information law from such a position. The reason is simple. Information existed before people began to understand and use it. It is information and its generalization, it is knowledge and skills in a syntactically strict form that began to take the form of legal custom and written law.
Computers and programming simply accelerated the process, but they did not become the catalyst that led to the emergence of a full-fledged information science. The concept of "computer science" still exists. But it is not defined objectively (and precisely) what the subject and method of information law is, since it is not defined what information is, what data, knowledge, skills, experience, etc.
Quote 1.
The term "information" comes from the Latin word informatio, which means information, clarification, presentation. Despite the widespread use of this term, the concept of information is one of the most controversial in science.
Quote 2.
Despite its widespread use, the concept of information remains one of the most controversial in science, and the term can have different meanings in different areas of human activity. Information is not matter or energy, information is information. ATdue to the breadth of this concept, there is not and cannot be a strict and sufficiently universal definition of information.
There are many similar statements. The characteristic features of each: the undoubted authority of the author, the obligatory reference to "debatable", ambiguity and a dubious analogy with the syntax of describing legal norms.
Some authors highlight:
- information in everyday life;
- in engineering;
- in cybernetics.
Others seek meaning in knowledge or the spirit world. Still others use the mathematical apparatus, abstracting from the essence of things.
The relevance of the topic is obvious, the methods of regulation of information law are in demand. But the task has not yet been set precisely, clearly and objectively.
Classical law and modern information
Even in the last century, many countries faced malicious actions in the field of information and systems for its processing. As a result, administrative and criminal law has expanded to the area of acts related to the search, storage, processing and use of information, the functioning of information systems. Right taken into account:
- software;
- hardware;
- social components.
But information has always existed. There were not always those who consciously did it:
- perceives;
- applies.
Right is "a piece of information". No matter what authoritative and competent sources say: law is always secondary. The reason is simple: to determineany relationship between people at home, at work, on the street, in a store and anywhere - you need information in sufficient quantities. It is especially important: in order to exercise the right, not static information is needed, but real information:
- in the dynamics of understanding the events that have occurred;
- in the dynamics of the situation in which this right is exercised.
The wording of classical law is determined not so much by the legislator as by custom. The imbalance between the established law and the law established by the legislator is the reason for moving towards objectively determined law.
Among professional judges, prosecutors and investigators, there are always very few specialists in information technology, programming, data transfer protocols, the Windows Zero Ring of Protection and the Linux authentication system. Nevertheless, even a novice lawyer can solve crimes in the field of information and information systems.
Civil legal relations did not develop too diligently due to the development of information technology, but at any given time, civil law could protect the interests of the right holder in any action or situation. Although this defense was not guided by knowledge of information technology, it is always effective.
Jurisprudence and programming
A lawyer thinks in models. Law school teaching preaches this as much as the practice of law denies it.
The application of law always depends on the situation and the model thatwhat worked in one lawsuit won't work in another.
The programmer "thinks with the processor" and the fact that the command cannot be executed otherwise than provided by the algorithm. Far from every modern programmer knows about the processor and the formula of its work, but even this ignorance does not give him reason to admit that the algorithm can work outside the limits of the commands written in it and their sequence.
Legal models are dynamics that are determined by the current state of legislation, existing real relations and their interpretation in a particular situation. The models that the programmer creates are reinforced concrete statics. No processor will ever break out of its loop and change an algorithm, instruction, or sequence.
Before the advent of computers and programming, information law was not perceived as such. Over time, the Internet has developed and huge amounts of information have become available. Intellectual property has become a source of fabulous income. It became possible to collect and analyze information automatically (that is, programmatically) in large volumes.
The problem of understanding what the subject and method of information law is has become relevant. Therefore, it requires attention.
Internet and information systems
The World Wide Web is a self-evolving system. The participation of an individual specialist or a community of like-minded people can change something if the “Internet” deems it appropriate and in demand. This isthe first and only (today) artificial system of a completely informational status, which has nothing to do with artificial intelligence, but has the ability to "independently" develop.
Many professionals (specialists), communication lines, high-tech equipment, tons of unique program code, adequate public attitude, political and international components - all this together creates the foundation for the "independent" development of both the system itself and society, using it.
The system is created, developed and reincarnated into a more developed system or a system of interconnected systems - not an axiom, but a reasonable conclusion from the theory of information systems.
The right of the leadership of any country to “turn off the Internet” is negligible, although something can be done physically. The public consciousness of each country will solve the problem, and such a violation of the objectively determined information rights of a person and society will cause real damage to the country's leadership. Information governs something, not a person with administrative powers.
"Right" of the information system
A programmer (developer) implements knowledge, experience and logic in an information system in a static form. Until the completion of work on any information project, this static is dynamically improved.
After completion of work, the right of the information system to perform specific functionality on specific data for the sake of a specific solution freezes in statics.
Developer's copyright, owner's property rights, consumer's rights and other legal relations have been and are regulated by the current legislation.
The "right" of the legislator to manage information
When there is no exact concept of what information is, while there is no fundamental work on information theory, the legislative method of legal regulation of information law has dubious prospects.
