نشریه حقوق فناوری های نوین
سال چهارم شماره 2 (پیاپی 8، پاییز و زمستان 1402)

Although "Information and Communications Technology" provides numerous and intact opportunities for development, it has some challenges and threats. The law seeks to support opportunities for prevention from and fighting with challenges and threats. Since realising the essence of any concept leads to analysing its legal effects, analysing cyberspace in light of conceptual framework first results in understanding this space and then understanding its legal effects. Considering vast and new loads of information and Communications Technology as the main question, finding the concept of cyberspace as an objective and untouchable space and its legal effects is the subject of this article. This study has been done in a descriptive-analytical way using library and internet sources. The findings of this research indicate that cyberspace law is both different and similar to physical world law. However, the principles and basis of legislation and the tools, conditions, and effects of conducting conduct in cyberspace differ from the physical world.

The current research has dealt with the problem of opportunities and threats of electronic public services with a descriptive-analytical method and collection of sources using a library method. The communication revolution in the 21st century and the increasing progress of information and communication technology have led to the emergence of the concept of electronic government and, as a result, electronic public services. At the same time, with the development of technologies and the globalisation of competition between governments to provide public services electronically, the expectations of citizens from governments to receive services through electronic means have also increased. Therefore, one of the duties of governments is to develop the provision of public services electronically. Electronic public services, in addition to many opportunities such as reducing corruption, and increasing transparency, which strengthens the foundations of democracy and efficiency, also face various threats. Threats such as the protection of people's information, distrust of citizens in the government, and weakness in infrastructure, are among the things that, if ignored, will cause problems for the electronic public service project. Finally, the development of electronic public services and the use of its opportunities, in addition to the efficiency of the government and the satisfaction of citizens, also leads to an increase in the government’s legitimacy.

Artificial cloud fertilisation technology has recently affected various aspects of human life. This technology affects air, water, and land and has potential implications for economic development, production, and the environment. Cloud fertility technology can have both positive and negative effects on the environment. The application of this technology will increase rainfall, develop required water reserves, reduce drought, and improve human health and well-being. However, silver iodide particles and other substances used in cloud fertilisation may have harmful environmental effects. Based on this, this research was conducted with jurisprudence and legal investigation of the environmental aspects of cloud fertility and with a descriptive-analytical method. The research findings show that the reasons for opposing this technology are not real, and this matter's complications and biological risks are more imaginary and caused by a pessimistic attitude. The extraction of water using cloud fertility technology does not pose environmental risks. Therefore, it is possible to use this technology from a jurisprudential and legal point of view.

Recently, boasting and showing off on social networks has spread widely. This phenomenon has often emerged in image-oriented social networks such as Instagram, primarily among teenagers or the network generation. This article deals with the causes and factors of the tendency to show off, its process, and the epidemic of this phenomenon in the age group of teenagers on Instagram. The current research method is a descriptive-analytical method with the analysis method of "contextual theory" and "experimental theory". To collect data and continue observing the behaviour of 18 predetermined users in the mentioned social network in a certain period (8 weeks), the tool of interviewing 12 other users has also been used. The findings of this research show that the phenomenon of showing off and attracting excessive attention, known as a disease, has its roots in histrionic personality disorder, the biological-genetic causes of which are unclear. Secondly, its high prevalence is primarily the result of disruption in parents' parenting methods, education and imitation, which the metavariables of the cyber sphere have aggravated. Thirdly, excessive self-presentation in social networks is a human-social phenomenon, so preventing this deviation must be exact and causes.

