مجله تحقیقات حقوقی
پیاپی 100 (زمستان 1401)

According to Article 15 of the Electronic Commerce Code of Iran (2003) repudiation of the Secure Data Message is not heard and on the other hand, upon the attached Note to Article 1 of Check Code (2018) “The regulations and statutes concerning the Check, as per the case, is required about checks issued in data form too”. Also, we know that one of the formal defenses against unofficial documents, including checks, is repudiation. Accordingly, and given that technically and routinely, issuing an electronic check requires an "electronic signature certificate" to authenticate the issuer, and while these requirements, in the final analysis, give the "reliable" description to the check data message the question arises whether it is possible to deny a check issued in the form of "secure" message data. In other words, what is the duty in the conflict between these two legal propositions? The authors have analyzed the discussion by the descriptive-analytical method after examining the principles of the supplementary note, carefully in the same provisions in other electronic documents in domestic and foreign law, and have concluded for each of its branches.

If we consider the basics and principles of proceedings in bringing the case to the aggrieved party, speeding it up can be one of the main foundations of judicial and civil justice, and of course, the electronification of judicial and proceedings services can also be defined as the main goal of proceedings in this area. In this regard establishing order in societies requires imposing appropriate laws. Updating the rules in line with the increasing development of information technology is a vital concern; hence the Judiciary Department Chairmanship has considered moving forward to electronic trial and has enacted regulations for the provision of electronic judicial services. According to the mentioned regulations, the offices of judicial services have been established and the lawsuit is necessarily filed through the mentioned offices. Filing a lawsuit by judicial service offices has many advantages and disadvantages; On the other hand, the imposition of regulations by the head of the judiciary department conflicts with the principle of incompetence in public law; However, it is clear that in many cases the requirement to use legally specified authorities has been the enactment of regulations to achieve the codified goals, but this authority should not be a factor in restricting the acquired rights of the people; therefore, an optional choice should replace the obligation of individuals to file a lawsuit through the mentioned offices.

Technological developments always include issues of various dimensions, of which the legal aspect is undoubtedly one of the most prominent dimensions. One of the main factors of this is the lack of clear assignment of the law to the subjects and the need for interpretation and analysis based on the existing legal foundations, which is sometimes difficult and challenging in practice. Undoubtedly, one of the manifestations of technological developments is virtual assets and the issues surrounding them, which despite their development, the legal systems, especially the legal system of Iran, have not provided an appropriate response to the issues related to it. One of these cases is the issue of extracting cryptocurrencies using miner devices, many of the rules related to which have not been determined in Iran's legal system. Among these issues is the elimination of smuggled mining devices, which although there is no specific provision in the Law on Combating Smuggling of Goods and Currency approved in 1392 with subsequent amendments, including the amendments of 1400, Resolution No. 204483/00/p. dated 10 11/1400, the central headquarters to combat the smuggling of goods and currency has prescribed the elimination of miners in some cases. Based on this, the present article, with a descriptive-analytical method, based on the existing laws and regulations, it is tried to expand the possibility of including the elimination rules on miners and examine its legal aspects.

In the 17th century that with the invention of the microscope, the man realized that the surrounding world is beyond what is exposed to his senses, national and international legal systems in the third millennium are lost facing the invisible part of the Internet (Dark Web) which is an intangible, unknown, important and great phenomenon and hidden behind the veil of anonymity. They have not been able to have a specific, appropriate and comprehensive response. In this article, first of all, the need for international law to pay attention to the dark web has been examined. Then by studying international and regional instruments, interpretations, and legal scholars, the insufficient response of international law to the dark web has been criticized and the existing capacities in international law, like a non-binding instrument, soft law, and international cooperation, have been investigated. In the end, the application of these capacities in the path of achieving realistic legal frameworks of the dark web has been studied.

