Electronic Communications Services Research Articles

Generalized methodology of valuate using the satellite repeater connection for targeted purpose.

Providing electronic communication services to military formations that protect the state in the conditions of repelling a full-scale military invasion of the Russian Federation, requires the creation of a communication system (SZ) of the Armed Forces (AF) of Ukraine, which has the necessary properties to perform the assigned tasks as intended [1; 2]. According to the standard AJP-3 «Joint doctrine of the conduct of NATO operations» [3], increasing the combat capabilities of the combined forces and supporting operations (combat operations) is carried out, including through the use of satellite communications. The potential capabilities of satellite communication, such as broadcasting, high reliability and quality of communication channels, independence from distance, physical and geographical conditions, and high mobility, allow to ensure the communication of subscribers of the electronic communications system of the armed forces, which is a combat platform that allows the system management to receive network information services in real time. Modern satellite repeaters (SR) can have up to several dozen transponders of several frequency bands [4–6]. Satellite communication systems, which include several SRs, can provide high bandwidth of radio channels and the possibility of transmitting large volumes of information through them and allow solving the problem of creating global information and telecommunication systems and networks. The satellite communication system of the AF of Ukraine should be able to change the configuration for a specific service area depending on the needs of certain types of satellite networks, and therefore the satellite communication system of the AF of Ukraine should be based, including on SR communication of commercial appointment. The article proposes a generalized methodology for evaluating satellite communication relays of the SSR of the AF of Ukraine, the novelty of which is its general orientation for satellite communication systems built according to different architectural principles, using different frequency-orbital resources and providing different services using a methodological approach, which is based on the provisions of qualimetry and the calculation of integral and relative efficiency indicators, which takes into account the characteristic indicators of individual satellite repeaters.

PROTECTION OF INFORMATIONAL PRIVACY IN THE WORKPLACE GIVEN THE ADVANCEMENT IN TECHNOLOGY

The introduction of electronic communication in the workplace has changed how employers conduct their business and, in turn, the way that employees are expected to perform their duties. Increased electronic communication services in the workplace have infused the physical employment environment with electronic communication technology. The increase in this form of communication threatens the employee’s right to privacy in today’s workplace, which is characterised by reliance on information communication technology (ICT), and in particular, the use of emails and the Internet to conduct business. The purpose of this article is to suggest a frame of reference that could assist with the implementation of the Protection of Personal Information Act (4 of 2013) (POPIA) by organisations that process personal information in South Africa based on the conditions provided in POPIA.

The Infrastructure for Providing Electronic Communication Services and its Impact on Effective Competition

The Infrastructure for Providing Electronic Communication Services and its Impact on Effective Competition

STATE REGULATION OF THE NATIONAL ECONOMY IN THE CONDITIONS OF WAR (FOR EXAMPLE ELECTRONIC COMMUNICATION SERVICES MARKET)

The purpose of the article is to systematize and generalize the features of state regulation of the market of electronic communication services under martial law. It is noted that the needs for regulation during the war may change depending on market conditions and the structure of the legal framework, shelling of critical infrastructure, cyber attacks, but the key components for effective regulation are the functional aspects of the regulatory body, its subordination, the analysis of the preventive and operational regulatory impact at decision-making, protection of the industry and protection of consumer rights, etc. The article presents the regulatory framework of the state regulation of the market of electronic communication services in modern and historical aspects. It was determined that the national regulator of the market of electronic communication services in Ukraine is the National Commission, which carries out state regulation in the fields of electronic communications, radio frequency spectrum and the provision of postal services (NСEС), the main functions of the regulator are given. The main directions of state regulation of the market of electronic communication services in Ukraine are considered. It is substantiated that the trends towards liberalization in the field of electronic communications are related to global processes and opportunities that regulatory bodies face as services expand, platforms and network operators converge. It was noted that responding to market behavior and the growing need to ensure the safety of critical infrastructure and protect consumer rights determines the use of appropriate regulatory tools, the choice and adoption of which is complicated for the industry regulator in the modern convergent environment due to military actions. The corresponding institutional structure is described. It was concluded that the institutional structure in the field of electronic communications is complex, it includes relations of industry regulation between the state and international institutions, relations between the industry regulator and the antimonopoly authority, during the years of independence, the regulatory system in the field of electronic communications of Ukraine has gone through many stages and, accordingly the object of regulation changed (electrical communications, telecommunications, electronic communications). In conclusion, it is stated that a certain dualism of the need for state regulation can be traced due to the inefficient functioning of market mechanisms, which, in turn, is due to the lack of the necessary institutional structure that would fully satisfy the needs of the national economy in wartime. It is emphasized that usually the state regulation of electronic communications is aimed at ensuring a competitive market structure in order to achieve advantages from such a structure, from the point of view of the consumer, lower tariffs, better quality and an expanded range of services, and from the point of view of the state and business entities – to achieve maximum market growth with an increase in volume, lower costs, development of new services. However, in wartime, aspects of security, preservation of infrastructure and protection against cyberattacks come to the fore. It was concluded that in the field of electronic communications, in the presence of significant network effects, important areas of state regulation appear in wartime, which are related to standardization and compatibility, which shape the nature of innovation and price competition, as well as ensuring the stable functioning of networks after shelling of critical infrastructure. In the absence of compatibility of security and market aspects, the benefits for consumers and the provision of competition in the relevant market are reduced, as well as the fulfillment of social functions historically inherent in the communications industry is impossible.

