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Laws, Volume 14, Issue 4 (August 2025) – 6 articles

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14 pages, 223 KiB  
Article
Balancing Privacy and Risk: A Critical Analysis of Personal Data Use as Governed by Saudi Insurance Law
by Mutaz Abdulaziz Alkhedhairy
Laws 2025, 14(4), 47; https://doi.org/10.3390/laws14040047 - 6 Jul 2025
Viewed by 235
Abstract
The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key [...] Read more.
The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key PDPL objectives? (2) How does this legislation compare with privacy–data protection approaches adopted in other jurisdictions (notably the European Union General Data Protection Regulation 2016 (GDPR))? and (3) Does the PDPL achieve a reasonable, workable balance between personal data protection (‘data subjects’ interests) and risks associated with personal data being shared with KSA insurers? The analysis confirms that these PDPL measures appear sound, but a definitive assessment of the ‘balance’ objectives highlighted here requires ongoing attention—three years of PDPL use is an insufficient basis to reach final conclusions regarding PDPL fitness for purpose. However, a tentative ‘soundness’ conclusion has reasonable support when the relevant authorities are collectively assessed, particularly regarding the treatment of personal data by KSA insurers in the context of personal insurance policies. Full article
18 pages, 280 KiB  
Article
Organisational Challenges in US Law Enforcement’s Response to AI-Driven Cybercrime and Deepfake Fraud
by Leo S. F. Lin
Laws 2025, 14(4), 46; https://doi.org/10.3390/laws14040046 - 4 Jul 2025
Viewed by 448
Abstract
The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency [...] Read more.
The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency collaboration. Findings underscore the organisational strengths of the FBI, including a specialised Cyber Division, advanced detection tools, and partnerships with agencies such as the Cybersecurity and Infrastructure Security Agency (CISA). However, constraints, such as resource limitations, detection inaccuracies, inter-agency rivalries, and ethical concerns, including privacy risks associated with AI surveillance, hinder operational effectiveness. Fragmented global legal frameworks, diverse national capacities, and inconsistent detection of advanced deepfakes further complicate responses to this issue. This study proposes the establishment of agile task forces, public–private partnerships, international cooperation protocols, and ethical AI frameworks to counter evolving threats, offering scalable policy and technological solutions for global law enforcement. Full article
16 pages, 241 KiB  
Article
Justice Delayed in the COVID-19 Era: Injunctions, Mootness, and Religious Freedom in the United States Legal System
by Karen McGuffee, Tammy Garland and Sherah L. Basham
Laws 2025, 14(4), 45; https://doi.org/10.3390/laws14040045 - 29 Jun 2025
Viewed by 392
Abstract
The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and [...] Read more.
The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises. Full article
20 pages, 2275 KiB  
Article
How Can Legal Measures Protect Chinese Doctors from Patient Violence?
by Weimin Shi, Ruiyu Geng and Hanbin Wang
Laws 2025, 14(4), 44; https://doi.org/10.3390/laws14040044 - 27 Jun 2025
Viewed by 377
Abstract
This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical [...] Read more.
This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical resources, and inadequacies in the legal protection system. Drawing on Foucault’s micro-power theory, this research proposes a tripartite governance model that includes reconfiguring medical resources through public–private partnerships, implementing proactive legal mechanisms such as hospital-embedded policing systems, and establishing mandatory protocols for treatment explanations to reduce information asymmetry. The article also highlights the importance of medical conflict mediation systems to effectively resolve disputes and ensure satisfaction for all parties involved. Full article
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23 pages, 486 KiB  
Article
Copyright Implications and Legal Responses to AI Training: A Chinese Perspective
by Li You and Han Luo
Laws 2025, 14(4), 43; https://doi.org/10.3390/laws14040043 - 23 Jun 2025
Viewed by 724
Abstract
The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while [...] Read more.
The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while fostering innovation. In China, a regulatory approach of “moderate leniency” has emerged—emphasizing control over downstream AI-generated content (AIGC) while adopting a more permissive stance toward upstream training. This model upholds the idea–expression dichotomy, rejecting theories such as “retained expression” or “retained style”, which improperly equate ideas with expressions. A critical legal distinction lies between real-time training, which is ephemeral and economically insignificant, and non-real-time training, which involves data retention and should be assessed under fair use test. A fair use exception specific to AI training is both timely and justified, provided it ensures equitable sharing of technological benefits and addresses AIGC’s potential substitutive impact on original works. Furthermore, technical processes like format conversion and machine translation do not infringe derivative rights, as they lack human creativity and expressive content. Even when training involves broader use, legitimacy may be established through the principle of technical necessity within the reproduction right framework. Full article
17 pages, 248 KiB  
Article
Incremental Progress in Combating IUU Fishing: A Review of China’s 2020 Administrative Regulations for Distant-Water Fisheries
by Qing Zhao, Xuexin Yi and Ming Jing
Laws 2025, 14(4), 42; https://doi.org/10.3390/laws14040042 - 23 Jun 2025
Viewed by 318
Abstract
Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase [...] Read more.
Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase in the suspected illegal fishing by Chinese vessels, fishing enterprises, and crew members. In 2020, China revised the RDWF (2020) to address the growing issues of IUU fishing. This study aims to evaluate the effectiveness of the RDWF (2020) in addressing China’s IUU fishing in distant water. This paper concludes that RDWF (2020) represents an incremental advancement in China’s initiatives to eliminate IUU fishing. RDWF (2020) emphasizes the government’s responsibilities in regulating vessel quantities and ensuring accurate reporting. Furthermore, RDWF (2020) adopts measures to fulfill China’s responsibilities under RFMOs. Additionally, RDWF (2020) expands the roster of operators liable for penalties and delineates IUU fishing activities that necessitate sanctions. Ultimately, RDWF (2020) develops an evaluation system to monitor compliance with anti-IUU fishing obligations as stipulated by international treaties and Chinese laws and regulations. However, RDWF (2020) encounters limitations that may impede its effectiveness in addressing IUU fishing, such as the lack of responsibilities assigned to administrative bodies, insufficient penalties for serious IUU fishing activities, and inadequate compliance with international standards for sustainable fishing. This paper provides policymakers specific recommendations for improving the identified areas of RDWF (2020) and offers insights for distant-water fishing nations that are grappling with significant IUU fishing issues to make gradual improvements in combating IUU fishing. Full article
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