Electronic bill of lading has a special place in commercial law today. On the one hand, in parallel with the observance of business principles, including the principle of the speed of business affairs, its electronification is also inevitable and requires the application of rules and regulations to stabilise and validate them. On the other hand, because the judicial validation of this crucial electronic document is ambiguous, it is necessary to use the international rules and the laws of leading countries to regulate the governing rules for this document. Therefore, in the analysis of Iran's laws in this regard with the descriptive and analytical method, the criteria of UNCITRAL rules and combined with those laws of the United States as a leading country in registering the rules of electronification of commercial documents, the international achievements of validation and verification of the confirmation and assignment of this document to the obligee And the issuer of the electronic bill is introduced. This way, electronic signature stabilisation criteria and public assurance methods, a judicial act, can be selected as a criterion and presented as a problem. Investigations showed that the rules of UNCITRAL are closer to the rules of justice in this regard, and some of the rules of the law of Utah in the United States regarding electronic bills of lading are different from what is the public and private link of judicial validation of other electronic evidence.

The right to benefit from scientific advances, including new technologies, has always been considered one of the fundamental human rights; one of these new technologies is artificial intelligence technology. Artificial intelligence is a type of intelligence that was born in the 1950s and is an integral part of the digital revolution. The progress of artificial intelligence and its application in many aspects of human life, especially human rights, has transformed people's way of life. This research investigates the impact of artificial intelligence on the international human rights system using the descriptive analytical research method and library tools. The results of this research indicate that the use of artificial intelligence on different examples of known rights in multiple generations of human rights (first, second and third generation) has positive and negative effects and can be one of the examples of the fourth generation of rights (doctrine of technology). Additionally, to address the issues and potential adverse impacts, legal actions have been implemented at both national and international levels with the goal of setting standards and enhancing cooperation.

Today, voice Identification technology is developing as one of the modern techniques, which has a unique application in identifying the identity of people in the form of recorded voice. This method can be used in courts and tribunals, not only to convict people but also as a definite proof to prove the innocence of accused persons. In this approach, "identity recognition" is tested through face painting and the sound vibration diagram method of human voices. The uniqueness of the human voice is a great help for law enforcement in identifying criminals, especially in the field of emerging new crimes with technology. Ultra-modern, such as cyber terrorism, which threatens to bomb aeroplanes, government buildings, etc., or over the phone with the intention of extortion in the kidnapping. Biometric identity systems are currently a prominent feature of contemporary law enforcement in Europe, as the focus on time-consuming biometric data collection, such as fingerprinting and facial recognition, raises concerns about the impact of these technologies on surveillance. For judicial officers from the perspective of fundamental human rights. In particular, this paper examines the recent European project, the Integrated System for Voice Speaker Identification (SIIP), as a new Europe-wide initiative to create the first international voice biometric database, now the third largest biometric database in the world as used by Interpol.

The issue of delegating the authority to kill humans to artificial intelligence in wartime is one of the most challenging emerging disciplines, as it raises numerous legal issues. This is the first time that legal knowledge has encountered a phenomenon that, despite being created by humans, is independent of humans in thinking and decision-making, and it may be possible after multiple stages that even the creator of the system cannot comprehend or control its operation. Therefore, this article discusses the obstacles that the International Criminal Court must overcome to apply direct criminal responsibility and the doctrine of commander's responsibility in cases where artificial intelligence weapons have led to the killing of civilians and war crimes, as well as the steps that should be taken to overcome these obstacles. Following a documentary approach and a descriptive-analytical analysis, this article concludes that the current provisions of the statute regarding artificial intelligence need to be revised due to the emergence of a concept called the gap in responsibility, which is caused by the unique nature of artificial intelligence. To adapt to the new conditions, the international community must require manufacturers to provide maximum transparency and prohibit producing certain types of artificial intelligence. Regarding the possible killings caused by the use of artificial intelligence weapons with the ability to self-learning after production, the court statute must explicitly and exclusively specify the rules of criminal responsibility so that the existence of AI weapons does not lead to impunity.