Lifting a regulatory millstone around 5G investors’ neck – 5G network slicing versus EU-net neutrality?

Highly quality-sensitive 5G use cases, such as metaverse-type applications, connected and autonomous driving or digitalised health applications, are the future of the mobile internet. These use cases will rely on 5G network slicing technology to ensure scalability and individually calibrated Quality of Service (QoS) levels. New electronic communications services ensuring specific QoS levels are subject to EU-net neutrality rules laid down in Regulation (EU) 2015/2120 and are currently being assessed by national regulatory authorities (NRAs) on a case-by-case basis. As acknowledged by the European Commission (EC) in its recent report on the implementation of the provisions of Regulation (EU) 2015/2120, this case-by-case approach results in legal uncertainty and acts as barrier to investments and innovation. In particular, it is often unclear to internet service providers (ISPs) if innovative quality-sensitive content, applications or services may be delivered via specialised services in accordance with Article 3 (5) of Regulation (EU) 2015/2120. The purpose of the article is to show a way to enhance legal certainty in the application of Article 3 (5) of Regulation (EU) 2015/2120 while preserving the fundamental digital rights of end-users regarding equal and non-discriminatory treatment of data traffic by ISPs as well as transparency. Specifically, striking this delicate balance could be achieved by introducing rebuttable presumptions to shift the burden of proving that “optimisation is necessary in order to meet requirements of the content, applications or services for a specific level of quality” (Article 3 (5) subpara. 1 of Regulation (EU) 2015/2120) and that specialised services are “not […] to the detriment of the availability or general quality of internet access services for end-users” (Article 3 (5) subpara. 2 of Regulation (EU) 2015/2120) away from ISPs and towards NRAs.

Obligations of the providers of electronic communications services in terms of the general and indiscriminate retention of traffic and location data – a commentary on the Judgment of the Court (Grand Chamber) of 5 April 2022 in the Case C-140/20 G.D. v The Commissioner of the Garda Síochána and Others.

Over the years, the issue of indiscriminate and general retention of traffic and location data has been considered many times by the Court of Justice. The Court has concluded that this is a tool that violates the rights included in the Charter of Fundamental Rights and that its further use should be limited only to the most serious purposes. In the commented judgment, the right of Member States to impose obligation of indiscriminate and general retention of data of users of this network onto the providers of electronic communications services was limited to precisely defined situations and in certain situations, methods of data retention that are less infringing on fundamental rights were explicitly named and allowed by the Court.

EU: Data retention by providers of electronic communications services for the purpose of fighting criminal offences of financial market abuse

Article EU: Data retention by providers of electronic communications services for the purpose of fighting criminal offences of financial market abuse was published on October 1, 2022 in the journal Computer Law Review International (volume 23, issue 5).

