جستجوی مقالات مرتبط با کلیدواژه « cyber space » در نشریات گروه « فقه و حقوق »

The rules of jurisprudence, in contrast to the rules of principle, are the rules that flow in all chapters of jurisprudence and used in divining minor rulings. Meanwhile, some jurisprudence rules explain the Islamic society people’s responsibility towards each other. The main question of this study refers to what these rules are and based on which proof these rules can be deduced? The research method of the current study is descriptive analytical research.  The comprehensive data comes from Quran verses, hadiths and the jurists’ quotes. According to some verses and hadiths, the rule of ignorant guidance is a jurisprudential rule that creates responsibility. One of the important applications of this rule is in virtual space which makes the scholars committed and responsible towards the users of this space. Any neglect of this responsibility due to the special features of virtual space on one hand and the lack of sufficient and necessary information among its users on the other hand will cause losses for both scholars and society.

In the conditions of the spread of the Covid-19 virus and the pervasiveness of the transformation of everyday affairs in the heart of societies and the emergence of a critical control with the onslaught of references in the cyberspace, the present research has investigated the impact of the Covid-19 pandemic on the number of cybercrimes and media literacy. The research method is applied in terms of its purpose and descriptive-survey in terms of execution method. The statistical population includes university professors, lawyers, judges, lawyers, and IT experts in the year 1400-1401. The statistical sample was 90 people, which was selected from the society by stratified random sampling. We have also used the single-sample t statistic method to analyze the research hypotheses. In line with the investigation of the role of the covid-19 pandemic on increasing the level of media literacy and reducing cybercrimes, as well as the existence of a significant relationship between increasing media literacy and reducing the number of crimes in the cyber space, the results of the study show that the Covid-19 crisis has had a positive and significant effects in increasing the level of media literacy as well as the number of crimes. Despite the increase in media literacy, we are facing a slight increase in cybercrime, but in proportion to the amount of crowding of users in cyberspace and the number of crimes before the Covid-19 pandemic and during the pandemic, we can see a decrease in crimes.

Media literacy education for users, or virtual citizens, is an indispensable necessity for individuals to effectively utilize the global Internet network and its components. A new form of education, which is evident in recent legal documents and approvals of the country, including the resolutions of the Supreme Council of Cyberspace, the Document of Fundamental Transformation, the Charter of Citizenship Rights, and the Plan for Protecting the Rights of Users and Audiences in the virtual space, is observed. The duty of the government to support the right to education, in order to realize the forty-third principle of the Constitution of the Islamic Republic of Iran, transforms the virtual citizen from a passive consumer to an influential actor in this space. Undergoing continuous and up-to-date educational courses and acquiring sufficient proficiency and skills, especially in times of societal inflammation, provides the necessary insight for the complete utilization of this space by the virtual citizen, ensuring their health and that of others, and ultimately guaranteeing the health of society. This article endeavors to introduce the elements contributing to the effectiveness of this important matter and the widespread role it plays in the positive and influential activities of virtual citizens. The precision of the legislator's consideration in managing and directing the optimal use of media and elevating it to a desirable level, due to the universal use of media in the general sense, is demanded in the legislative realm. It is necessary to clarify that in this research, media includes radio and television broadcasting, as well as virtual networks related to national media programs, which are established and active in line with their objectives and for engaging with audiences.

In recent years, with the expansion of global activities and communications in cyberspace and the development of networks and platforms based on cyber and cloud space, we have seen an increase in the number and variety of internet and cyber crimes. It is obvious that in order to control crimes in a new platform such as the Internet and cyber space, we also need to formulate laws and norms with high enforcement guarantees to prevent, control and deal with cyber crimes. In this article, we have an overview of the activities carried out in the field of the adoption of cybercrime laws at the domestic and international level. It should be noted that the history of the adoption of cyber laws in the world goes back to 1978 in America and the last law passed in this field also goes back to the agreement approved in the Convention on Cybercrimes in 2009. Iran also passed the law of computer crimes in 2018 after investigations in different periods of time. With all these efforts, it seems that with the ever-increasing progress of technology and the increase in the variety and extent of use of cyber space, the laws related to this field, unlike traditional crimes, need constant and continuous review.

