نشریه حقوق فناوری های نوین
سال دوم شماره 2 (پیاپی 4، پاییز و زمستان 1400)

Protecting the privacy of individuals has always been considered a global principle by international institutions and has been stipulated in many international documents. Nowadays, lawmakers have considered personal data more than ever due to the fast pace of the technology and consequently the availability of personal data in cyberspace, their ease of transfer, and the convenience of their processing.The EU has been a frontrunner and, as a comprehensive alternative to the EU Data Protection Act, set out the International Document of General Data Protection Regulations (GDPR) in April 2016, which was approved and implemented by the European Parliament on May 25, 2018. This article aims to demonstrate the scope of personal data and its protection in the General Data Protection Regulations as an international document and Iran's legal system. It further recommends some improvements in cyberspace infrastructures and regulations and the necessity of better designating regulatory bodies to protect individual privacy better

Order of sale (buying and selling) in securities and the stock exchange market is a part of the transaction process of this market (securities and exchange). Due to the process fulfilled by the financial institution (brokerage), it should be registered in the trading system. Hence, in some cases, ambiguities arise in terms of legal institutions. These ambiguities arise from governing formalities on stock exchange transactions and the role of brokerage companies, bourse, and financial market supervisory. Since securities transactions are realised at the trading session and through the trading system, all parties should follow sales according to professional rules and regulations. So, the stock exchange transactions are formal, and the item mentioned above (Formalities) is the third component in securities and exchange transactions besides offer and acceptance. Therefore, although there is a possibility of being invited to negotiate or transaction for an order of sale in the trading system in securities and exchange transactions, each broker, based on clients' buying or selling situation, makes the offer or acceptance. (brokerage does offer and accept according to a position of buy and sale for their clients.) Thus, considering order as an acceptance has more consistency, which depends on the conditions and formalities related to registration in the trading system and its approval by the market supervisory in the stock exchange market. Naturally, suppose the interplay leads to fulfilling a transaction and registering in the client's portfolio. In that case, it will affect parties and the financial institution that is the subject of this essay. These effects are subject to a contract of sale regulations and have the regulatory obligation and professional duty for the supervision.

Whether worldwide or domestic, accounting standards now have a substantial impact on the implementation of fiscal policies and their repercussions. In addition to national accounting standards being adopted by countries, international standards have been approved by international accounting boards and committees. However, due to the strategic importance of this issue in the country that owns the reservoir and the financial structure of oil contracts, the importance of this issue in the oil and gas business has been more significant than in other industries. In Iran, the issue of registration of oil reservoirs is based on domestic and international accounting standards, in addition to analysis based on the principle of government sovereignty over natural resources, the obligations arising from it, and the non-expansion of regressive ownership of oil reservoirs, because there has always been an effort to comply with domestic standards based on international standards.Non-registration of oil tanks based on the disclosure of information on registered reserves and presentation of financial statements and contractor assets for the decision of contractors and shareholders and presentation of amounts is prohibited in the standards used in the industry, citing international standards such as Standard No. 69 or Financial Reporting. Proven oil and gas reserves can be viewed as extra information, and non-registration of oil reserves is factored into current domestic requirements. Finally, according to the results of this paper, the contractor's registration of oil reservoirs is unlawful.

Competition rules are enforceable in different markets to facilitate competition, prohibit monopolies, and encourage economic enterprises to comply with these rules. The present study seeks to answer how competition ruled can be applied to the film industry through public enforcement of competition law. It is descriptive-analytical research using library and Internet resources. This study examines the Iranian competition system especially Chapter 9 of the Act of the execution of the General Policies of Article 44 of the Constitution (2007) and other laws and regulations related to competition and the film sector.In this regard, we explored the role of the Competition Council in monitoring the market and management of anti-competitive behaviour of enterprises and the role of Satra as a regulatory body in the field of visual media, and it was found that there are doubts about Satra's competence in competition issues.This study shows that the film industry is one of the most important and influential industries in the economic system.  With measures such as reforming the mechanism governing state aid in the cinema sector and digital media, including online media distribution and, We can increase competition in the film market and ban monopolies.

