نشریه مطالعات حقوقی فضای مجازی
سال دوم شماره 2 (پیاپی 6، تابستان 1402)

Nowadays in the Islamic Republic of Iran, like other Islamic countries, there is a lot of discussion about sales and purchase of digital currencies and cryptocurrencies (cryptocurrencies). This phenomenon was first introduced to the public in late 2008. At present, although the sales and purchase of such currencies is also common in the Islamic Republic of Iran, we still face challenges and ambiguities regarding the legal status of transactions of these currencies. Obviously, in this regard, as well as many new issues in society, commentary by scholars of relevant sciences can have the greatest and most effective contribution in shaping the image and future frameworks related to the subject. Undoubtedly, one of the most important of such contributions is the comments of Islamic scholars and jurists. Most Islamic jurists and authorities either based on fatwas or caution favor prohibition of trade of digital currency. On the other hand, some authorities, including Ayatollah Khamenei, the Supreme Leader of the Islamic Revolution of Iran, have allowed it as a pioneer if it does not contradict the current laws of the country. Therefore, in this article, employing a descriptive method, we will examine the Shari'a ruling on the transaction of digital currencies and some related variables, focusing on Ayatollah Khamenei's point of view.

The anonymity and low cost of cyberspace make it a unique environment. Due to this characteristic and the widespread influence of cyberspace among young people, it is particularly pertinent to examine the impact of environmental characteristics on crime. Following the topic, the research aims to investigate how environmental factors and features may influence young cyberspace users' criminal behavior. In order to conduct the present applied research, the researchers utilized the survey method. This study investigated cyberspace users aged 18 to 35 living in Shiraz. The researchers selected 300 people on random sampling basis and developed a questionnaire to conduct the study. SPSS-26 software and descriptive and inferential statistics (Pearson Correlation Coefficient) were used to analyze the data. The findings showed that the correlation between encouraging environmental factors and rate of crimes committed by the mentioned group of cyberspace users is meaningful. Therefore, the more intensive the environmental factors that encourage crime, the higher the crime rate are observed. Furthermore, the calculations indicate that deterrent factors are significantly correlated with crime. An increase in deterrent factors can contribute to the reduction of crime. Taking into account the characteristics of cyberspace and the intensification of factors that encourage crime, special attention should be paid to developing and modifying appropriate software platforms. Furthermore, increased parental interaction with their children and establishing indirect controls can also reduce the rate of crime among the mentioned group.

As an attractive, accessible and inclusive environment, the cyberspace has many capacities for the development and expansion of basic human rights and demands regarding them. But in reality and action, the mentioned space has become a tool to violate these rights, and the politicians of "authoritarian" States, with the help of the capacities of this space - especially social networks -, have violated the basic human rights including privacy, right to freedom of information and freedom of expression. The present article, employing the descriptive-analytical methods and with rational induction in the performance of some authoritarian States in the cyberspace, constitutes an attempt in finding cases of human rights violated by the "cyber authoritarianism" of the mentioned governments and the optimal understanding of the threats to the human rights using new technologies and artificial intelligence. The findings of the research indicate that cyber authoritarianism has fundamentally violated human rights by violating data privacy and security, denying free access to information, spreading false information and limiting the right to freedom of expression and that nowadays many states have been busy with establishing grounds in cyberspace for continuation of their authoritarianism by forming special malicious cyber groups such as "Keyboard Army" and using "Trolls" in the way of engineering public opinion and thought, hiding information and giving false information.

The principle of immediacy in legal sanctions is conflicting and relative concept. Conflicting, because it seeks to legal sanction performance in short time to prevent crime from continuity and keep victim and community from hurt. On the other hand, for imposition of legal sanctions determined by judge and not the law due time for the purpose of judicial accuracy and assessment is needed; and issue that may be impacted by the principle of immediacy. Relative, because the principle is not recommended in all of legal sanctions or stages. Although collateral sanctions (social) and professional (administrative) need to be performed immediately, but criminal and civil sanctions need accuracy and evaluate. Balance between different sanctions particularly for protecting fashion designer sights is necessary. Like some of intellectual property subjects, violation of the rights of fashion designers result in losing of the designer’s moral and material rights. Therefore, waiting for explanation of charge, trial and legal sanctions performance of the accused is not compatible with the victim and criminal-based justice goals. In turn, immediacy in legal sanctions performance with the purpose of the prevention of violation of the creators’ rights may be more efficient than resorting to criminal sanctions. The present research employs descriptive and library methods assessing the efficiency of the principle of immediacy in protecting the designers’ IP rights whereby it concludes that compound performance of legal sanctions from the beginning to end, based on subject and nature, can be effective so that before trial, the principle of immediacy governs and, is dominate and during the trial, the principle of accuracy.

The present sociological/criminological interpretive exploration has been done with the aim of showing the necessity and method of research in the mentioned field and has the form of "research programs" (in the sense of Lakatoshi). The researcher, with an understanding of the lifestyle in two dimensions pre-cyber and cyber, in the comparative background of the biological dimensions of crime in pre-cyber (traditional, modern) and cyber (post-modern, etc.) criminology, by adopting the deconstruction method and triangulation technique, has tried to provide an understanding of a combinatory (socio-psychobiological) concept of crime (especially cyber). By relying on the data of neurology/neurology and communication of every contemporary human act (criminal/non-criminal) with modern applications (necessary in the digital/online life context) "hand-eye-brain", attempts have been made in formulating  a contemporary and combinatory view of the organization and phenomenon mechanism of crime in the modern (cyber) system. This study, as an explanatory entry on the recognition of the hybrid (cultural-biological) foundation of cybercrime, with a preventive purpose and in the context of restorative justice, has also tried to reflect on the educational/educational needs of children and teenagers in the context of Cyber lifestyle.

A correct legislative policy in dealing with crimes committed in cyberspace must represent the decisive and quick actions of the legislator. Considering the impossibility of full compensation of the damages caused by cyberspace and the variety of criminal actions, the legislative policy must be formulated accordingly. As a case of such emerging issues mentioned could be made of harassment of women in cyberspace. The legislators do not have a separate regulation with regard to this. The purpose of the present article is twofold. Firstly, the commission of such crimes at the present time must face an appropriate punishment for the perpetrators of such crimes. Secondly, considering that the bill for preserving the dignity and protection of women against violence is in the process of approval in the parliament, a recommendation must be stated with the purpose of amending the legal Articles in law related to the discussion of this article. In this research, using a descriptive library method, an attempt has been made to collect materials and answer this question: is it possible, according to the existing legal provisions, to apply the current laws in dealing with the perpetrators of such cases or not? The hypothesis that we are trying to confirm in this research is the possibility of adherence to the Article 619 of the Islamic Penal Code approved in 1375 in dealing with such crimes.