Considering the huge changes that have been happening in the field of technology and the various revolutions that we have witnessed in the field of information and communication technology in the last few years, and considering the positive function of this technology, it is sometimes observed that some profit-seeking and opportunistic people try to abuse the users and to create a series of problems by learning and having the necessary skills. The cyber space provides new and highly advanced opportunities for breaking the law, as well as the potential to commit conventional and classic types of crimes in unconventional and very new ways so that the cyber criminals can do whatever they want and have in their mind in this zero and one galaxy. Considering this issue, the present study aims to explain the status of the situational prevention of cybercrimes in the light of the dominant pathology. Through the descriptive and analytical research methodology the current research has reached this important achievement that preventive measures such as restricting or denying access, regulatory measures, licensing measures, anonymizing tools, and encryption can be helpful in situational prevention of crimes in the cyberspace.

Cyber fraud is one of the most important crimes against property and ownership. Despite its many advantages, this space is a suitable platform for committing some crimes such as fraud due to its special features. The main purpose of this article is to explain the challenges of the police in detecting cyber fraud.

In terms of purpose, This research is practical and in terms of implementation method, it is a mixed type of research. The community participating in the research included experts in the field of computer crime investigation, the police, the judicial system, and other related systems. The qualitative statistical sample of 18 people was selected by purposive sampling method based on theoretical saturation and quantitative statistical sample due to the limited number of experts. The tool for collecting information in the present research is an interview in the qualitative part, and in the quantitative part, a researcher-made questionnaire based on the opinions of experts. The reliability of the questionnaire was calculated through Cronbach's alpha test of 86%. Quantitative phase data were analyzed using independent t-test using SPSS software.

FATA police is facing 50 challenges on three levels, the most important of which are: external organizational challenge (weakness of laws and regulations, development of cyber space without regard to its security, access to filter breakers), internal organizational challenge (hiding identity, complexities of cyber crime detection, Weak knowledge of users and lack of timely reporting to the police) and international challenges (weak laws and regulations, lack of facilities and infrastructure, growth of unauthorized and unregulated businesses).

The conclusion of this research have increased the knowledge and awareness of those in charge and can prevent the violation of the rights of those who have lost property, increase the authority of the judicial system and the police, and reduce financial crimes in the cyber space.

Unauthorized acquisition of military computer data causes acquisitive to use them for cyberattacks on military infrastructures, which in practice may destroy vital military systems such as offensive systems. And the defense will come. The legislator in paragraph (a) of Article 731 of the Islamic Penal Code has only provided for the acquisition of secret data in general, and there is no explicity about criminal title "unauthorized acquisition of computer data" in Article 131 of the Criminal Code of the Armed Forces. The importance and sensitivity of military computer data requires appropriate measures to be established both in the field of criminalization and punishment. In this research, how is Iran's criminal policy regarding the unauthorized acquisition of military computer data and whether there is a significant gap and deficiency in this regard or if there are other laws, such a defect or gap will be ruled out. It will be paid. The present study, while examining the relevant articles in the Criminal Law of the Armed Forces and the Law of Computer Crimes, using a descriptive-analytical method and based on library sources, concludes that Iran's criminal policy regarding the unauthorized acquisition of military computer data Both classified and unclassified by military and civilian persons, they did not enjoy the principle of deterrence and the principle of proportionality of crime and punishment, in this regard, there is a need for amendment and legal gaps that require the provision of measures that are appropriate to the importance of the data. There are military computers that have been presented in this direction.

