فضای مجازی

Given globalization and extensive economic and cultural interactions, the development of appropriate laws for the protection of intellectual property rights can play a significant role in the economic and cultural advancement of countries. The aim of this article is to examine the question: What is the approach of Iranian law and international documents towards the protection of intellectual property in cyberspace? This is a descriptive-analytical paper that examines the subject through library-based research. The findings indicate that in Iran, certain issues related to intellectual property rights, particularly in the realm of new and digital technologies, have not been fully addressed. In contrast, international laws, considering the rapid advancements indigital technologies, have provided more up-to-date frameworks to tackle these issues. The results show that although Iranian domestic laws are similar to international laws in some areas, practical challenges exist in the effective implementation of these laws. To enhance intellectual property protection in Iran, there is a need to update laws and establish effective and modern enforcement systems. Additionally, addressing new needs in the digital and internet space, and aligning domestic laws with international standards are essential steps to improve the protection of intellectual property rights in Iran.

Cyber or virtual space is the real electronic environment where human communication takes place live and directly in a fast way, beyond geographical boundaries and with its own tools. By creating dependencies among people, this space can affect their interactions, speech, behavior, character, and coordinated or stimulated movements. According to what has been said, the purpose of this article is to investigate the legal consequences of the destruction of the society's lifestyle due to the use of virtual space during the fall protests of 1401, and it answers the question of how virtual space affects the life of society.

This article is descriptive-analytical. The materials and data are qualitative, and in collecting the materials and data, the fish collection method was used.

Ethical Considerations:

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

The impact of the Internet and virtual space on people's lives in society can be divided into several categories; including social aspects, lifestyle, values, mental health, isolationism, globalization and cultural growth and other things. Also, virtual space and the Internet have legal consequences, including computer crimes, which are classified into different types of crimes with different penalties.

The legal issues and challenges related to the unrest can be classified in terms of "function (works and goals)" in three categories as follows: legal issues related to the field of restoration and compensation 2- legal issues related to the field of prevention 3- issues Law governing the field of opportunists.

Access to freedom of information in cyberspace is an important issue in the modern world, which is influenced by the legal system of each country. In Iran and United States, the legal system works in two different ways with a direct effect on the access to freedom of information in cyber space. This article emphasizes that in the modern world ensuring the freedom of information in the cyberspace as one of the important principles of human rights and civil rights has been the focus of many countries and the legal system of each country should be improved and regulated with this attention. A comparative study from this research written with a descriptive method it showed that there are significant differences between Iran and United states in accessing freedom of information in cyber space. In United States, freedom of expression is secured as a fundamental value in cyberspace and there are minimal restrictions on access to information. In Iran, laws and regulations are implemented with more considerations to monitor and control the virtual space, and some websites and social networks are filtered. The future of access to freedom of information in cyber space definitely depends on the development of technologies and changes in the legal system of each country. Due to the increasing importance of this issue, it is necessary to develop policies and pass appropriate regulations to manage this space and guarantee people's rights.

Cyberspace has penetrated the individual and social levels of human life, and the issue of regulation is one of the most important issues in this area. On the other hand, despite the acceptance of social freedoms in legal systems, we are witnessing the restriction of these freedoms, especially in cyberspace. In this research, in response to the main question of whether the restriction of legitimate freedoms in cyberspace has been identified in Iranian and Chinese law and what documentation does it have? It can be said that according to various principles such as: Principles 9 and 20 of the Iranian Constitution and Principles 40, 35 and 37 of the Chinese Constitution, the principle is based on individual freedom; but it is not absolute; rather, with restrictions such as: "the need to observe fundamental standards", "not to disrupt the foundations of government, public order and rights" and "not to harm others" referring to principles such as Principles 4, 24 and 25 of the Iranian Constitution and Principles 4, 28, 36 and 38 of the Chinese Constitution, the regulation of social freedoms can be understood, and this limitation can also be generalized in cyberspace. To prove this hypothesis, this article uses a descriptive-analytical method.