Public interest in cryptocurrencies, such as Bitcoin and Ethereum, has increased recently and the global crypto market continues to thrive. Cryptocurrencies are often portrayed as a major challenger to the current financial system, promising security, speed, transparency, increased financial transactions and creating a fairer economy, preserving privacy and eliminating administrative formalities. Assuming that we accept all these points but the crypto world does not always have positive aspects. Governments, regulatory agencies, central banks, and other financial institutions are struggling to consider the prospect of decentralized cryptocurrencies in terms of the legal, economic, and technical challenges they pose but there are still important and various challenges, including the problem of determining the competent court and the governing law, violation of mandatory regulations, tax evasion, committing crimes and disruption of the economic order, that require legal serious consideration. In this article, we discuss the most important legal, economic and technical challenges of crypto problems that lawyers, economists, software experts and investors should be aware of.

Deepfake or unreal audio and video simulation in the field of criminal lawAbbas SHIRI (Associate Professor, Faculty of Law, University of Tehran)AbesrtactDeepfake, or unreal audio and video simulation, is a new complex technology in the field of artificial intelligence.  This technology can produce an unreal clip of people using the real voice and image, so that it is difficult and even impossible to distinguish it from the real voice and image.  Making deepfakes about celebrities, political officials and ordinary people has spread, because it can convince the audience that these audio and video clips are real.Deep fics destroys the border of reality or illusion and counterfactual, because it creates a high level of believability in the audience.  Not all cases of deepfake have a criminal aspect.  Rather, it has many legitimate uses, especially in internet games, movies, advertising, education, etc.  However, the impact and wide application and complexity of this technology in distorting the border of truth and lies caused it to be used in the realm of crime with political, racial and commercial purposes, misleading the public.Criminal cases of deepfake have not been criminalized so far. The possibility of matching computer crimes, production of vulgar, obscene and pornographic content, to defamation and publication of lies with deepfakes, is examined in this article. Keywordsdefamation, vulgar images, obscenity, pornography, fake news, deep fake, publication of lies, artificial intelligence, computer forgery, deep forgery.

Although the appearance of companies which are based on technology providing financial services, called financial technology (Fintech), has become public and facilitates financial services, the regulatory bodies are worried about possible negative consequences of these companies due to uncertainties of the companies’ business models and their effects on the economic system. In Iran, the increasing growth of fintech businesses and people's interest, in one hand, and the lack of proper familiarity of regulatory bodies with this field for regulation, on the other hand, have caused similar concerns. So, reaching a balance point in which the innovation and development of fintech are supported and their related risks simultaneously are managed has been the main challenge of governments and regulatory bodies. Regulatory sandbox is one of the solutions used to answer this main challenge. The Regulatory Sandbox is a secure mechanism in which fintech businesses have the possibility to operate under the supervision of the regulatory body to test their product in a limited market with few customers and without any worries of punishment in terms of non-compliance with some rules and regulations. In this paper, the concept, features, advantages and disadvantages of regulatory sandboxes are discussed with a descriptive and analytical method. Then, the measures have been taken in Iranian legal system to apply this regulatory solution are analyzed and suggestions for more effective implementation of this solution are presented.

Deepfake means creating animated content (video) by mimicking, simulating, or replacing a pre-existing face. In the way that the viewer imagines, the produced video is real but it is not real. Deep learning technology, which is based on artificial intelligence, has made it possible to produce such content. This article focuses on the legal aspects of deepfaking and, in particular, the possible abuses of deepfake content. Fake content may be produced and/or distributed with the intent to defraud abuse, deceive the public, or defame a celebrity. The main question is, what legal challenges does deepfake entail, and are the existing Criminal Acts and civil liability regulations responsive to the new situation that has arisen with the spread of deepfake or not? To answer such questions, in this article, the characteristics and practical challenges of deepfake, the use of the provisions of intellectual property agreements to manage deepfake, and legal solutions to reduce and manage deepfake are examined.