The privacy of individuals has been affected by the development of information technology and various applications of cyber space, and due to facilitating the search and speeding up access to data, if the cyber space is not properly organized, the privacy and personal data of individuals in this space are exposed. is threatened d. In such an environment of information exchange, it is very important to pay attention to the privacy governing data and information. Identifying damage caused by data privacy violations is more complicated than civil liability for other types of privacy violations; Because in this area, there is a discussion of the issue and the death of data privacy. On the other hand, some believe in the value of data privacy. Therefore, in this article, after explaining the concept of data privacy, by proving the value of computer data based on two "object-oriented" and "relationship-oriented" approaches in the valuation and identification of the economic value or the value of material and immaterial objects and review and adaptation The traditional and new standards and rules of embezzlement in the legal system of Islam, Iran and the United States of America; The issue of identifying damage caused by the violation of data privacy and the approach of the mentioned systems in supporting the privacy of data and information will be investigated and analyzed.

The privacy of individuals has been affected by the development of information technology and various applications of cyber space, and due to facilitating the search and speeding up access to data, if the cyber space is not properly organized, the privacy and personal data of individuals in this space are exposed. Is threatened d. In such an environment of information exchange, it is very important to pay attention to the privacy governing data and information. Identifying damage caused by data privacy violations is more complicated than civil liability for other types of privacy violations; because in this area, there is a discussion of the issue and the death of data privacy.On the other hand, some believe in the value of data privacy. Therefore, in this article, after explaining the concept of data privacy, by proving the value of computer data based on two "object-oriented" and "relationshiporiented" approaches in the valuation and identification of the economic value or the value of material and immaterial objects and review and adaptation The traditional and new standards and rules of embezzlement in the legal system of Islam, Iran and the United States of America; The issue of identifying damage caused by the violation of data privacy and the approach of the mentioned systems in supporting the privacy of data and information will be investigated and analyzed.

Although "Information and Communications Technology" provides numerous and intact opportunities for development, it has some challenges and threats. The law seeks to support opportunities for prevention from and fighting with challenges and threats. Since realising the essence of any concept leads to analysing its legal effects, analysing cyberspace in light of conceptual framework first results in understanding this space and then understanding its legal effects. Considering vast and new loads of information and Communications Technology as the main question, finding the concept of cyberspace as an objective and untouchable space and its legal effects is the subject of this article. This study has been done in a descriptive-analytical way using library and internet sources. The findings of this research indicate that cyberspace law is both different and similar to physical world law. However, the principles and basis of legislation and the tools, conditions, and effects of conducting conduct in cyberspace differ from the physical world.

As an attractive, accessible and inclusive environment, the cyberspace has many capacities for the development and expansion of basic human rights and demands regarding them. But in reality and action, the mentioned space has become a tool to violate these rights, and the politicians of "authoritarian" States, with the help of the capacities of this space - especially social networks -, have violated the basic human rights including privacy, right to freedom of information and freedom of expression. The present article, employing the descriptive-analytical methods and with rational induction in the performance of some authoritarian States in the cyberspace, constitutes an attempt in finding cases of human rights violated by the "cyber authoritarianism" of the mentioned governments and the optimal understanding of the threats to the human rights using new technologies and artificial intelligence. The findings of the research indicate that cyber authoritarianism has fundamentally violated human rights by violating data privacy and security, denying free access to information, spreading false information and limiting the right to freedom of expression and that nowadays many states have been busy with establishing grounds in cyberspace for continuation of their authoritarianism by forming special malicious cyber groups such as "Keyboard Army" and using "Trolls" in the way of engineering public opinion and thought, hiding information and giving false information.

Identifying the right to privacy of individuals as one of the most important human rights is of great importance, and Islam, as the most complete religion, has paid special attention to the necessity of respecting the privacy of individuals, according to its various rulings and orders. Although in Islamic jurisprudence various aspects of privacy have not been dealt with under one title, but it can be claimed that the Islamic Shari'ah has considered aspects of this privacy that can still be discussed in the science of law. Today, with the advance of communication technologies and the expansion of the use of cyberspace, people's privacy is under threat. Therefore, the main question of the article is what are the principles and foundations in jurisprudence and law regarding the protection of people's privacy in cyberspace? In jurisprudence and the legal system of Iran, it has covered strong principles such as the need to respect human dignity, moral values, the rule of dominance, the rule of respect, and avoiding cruelty as common rules for protecting privacy in this field, in order to create the necessary space for growth and flourishing people's talents. In this regard, this research, by presenting the principles of privacy in Islamic jurisprudence and law, along with the territory and examples of privacy violations in cyber space, the strict attention of Sharia law to privacy protection is clarified.

