نشریه مطالعات حقوقی فضای مجازی
سال سوم شماره 3 (پیاپی 11، پاییز 1403)

Today, the development of technology has had a significant impact on all aspects of human life, and naturally, this evolution has crystallized in the holding of hearings electronically; holding hearings in a traditional manner may lead to delays, inefficiencies, limited access, security risks, and increased costs. Although several years have passed since the first online court session was held, the holding of electronic court sessions in Iran is still shrouded in legal and executive uncertainty, and the only binding text in this regard is the "Regulations on how to use computer systems." or telecommunications" and "Instructions on how to investigate and deal with the use of electronic communication systems". This is despite the fact that the holding of electronic hearings in the European Union and UNCITRAL has been supported through the adoption of laws and regulations; however, many of the principles and formalities of proceedings including obstacles to proceedings, the principle of openness, the conditions for holding meetings, etc., have remained silent; the rapid development of technology requires its modification and completion. In this research, we are looking for answers to these questions: what is the position of electronic meetings and how is it different from online meetings? What are its obstacles and solutions? Although holding electronic meetings is not without problems, it has many advantages over its disadvantages, and in some cases, restrictions should be applied in its implementation.

The conflict of criminal jurisdiction in cyber crimes is a very fundamental challenge; Because the lack of clear demarcation in this space and ultimately the impossibility of implementing "territorial jurisdiction" as a basic factor in determining jurisdiction, leads to the application of other jurisdictional principles in this field, And when this case is proven in connection with multiple jurisdictions and two or more different courts consider themselves competent in dealing with a crime, we will face a "conflict of criminal jurisdiction" in the cyberspace; which leads to a conflict of jurisdiction in the courts of a country or in the international area.In response to these conflicts, the judicial system of the United States of America has put its approach to the use of traditional legal rules in this field and in line with the use of the criteria of " Minimum Contact Principle", " Purposeful Direction " and " Principle of Foreseeability" to solve this conflict; which has faced major challenges in the operational phase. With the help of the descriptive-analytical method, the present article examines the challenge of the conflict of cyber laws and its solution in the judicial procedure of the United States of America; that the findings of the research show the ineffectiveness of traditional rules in this field; In this regard, the need to change the attitude and apply the special rules of the cyber space and achieve the approach of " Res Extra Commercium " in this space seems inevitable.

The emergence of the metaverse undoubtedly brings many complications in the field of international law enforcement. Due to the inherently transnational nature of the metaverse, it is clear that applying national legal frameworks to virtual actions is a complex and challenging process. The very essence of the metaverse, with its ability to transcend traditional national boundaries, creates significant barriers to direct domestic law enforcement. The regulation of virtual activities requires the creation of a comprehensive and inclusive framework under the supervision of public international law. Another concern that arises is related to the possible replacement of laws by technological advances. In the field of metaverse, one can see the high speed of technological progress. The field of international law faces the great challenge of effectively regulating virtual activities in accordance with established international norms and principles, considering the dynamic nature of these developments. The necessity of adapting the international legal system to the field of virtual activities is undeniable, because it is vital to address the multifaceted concerns that arise in this field. The topic of this article deals with the contemporary process of updating international agreements and legal structures, forming international regulatory bodies and encouraging global cooperation and coordination. As the met averse goes through its evolutionary process, it is necessary that the international laws are adapted accordingly and effectively regulate the behavior in cyber space.

Cyber space is a space similar to other competitive areas such as sea, land, air, but with this difference, that this environment is man-made and intangible. With its expansion, it has challenged human life and threatens global and regional security. In this context, the reaction of international and regional organizations is significant and they have been able to take steps to reduce and minimize the resulting damages. Therefore, this article examines the role of international and regional organizations in facing cyber-attacks using descriptive-analytical method. Since governments are increasingly focused on unilateral policies and initiatives to deal with cyber threats, international and regional organizations should play an active role in shaping cooperation among members in the form of approaches focused on international and regional cooperation. To play a role in the field of cyber security and prevention of cyber threats and the development of the global cyber security system. The findings and results of the research show that international and regional organizations such as the United Nations, the International Telecommunication Organization, NATO, the European Union, Shanghai, ASEAN, ECOWAS, the Organization of American States and the Organization for Security and Cooperation in Europe have taken measures in They have reduced the damages caused by cybercrimes and countered cyber-attacks, including increasing knowledge and establishing cyber laws, regional cooperation, sharing information, strengthening infrastructure and building trust

 Regarding the Jurisprudence Rules has been mentioned in the field of traditional contract law more or less. What has not so far been discussed is the necessity to analysis and recognize the scope Jurisprudence Rules. In other words, if you choose the law related to the judiciary, their comparison will also be made. The meta-contract was made up five components Include: 1. Computers, 2. Digital Currency Technology, 3. Communication, 4.Blockchain, 5. Artificial Strong Intelligence. Meta-Contract has the high-level beyond smart contracts and has been given the short name 'Kabaha'.The purpose of the article is to examine jurisdictional rules with meta-contract. In this way, performance, silence and compliance with these laws can be measured with the aid of technological developments. In this study, descriptive method and content analysis were mainly used to collect data. The hidden edges of the data are tried to be discovered and analyzed in detail through qualitative means and with the help of empirical documents. The findings and conclusions of this study aim to investigate the development of technologies in the field of scientific research and their significant impact on the humanities, especially law and Jurisprudence. It used pre-editing to reduce the impact of main and subsidiary ideas, sometimes causing 'silence' and placing them in 'pseudo-old' position. Therefore, only will be mentioned in the history of legal literature.

Seizure of data or system is the process of taking possession of information and computer tools related to the crime, whether they are the means of the crime or related to the crime or its subject, by the prosecuting authority., data or system arrest can be related to criminal jurisdiction in three ways and help in its detection: One is to detect the crime where the location of the crime is not definitely known. The location of the data seizure and the system is an obvious clue to the detection of the crime. Second, because of the occurrence of criminal behavior. The place of seizure of data or system can be indicative of the permanent or temporary competent place (judicial representation or referral) to deal with the crime.Third, in terms of the situation of the data or the system in relation to the conduct of the crime, if the data or the system is used as a means of committing a crime, or if it is the subject of a crime or learned from a crime, it can play an effective role in determining competence, depending on the case. The present article, by using library resources and judicial review,, and then came to the conclusion that although there is no direct relationship between data seizure and criminal jurisdiction. But due to the many jurisdictional challenges related to crimes committed in the cyberspace, data seizure can be used as a proof or indicator to establish criminal jurisdiction