نشریه مطالعات حقوقی فضای مجازی
پیاپی 1 (بهار 1401)

Due to the expansion of cyberspace users, the types of cybercrime have increased day by day and the manner of occurrence of these crimes has become more diverse and advanced. Noting inconclusion of or inefficiency of  the criminal laws governing the traditional crimes, many of the countries worldwide, including Iran, has opted for legislation and enactment of special laws regarding cybercrimes. One of the principles of criminal law is the proportionality of the crime and the punishment and the balance between the punishments in similar crimes. The question that the present article seeks to answer is ‘whether a balance has been abided by between the punishments determined for similar crimes in the traditional and cyber space?’. The research method in this article is descriptive and analytical in terms of collecting library resources and in terms of its content. A comparative study of the punishments for traditional theft and cyber theft, traditional fraud and cyber fraud, and encouraging corruption and prostitution in the traditional space and cyberspace, indicates that the principle of proportionality of crime and punishment and the balance of punishments in similar mentioned crimes have not been observed. Punishments for similar cyberspace crimes are far lighter than the same crimes in the traditional environment, which seems to have no legal justification and requires a review and amendment of the law.

The environment of communication and interaction between states is changing in line with the progress of modern science and technology. The modern means of communication, in addition to facilitation of better and fast interactions, have the potential to become destructive threats that may interfere with the internal affairs of a country, and may target the right of determination of the people of a country, for example by using Movements during the elections in the targeted countries, or in the worst case, disrupt or destroy the vital and important infrastructure of a country. This research has been carried out in a descriptive-analytical method employing library studies and using documents available on the internet. The present article, while examining the principle of non-intervention as one of the basic principles of international law in cyber operations, accentuates the Tallinn Manual 2 in its attempt to examine the characteristics of a cyber-attack and, by considering the specific features of the intervention, aims at explaining the violation of the principle of non-intervention through cyber-attacks in different conditions.

Securing cyberspace and ensuring its security against the risks that exist is one of the most important human challenges in today's societies. New laws need to be legislated and passed so as to enable legal solutions to come into existence to combat the potential and actual risks of cyberspace, giving rise to a safer and more secure space. In order to make this happen, nowadays insurance companies have started offering virtual insurance services related to cyberspace. With the advancement of blockchain technology, non-fungible tokens are becoming more and more valuable. Therefore, insurance for valuable products worth millions of dollars is essential. This article seeks to explain the strategies and methods for applying insurance to non-fungible tokens. In this article, we seek to investigate and evaluate the feasibility of insurance for non-fungible tokens inspired by similar examples employing analytical descriptive methods. As a general conclusion, it can be stated that the insurance of these products requires widespread popularity of these products, establishment of appropriate laws, creation of systematic platforms and creation of desire in insurance companies to insure non-fungible tokens.

The theory of left realist criminology proposes the square of crime to prevent crimes, and discusses the square design of crime accentuating the point that all four aspects of victim, offender, state agencies (e.g., the police), and the public must be considered in order to deal with crime in a comprehensive way. Therefore, due to the occurrence of crimes in cyberspace, which is within the jurisdiction of the FATA police, the present research has been carried out. The present study uses library documents and resources and descriptive and analytical methods to analyze the structure of FATA police in the light of the teachings of the theory of left realist criminology. The findings and results of this study indicate that the FATA police, as a state agency with a proper executive and law enforcement function as well as supportive structure and using the theory of left realist criminology, has the ability to have a significant preventive share of crime. Also, according to the left realist criminology, the influence of subculture in cyberspace and the creation of class distance through cyberspace, which increases the sense of deprivation in society, play a role in committing crimes. Therefore, considering the pivotal role of the police in the approach of the theory of the left realist criminology in prevention of crime, it is necessary to eliminate the identified deficiencies and detriments in order to prevent crime in cyberspace.

With expansion of cyberspace, crimes in this area have also spread. The need for credibility, seizure and collection of electronic evidence has been considered in various criminal justice systems. The purpose of this article is to comparatively study and analyze the position of electronic evidence in the criminal justice systems of Iran and China. The present research employs a descriptive-analytical method in reaching its objectives. The rules and regulations governing electronic evidence in China and Iran have been studied and comparatively examined. Investigating cybercrime requires the seizure, collection and credibility of electronic evidence in the trial process. The laws and regulations of Iran and China have dealt with these issues separately and have provided solutions for criminal prosecution by criminalizing cybercrime. The criminal systems of Iran and China have adopted different regulations and laws with regard to collection, seizure and credibility of the electronic evidence according to their own needs in the society. The legal system of China is more developed than Iran as far as its technical and specialization are concerned. The legal system of Iran, in its turn, follows a human rights approach of the same and attempts at restricting the authority of the justice administration law enforcement agents by stating their duties and responsibilities. Both of the systems use police force as the responsible body for collecting, seizure and credibility of the electronic evidence.

Development and expansion of uncontrolled social networks has become one of the most important concerns of families and academia as well as the religious leaders. Expanding the subject and considering the misleading books and the orders concerning the same and their distribution in the cyberspace, studies the liability of the resenders of the concerned content. The paper employs library method in collecting the needed data and is descriptive-analytical. Distribution of the misleading books in the media and cyberspace is punishable by itself and, therefore, the liability of the re-senders of such content are considered to be same as the main author and depends on the quantity and quality of the sent and distributed content and the intent and legal elements as well as actus reus and mens rea of the same. Therefore, all the liabilities of the original producer of the content are applied to the re-sender as well. The liability of the original producer and sender and the re-senders depend on the number of the groups and these people are responsible towards the damages incurred. Noting that not all the damages by misleading media could be compensated for, and that the Haqq al-Nas (what is due to men in contradistinction to what is due God) are to be compensated for with the owners of the media, supposing that the owners are not known, secondary verdicts including general cultural obligations and religious enlightenment activities could be issued