Signal Optimization of Electronic Communication Network Based on Internet of Things

In order to solve the problem that many people communicate at the same time, there are many external interference factors, and the signal is prone to instability in the process of electronic communication, the author proposes a signal optimization method for electronic communication network based on the Internet of Things. The method takes the cloud trust mechanism as the dynamic evolution trust relationship between various Internet of Things electronic communication services, performs explicit and implicit uncertainty conversion, calculates the objective function of data communication network performance, and confirms the control strategy. The positioning information of the network nodes in the communication is added to the communication data packet, and the most stable electronic communication path in the network is obtained to form the network topology structure. The Krasovsky method is adopted, and the working state of the nodes of the communication network is divided into the congested state and the normal state, the probability of the two is calculated, and the range of the transition balance is determined, so as to realize the optimization of the stability of the network topology. Experimental results show that the transmission rate of this method has been maintained at about 180 Kb/s; although there is fluctuation, the fluctuation value is small and the transmission rate is very stable. Conclusion. It can improve the accuracy of electronic communication of the Internet of Things and is less affected by external interference factors, and the communication transmission rate is faster.

ЗАХИСТ ПРАВ КОРИСТУВАЧІВ ЕЛЕКТРОННИХ КОМУНІКАЦІЙНИХ ПОСЛУГ В УМОВАХ ВІЙНИ

The article raises the issue of protecting the rights of users of electronic communication services in emergencies, including war and the threat of nuclear danger caused by the seizure of Chernobyl and Zaporizhzhia nuclear power plants by the Russian occupiers. Using a number of methods of scientific knowledge: threats to users of such services are identified, relevant in all conditions (abuses of digital rights, cybercrime, monopolistic abuses in the field of electronic communications, lack of professionalism or integrity of providers of electronic communications services, defects in legal regulation spheres), as well as threats that have become especially relevant during martial law (individual cybervulnerability of the majority of Ukrainians, which the Russian occupiers use as weapons against Ukraine); the Ukrainian legislation from the point of view of protection of the rights of users of electronic communication services is analyzed; problems of legal regulation on the specified questions are revealed and ways of the it decision are offered. Universal legal mechanisms for protection of the rights of electronic communications users have been identified (mandatory authorization and licensing of radiofrequency spectrum for providers of electronic communications services, a number of related responsibilities, including compliance with technical regulation requirements; transparency of relations provided by the digital regulatory platform, system of bodies in charge of electronic communications in order to comply with the legislation on electronic communications; antitrust regulation of this area), as well as gaps in the system of protection of users' rights, namely: lack of legislation on digital rights and digital responsibilities of citizens in the Constitution of Ukraine and mentions of individual cybersecurity and cyber defence in the Law of Ukraine “On Basic Principles of Cyber Security of Ukraine”. It is proposed to close gaps in legal regulation to better protect the rights of users of electronic communications services, including digital rights, among which the right to access the Internet and the right to individual cybersecurity play a particularly important role in emergencies of Russian aggression and the dangers associated with it.

Effects of Railway Market Liberalisation: European Union Perspective

Network activities are an essential part of the economy. They represent services of general economic interest and include electronic communication, electricity, postal and railway services. At the end of the 1980s, the European Commission brought forward legislative proposals to open the monopolistic service markets of general economic interest. In that way, states would prepare the legislation to liberalise services, and state-owned monopolistic enterprises would adapt to the new conditions in the market. State-owned railway companies were megalomanic, exerting a triple role of managing the railway infrastructure and service facilities and providing railway transport services. In the early 1990s, the European Union (EU) adopted new legislation that would open the railway freight transport market. This initiated a new era of the railway. Separation of the functions within state own monopolistic companies into infrastructure management and railway undertakings quickly became a reality, paving the way for new railway freight operators. EU directives are implemented differently throughout the EU, which leads to various solutions. We have analysed various scientific and professional sources to understand better different correlations between the traffic parameters of the railway freight transport market. The key parameters were: (1) number of new undertakings, (2) ton-kilometres, (3) infrastructure charges and (4) quantity of transported goods. This paper researches the current state of the railway freight transport market and aims to define the shortcomings in the analyses of the impact of railway liberalisation on freight transport. Our research pointed out the need for seeing a broader picture of state interventions and infrastructure manager independence in the context of preventing market marginalisation. In addition, we have concluded that a number of the new undertakings is not a crucial parameter for understanding the railway freight transport market.

