نشریه حقوق فناوری های نوین
سال پنجم شماره 2 (پیاپی 10، پاییز و زمستان 1403)

The idea and the initial plan are the result and creation of the human mind and his Inventiveness; in addition, those play a constructive role in the formation of intellectual creations in both literary & artistic and industrial fields. Although in a developed and just legal system, the protection of the idea seems necessary, but its protection in the framework of intellectual property law faces serious theoretical challenges. The idea is out of not only the scope of protection of national and international intellectual property regulations but also theoretically, its protection and the granting of ownership monopoly to the creators of ideas is not justifiable and unchallenged. In this research, on the one hand, while examining the historical course of the importance and place of ideas in the formation And prosperity of the US film industry and cinema  , the necessity of supporting idea makers in order to encourage and expand creative activities is explained, and on the other hand, The impossibility of supporting the idea of intellectual property law is analyzed in the framework and approach of the three theories of Natural rights, the instrumentalist theory of intellectual property rights and the theory of economic analysis. Due to that necessity and this challenge, the formation of the idea legal system is based on the American judicial procedure, which supports the creators of ideas in a different form, apart from intellectual property law and without granting ownership monopoly. Understanding the basics of these necessities and challenges and Understanding law of ideas system and its goals can be a starting point for protecting idea makers in Iran based on the capacities of this field of law.

One of the components of economic prosperity is the existence of an up-to-date and progressive banking system that, in addition to provide modern financial platforms, performs well in providing common general banking services, including various types of payments, to its customers. In this regard, Direct Debit, which is considered a functional and modern way of debit transfer payment order, was analyzed legally in this article. Among the advantages of this bank payment method are its high reliability and flexibility in using in various business applications and transactions, as well as reducing costs and saving the time of the parties involved compared to traditional methods, such as issuing checks or paying by cards, in the related applications. All these advantages are due to the fact that this payment method is based on a contract between the account holder and the beneficiary which gives the latter the right to withdraw money from the account, to the extent the contract permits. As a rule, looking at nature of right, the contract must be generally irrevocable, however the parties may agree on termination clauses. One of the results of this research is that although the characteristics and effects of the mentioned contract are known in a relatively favorable way during the years of its global utilization, beside the existence of special regulations in some other countries, formulation of dynamic regulations compatible with this payment method seems necessary in the domestic banking system to make it work better and also to prevent probable related lawsuits among the parties involved.

The purpose of this paper is to discuss discusses the legal and technological challenges and disputes about the governance and regulation of user-generated video platforms. In this paper, by focusingon the Aparat video service, we will show how the issue of Content management has become a legal challenge. The regulation of video platforms in Iran, whether platforms that provide subscription video-on-demand services or platforms that mediate user-generated content sharing, has created some legal disputes. This conflict has different levels Its first level is related to the definition of video content. Its primary manifestation is the continuation of the conflicts on the definition of "expanded audio and video." The second level is the determination of the regulatory authority. The establishment of Satra and the difference between the Ministry of Culture and Islamic Guidance and the IRIB regarding the institution in charge of this area is remarkable from this point of view. The third level of this controversy is about the mode of content moderation. Considering these different levels, this article shows how these disputes have emerged at the level of content moderation. Presenting a comprehensive communication law in Iran by determining a macro-regulatory body that considers the technological developments of the media, deciding on the limits and responsibilities of users or platforms, and developing a content moderation mechanism are the main suggestions of this article.

The realm of digital property is a new area in the world of technology that must be addressed in different fields, especially law. In our country, the legislator has not yet provided an explicit text regarding the Digital inheritance property. In addition, like intellectual property rights, although digital property is immaterial, they will have a material effect, including patent rights and author's rights, which are recognized in Iranian law; like intellectual property, virtual properties are not physically tangible, but they have the same financial effects and can be classified as property and inheritance. The findings indicate that so far, the Digital inheritance assets have not yet penetrated Iran's laws, and the internal laws in this regard have not been legislated, despite the need and necessity due to the widespread use of these properties, there was no change in the recognition of digital assets. In this case, do digital properties have a place in Iran's law to be recognized as property or not? The Vice President of New Technologies of the Central Bank published a draft of the requirements and regulations in the field of cryptocurrencies in February 2017, and the bill that was recently submitted to the parliament is an attempt to the legal framework and define the rules of digital property in property can be considered with indulgence. According to the general rules governing material property, the digital property can also be considered as part of the property, be inherited, and at the same time be demanded, divided, and traded. The research method in this article is descriptive-analytical.