Virtual space has provided multi-way interactions, exchange and data sharing. A specific aspect of the virtual space is to "like" messages of others. As publishing of messages in social networks has specific goals and different reasons, liking messages may also be done for different reasons and purposes; rather, in many cases, people like images and messages without knowing their content. Is liking obscene messages of others, which are against morals, Shari'a and law, a violation of law, making the person responsible for their liking? If the responsibility is proven, will the punishment be only in the Hereafter or both in this world and the next world? Does the intention of the liker have an effect on creating responsibility? Using the descriptive-analytical method, along with explanation, analysis and conclusion, this research shows that if a criminal or obscene message that is published in a virtual public space by a user is liked by other users, the worldly and Hereafter responsibility of the liker is proven based on the law on prohibition of aiding and abetting sin. Also, the condition of intention is not valid, because some jurists do not consider the intention to be a condition for abetting sin. However, in cases where the distribution and liking a message is via a private page that does not conflict with the security and public order of the society, according to the divine order in terms of not spying people's personal affairs and respecting the privacy of others, the principle of acquittance (barᾱ'at) is implicated and so the liker has no (worldly) responsibility.The Summary of the research is that; if criminal or obscene Message is Published in a public environment by the user;and be liked by other Users the responsibility of the Liker is proven through the principle of Helping to Sin.However, in some cases where the publication and liking of the message is on a private page and does not conflict with the security and public order of the society, according to the divine order of not spying into people's personal affairs and respecting the privacy of others, it is the channel of the principle of acquittal and the person will not have (worldly) responsibility

The increasing growth of crimes against wildlife highlights the necessity of preventing such offenses more than ever before. One of the most effective preventive mechanisms for addressing these types of crimes is social prevention. To enhance this approach, utilizing the capabilities of cyberspace proves highly beneficial. In recent decades, with the advancement of communication technologies, cyberspace has evolved into a powerful platform for raising public awareness and educating people about wildlife conservation. This study, conducted using a descriptive-analytical method, seeks to answer the question: what is the role of cyberspace in the social prevention of crimes against wildlife? Media literacy among wildlife stakeholders, awareness of wildlife species at higher risk, and differentiation of social prevention strategies are some of the key components of this proposed approach. The social prevention outcomes of crimes against wildlife based on cyberspace include increasing the likelihood of sustainable legal protection for wildlife and predicting diverse applications of the virtual world in preventing crimes. This research concludes that the role of cyberspace in the lives of individuals in the third millennium offers numerous potentials for implementing various criminological strategies, including social prevention of crimes against wildlife.

Crimes against chastity and public morality represent a serious social and cultural challenge in Iran, particularly with the rise of modern technologies and the expansion of cyberspace, leading to an increase in such offenses. This article examines the current legal and executive measures for preventing these crimes and analyzes the existing weaknesses in the laws and enforcement mechanisms. It focuses on relevant laws such as the Islamic Penal Code and the Cyber Crimes Law, while assessing the challenges in coordination between judicial and executive institutions. Furthermore, the impact of cyberspace on the proliferation of these offenses and the difficulties in controlling and monitoring digital platforms are critically reviewed. Additionally, the study highlights the role of culture and public education in preventing crimes against public morality, proposing cultural and social solutions to raise public awareness and strengthen the role of families and schools in promoting ethicaland religious values. The article also emphasizes the importance of media in fostering public morality and preventing the spread of moral corruption. Finally, recommendations are provided to strengthen legal frameworks and improve coordination between executive and cultural institutions to more effectively prevent such crimes and establish a society with sustained public chastity and morality.

The exclusive jurisdiction of governments in criminal matters has been established by the theory of the modern government and the powers granted to them. In order to protect the rights of the accused and ensure the right of the society to monitor the performance of the government and inform about the criminal process, the public hearing as one of the principles of fair trial is foreseen in countries constitutions and international documents and includes the rights of the accused and the society. But the accused also has the right to privacy. One of its manifestations is the right to one’s image, the violation of which in criminal proceedings can damage his dignity.The contradictory situation of the two basic rights of public hearing and the right to the image In the criminal process, raise the question of how to reconcile them. This article by examining the aforementioned rights and considering the duties resulting from them, has come to the conclusion that these two rights are not in conflicting, contrary to what it seems at first, and it is possible to combine them, because the need to conduct proceedings in public requires providing It’s possibility for citizens to directly monitor the work of the judicial system and guarantee a fair trial, not to know the identity and characteristics of the accused and the details of his private life. Therefore, allowing citizens to attend hearings and providing measures to protect people's privacy are among the duties of governments.

