Jurisprudential Feasibility Of The Right To Anonymity In Cyberspace

Message:
Article Type:
Research/Original Article (بدون رتبه معتبر)
Abstract:

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.

Language:
Persian
Published:
Journal of Legal Studies of Cyberspace, Volume:3 Issue: 1, 2024
Pages:
17 to 33
https://magiran.com/p2729368