Current state of harmonization of domestic legislation in the field of protection of consumer rights with the legislation of the European Union

The current state of harmonization of Ukrainian legislation, which protects the rights and legitimate interests of consumers in distance trade is analyzed. The current state of electronic communication (interaction) between public authorities, businesses and consumers.
 Approaches to the formation of EU secondary legislation in the field of consumer policy are revealed. The first approach, based on the principle of full harmonization, increases the level of consumption, provides a high degree of consumers protection. Another one provides Member States with the right to go beyond consumer protection, and to maintain more strict national rules, which must comply with primary EU law.
 The expediency of creating an "E-buyer" platform for sellers who carry out business activities in online stores is argued.
 It is noted that the procedure of e-seller identification will simplify the identification of the seller at the stage of online shopping, should be free and carried out by the consumer himself online.
 The innovations of draft laws on consumer protection in the remote conclusion of contracts are described.
 Amendments to the legislation on establishing the right to apply to the competent authority on restrictions, restoring access to the website of the provider (owner or owner) of electronic communications services, where the information is posted, are proposed.
 The necessity to provide a warning mechanism in case of restriction of access to e-sellers' websites and to set a deadline for providing sellers with additional time (within two days) to correct their data is considered.
 It is suggested that requests to block websites should be sent to the provider (owner or owner) of electronic communications services.
 It is noted that the procedure for restricting and restoring access to information resources should be provided only by law.

International legal aspects of internet regulation in the European Union

The purpose of the article is to provide a list and briefly analyze international legal mechanisms, as well as legal sources and acts of the EU aimed at regulating the use of the Internet and electronic communication technologies within the organization; identify areas, status and directions of internal and external harmonization of the described regulatory mechanisms. Scientific novelty of the work is to consider the mechanisms and basic regulations of the European Union in the process of their creation and in terms of their role in the formation of a single digital space of the organization. Specific works of domestic scientists in the relevant field were generalized and supplemented, as well as the basis for further research was established. In the early 2000s, EU lawmakers focused on the develop-ment of basic regulations in the field of telecommunications, digital networks and Internet services. As a result, a number of Directives and decisions have been adopted since 2002; at the same time, the development of regulatory mechanisms that would operate within the digital space of the EU actively lasts since 2009. This new stage in the process of developing harmonized mechanisms for regulating electronic communications services and the Internet culminated in the adoption in 2009 of a number of legal documents, including Regulation (EU) 1211/2009, which established the Body of European Regulators for Electronic Communications (hereinafter – BEREC), which took over the role of the national regulatory authority (hereinafter – NRA). In 2018, as part of the creation of a single digital space in the EU, an updated BEREC Regulation was adopted, as well as the Electronic Communications Code (hereinafter – the Code).Now the field of electronic communications and the Internet is undergoing numerous stages of development and reform. The research identified the main directions of EU policies, which include measures to harmonize and unify legislation for more effective interaction within both the EU and external partners: cybersecurity, copyright and personal data, and telecommunications services. These areas, since 2013, have been the focus of efforts, given the complexity of regulation and a rapid development of technologies. In the article, the author covers come theoretical and practical aspects of the European Commission’s activities on Internet regulation and describes the creation of the EU single digital space in terms of the process as a whole.Thus, the result of the study was a descriptive analysis of the process of formation of the EU’s legal framework, roles of organizations and institutions and the status of electronic communications and the Internet regulatory mechanisms.

CONSUMER PROTECTION IN THE FIELD OF ELECTRONIC COMMUNICATIONS

The article is devoted to the problem of protection of the rights of consumers of electronic communication services, including e-commerce. The peculiarities of the relationship with the participation of e-consumers and the related problems of protection of their rights are determined. Thus, the peculiarities of consumer protection in the digital economy are related to the specifics of e-commerce, which is carried out using digital technologies. Accordingly, consumers in this area must have the appropriate knowledge, skills, tools, and legislation should enshrine the digital rights of consumers, effective and inexpensive legal mechanisms to protect them. An example is the legal regulation of e-commerce relations in the EU, which enshrines not only the rights of consumers in this area, but also the responsibilities of state authorities and e-commerce entities to provide information support to consumers, as well as pre-trial proceedings for consumer disputes. using an electronic platform managed by the authorized body. Such legal mechanisms are provided by the Law of Ukraine of 16.12.2020 «On Electronic Communications», the provisions of which are analyzed. However, the innovations enshrined in this law are not mentioned as mandatory for application in the laws «On Consumer Protection» and «On E-Commerce». This indicates the need to supplement the relevant provisions of the above acts (laws «On Electronic Communications», «On Electronic Commerce», «On Consumer Protection») in order to ensure transparency and clarity for ordinary consumers of electronic communications services of these innovations, and in general – for effectiveness of protection of the rights of so-called electronic consumers. Key words: electronic communication services, e-commerce, e-concumer, electronic regulatory platform, online dispute resolution.