Legitimate defense in jurisprudence is one of the cases that excludes some criminal behavior from the guarantee and gives it legitimacy in the capacity of defense. The Imami jurists have determined its necessity, limits, and gaps by relying on the rules of nature, reason, and citing the verses of the Qur'an and the traditions of the Ahl al-Bayt (peace be upon them). One of the most important categories of legitimate defense is defense against chastity crimes. At present, cyberspace has provided a contaminated environment for committing this type of crime, and on the other hand, it has provided a suitable platform to defend against it. The findings of this research, written in a descriptive-analytical way, show that defense in cyberspace is possible and against some crimes against chastity that are committed with the intention of attacking one's honor and dignity - by observing the jurisprudential conditions such as Al-Ashl, Falasahl- It is possible to defend legitimately by hacking, sending malware to the aggressor's subsidy and tools, counter-threat, etc.

Today, conducting financial transactions in cyber space has become a necessity. The epidemic in the use of cyber space has caused financial damages. Sometimes people enter a fake payment gateway to make a financial transaction. In this case, the person, without being aware of that the online payment portal is fake, enters all his bank card details into the fake cyber portal and subsequently becomes available to profiteers, which causes unauthorized withdrawal of funds from the bank account. The user will be in the future. Regardless of the fact that the unauthorized withdrawal is responsible in terms of forced guarantee; with the criminalization of the Computer Crimes Law and the Electronic Commerce Law, this behavior is also considered as a criminal phenomenon. Logic requires that the duality of the nature of unauthorized withdrawal (civil-criminal) should make the injured party benefit from the services of legal-criminal courts and facilitate the realization of his right. But in the position of seeking and compensation for damages, the victim is affected by the procedure of the helpless person. Because first: in many cases, the funds withdrawn from the account belonging to the victim are insignificant, and it is not economical to have a lawyer along. Secondly: It is not possible to deal legally with all the perpetrators involved in the withdrawal, despite the provisions related to being an accomplice in the crime. Thirdly: Due to the concealment of the identity of the recipient, it is impossible to file a civil lawsuit. Fourthly: The methods of the perpetrators are diverse in the illegal collection, but the procedure of the courts in dealing with the issue is not fully mature. Fifth: The existing regulations in this regard are not only insufficient, but in many cases, cumbersome. In the research, we will deal with them.

Cyberspace is rapidly turning into a major tool for exercising the right of freedom. Cyberspace amalgamates in the media the right to receive and the right to release information, ideas and beliefs in the form of a written text, audio file, or a video file. As well as providing access and enormous amounts of information to millions of audiences across the reach of all people with access to a computer and telephone line, new challenges and legal issues require the right and proper regulation.Therefore, this study aims to closely examine the cyberspace content regulation in the area of the freedom of speech in two areas of child pornography and hate speech in cyberspace through an interdisciplinary approach. The results of this study indicate how efficient the current regulatory framework is and how effective and efficient the regulatory framework should be in the area under discussion.

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.

In today's era, virtual space is considered one of the most important ways to gain knowledge and information. The virtual world is a parallel world to the real world and everything that is in the real world can be reflected in the virtual world as well. In the same way that in the real space, people suffer from epistemological-religious problems, the same damage prevails in the virtual world. Since most of the capacities available in the virtual space - directly or indirectly - are at the disposal of the Arrogant Front, and as the creators of this space, they have acted in such a way that, firstly, they make the maximum use of this space and secondly, they significantly monitor the activities of others in this space to the extent that every group and category that is outside this front has a technological need and dependence on them both for its own activity and also that if in a few cases it can rely on knowledge to come out from under their control, their activities will be put in danger, therefore, one should behave in such a way that propaganda in this space, firstly, can be hidden from the enemy's view (in other words, in the form of taqiyyah) and does not arouse his sensitivity, and secondly Despite the superiority of the enemy's hardware, different currents of thought that are inspired by authentic Islamic culture and jurisprudence can overcome this space and create a new discourse that will give stability to the layers of our national identity in the best possible way. In this article, this topic is discussed with analytical-descriptive method.

