نشریه مطالعات حقوقی فضای مجازی
پیاپی 4 (زمستان 1401)

In order to prevent the occurrence and continuation of criminal activities in the cyberspace and to ensure the protection of the public and national interests of the society, the Iranian lawmaker body has employed a guideline entitled The Order of Refining the Working Group to determine examples of criminal content under the Article 750 of the Islamic Penal Code (section of Computer Crimes). This new non-criminal measure, which is a temporary security measure in nature, has entered the legal criminal policy of fighting cybercrimes based on the teachings of the negation of absolutism in terms of the technical and specialized characteristics of cyberspace crimes. The mentioned approach has caused challenges and given rise to ambiguities with regard to the nature of the position and status of the working group for determining examples and its decisions and the conflict they have with the decision of the judicial authorities.The authors of this research, using the qualitative-exploratory method and based on documents and library sources and using the point of view of experts, have concluded that: 1- The nature of the aforementioned working group is one of the examples of quasi-judicial commissions; 2- The decision of the working group to determine cases is subject to the supervision and can be sued in the Court of Administrative Justice according to the general principles of litigation; 3- In the legal procedure of the judiciary, the decision of the Amarah (lit. sign or allusion) working group is considered to be a refutable type of criminality.4- The decision of the working group to determine the examples for the judicial authority has a formality.

The most important part of the proceedings related to crimes, both traditional and computerized, is related to evidence to prove the case. The existing evidence in the computer systems are electronic. The present research in terms of purpose is an applied one which employs descriptive-analytical methodology and is based on library resources. The present research has been conducted with the aim of comparing the value of proving such evidence in the legal system of Iran and France. The judicial system is facing a serious challenge regarding the admissibility of electronic evidence due to the special characteristics of this evidence and the associated anonymity of perpetrators, as well as the speed with which evidence and crime scenes disappear. Collecting such evidence requires compliance with legal rules and regulations and any kind of non-compliance with these rules and regulations calls into question the integrity, validity and irrefutability of the evidence and causes the courts to reject the evidence. Therefore, in the process of criminal proceedings, the issue of referral to the evidence collected in the cyberspace is of special importance. The results of this study show that the probative value of electronic evidence, although not explicitly stated in the laws of Iran and France, has been accepted and that the legislators of both countries value such evidence in as much as and in the limit of the traditional evidence. The legislator body has considered the mere compliance with rules and regulations of collecting electronic evidence to be sufficient for the citation of and referral to such evidence.

The international law of cyberspace is still in its initial stage of development and formation and the relevant international institutions and authorities are consulting on various issues related to the cyberspace. However, all the actors in this field have reached a consensus regarding such principles as the principle of freedom of information, the right to privacy, the principle of non-interference in the internal affairs of countries, as well as the principle of prohibiting the use of force in cyberspace, and the binding regulations and documents have been approved and implemented in a global scale in this regard. The nature of the cyberspace needs to be studied and analyzed enough to be able to apply the legal rules of the real space to that space. In this regard, concepts such as the civil responsibility, the criminal responsibility and, especially, the international responsibility and their instances and proofs in cyberspace must be analyzed and adapted. This issue has been covered by the present article.

Owing to the development of technology and being in the age of explosion of communication, the interaction of people and communities is increasing in the virtual platforms. This has created important developments in different structures of society. These developments, along with the growth and development of human beings and their societies, have given rise to some threats to real persons and legal entities. It can even be stated that the spread of the effects of this threat has gone beyond the geographical and political borders and has penetrated into the national security area of countries. Therefore, laying the groundwork for creating a suitable platform for the development of the virtual space seems necessary in view of the human need for this phenomenon. The Jurisprudence (Fiqh) offers such a suitable and efficient platform in that in has a comprehensive program based on principles and rules that are general and comprehensive. Indeed, in addition to specifying the rules to be abided by the individuals in various issues, it clarifies the overall tasks of the society. Among these major tasks is the issue of regulating international relations and the interaction of the Islamic States with other societies. For this purpose, the present article deals with the jurisprudential rules in the field of interaction of the Islamic system and Islamic States with other Muslim nations in a descriptive-analytical way. The most important rules that can be proposed in this context are: 1. Denial of Domination Rule 2. The Principle of Unilateral Irrevocability 3. The Principle of Peaceful Co-Existence 4. The Principle of Invitation 5. The Principle of Prohibition of Cooperation on Unlawful 6. The Principle of Expediency 7. The Principle of Enjoining Good and Forbidding Evil 8. The Principle of Justice 9. The Rule of Necessity of Protecting the Islamic System 10. The Rule Principle of Protection of the Secrets of Muslims 11. Forbidding Harming a Believer 12. The Rule of Veneration of Rituals.

As a specialized legal field, the fashion law concerns the interconnection between Intellectual Property Rights and Fashion Industry, with its ultimate mission defined as the recognition of Exclusive right of the creators of products to the Material Intellectual Property in assetization and use of the same. This legal discipline yields positive results directly associated with the augmented control and management of the fast fashion industry. The fast fashion industry is forged out of the unfair trade practices of the brands which, by infringing upon the Intellectual Property Law and imitation of other firms' dress designs, embark on mass-production of copied garments in the shortest possible time, and synonymous with committing this unfair practice, cut their peripheral costs in order to create a competitive advantage against rivals, leading to exploitation of workers, utilization of cheaper and lower-quality materials, and environmental damages. The fashion industry has devised innovations to tackle fast fashion's negative spillovers which, however, are doomed to fail vis-à-vis this particular phenomenon separately. On the other pole, the advent of the metaverse has greatly revolutionized the fashion industry. Metaverse has been ascribed a bundle of virtual 3D networks the utilization of which requires certain technologies. The integration of fashion industry elements into the metaverse bears certain results which are manageable with viable legal mechanisms. Applying a theoretical legal research approach to evaluate its damaging repercussions, this research dives into the challenges facing the fashion industry and assesses the capacity of the space ascribed as metaverse in relation to the fashion industry with the aim of reducing the associated harms.

 

In recent years, due to the expansion of cyberspace, citizens expect their citizenship rights to be given due attentions in cyberspace. Therefore, aim of the present research is to identify and prioritize the components of citizenship rights in cyberspace.Research

applied developmental research was conducted in a mixed (qualitative-quantitative) manner. Using the purposeful sampling method, 12 experts familiar with the research were determined in Fouladshahr City. In the qualitative section, thematic analysis was used to encode and identify the factors. To prioritize the factors in the quantitative section, the fuzzy DEMATEL method was used with the help of DEMATEL solver software.

The results showed that the elements of citizenship rights include 9 general themes. Respect for privacy, security, copyright, freedom of speech, information technology infrastructure, preservation of human dignity and values, laws and regulations, right to education and respect for children's and women's rights. Using the fuzzy DEMATEL technique, it was determined that the right to education is the most influential factor among the factors, and maintaining dignity is the most influenced .

By determining the necessary components for citizenship rights in the cyberspace, the managers of Fouladshahr Municipality can take fundamental steps in improving services offered to the people and in promoting their citizenship rights.