The capabilities and facilities of the cyberspace have caused many countries to show great interest in using this space to facilitate the administration of their societies, the dependence of the countries of the world on this space cannot always be considered as an opportunity, and the threats that are made against the cyber space of a country can create irreparable risks for the governments. The cyber space of the Islamic Republic of Iran is no exception to this rule and has witnessed two waves of cyber attacks by the United States in recent years. The presented analysis indicates that in recent years, cyber threats against the country have specifically targeted sensitive infrastructures, especially in the fields of nuclear technologies. Therefore, in the coming years, the Islamic Republic of Iran will face the spread of such attacks in the field of cyber space. Therefore, the Islamic Republic of Iran, which is becoming a "network society", needs to prepare itself to deal with possible threats in this area. The purpose of the current research is "the duty of the government in creating cyber security . the obtain result show that the occurrence of cyber threats is certain due to the high effectiveness and extent and eage of use of the variety of tools and method it should create a fundamental change in the cyber space and its development with culture building infrastructure development technical measures and management to ensure the countrys cyber security the creation of cyber operational units in

Self-defense provisions as an excuse in criminal law, in the Iranian legal system like other systems, are provided with a classical view. However, nowadays increasing the number of cyber-attacks in the cyberspace and the development of technology to oppose these attacks, prior of the intervention of state and irreparable damages of cyber-attacks, makes this question if it is possible to invoke self- defense to confront with cyber-attack as an excuse in criminal law? This paper seeks to scrutinize the possibility of generalization of classical self-defense provisions to new kind of attack in light of the philosophical foundation of self-defense and eventually to examine whether the provision of sec. 156 of the Iranian Islamic penal code is sufficient in this respect. Finally, it concludes this generalization is possible and the foundation of traditional self-defense can justify the self-defense in cyber-attacks. Moreover, this paper recognizes the self-defense as a right of users in cyberspace to protect their computer system and data such as a non-cyber space.

One of the most important issues of the international community has been the use of force and the changes and evolutions it has underwent. The use of force is one of the important rules of international law, which is mentioned in paragraph 4 of the Article 2 of the UN Charter. With the comprehensive growth and development of societies, the concept of resorting to force has changed and new dimensions have been created and new methods have been used by governments. One of these methods is cyberattacks. A cyberattack is an example of a new weapon the ability of which to damage, kill and physically destroy in cyberspace, has changed the concept of the use of force. In this study, the aim is to investigate cybercrime and cyberspace to clarify the nature of cyberattacks and the relationship between these attacks and the use of force. This research has achieved its results using descriptive-analytical method. It has been found out that the development of the field of communication has led to the spread of new attacks which occur in cyberspace and, because of the unique features that these attacks have, governments are very much willing in using these attacks. Furthermore, when these attacks are carried out on a large scale and target the vital infrastructure of the country the use of force has taken place indeed and that it makes no difference whether these infrastructures are damaged or not. The mere cyber-attack on these infrastructures is the use of force and is in conflict with the Principle of Prohibition of the Use of Force contained under paragraph 4 of Article 2 of the UN Charter. Cyber-attacks can be considered as resorting to force according to this article.

simply approving an act in the Guardian Council can guarantee its legitimacy and correspondency with Canon Law. since the natural responsibility of this entity is to accord Islamic Parliment's enactments with Canon Law (religious law), besides unless legislature's enactments obtain its correspondency with the Canon Law, it can not be described as an act. The Guardian Council has enacted the computer's crime law, so it has legitimacy and for the punitive justice agents this amount of legitimacy is enough. But from the jurisprudence point of view it should be detailed more and the arguments and proofs upon which the legitimacy of this act stands be clarified. The subject of this article is to examine the Canon Law's catechism of producing, distributing and diffusing malwares in the cyber space that is the subject of clause 25 in the computer crimes law enacted under the influence of Budapest convention. There is no instance of this crime in the religious tradition and verses as it is a new crime. Therefore to prove its legitimacy we should refer to intellect and general juridicial(فقهی) rules, such as no harm rule, Tasbib rule(causation rule), Taslit rule, Al ta'azir be yadelhakem rule etc… .It is concluded that the mentioned crime not only doesn't conflict with the religious cases but also we can obtain many reasons for its legitimacy