Modern Medias as the most affective parameters of the world of communication take different forms and effect different arenas: society, government, civil institutions, economics, culture, etc. government as an abstract entity and state as a more concrete construction are greatly affected by the Medias and in confronting this phenomenon at some conjunctures resist and at the others interact with. Islamic Republic of Iran during the 70s and the 80s had some interactions with the Medias. In its process of interaction, the government started to take advantage of the opportunities ahead of the political and cultural institutions in two ways: constructing new institutions and evolution in the current ones. This study focuses on the most significant developments in this field.

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.

The rules of jurisprudence, in contrast to the rules of principle, are the rules that flow in all chapters of jurisprudence and used in divining minor rulings. Meanwhile, some jurisprudence rules explain the Islamic society people’s responsibility towards each other. The main question of this study refers to what these rules are and based on which proof these rules can be deduced? The research method of the current study is descriptive analytical research.  The comprehensive data comes from Quran verses, hadiths and the jurists’ quotes. According to some verses and hadiths, the rule of ignorant guidance is a jurisprudential rule that creates responsibility. One of the important applications of this rule is in virtual space which makes the scholars committed and responsible towards the users of this space. Any neglect of this responsibility due to the special features of virtual space on one hand and the lack of sufficient and necessary information among its users on the other hand will cause losses for both scholars and society.

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.

Cyberspace is an emerging phonomemon that, despite its advantages, always causes various harms such as moral, personality, family and social harms for people in the society and especially for sensitive groups such as children and teenagers who are the most vulnerable sections of the society. This new phenomenon has been so interwined with people's daily life in recent years that it has actually become an integral part of people's lives, so that it is impossible to imagine life without it.In this regard, the right of children to access cyberspace has been recognized and due to their protection against the harm of cyberspace, laws and regulations have been approved at the international level and in the domestic laws of countries including Iran. With the aim of analying the harm caused by cyberspace on children and providing preventive solutions to reduce the harm caused by it, as well as examining the laws approved in this field in Iran's legal system.

This research is descriptive-analytical and information gathering based on library data.

The findings of the research show that the measures and strategies adopted to prevent and reduce the harm caused by effective and prevent harmful consequences.

The results of research show that many crimes and injuries caused by cyberspace on children are caused by lack of awareness. Therefore, through support-based solutions, including legal laws and preventive measures such as cultural foundation, protion of media literacy and consequently, informing children through teaching how to use this technology correctly by the family and be fruitfuland from the occurrence of many damage caused by cyberspace will be prevented.

The child's right to mental health in cyberspace has become one of the most important legal issues in the field of international law. This right is very vital for the child and must be protected in cyber space as well. Considering that the virtual space is expanding and children, as digital natives, use it as an interactive and learning space, it is necessary to protect their rights against the dangers in this space. It is very important to pay attention to the physical and psychological harm that is caused by inappropriate and unpleasant content that causes online discrimination and harassment and the use of cyberspace without supervision and control for children. In international law, the protection of children's rights is recognized as a fundamental issue and in this regard, the Convention on the Rights of the Child, has defined the principles of protection of children's rights at the international level. In this context, this research aims to answer these questions: and what are the effects of virtual space in his life? From a legal point of view, what are the duties of governments in protecting the right to the health of children in cyberspace?

The current research is applied in terms of purpose and descriptive-analytical in terms of the type of research, which was collected and analyzed by using library resources and examining a wide range of documents and procedures and other research works.

General Comment No. 25, published on 2021, by the Committee on the Rights of the Child, addressed how governments apply the Convention on the Rights of the Child in the digital domain. The committee's purpose of this public commentary was to provide a strategy for legislation and policy making in the field of fulfilling the obligations of governments in the framework of the Convention on the Rights of the Child and its optional protocols in the light of the opportunities, risks and challenges of the digital environment.

One of the main components of the right to health is the right to mental health, which is one of the most important examples of children's rights and various factors are effective in threatening or realizing this right of children and cyber space is one of them. The right to health, the right to education, the right to personal security and the right to recreation and entertainment are the rights associated with the growth and excellence of children, which are strongly related to the digital environment in the age of digitalism.