As a new technology, the Internet of Things has accelerated the transformative role of digital technologies, and the use of Internet of Things devices by consumers is increasing significantly every year. The relationship between the risks associated with these products and the use of this technology may cause problems and damage. One of these issues is the damage that is caused to people and property, and one of the most important goals is to determine which person can be attributed for the damage. And what is the responsibility? The present article, with the analytical-descriptive method, is trying to study the basic rules of civil liability due to product production by stating the existing theories of the basis of responsibility in terms of the current situation and the latest developments in this field, in such a way that the group of manufacturers of IoT devices due to production The defective and damaging product will have liability, the basis of liability of IoT device manufacturers will generally be based on the product liability theory, and the strict liability theory applies to high-risk commercial users such as the medical sector, and the negligence liability theory is suitable for non-commercial users. And the theory of responsibility for breach of warranty can be applied between the manufacturers of Internet of Things devices and their buyers and users. And this issue has gained double importance due to its novelty and various applications, and despite the feeling of emptiness in domestic laws, the clarification of this issue is an undeniable necessity.

The footprint of block chain and all types of crypto assets is evident in various sectors of the economy and international commerce. This various role and its streaming capability can challenge many of the previous regulations and show the inadequacy and inefficiency of the existing regulations. Examining the factors that cause the entry of such technology in the field of economy and international commerce shows the necessity of having regulations in harmony with the emergence of this technology and the current and future changes in international commerce. Factors such as the global trades of these assets, their use as a new tool of international payments or as a tool for financing and investment, and their function to apply global ownership will necessitate an international look at this technology. Beside, this issue is one of the cases whose effects and consequences can be extended beyond the national borders, and in such cases, there is a need to unify national laws and regulations. The difference in countries' approaches shows that national regulations alone are not able to create order and discipline in this global category. Therefore, in such matters, it is necessary to seek international order and discipline through the establishment of uniform and coordinated regulations with other countries.

A smart contract is one type of electronic contract whose specific feature is automatic execution. General validity conditions of contracts should be met to determine the validity of a smart contract. General validity conditions of a contract from Iran and the United States of America perspective consist of parties’ capacity, mutual agreement, consideration, and legitimacy of contract purpose. As described in this article, parties’ capacity normally does not examine in the routine procedure of smart contract conclusion, and it’s obligatory to ensure the complete capacity of parties by additional measures. Mutual agreements easily can be determined in smart contracts. Smart contracts can be concluded as reciprocal or nonreciprocal; and this article clarifies if there was no consideration in a nonreciprocal smart contract, it should be deemed as void in USA territory. Finally, if the purpose of a smart contract conclusion was illegal, undoubtedly that contract will be invalid in both Iran and USA territory.

A smart contract is one type of electronic contract whose specific feature is automatic execution. General validity conditions of contracts should be met to determine the validity of a smart contract. General validity conditions of a contract from Iran and the United States of America perspective consist of parties’ capacity, mutual agreement, valid subject-matter, and legitimacy of contract purpose. As described in this article, parties’ capacity normally does not examine in the routine procedure of smart contract conclusion, and it’s obligatory to ensure the complete capacity of parties by additional measures. Mutual agreements easily can be determined in smart contracts. Smart contracts can be concluded as reciprocal or nonreciprocal; and this article clarifies if there was no consideration in a nonreciprocal smart contract, it should be deemed as void in USA territory. Finally, if the purpose of a smart contract conclusion was illegal, undoubtedly that contract will be invalid in both Iran and USA territory.

The increasing growth of new technologies provides this possibility for unmanned aerial vehicles (UAVs) to enter into wider areas of the airspace of countries. They operate in various social and economic fields, commercial, agricultural, environmental, military, security, etc. Therefore, UAV activities include both civilian and military aspects. What is considered this article is to pay attention to the legal aspects of civil UAV aviation. Specifically, whether the regulation of UAVs is within the national jurisdiction of the countries, or whether the International Civil Aviation Organization (ICAO) can regulate their activities within its jurisdiction. Since the different performance characteristics of UAVs from other aircraft and the inevitable possibility of integrating remote control UAVs operations in unsegregated airspace and airports in a short period, the need to regulate them are in urgent. Article 8 of the Chicago Convention (1944) pays attention to pilotless aircraft, however, the situation of UAVs in this convention is vague. Therefore, due to some ambiguities and shortcomings as well as the functional characteristics of UAVs, it is necessary to enquire whether the flight of UAVs should be under the jurisdiction of the domestic system of States or that ICAO can take steps to coordinate and regularize issues related to UAVs which is the main core of this article.