Cyber-attacks are unknown spheres in international law due to the abstract nature of cyber-space and their intangible implications in relation to the objective space. The pursuit of international law in cyber-space, such as the advent of Alice in Wonderland, is full of wonders that, when compared with the world’s objective laws, the correct answer cannot be found for the events that occur within it. This process has led to the emergence of barriers to the development of international law governing cyber-attacks, most of which include the weakness of international legal literature on the concept of cyber-attacks and the weakness of communication between the real world and the cyber/virtual world. Although the principles and rules of international law respond partly to some of the international legal aspects of cyber-crime attacks, disagreement among governments suggests that current responses are inadequate  and inconsistencies prevail. However, two general approaches namely drafting regional and international treaties and confidence-building measures might be introduced in order to overcome the fundamental obstacles that hinder the development of international law governing cyber-attacks, through which international legal literature relating to cyber-attacks could be well-developed.

The rapid advancement of technology and the unique characteristics of cyberspace have caused change in many of international law's classic concepts, and in most cases the lack of coherent customary regimes prepared grounds for new interpretation of on classic concepts. Cyber espionage is a relatively new concept in international law, and there is no agreement on legal regime governing it. Ambiguity and fear of y extending principles and rules governing espionage in traditional sence, to the cyberspace, which is generally the domain of soft law practice, has put international law governing this new concept in a state of uncertainty. Therefore, on one hand, the legitimacy of extraterritorial infiltration acts of States through espionage remains controversial, and on the other hand, the use of virtual instruments by States for advancing their extraterritorial infiltration into cyberspace of other States, has fueled ambiguities. The lack of specific international customary and treaty obligations in this regard, paves the way for the application of general principles and rules of international law.This article seeks to elucidate the concept and scope of cyber espionage and the international responsibility arising from it, taking into account, state practice and doctrine, to answer this fundamental question that, which principles and rules of international law govern cyber espionage.

After the emergence of innovative information technologies and them casting a shadow upon people’s lives, the effects of this gift on many aspects of individual and social life will become apparent and its domain will expand to an extent that some Pillars of personal and public rights of individuals and nations will be under its sphere of influence. The issue of rights of the child have such great significance that many international documents focus on them and a convention under the name of the Convention on the Rights of the Child has been assembled upon basis of which children in need will receive more protection. Also, anything that would threaten the personal future and reputation of the child needs to be reexamined, because by publishing content in cyber space a proof and document of a an event is created in an endless space in which the deletion of said data is almost impossible; therefore the preservation of dignity and protection of children’s rights in cyber space is a fundamental issue that needs special examination. Thus in this study which is conducted in an analytical-descriptive manner, the focus is on the subject of the right of the children in cyber space by relying on the laws regarding electronic trade in Iran, Convention on the Right of the Child and International Covenant on Civil and Political Rights with focus on credibility of data and electronic records.

Identity theft in cyber space is a criminal phenomenon which has emerged vastly due to development of virtual space in different countries including Iran but because of significant legal and technical weaknesses in controlling this crime, it has brought many losses for the country. Identity theft in cyber space just like identity theft in physical space has many victims who are subject to variant losses, but the number of victims and forms and amount of losses differs between two kinds. But what are the losses caused by this crime and how should they be compensated? What is the role of the victims and what are the difficulties in identifying them? This research will try to define the victims and their subsequent direct and indirect losses using a descriptive method and it will discuss problems in identifying victims, different ways of compensation of losses and the role of victims and other involved parties in emergence of the crime which are going to be studied comparatively and analytically in this article based on the experience of United states of america’s criminal system.