Preventing crimes related to counterfeit drugs, due to the technologies used in the production and distribution of these drugs, will not have a bright outlook with traditional methods such as field surveillance. Therefore, adopting appropriate preventive measures requires the use of innovative technologies capable of detecting these crimes on a large scale and with high accuracy. In this regard, artificial neural networks such as recurrent neural networks, generative adversarial networks, and convolutional neural networks, inspired by the structure of the human brain, are capable of detecting these crimes. However, each of these networks has its drawbacks, ignoring which makes the legal system face difficulties in preventing these crimes. Therefore, the present study, through a case study method, seeks to identify the most efficient neural network for preventing these crimes. The outcome of this research indicates that the legislature has paid special attention to the monitoring technique in the prevention domain but has not defined the tools for this monitoring. Nevertheless, the Food and Drug Administration, using the Titac system (tracking code), identifies the discovery of crimes in this area. However, due to the non-intelligence of the system, it will not be able to detect all forms of fraud. Therefore, simultaneous use of three networks (recurrent neural networks, generative adversarial networks, and convolutional neural networks) in the form of a composite neural network seems to improve the detection of drug crimes on a large scale.

Since governance has various aspects and dimensions, including economic governance and its subsets,The monetary and financial policy through the central bank of the country's government is considered as monetary governance. With the emergence of new technologies such as blockchain, it seems that this Governance has become relative and has been overshadowed by this technology and has reduced the control of governments over the implementation of monetary policies. Central banks, which see their monetary sovereignty at risk, react based on their understanding of the issue and of course, some governments consider this technology as an opportunity for themselves. Accordingly, this article examines the monetary sovereignty of countries under the influence of cryptocurrencies and blockchain technology, and with a descriptive-analytical method, it seeks to explain the relationship between cryptocurrencies and the monetary and national sovereignty of countries in the field of international law.

Artificial intelligence (AL) is advancing without any predictions in technological development and scope. Meanwhile, some legal issues related to the avatar of a real person in Metaverse are discussed here. Considering, the emergence of the metaverse is developing, and all are members Gravatar, therefore, the inclusion of rights and duties in the relationship between them is undeniable, which includes the rights related to Gravatar in the regulation of relationships between them. The first part of the article deals with what rights and duties the metaverse and avatars face in artificial intelligence and basically why the rights of such avatars should be protected. In addition, the integration techniques for giving legal personality to avatars in the metaverse and some damages Such as committing crimes of theft, forgery and abuse of rights in the meantime are criticized. In addition, with an analytical and descriptive approach, imposing responsibility and liabilities on a real person by applying the rule of piercing veil" in the form of corporate law regarding avatars in terms of identifying the real natural person behind the avatar and through the criminalization of predictable actions and activities as the final result in applying the company's rights and the punishment applicable to the legal personality has been reviewed.

There is no doubt that the right to access information is one of the most basic rights of every buyer. This doubles the necessity of the current research in relation to the examination of contracts in this field. The leading article was written with the aim of analyzing the effect of the principle of justice and good faith on the provision of information and warnings in contract law. Therefore, the obligation to provide necessary information is one of the traditional rights of every consumer based on the principle of justice and good faith, which is certainly considered one of the duties of the strong party of the contract. This research has been compiled by content analysis method and in a library form and by referring to the regulations. The results of the research indicate that there is no definition of good faith and contractual justice in the laws of Iran. Also, the lack of strict regulations on the advertising of goods can create many problems in the direction of protection from the weak side of the contract. After conducting the research, it is concluded that in commercial dealings and providing information and warnings about contractual substitutes, it is appropriate to accept the theory of pure responsibility in Iranian law and take a big step in promoting the rights of consumers and all-round compliance. Justice in contracts should be removed.

