Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

Security in the cyberspace is not only a technical matter, but it also contains a human element introduced by those who design and operate the systems involved. In this respect, the incentives that befall on those persons cannot be ignored. We understand that a moral hazard arises when the risks generated by one of the parties in a transaction are borne by the other, creating an incentive to act recklessly. In this paper, we analyze three cases in which this situation occurs in a cybersecurity context and in which the incentives of manufacturers or providers of services are misaligned with the ones of users or consumers.

This work analyzes the debate surrounding the conceptualization of the link between platforms and those who work on them in the comparative law. In this sense, this paper classifies the kind of platforms and their relevance; explain the different forms of analysis; review the American and European case law, and summarizes the Chilean situation. In the end, it is not intended to conclude the debate, but to encourage the Legislative action, which, in my view, must overcome the current labor law categories. or at the very least, contribute to giving certainty and clarity to the debate.

The internet, a technology of economic and cultural transformation, is now commercially centralized. The North American Digital Industry took advantage of the fact of being pioneers. The current market concentration derives from the promotion policy in science and technology undertaken by USA since the 1930s. Later on, the neo- liberal policy benefited private actors that invested in the digital development: their bet paid off. The local strategy of combining the protection of intellectual property with the promotion of free data traffic brought revenues to all those involved; the dominant actors imposed their political and economic ideology to consolidate and promote its advantage at a global level. The internet, a technology of economic and cultural transformation, is now commercially centralized. The North American Digital Industry took advantage of the fact of being pioneers. The current market concentration derives from the promotion policy in science and technology undertaken by USA since the 1930s. Later on, the neo- liberal policy benefited private actors that invested in the digital development: their bet paid off. The local strategy of combining the protection of intellectual property with the promotion of free data traffic brought revenues to all those involved; the dominant actors imposed their political and economic ideology to consolidate and promote its advantage at a global level. The internet, a technology of economic and cultural transformation, is now commercially centralized. The North American Digital Industry took advantage of the fact of being pioneers. The current market concentration derives from the promotion policy in science and technology undertaken by USA since the 1930s. Later on, the neoliberal policy benefited private actors that invested in the digital development: their bet paid off. The local strategy of combining the protection of intellectual property with the promotion of free data traffic brought revenues to all those involved; the dominant actors imposed their political and economic ideology to consolidate and promote its advantage at a global level.

Political speech offences as defined in the Spanish Penal Code have made criminal scholars particularly uncomfortable since online social networks became popular and the number of users convicted by Spanish courts has increased. In this context, both ethical criticisms about their criminalization and those about the possible perverse effects of the criminal sanction have intensified. This study empirically analyses, in a sample of four hundred people, the defiance effect that can occur in the field of speech offences on social networks. The results suggest that participants would challenge the criminal law if they were convinced of these ideas, would tend to reoffend if sentenced, and would support a demonstration for decriminalization.

Biomedical research requires for its development the use of biological samples and data that belong to people or communities. This involves ethical and legal problems related to the protection of the dignity and rights of the subjects, which have motivated the development of international regulations. Colombia has a Statutory Law regarding the right to the protection of personal data and lacks recent regulation on health research, generating legal uncertainty for researchers, and a lack of specific guarantees for subjects of rights. A critical review of the main research ethics documents (soft law), as well as national regulations, is presented, identifying principles, rights and responsibilities related to this issue, as elements for future regulations.

The purpose of this work is to address the figure of influencers as an advertising practice and its link with the advertising contracts that the adviser can be con- cluded with them, examining their content, limits and consequences of breach of the ob- ligations imposed on the influencer, which can directly impact the latter. the protection of consumer rights and the duty of correction that must prevail among market agents. His analysis, then, is interesting not only from the perspective of digital advertising or the theory of service contracts and advertising contracts, but also from the protection of the advertiser and the remedies available, the protection of the rights of consumers and users. competitors, because sometimes this practice can become abusive, aggressive, deceptive and unfair.

The objective of this article is to discuss the need to regulate a specific case of computer forgery in the Chilean criminal law. Instead, an evolutionary interpretation of the crimes of documentary falsification established in the Penal Code is proposed, which would make it possible to dispense a legislative reform aimed at criminally punishing forgery with respect to data contained in electronic documents. Additionally, the text will examine the possibility of applying, in certain cases, other computer crimes to cases of forgery related to data, such as, computer espionage and, especially, computer sabotage.

The Chilean Congress is discussing a bill that will modify the current leg- islation on personal data protection. The General Data Protection Regulation of the European Union inspires the bill, but in some matters the legislator has decided to innovate by means of modifications that move it away from the European model. This work focuses on those aspects related to compliance with the standard of protection of personal data that was originally proposed to be achieved. This paper aims to contribute to the legislative discussion and to give an account of some of the main tools the European legislator has sought to provide data subjects for the protection of their right to informational self-determination.

On July 4, the narrow itinerary that the Constitutional Convention established itself to deliver a proposal for a new constitutional text to the President of the Republic will be successfully completed.If the new constitution is approved on September 4, Chile will have one of the most modern and inclusive constitutions of the digital dimension of people's lives. This will be, consequently, one of the greatest innovations worldwide in the field of law and technology of the last decades.

Desde marzo del año 2020, el Perú, al igual que otros países, viene siendo afectado por la pandemia COVID-19, la cual ha provocado una serie de repercusiones y la educación no fue la excepción, siendo el principal cambio la migración de la modalidad presencial a la modalidad virtual. Sin embargo, esta reforma obligatoria implicó ventajas y desventajas para los estudiantes universitarios. Por ello, el objetivo de la presente investigación fue analizar la percepción de los estudiantes universitarios peruanos sobre la educación virtual durante la pandemia de COVID-19. El enfoque de investigación fue cuantitativo, el diseño no experimental y el tipo descriptivo. La muestra fue conformada por 283 estudiantes a quienes se les aplicó el Cuestionario PAVDO-C, instrumento con adecuados niveles de confiabilidad y validez. Según los resultados, los estudiantes se caracterizaron por tener una percepción medianamente favorable sobre la educación virtual y se determinó que algunas variables como el sexo, la edad y su condición laboral se asociaron de manera significativa a la percepción que tenían sobre la mencionada modalidad de enseñanza – aprendizaje. Se concluyó que era necesario desarrollar las competencias tecnológicas y didácticas de los docentes para que puedan mejorar su práctica pedagógica.