جستجوی مقالات مرتبط با کلیدواژه "virtual space" در نشریات گروه "فقه و حقوق"

The development of technology is an event that has led to the improvement of human life in recent times, but the damage caused by it cannot be ignored. Virtual space is one of the new emerging technologies that has led to the spread of crimes for criminals.Since one of the methods of reducing the crime rate is their pathology and the punishment determined for them it seems necessary to investigate this issue.Therefore in this article the damages caused by the media and cyberspace from the point of view Crime and punishment have been questioned.The writing method of this research is descriptive-analytical.Among the harms caused in the field of crimes we can include harms in the family,economic,personal,social,security-political,judicial and police fields and in the field of punishments at the domestic level and international pointed out.Despite the criminalization of computer crimes we still see a legal gap in some areas.Also due to the difference in criminalization between countries,an act may be a crime in one country but not a crime in another country.In the laws of Iran with inefficiency.We are faced with certain punishment for these crimes.Considering the difficulty of finding the criminal, discovering the crime etc.it is necessary to reduce the crime rate in the cyberspace through non-criminal social and situational prevention.Data protection for the safety of users,using special devices to limit access to certain information, blocking certain websites by the Internet access provider,etc are among the solutions that can help in reducing these crimes.

Cyberspace, while having capabilities such as wide range and universality, has destructive content that threatens the children’s social and sexual mental health. Therefore, in order to protect children's mental health, it is necessary to perform pathology at the beginning and to adopt a proportional criminal policy to protect the possible victims. The purpose of this research is to study the harms of cyberspace in children and to adopt a suitable criminal policy to protect the children’s right to social and sexual mental health. The importance and necessity of this research is that these injuries cannot be prevented without identifying the harmful ways and if the victims are not protected against the harmful cyberspace, serious risks will treat their mental health.

The research is theoretical and its method is descriptive-analytical.

Due to the lack of effective criminalization, injured children are not given differential criminal protections. According to the results, social interactions of children who use cyberspace too much decrease and they suffer from social isolation, which increases the possibility of depression in them. With the development of new technologies, children are not immune and are exposed to destructive data, which causes abnormal and dangerous sexual behaviors in them. Victimized children need support from the family, the government, government agencies and Non-Governmental Organization to reduce the amount of damage that has been done to the victim.

In spite of various benefits in different fields, virtual space has unfortunately damaged real social relationships in some cases. Children have not been excluded from this development and since they spend more time online, their physical and mental health is naturally exposed to serious risks. Therefore, by providing solutions such as creating a platform for the healthy and controlled productivity of the cyberspace by families and relevant institutions, a lot of harm can be prevented. Educational institutions can support children by creating culture and providing necessary training. In Iran's legal system, as long as the criminal laws do not provide independent criminal regulations for children’s mental, social and sexual health, the right to health will not be supported by an effective and deterrent criminal law and the vulnerability of the victimized children will be doubled.

One of the problems of human societies in today's world is the crimes of cyber space, which is of great importance due to the damage to the dignity and reputation of people and their privacy. With the spread of cyberspace users and the ever-increasing use of computers in all aspects of human life, the types and manner of these crimes have increased day by day and have posed many questions to researchers in the field of jurisprudence and law. The purpose of this article is to investigate cyberspace and computer crimes from the perspective of Imami jurisprudence the present article is theoretical and has investigated the mentioned question by using descriptive analytical method and in library form. The findings indicate that pronography (prostitution), panhandling, illicit relationships, sex tourism, gambling, marriage manipulation, unauthorized acquisition, unauthorized eavesdropping, unauthorized use, defamation, defamation, insult, publication of lies, disclosure of Jurisprudence is haram and among the punishments recognized in Imamiyya jurisprudence, if the crime committed is in accordance with the title of corruption in the land or in accordance with the crimes required by the hadd, the perpetrator will be sentenced to the same punishment and otherwise, the punishment of ta'zir will include his state. will be. From a legal point of view, the legislator has criminalized these behaviors and has considered appropriate punishment for each of them, including imprisonment, fines and corporal punishment.

