Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Dec 2022)
IDENTIFICATION AND INDIVIDUALIZATION OF A NATURAL PERSON IN THE INTERNET COMPUTER NETWORK: LEGAL ASPECTS
Abstract
Introduction. Legal regulation of individualization on the Internet is being formed. The practice of individualization of individuals on the Internet is mainly dispositive. In some cases, it is necessary to coordinate the name of an individual and his NickName. In particular, for public services, distance learning, smart contracts. Therefore, it is necessary to investigate the legal nature of individualization of an individual on the Internet. The relevance of such research is increasing with the development of the Internet and its legal regulation. The purpose of the article is to identify the features of individualization and identification of individuals on the Internet. The following research methods were used. Formal and logical - in identifying the types of individualization of an individual on the Internet. System-structural method - in identifying the features of individualization on the Internet. The dialectical method was used in comparing traditional means of individualization of an individual and identifying the features of such means on the Internet. Summary of the main results of the study. The practice of using fictitious names (pseudonyms) is widespread on the Internet. It is not justified in case of necessity of official identification of an individual on the Internet. In other cases, identification of a person on the Internet is not necessary according to his/her official name. This happens when it is allowed by the rules of the Internet community and does not contradict the imperative norms of the law. Conclusions. The degree of formal individualization on the Internet can be different. It depends on the purpose of identification, the availability of relevant legal rights and obligations of subjects. Individualization can be official (formal). Then the real name of the individual should be indicated. In other cases, a fictitious NickName may be indicated. The means of identification of an individual on the Internet may be his/her name, nickname, image, URL of a web page, domain name, IP address, e-mail address, etc. The range of means of individualization of an individual on the Internet is not exhaustive.
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