Artificial intelligence-based innovative technologies have advanced at an unprecedented rate in recent years. We can examine the legal implications of these technologies from a variety of angles. The focus of this study is on search engines' civil liability. It seeks to answer the question of how browsers should be held liable in the event of data misuse, based on general civil liability rules. This article employs a descriptive-analytical approach to investigate the Iranian civil liability system and its gaps in the face of artificial intelligence-based technologies, particularly search engines. The principles and pillars of civil liability of search engines in the misuse of user data are investigated in this regard. The findings of this study point to flaws in the Iranian civil liability system, as well as its lack of modernity and fault-oriented orientation. Using various legal tools, we must defend users' rights and prevent corporate abuse in the digital domain. Among the recommendations of this paper are the recognition of browsers' legal personality, the use of various mechanisms such as mandatory civil liability insurance, the acceptance of strict liability, and the adoption of special laws governing artificial intelligence.

Although it takes the equality of states as an international principle, the international system is an unequal system in which power is essential. Unilateral sanctions, such as those of the United States government that violates international law, are examples of this inequality. Governments are always looking for ways to bypass these unjust sanctions. The formation of cryptocurrencies as a means of facilitating financial transfers beyond the control of regulators raises the question of whether the specific features of this means could also serve as a means of bypassing sanctions. And will cryptocurrencies be able to end the United States dollar’s dominance of international trade? In response, while such a capability exists in theory, and blockchain technology and cryptocurrency, as one of its essential products, can transact financially away from the dominance of the global economic system, this does not imply that the technology has the full potential to bypass the global financial system. Because the application of this technology in bilateral state interactions necessitates political will, and only a few countries worldwide have embraced this.

Among the realms influenced by the developments of recent decades in new technologies and specifically the internet is the freedom of expression (FoE) as a fundamental human right. The close link between the internet and FoE has led to litigation of individuals against their respective states in the framework of internet-related issues, including blocking the access to the internet before the European Court of Human Rights (ECHR/the Court). Employing a descriptive-analytic method and using library data, the present article seeks to examine the European Court of Human Rights' case law to protect the right to freedom of expression against the ban or restriction of internet access. This examination implies that the Court has applied the general standards and criteria governing FoE, including the scope and legitimate limitations imposed on it in the European Convention on Human Rights and Fundamental Freedoms (ECHRFF) framework on the related cases. In the Court's view, the wholesale and integrated prohibition of internet and access to internet websites is considered a breach of the right to FoE. In the framework of limiting access to the internet, the Court has applied the requirements stipulated in art. 10(3) of the ECHRFF on the related cases in this regard.In this regard, the ECHR considers the legality, predictability, and accessibility of restrictive Internet laws and access to them, as well as the necessity and proportionality of limiting measures in a democratic society, and the legitimacy of restricting Internet access to achieve legitimate goals such as public order and safety, among others. There are requirements, the fulfilment and verification of which, through a narrow and limited interpretation, can absolve the states of the violation of Art. 10 of the ECHRFF on FoE.

Gathering reliable evidence is one of the significant challenges in international criminal trials. The main reasons for this challenge include location differences regarding court and crime scenes and measures taken by states to prevent neutral institutes reach for the evidence. In this circumstance, using new technologies may be a solution to solve this challenge. The gunshot detection system is among new technologies that could be useful. The mechanism of this technology works based on identification, recording, and immediate transfer of the information regarding using a firearm to a designated bureau, having civilian and military usage. Since many international crimes happen based on guns, recording and instant transferring related information could help the further trial. This article discusses the feasibility of using the gunshot detection system regarding the statute and the rules of procedure in five currently active international criminal tribunals. The International Criminal Court can use this technology more than other courts due to paragraph 3 of Article 69 of the Rome Statute and the features of permanence and universality.