The increasing growth of new technologies provides this possibility for unmanned aerial vehicles (UAVs) to enter into wider areas of the airspace of countries. They operate in various social and economic fields, commercial, agricultural, environmental, military, security, etc. Therefore, UAV activities include both civilian and military aspects. What is considered this article is to pay attention to the legal aspects of civil UAV aviation. Specifically, whether the regulation of UAVs is within the national jurisdiction of the countries, or whether the International Civil Aviation Organization (ICAO) can regulate their activities within its jurisdiction. Since the different performance characteristics of UAVs from other aircraft and the inevitable possibility of integrating remote control UAVs operations in unsegregated airspace and airports in a short period, the need to regulate them are in urgent. Article 8 of the Chicago Convention (1944) pays attention to pilotless aircraft, however, the situation of UAVs in this convention is vague. Therefore, due to some ambiguities and shortcomings as well as the functional characteristics of UAVs, it is necessary to enquire whether the flight of UAVs should be under the jurisdiction of the domestic system of States or that ICAO can take steps to coordinate and regularize issues related to UAVs which is the main core of this article.

Protection of personal data in the digital age is a necessity for Ensuring the privacy and development of personality. Informational Self-determination was first established in the constitutional system of the Federal Republic of Germany by ensuring the possibility for an individual to decide on the disclosure or use of his personal information. The Constitutional Court explained this concept in the "Population Census decision" in 1983. Since the democratic order of the fundamental law is based on the development of personality, informational Self-determination should enable citizens to freely develop their personality. Although the scope of this concept includes the integrity and confidentiality of information systems, the borders of informational Self-determination are threatened when the government is forced to use citizens’ private data to maintain public order or provide a service. The judicial procedure has a fundamental position in making the legal system dynamic regarding social development due to the immutability of the articles related to fundamental rights, forming the study concept. Since Germany is one of the member states of the European Union, data protection laws at the level of the Union affect Informational Self-determination.

Artificial intelligence (AI), as one of the most important human achievements in the 21st century, is expanding its dominance in science, technology, industry, art, etc. this technology is spreading its shadow over various jobs in these fields. The field of law, and specifically proceedings and courtrooms, are reluctantly being influenced by this technology. This article aims to explain the challenges of employing this modern technology as a substitute for civil court judges. Despite all the AI‘s achievements and the opportunities it can bring to the judiciary, it seems this technology faces severe challenges in matters such as legal reasoning, impartiality, and public acceptance. This research, with a descriptive-analytical method, while explaining the shortcomings of AI in the field of judgment, reveals that AI, with its current capabilities, cannot be considered as a complete substitute for a human judge. This means that it would be more effective to use AI as a tool in the service of judges, helping them in handling and resolving disputes faster and more accurately. These challenges are compounded in Iranian law, which is affected by Feqh regarding judges' conditions and hindrances of the Iranian legal system compared with other legal systems in employing new technologies such as AI.

Letters of credit are one of the most successful solutions for large and international business players in the field of increasing security and reducing transaction risk, where the buyer opens a letter of credit with a reputable financial institution such as a bank, thus assuring the seller. That is the amount promised and delivered. This process, which was based on paper and involved a lot of risks, still requires a lot of time and money, despite the many advantages of electronic systems. Therefore, any attempt to reduce time or cost increases credential efficiency. The purpose of this article is to explain the possibility of transferring letters of credit procedures from previous methods to the blockchain platform and creating smart contracts as model proposals, using the descriptive analysis procedure to coordinate and evaluate the steps in both procedures. Deals in this area and its compatibility with block chain technology and smart contracts. The results of this study show that implementing a Letter of credit on the block chain platform as a system that is highly secure and uses smart contracts (self-execution) increases transaction security and the likelihood of retaining provided documents, resulting in human resources involvement and the process from beginning to end credit makes documents shorter, faster and low cost. Usance LC on the block chain platform is also based on smart assets, eliminating the need to comply with Swift and FATF rules, including issues such as the lack of direct lines between banks in different countries.