In the discussion of the internet space all over the world, two issues are always in conflict with each other. One is the right to public freedom and free networking, and the second is the right of sovereigns to control public order and the interests of the country. In this research, we examined the government's restrictive interventions and the current challenges of Iran were also listed. From this point of view, it was observed that the main and central issue of virtual space in the Islamic Republic of Iran - like many other countries - is the challenge and conflict between internet governance and power. It is a network (in the general sense) with national power and sovereignty.

Ethical considerations:

 In this article, the originality of the texts, honesty and trustworthiness are observed.

The findings showed that the government's passive intervention with filtering tools is not effective, and in this context, there is a need to redesign the relationship between governance and the right of citizens to access cyberspace. Redesigning the relationship between governance and cyberspace means that in both areas of "governance with cyberspace" and "governance over cyberspace", there must be a correct balance between national governance and internet governance (resulting from network power). Based on this, the redefinition of the mentioned relations, in terms of the goal in the form of guaranteeing the independence and maintaining the national sovereignty of the country, is emerging and in terms of structure and project, it is realized with the completion and development of the national information network.

The main component in formulating the ideal political theory of the Islamic Republic for cyberspace will be to preserve sovereignty through the redesign of the relationship between governance and cyberspace on the one hand, and to protect the internet rights of citizens on the other hand. This redesign, as the main axis of the political theory of the Islamic Republic for virtual space, requires other components, including tools and processes.

Following the ever-increasing expansion of virtual space in human life, appropriate rights are created with it, one of which is the right of anonymity in this space, which is based on the principles of human freedom and privacy. But Muslim societies, especially our Islamic country Iran, need to analyze it from the perspective of Imamiyyah jurisprudence and its laws, in order to gain knowledge about this emerging issue and its limits. This research, which was compiled using a descriptive analytical method, wants to solve the urgent need for research on this issue in this article and lay the groundwork for future research. The result of the present research is that Imami jurisprudence and Iranian law considers the right of anonymity as legitimate and acceptable for the user of virtual space according to the existing jurisprudential-legal evidence and considers it conditional on the three principles of "non-abuse", "legality" and "necessity". . In such a way that the owner of this right is not allowed to abuse it in terms of moral, economic and security. Also, the law can narrow this right and not allow or limit its use. "Necessity" is also considered as one of the limitations of this right that a person should use this right wherever "necessity" requires.

Nowadays, virtual space has become an inseparable part of people's lives, and with a rapid speed, it has affected all aspects of life. Technological revolution, influenced the freedom of expression in such a modern way that the development of radio and television had never done. This revolution revealed new manifestations of freedom of expression. With new developments in this field, gradually, cultural participation in various fields of the society became more prominent and the relations that were done in limited formats became bolder and more noticeable. However, the possibility to control and make restrictions in different types of communication also became more evident. Such Control that is done mainly through governmental mechanisms and opposition to the free exchange of information has entered a new stage with emergence of the social networks. Censorship, filtering and monitoring of the data and content, and progress in interception methods of correspondence and conversations in such networks have increased in line with the epidemic of these networks. In the present research, while attempting at referring to the freedom of information circulation in the virtual space, the role of the Supreme Council of Cyber Space in explicitation of the laws governing the cyberspace has been examined.

The increase in crimes and corruption in organizations has become one of the global concerns due to the alarming consequences. Using public capacity and public reporting to discover, identify and deal with crimes and corruption in the form of disclosure is one of the effective solutions. The purpose of this research is the pathology of disclosure in virtual social networks. The present research was carried out with a descriptive-analytical method and the use of library resources by studying the research done in this field. The findings of the research show that the disclosure that used to be done systematically and by the whistleblower guild with the emergence of social networks due to features such as ease of access, large number of audiences, anonymity of users, lack of media literacy of users and lack of validation. Data from users has given rise to second-generation disclosures. The results of the research show that the damages of the disclosure phenomenon are divided into the layers of the whistleblower, users, and the platform of social networks. Users' lack of ability to manage data, lack of understanding of the realm of privacy in social networks, republishing fake news and affecting security are some of these damages. Therefore, the new systematization of the phenomenon of disclosure in social networks can be achieved by considering the improvement of the transparency principle, strengthening the free flow of information and expanding the culture of disclosure