Blockchain technology has brought about significant changes in the legal field over the recent years. Decentralized justice platforms have attracted a lot of attention thanks to their goal of increasing individuals’ access to legal services and providing widespread access to justice. However, using decentralized dispute resolution systems instead of traditional centralized systems necessitates a thorough examination of the opportunities and threats of this technology, given the high importance of the judiciary. This study aims to identify and rank the potential advantages and drawbacks of implementing blockchain technology within the judiciary. The study sample comprises a targeted group of information technology professionals from the judiciary. First, the benefits and challenges associated with using blockchain technology were examined comprehensively through a review of current literature. Then, significant indicators were identified using the fuzzy Delphi and ranked through the interpretive structural modeling. Results revealed that the security and accuracy of data processing, limitations on the number of transactions within a blockchain network, network security, interactivity of blockchain networks, disruption of communication due to cyber-attacks, high storage requirements, maintenance and support, data accessibility, and lack of public trust pose serious obstacles to implementing blockchain technology within the judiciary.

Decentralized finance (DeFi), founded on blockchain technologies and smart contracts, is rapidly becoming a powerful alternative to traditional financial systems. Compared to centralized finance, DeFi offers undeniable advantages such as increased security, speed, financial transparency, and reduced costs. However, this emerging phenomenon faces numerous legal challenges that require careful and effective legal actions. The essence of this phenomenon is the lack of dependence on the national legal regime of countries and lacking centralized monetary and banking supervision over it by national regulatory institutions. This research employs a qualitative method, utilizing library tools and a descriptive-analytical approach, to compare decentralized finance with conventional centralized financing. It examines some challenges as well as the possibility of proper and transparent organization of DFA in Iranian law and, ultimately proposing solutions for regulating the relationships of stakeholders. Considering the lack of sufficient provisions in Iranian law, it is suggested that the jurisprudence of existing legal institutions, such as recognizing an independent legal personality for smart contracts and also civil partnerships, arbitration agreements, arbitration clauses, and Article 10 of the Civil Code, be acknowledged for regulating the relationships of transacting parties until appropriate and comprehensive legislation is enacted. Finally, this research emphasizes the importance of international cooperation, academic environments, and the exchange of experiences in this field. It recommends that legislators move towards recognizing and enacting new laws and regulations aligned with DeFi’s needs, rather than remaining silent, to prevent future legal challenges and potential loss of assets.

Applying artificial intelligence in criminal investigations makes it necessary to examine the probative value of intelligent evidence such as silent testimony, admission of confession, expert theory, and intelligent tracker in criminal policy based on Sharia doctrines such as Iran's criminal policy.  The present article, with the descriptive-analytical method, based on the sources and evidence in the field of proof of claim, tries to examine the probative value of these proofs in an intelligent state. The findings of the research indicate that by carefully examining the judicial procedure of the courts, the modern performance of smart technology, and the dominant view of the authorities and the public, we will find that the reference to silent testimony recorded and transmitted confessions, the opinion of an expert, intelligent tracker or detective in the judicial process. It is not unlikely and far from expected. Regarding the silent testimony in crimes, perhaps it can be given more objectivity than human testimony and viewed as visible evidence. In addition, in some cases, the opinion of an expert and the use of a smart tracker may be able to provide the knowledge of the judge more than other evidence. Therefore, the full implementation of this action in the near future and with the growth of the use of artificial intelligence is an inevitable phenomenon, and the public and judicial must be prepared to coordinate with the speed of its development.