The legislator can pass a law on information, informatization, technology and security. It won't change anything at all. For example, criminal or civil law has evolved over the centuries. The dynamics of information processes, the logic of the development of legal relations between people has been perfected over the years over many lives and clothed in the form of an unwritten, but intuitively understood and unambiguously recognized custom. Any legislator easily fit the custom of his people into written law, and it acted accurately and objectively.
Information gave life to legal norms. Rather, not so much information as understanding and experience of its application in practice. But if scientific knowledge in the field of information processes is not stable, not reliable, does not give a guaranteed accurate and unambiguous solution, they cannot be laid down in the rules of law for this area. Apparently here, the time has not yet come. Modern law of any country:
- administrative;
- civil;
- criminal.
They do a great job handling any development and application caseany information system.
On the contrary, modern methods and principles of information law are described in many articles, books, dissertations, … - this is not the foundation for the adoption of legal norms.
The current state of affairs in the field of information is a dynamic search and analysis in the information field, which can be partly relied upon for the sake of an acceptable solution to urgent problems. This is far from a legal aspect, not a statement of the problem and not the main methods of information law.
Programming. Right
Legal norm - the syntax of the representation of semantics honed for centuries. The operator (command) in the program is the exact syntax and unconditional meaning. It was not possible and will not be possible in the foreseeable future to combine the incompatible to create any informational, and even more so intellectual system.
A rule of law is violated and enforced by a human.
The operator executes the processor. The legal norm is implemented in a situation that can be interpreted in different ways in time, in space, in a circle of people. The operator has an unambiguous choice:
- one processor;
- one syntax;
- exact meaning.
Developers of programming languages are required to follow strict algorithms and only then will their tools receive the status of demanded, practical and really working products.
Developers cannot predict the meaning that a particular programmer puts into a sequence of statements. The specific meaning of a particular statement in a program isdefined by syntax. The language developer cannot influence the sequence of operators (the movement of meaning), therefore, the programmer can put into the program something that is not provided for by the syntax of the language.
Programming and system
Real information law: subject, method, principles - all this is understandable, conscious. But it does not fit into the usual legal constructions.
Legal rules are not programming language statements. At a minimum, there is no sequence in the legal norms for their implementation. Each norm cements its part of legal relations, it is applied when necessary, and where necessary. Inappropriate and incorrect application of legal norms is not so much unacceptable as impossible.
Many lawyers, especially teachers who have mastered the basics of "computer science" easily make the association: strict syntax of legal norms=strict syntax of a programming language. Therefore, it is possible to create an intellectual system "Lawyer". Such a system will have a law at the input and give a person decisions on how to act in a given situation.
Not many lawyers understand that it is simply impossible to describe the real situation with the syntax of any programming language. The level of intelligence used in programming is nothing compared to the level of human application of the law.
The qualification required to write an information system determines the functionality of that system. The minimum required qualification is a high level of knowledge, but atin real practice, this is not enough to make informed and correct decisions.
A person (lawyer) makes decisions based on life experience, law and understanding of the real situation.
The program (such as "lawyer") has no reason to make an informed and informed decision. In the context of programming, any program implements predefined functionality over predefined data.
The method of information law is the level of understanding of the task. As well as its decisions by human consciousness within and on the basis of existing classical legal norms.
Classical and information law
Classical law took into account:
- software;
- hardware;
- social components.
When faced with the problem of updating information law and defended the latter. Administrative, civil and criminal regulations have coped well even with the situation when the professions of a programmer and a system administrator have disintegrated into dozens of significantly different speci alties.
Information security example.
Big business is a complex software and hardware system. The social factor is of the utmost importance. The requirement for high qualifications of an employee turns into problems upon dismissal.
The speci alty "security of information systems" supplements the qualifications of a programmer with the qualifications of a psychologist and sociologist, but not a lawyer. A fired employee can easily bypasssecurity perimeter to achieve their goals and harm the former employer.
The information law is powerless here, but an ordinary lawyer will cope with the task: to find and punish the guilty. Here, the conclusion of a specialist of the above speci alty will be quite enough.
Principles of information law
According to authoritative scientists, information law is based on general legal and special principles.
The first aspect means: legality, priority of individual rights, equality of rights and obligations, inevitability and responsibility.
In the second, they talk about the freedom to search, analyze and use information, the establishment of restrictions and openness, the equality of languages, etc.
Essence of information law
It is difficult to dispute the idea that one can speak about information law only in the context of a person, company, society, state. How legally true this sounds is another question.
Information is a continuous stream of signals, symbols, phenomena, events… Information is naturally perceived, understood and used. Automating information tasks is a completely different matter.
Excluding the legal and technical components, it can be defined as the central direction of development - the systematic perception of information processes and the construction of information models as they are in real life.
Having defined the subject of information law as an integral system, we can formulate the rest.
The dynamics and speed of growing interest in information law is the best way to reflect this circumstance. The best modern technologies tend to systematize the accumulated knowledge and skills into a single, accurately and reliably understood state.