Jurisprudence is one of the most extensive Islamic sciences and knowledge that have a constructive role in the lives of Muslims. In religious traditions, it is emphasized on "jurisprudence" and the learning of halal and haram issues and its significant role in human life, so that prosperity and evolution Humanity depends on it. Among other things, in some narrations, learning the "laws of halal and haram" is mentioned as a duty of every Muslim, which should be learned from his family. It has provided advanced technologies, but at the same time, it has also created favorable conditions for the emergence of cybercrimes, which are committed by both natural and legal persons. The method of this article is analytical-descriptive, and the author in this article is looking for the question that Islamic jurists based on fourth evidences, what are their views on cyber issues centered on legal entities? Is it possible to point out some examples of legal entity issues related to cyber space in jurisprudence or not? It seems that considering the existence of legal entities and criminal liability in cyber space, although these issues are not directly discussed in jurisprudential sources, it is possible to justify the legality of criminal liability of legal entities in cyberspace with jurisprudential evidence.

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.

In line with regulating the the virtual space with the purpose of taking advantage of its capabilities and preventing its threats and damages, numerous laws and documents have been enacted, various legal structures have been formed, extensive budgets have been allocated and significant measures have been taken, but overall, the expected goals have not been realized and the desired results and effectiveness have not been observed. Therefore, this article as an analytical-descriptive research, using with the method of library collection, attempts at finding the answer to the question that what are the gaps, problems or shortcomings that cause the relevant laws and measures to be ineffective or even ineffective and the virtual space not to be duly and appropriately regulated and organized and has resulted in continuation of disorder and chaos? The conducting of this research is a step towards the pathological review of the programs, laws, approaches, priorities and costs and will lead to the effective reorganization of capacities. It will also strengthen hope and motivation in the group of responsible and responsible agents, as the lack of such research will open the way for the continuation of wasting financial and human resources and carrying out fruitless actions. The findings of the research show that the challenges of: "not regulating and organizing the national information network", "not using smart filtering", "weakness of the internal media messaging applications", "problems and obstacles to the effectiveness of the Shahkar system", "freedom of circulation of VPNs and lack of effective actions against the with offending blogs and websites", "lack of foresight regarding the problems of virtual numbers", "Lack of control of domestically produced videos", "inconsistency of the bodies in legislation and implementation and lack of a central management headquarters ", and "the predominance of negation approaches over affrimative approaches in the organization of virtual space" have caused the continuation of disorder, the failure to control the social harms and its spread. In this research, the suggested operational and practical solutions for getting out of the current situation have been explained.

Nowadays, virtual space has become an inseparable part of people's lives, and with a rapid speed, it has affected all aspects of life. Technological revolution, influenced the freedom of expression in such a modern way that the development of radio and television had never done. This revolution revealed new manifestations of freedom of expression. With new developments in this field, gradually, cultural participation in various fields of the society became more prominent and the relations that were done in limited formats became bolder and more noticeable. However, the possibility to control and make restrictions in different types of communication also became more evident. Such Control that is done mainly through governmental mechanisms and opposition to the free exchange of information has entered a new stage with emergence of the social networks. Censorship, filtering and monitoring of the data and content, and progress in interception methods of correspondence and conversations in such networks have increased in line with the epidemic of these networks. In the present research, while attempting at referring to the freedom of information circulation in the virtual space, the role of the Supreme Council of Cyber Space in explicitation of the laws governing the cyberspace has been examined.