The uncertain future of data retention laws in the EU: Is a legislative reset possible?

The article discusses the CJEU's most important case law, including interpretations presented in recent cases relating to data retention for both national security purposes (Privacy International, La Quadrature du Net) and the fight against serious crime (H.K). The analysis is a starting point for discussing the draft e-Privacy Regulation, in particular a controversial proposal introduced by the EU Council that may limit the Court's jurisdiction in cases involving data retention rules that cover state security.Negotiated over the past five years, the draft e-Privacy Regulation fleshes out EU data protection rules governing electronic communication services. As a result, the way in which obligations under the Regulation are defined is critical in setting a standard for retention rules consistent with CJEU case law for decades to come. At the same time, succumbing to pressure from Member States may have the opposite result – the emergence of new ambiguities concerning not only the admissibility of data retention but also the competence of EU institutions to regulate this area of the telecommunications sector.

Ranking Cloud Computing Criteria in Developing Electronic Communications Services Using MCDM

According to the results and considering fuzzy calculations related to the capabilities of cloud computing in developing electronic communications services, the most important criteria in the "IT management in steel industries" cluster having (A) network code was "communicating with steel industries` costumers" having (AB) network code and fuzzy network weight equal to 0.096; the most important criteria in "cloud computing capabilities" cluster having (B) network code were "reducing steel industries` costs" having (BA) network code and fuzzy network weight equal to 0.191; and "providing rapid services to steel industries` costumers" having (BB) network code and fuzzy network weight equal to 0.120. on the other hand, the most important criteria in "developing electronic communications services" cluster having (C) network code was "storing the data in electronic communications services" having (CD) network code and fuzzy network weight equal to 0.123, since based on fuzzy logic calculation, they had the highest fuzzy rank in Matlab programming environment regarding cloud computing capabilities in developing electronic communications services.

Koncentracija ponude na odabranim tržištima sektora elektronskih komunikacija Srbije

The electronic communications sector is very important sector of a national economy. It provides an opportunity for facilitating business activities and it is a good area for investment. A small number of operators and a large number of users operate in most markets of the electronic communications sector. The conditions under which electronic communications services are available to users in different countries diverge, among other things, due to the degree of liberalization of individual markets in these countries. The Republic of Serbia has significantly liberalized this sector of economic activity by adjusting it according to the regulations of the European Union. However, certain entry barriers have remained, primarily related to the licenses that operators need to obtain to operate in the Serbian market. The paper aims to investigate the level of concentration in selected markets of the electronic communications sector, namely: mobile telecommunication networks and services, broadband Internet services and media content distribution. The research showed a high level of concentration measured by the Herfindahl-Hirschman index in all three markets. A further increase in concentration is expected in all analyzed markets in the short term. These research results require more attention from regulatory bodies because they increase the possibility of some form of non-competitive behaviour by undertakings.

The Proposed Digital Markets Act (DMA): A Legal and Policy Review

In December 2020, the Digital Markets Act (“DMA”) was proposed. It was prepared by the European Commission (“EC”) following several years of work. The DMA attempts to improve “fairness” and contestability” in the digital sector. The DMA acknowledges that some companies designated as “gatekeepers” maintain power over “core platform services” by virtue of incumbency advantages or bad business behavior. The DMA additionally worries about an extension of gatekeepers control over “ancillary services”, and of incipient gatekeeping positions resulting from tipping effects. The DMA states that it is built on “strong evidence” of high concentration, trading partner dependence, and unfair conduct. The DMA foresees that targeted regulation of gatekeepers’ behavior will promote the emergence of alternative platforms, improve innovation levels, and drive prices down in the digital sector. The DMA covers eight types of core platform services: online intermediation services (including software application stores), online search engines, social networking, video sharing platform services, number independent interpersonal electronic communications services, operating systems, cloud services, and advertising services. This paper gives an overview of the DMA. It does so by describing the DMA’s general characteristics (I), the “gatekeeping” market situations it targets (II), the legal treatment of gatekeeping (III), the multi-level governance system (IV), and the choice of economic policy it articulates (V). The paper concludes by highlighting areas for further consideration by lawmakers (VI). The ambition of the paper is essentially descriptive.