Artificial intelligence is one of the most basic and serious topics of research and investigation in the world today. Artificial intelligence is progressing and developing in a lightning-fast and amazing manner in the current era. Very soon, we will see huge changes and developments in this type of new technology. This new technique and technology has been widely used internationally in various professions and industries. The profession of law, law, and distributive justice is not exempt from this issue; now this question is raised, which of the tools will be more useful and appropriate to achieve distributive justice; Human intelligence or artificial intelligence? Is it possible to bring society closer to real justice and fairness with this new technology in this modern era? What is certain is that artificial intelligence with the behavior of human intelligence strengthens capabilities and increases efficiency. Therefore, the findings using descriptive, analytical, and argumentative methods show that artificial intelligence in terms of speed, accuracy, and decision-making power in analysis and problem analysis is more effective and efficient compared to human intelligence. Thus, the use of this new technology helps a lot in the fair distribution of incomes, opportunities, and important economic issues in society. Although the negative effects caused by the expansion of this new technology cause economic, educational, moral, and other discriminations and inequalities; however, it is possible to reduce the negative effects of these inequalities caused by the development of this new technology by exercising caution, carefully managing and monitoring data, creating programs and supporting laws, and using artificial intelligence technology based on the principles of distributive justice.

Actions such as the publication of the mass killing of journalists and the arrest of a large number of nationals of countries joining terrorist organizations and groups confirm the growing spread of ideas and recruitment of human resources in social media by terrorists. The proliferation of terrorist organizations using social media creates new challenges for online platforms, policymakers, and governments. Additionally, the popularity of social media around the world provides a huge potential audience for framing terrorist action. Unfortunately, due to the non-cooperation of the governments, control measures and police surveillance of the Internet and consequently virtual social media have failed. Therefore, the use of social media by terrorist groups is a new challenge for anti-terrorist mechanisms. Therefore, to deal with and prevent terrorist crimes in cyberspace in the form of social networks, it is necessary for international organizations, especially the United Nations and affiliated institutions, while making legal policies, to call on governments to support this matter so that the possibility of violating international peace and security. Due to the movements of terrorist groups in social networks are suppressed and pursued through international forums

Requiring students to obtain a license to form a virtual student group with more than a hundred members and considering punishments for the founders of unauthorized groups is one of the new issues raised in the student disciplinary code approved in 1401. The present research has evaluated the necessity of obtaining a license to form a virtual student group in the disciplinary code of students with a descriptive-analytical method and considering the principles of public law. The results of the current research show that the formation of a virtual group is also recognized as one of the public rights and freedoms for citizens and especially students, which from the perspective of formation is a type of freedom of association, from the perspective of use, a form of freedom of access to the Internet and virtual space and from the point of view of participation is also a form of freedom of expression and communication. Based on this, the need to obtain a license to form a virtual student group with more than a hundred members and its violation of the student's disciplinary code, in addition to creating an undue restriction on public rights and freedoms, conflicts with the exceptionality and narrowness of creating restrictions, it also contradicts the principle of legality of crimes and punishments, the right to education, the principle of proportionality and the logic of Posterior supervision.

During the past years, cyberspace has become of the main issues of governments, and cryptocurrencies has been recognized as a sensitive area in need of policy in all countries of the world .This article, looking for: "What should be the pattern of regulating the virtual space, especially the phenomenon of cryptocurrencies in Iran, considering the legal status of the Supreme Council of Cyberspace and the comparative experience of China?" In this regard, by using library resources, the relationship between governance and regulation of virtual space has been described first, and then the concept of governance and regulation of cryptocurrencies have been discussed. In the following, we will compare the structure, duties and actions of China in the regulation of cyberspace, especially cryptocurrencies, with the actions of Iran, because the institution and structure of the regulation of cyberspace in China and Iran have similarities, including the fact that both of them use a supra-governmental structure to regulate cyberspace. The results show that firstly, the legal position of the Iran's Cyberspace Supreme Council in specialized issues of cyberspace such as cryptocurrencies, which have different dimensions, should be as a regulator of the regulators . Secondly, the multi-dimensionality of the issue of cryptocurrencies and the interference of different areas of money, finance, energy, industry and trade doubles the need for a national coordination headquarters, which has not been given serious attention so far.