Arbitration is one of the most common methods of peaceful dispute resolution in domestic and international disputes outside of state courts. In the present era, international commercial arbitration has become more important among merchants due to its faster resolution and cost savings for both parties, and therefore, access to new communication technologies by the global community has led to the emergence of arbitration in the virtual world and become a matter of concern. Therefore, arbitrators accept certain duties under the arbitration agreement between the parties, which, if not fulfilled, may result in civil liability for breach of contract and consequently, cause material and moral damages and establish causation. In general, the legal system of customary law has accepted immunity (exemption) from liability for international arbitrators, and in written legal systems and the arbitration system of Iran, the principle of civil liability of arbitrators has been accepted. The question that arises in the mind of the writer is what effects and provisions are applicable to the civil liability of arbitrators in virtual arbitration? In response, it should be said that due to the lack of independent, explicit, comprehensive, and coherent laws and regulations on the civil liability of arbitrators in virtual space in domestic and international areas and the fact that virtual arbitration is essentially similar to traditional arbitration, and only differ in formalities and procedures governing the process, it seems that the issue of civil liability of arbitrators in traditional and virtual arbitration does not have much difference in terms of effects and provisions.

Nowadays the cyberspace acts as a double-edged sword in all social realities and, therefore, it can be regarded either as an opportunity or as a threat. If the government does not follow a clear plan, it can easily distort its healthy and competitive environment in some special events such as elections. In this research we aim to take a documented and substantiated look at the issue with the purpose of helping in preventions of election crimes and damages. With a descriptive and analytical approach and through the documentary methodology by using library and internet data, in this article we seek to find an answer to the question of what is the role of cyberspace in the indirect management of elections and that how the election crimes and violations caused by the same could be countered with. According to the authors, the role of cyberspace in the hidden management with destructive approaches of election violations and crimes is undeniable and that the solutions such as: defining the cultural code of professional ethics of election campaigns in cyberspace, considering the time of the election as an aggravating factor of electoral crimes in cyberspace and, finally, the comprehensive election law and its consolidation for more accurate monitoring etc. are among the solutions to reduce such threats.

One of the rights of children that has been emphasized in international documents, domestic laws, and sacred Islamic texts is mental health. This right should also be ensured in the virtual space, and it is necessary for different legal systems to take measures to guarantee the mental health rights of children in the virtual space. However, it seems that this right has been neglected in many countries. This research aims to address the question of what rights children have in the virtual space to ensure their mental health, according to the Convention on the Rights of the Child, domestic laws, and Islamic teachings. Using a descriptive-analytical method and an approach based on the teachings of Islam, this study examines the rights of children in terms of education, play, access to appropriate content, and privacy in the virtual space.

Employing children for arduous and harmful work that jeopardizes their health and education is condemned. However, historical evidence shows that this reprehensible act has been prevalent in various countries and, unfortunately, continues to exist according to research conducted. In recent years, with the expansion of citizens' use of the virtual space for economic purposes, children have also been exposed to this environment, and some refer to them as child laborers in the virtual space. In this research, the author aims to answer the question, using a descriptive-analytical method, whether such children are considered workers according to current laws or not. The conducted investigations indicate that children's activities in the virtual space have different characteristics, and according to current laws, most of these children cannot be considered as workers. Nevertheless, such activities have various detrimental effects on children, endangering their mental well-being.

The present study tries to explain and investigate the cyber pornography of children with emphasis on the Law on the Protection of Children and Adolescents approved in 2019.

The type of research in this research will be theoretical and based on the analytical-descriptive method based on accepted legal principles. The data required for the current research were collected through the library method.

In most countries and legal systems with a protective view, cyber pornography of children has been considered as a criminal behavior and is considered as one of the examples of computer crimes against children, which is usually accompanied by severe punishment. The special features of cyber space such as: ease of access, convenient, fast and low-cost distribution along with security and concealment of the nature of the criminal, have made this space a special environment for committing this crime. Before the adoption of the Law on the Protection of Children and Adolescents in 2019, pornography was not defined in Iranian law, but it was recognized as a crime against chastity and public morals, which the criminal lawmaker has regulations about in the computer crimes chapter of the punishment section of the Penal Code. Islam had established The Law on the Protection of Children and Adolescents approved in 2019 defines this concept; According to Clause D of Article 1 of this law, pornography is: the preparation and production of any work whose content expresses the sexual attraction of a child or teenager, such as nudity, intercourse, sexual acts or sexual organs.