OTT regulation framework in the context of CJEU Skype case and European Electronic Communications Code

The telecommunications services sector is one of the most dynamically developing segments of the contemporary economy. At the same time, it is undergoing constant change, the result of its adaptation to the needs of modern digital services and the expectations of users. In practice, traditional telecommunications services are being increasingly replaced by those that offer equivalent functionality but are provided via the Internet. Examples of this type of service are VoIP telephony, instant messengers and online chat. This group of services is collectively referred to as OTT.The growing popularity of OTT services not only affects the shape of the telecommunications market, but, from the point of view of legislatures and market regulators, has also led to a number of practical problems. One of them is how to apply a EU regulatory framework established for the electronic communications sector to modern OTT services. Recently, this problem has become an object of interest to both the CJEU and the EU legislature.The purpose of this article is to discuss the effects of the recent Skype adjudication on the regulation of the OTT sector, including the pending entry into force of the European Electronic Communications Code. The analysis considers the technical and regulatory background of issues relating to the judgment, the ongoing legislative work and the importance of the judgment in practice. Ambiguities in interpretation are also identified and discussed, in particular those relating to the attempt to apply the Skype judgment and the entire regulatory framework to OTT services.These aspects will be discussed from the perspective of the protection of users' privacy, an important part of the provision of electronic communications services. The choice of this aspect of OTT services regulation would seem to be particularly apt in light of the ongoing reform of the EU data protection model, which will include the new e-privacy regulation currently being drafted.

Interoperability of interpersonal communications services – A consumer perspective

The European Electronic Communications Code (EECC) enables competent authorities to introduce interoperability obligations also for number-independent interpersonal communications services (NI-ICS) such as Facebook Messenger, LINE, Skype, WeChat and WhatsApp. Under such an obligation, consumers could interact not just with users of the NI-ICS where they have a user account themselves, but also with users of all then interoperable NI-ICS. While with traditional electronic communications services (ECS) economic theory and consumer interests align as regards interoperability since multi-homing across various operators is the exemption, it is not yet clear whether that is also true for NI-ICS for which multi-homing is the norm. Our paper draws on an online survey of n = 2044 consumers in Germany covering traditional ECS, email and 22 other NI-ICS to address this issue from a consumer point of view. We find that people proactively use the boundaries between communications services to compartmentalize their social contacts according to relationship closeness. Our finding echoes indications provided in a rich stream of computer-mediated communication (CMC) research and in particular psychological theories of relationship development. Specifically, people appear to follow a finely tuned cultural code implying a hierarchical order of communications services used depending on the closeness of the contacts. Consequently, our results provide a complementary explanation of how and why certain groups of social ties converge to a specific (set of) communications service(s) beyond network effects and shed a critical light on current policy debates around an interoperability obligation for interpersonal communications applications. They highlight that an interoperability obligation for NI-ICS would likely not be in line with consumer interests.

Sparkling Lights in the Going Dark:

This article discusses legal safeguards that could be in place in the European jurisdictions when law enforcement authorities conducting investigations of criminal offenses implement circumvention measures to bypass encryption technologies designed to protect the right to privacy of users of electronic communication services and equipment. The analysis is structured in three parts: first, two encryption technologies used by communication applications and devices are explained: end-to-end encryption and full disk encryption. Second, two encryption circumvention measures are discussed: government hacking and unlock orders. This study discusses their effectiveness against those encryption techniques, as well as their degree of invasiveness and potential harm to individuals’ rights to privacy and concludes with a list of possible legal safeguards that could be considered when implementing them. These safeguards are defined and discussed, based on European case law and national legislations analysis. Keywords: encryption; right to privacy; surveillance; going dark