Terms and Conditions of Control of Electronic Communications in the Discovery of Offenses in the Iranian Judiciary

The purpose of this study was to describe the legal and judicial terms and conditions of electronic communications control with emphasis on listening in the Iranian judicial system through a descriptive analytical method. The privacy of individuals, especially electronic communications, is one of the most sensitive branches or pillars of privacy. Electronic communication means all communications that are transmitted between two persons by means of telecommunication and communication tools such as telephone conversations, SMS, e-mail, and so on. Among electronic communications, eavesdropping has a prominent place. Authorized eavesdropping means that law enforcement and intelligence agencies should be able to legally monitor the content being transmitted on telecommunication systems, including telephones, cell phones, text messages and e-mails if needed. In our country, the subject of permissible interception is sporadically enshrined in certain laws and in certain areas, and the need for legal interception has also been addressed, but in many cases there is also a legal vacuum. A review of the laws makes it clear that the interception of telephone conversations, text messages and e-mail requires a judicial order, and that, in urgent cases, judicial officers are required to comply with the law. In addition, SMS and e-mail auditing is prohibited under normal circumstances.