With all the progress of the law on the protection of children and adolescents approved in 2019, this law is not comprehensive regarding the punishment of the perpetrators of crimes against children, especially new crimes such as child cyber pornography, and sometimes there is a need to refer to other laws in this regard. Among them, the law on computer crimes and the law on how to punish people who engage in unauthorized activities in audiovisual matters can be seen.

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.

With the advent of new technologies, criminal phenomenon has been widespread and complicated. Today, the creation of virtual world which is a product of worldwide internet, has led to widening and transformation of social and cultural environment. New circumstances require new vision and perspective and if the science of criminology wants to deal correctly with the new circumstances, it has to take new approaches. The new state of affairs has important and different consequences for juveniles and teenagers who are psychologically and emotionally vulnerable .This article using descriptive-analytical method, tries to study the conditions in which values may fall and criminal behaviors may become normal in virtual world. The consequences of the absence of regulation, the appearance of conflicting virtual subcultures which may lead to cultural gaps, conflicts, induction of poverty and competitions in virtual world and finally special capabilities of the internet environment and its effects on juvenile and teenagers are among other topics that are discussed in this article.The purpose of this study is examining and explaining the virtual networks as a role model for juvenile and teenagers who do illegal and dishonest behaviours as well as giving appropriate methods to counter these behaviours.Our results show that the most important method for countering the negative effects of virtual world is social prevention, especially in the form of a society-oriented approach

The virtual world with its unique features allows people to explore digital spaces and interact with other users. Therefore, Metaverse has many advantages for business development. Metaverse is a tool for developing human life experiences, an unlimited and general scope and a virtual life space beyond our imaginations. This area started with the video games industry, but it was not limited to it and quickly included other aspects of life. Unfortunately, the requirements and platforms of Metaverse have not grown as this world is expanding. Metaverse is a world, whose principles, development and management have not been determined and explained, and how to monitor and even its shortcomings and inadequacies have not been fully defined. One of the most basic of these requirements, which is the basis of other activities, is the legal and legal requirements of this new world. The purpose of this article is to examine emerging legal issues in the metaverse and presenting new approaches to obtain solutions in this field. Specifically, the issue of ownership and intellectual property, NFTs and taxation, and liability rights were examined. Blockchain and smart contracts can be used to legitimize many of the necessary property protections; In particular, intellectual property should be used in the Metaverse ecosystem. NFTs are considered as examples of investment contracts and are considered as taxable securities. Regarding the legal responsibility of avatars in Metaverse, while identifying "electronic personality" for them, According to the degree of dependence of the avatar on the producer, the theories of "strict liability " and "direct liability" have been proposed. Despite this, it seems; that the ability to adapt the rules and regulations to the changing events in the metaverse and to change the approach inherent in the rules to manage this world are considered as the biggest legal challenges in this field. It must be emphasized that law is monitoring emerging events and challenges in metaverse.

A correct legislative policy in dealing with crimes committed in cyberspace must represent the decisive and quick actions of the legislator. Considering the impossibility of full compensation of the damages caused by cyberspace and the variety of criminal actions, the legislative policy must be formulated accordingly. As a case of such emerging issues mentioned could be made of harassment of women in cyberspace. The legislators do not have a separate regulation with regard to this. The purpose of the present article is twofold. Firstly, the commission of such crimes at the present time must face an appropriate punishment for the perpetrators of such crimes. Secondly, considering that the bill for preserving the dignity and protection of women against violence is in the process of approval in the parliament, a recommendation must be stated with the purpose of amending the legal Articles in law related to the discussion of this article. In this research, using a descriptive library method, an attempt has been made to collect materials and answer this question: is it possible, according to the existing legal provisions, to apply the current laws in dealing with the perpetrators of such cases or not? The hypothesis that we are trying to confirm in this research is the possibility of adherence to the Article 619 of the Islamic Penal Code approved in 1375 in dealing with such crimes.