Following the development of new technologies at the beginning of the 21st century, a new generation of self-executing electronic contracts called smart contracts in the field of digital commerce has been developed, which is the product of combining distributed office technology called blockchain with computer code and IoT. Relying on computer algorithms for the accurate and secure execution of smart contracts does not eliminate the need for legal evaluation. The question now is whether conflict resolution rules still apply to smart contracts? This research, which has been done with an analytical approach, has evaluated the existing criteria in private international law intersection with this new technology. A comparative study of Iranian and European Union law (Regulations of Rome I) shows that, although the use of personal criteria in determining the law governing smart contracts directly clarifies the answer if the will of the parties is not exercised at the time of designing of the smart contract’s software, the international dispute resolution body, has to resort to objective criteria. The conclusion is that these criteria are still valid. Still, the effect of objective criteria that are most closely related to the characteristics of this type of contract may, in some cases, lead to different results. Therefore, the method of qualitative evaluation and weighting to effective objective factors is suggested.

E-judicial services are one dimension of e-government implementation. Despite the many benefits and the need to use, this phenomenon has legal and social consequences if not done correctly; the approach to this is inefficiency and the consequent squandering of plaintiffs' rights and client dissatisfaction in resorting to the judicial system. An insufficient number of e-judicial service offices is one problem that makes it impossible to file lawsuits or requests in time. Failure to cover some of the options defined in the system for filing a lawsuit or legal claims is one of these shortcomings that limit the adjustment of the lawsuit following reality, a situation that sometimes affects judicial decision-making and system outages of problems. Which sometimes hinders litigation. The importance of achieving justice in the judicial needs of the community indicates the need to address these problems.

The use of ballistic missiles remains a controversial issue in international disarmament law. Although many States are producing and exporting such weapons, others, along with the international organisations, claim these weapons to be illegitimate. However, the international law and regulations governing the use of ballistic missiles generally do not appear to have binding force. In fact, there are various soft law international multilateral instruments accompanied by a few bilateral agreements. Although the Security Council resolutions have provided some binding force in this regard, they have not yet yielded the expected results regarding disarmament or non-proliferation of ballistic missiles. Therefore it is essential to clarify this issue from an international law perspective. This article conducts qualitative research to describe ballistic missiles and to analyse the significant international law instruments in this regard. Hence, a conceptology, the Security Council resolutions, the international multilateral arrangements, and the exemplary bilateral agreements are briefly discussed after an introduction. It concludes that these instruments are significant in non-proliferation diplomacy and the progressive development of international law in this field. Particularly the bilateral agreements concluded between Russia and the USA illustrate exemplary patterns in this field and future international efforts in disarmament and arms control negotiations.

One of the most important developments in dispute resolution law is the emergence of online dispute resolution methods. There are ambiguities and legal issues regarding said methods due to their specific characteristics and occurrence in cyberspace. One of the challenges of these methods is how to enforce the results because the ordinary or traditional methods of enforcing final dispute resolution documents are not helpful in this field. Due to the high importance of the enforcement of final documents in the validity and acceptability of each dispute resolution method, the legal doctrine and e-commerce activists: predicted and implemented solutions about automatic enforcement of results of online dispute resolution methods without the need for the recourse to courts or other authorities. The present study has examined the strategies of automatic enforcement of ODR final documents in the following topics: "Monetary Enforcement Mechanisms", "Domain Name Resolution Enforcement Strategies", and "Automatic Enforcement Based on Blockchain Technology". The present article concludes that supporting and promoting online dispute resolution methods and strategies for automatic enforcement of ODR final documents is the most critical and fundamental step in reducing the workload of the courts and other legal authorities. At the same time, such a goal is not achievable without the legislature's support and the approval of the corresponding laws. In this regard, the Iranian Legislature is advised to draft and enact integrated and comprehensive rules in the area.