Nowadays, the provision of public services by the government has been increasingly expanded. The electronic payment system is one of the public services which, due to its sensitivity, requires the regulation of the supervision of the relevant institutions. The electronic card payment network. created to organise the country's electronic payment system and monitors all transactions. This network creates online and instant transactions by creating the necessary infrastructure and provides a platform for card-based transactions in a robust monitoring process. Provides security in the country's banking exchange system. Providing these services requires powers and duties for the Central Bank and Shaparak, among which the responsibilities of providing the necessary infrastructure, identifying violations and imposing fines can be mentioned. These powers and duties can potentially cause a conflict of interest. Conflict of interests can potentially cause disruption in the provision of public services and damage private and public property. By examining the legal dimensions of the conflict of interest in Iran's electronic payment industry and the challenges in this field, the present research has concluded that by approving the approvals related to the conflict of interest in the card payment network, the rule-maker and the executive; The supervisor and the supervised should be separated from each other. Also, the conflict between the income and duties of organisations and between the organisational duties of actors involved in this industry should be resolved, and the rules should be changed in expert-oriented processes.

The increasing connection of states’ main functions to the interconnected nature of cyberspace exposes them to a new spectrum of threats. The international community is aware of the increase in cyber threats and is trying to develop the existing international law to regulate cyber operations. Employing a descriptive-analytic method and using library and internet sources, the present article aims at examining the conditions and requirements of cyber operations in three maritime zones, namely the archipelago waters, the contiguous zone and the exclusive economic zone and also international straits in the light of Tallinn Manual 0.2. It seems that Tallinn Manual 0.2 can be useful both in explaining the rules of international law related to cyber operations, especially in the field of cyber operations in different maritime areas, and in reducing the existing normative gap in this field. However, it is undeniable that there are still many areas of disagreement and lack of clarity, even among the experts who prepared the Tallinn Manual. It appears that the international legal framework governing piracy, even despite its shortcomings, can provide a basis for creating a similar regime to ensure international cyber security. Since countries' economic and political future is increasingly intertwined, achieving international consensus on issues such as the legal regime governing harmful cyber-attacks and operations is essential for global security and economic prosperity.

Cryptocurrencies are digital assets created using encryption techniques intended to serve as a means of exchange. Given their cross-border nature, it's important to consider their status within the international legal system. While many governments have recognised cryptocurrencies as money, others view them as assets that can be traded, like goods or services. Under certain conditions, they may also be treated as investments. This raises the question of how cryptocurrencies should be classified under international law of trade and foreign investment law. The hypothesis is that categorising cryptocurrencies as goods, services, or capital presents challenges in applying traditional international law of trade and foreign investment frameworks. The World Trade Organization, as the most critical component of the international trade regime, lacks explicit rules related to cryptocurrencies. Applying the principles of the national treatment and the most favoured nation within this framework to cryptocurrency-based transactions will encounter obstacles. One of the most significant challenges in classifying cryptocurrencies as foreign capital is determining whether these assets meet the requirements for such classification, regardless of their origin. If cryptocurrencies can be considered securities or telecommunications services, they may be included under the scope of the World Trade Organization's legal system. Additionally, investing in technology such as distributed ledger using cryptocurrencies, purchasing company shares with cryptocurrency, buying equipment for investment purposes, or acquiring AI tokens could all be examples of capital under general investment treaties.

Metaverse is a 3D virtual world where users can communicate with each other through avatars. This digital world affects many aspects of the real world and involves many sciences with many challenges. In this regard, legal science also faces many legal issues despite the existence of the metaverse. Regardless of the various legal challenges related to the Metaverse, One of the critical issues is how to protect children's rights in the metaverse adequately. Although this virtual world brings many advantages for children, including the fact that it can be used as an educational platform and interactive environment, it quickly exposes children to various training and skills. However, this technology also creates many disadvantages and risks that make it necessary to pay special attention to children. These include children in this environment being more exposed to cyber harassment or inappropriate content. Despite the necessity of such protection, this research has studied the legal challenges related to the metaverse, especially the impact of this environment on children, with a descriptive and analytical approach. The result of what was investigated became a basis for achieving the research goal, i.e., how to protect children in the metaverse effectively. According to the conclusion of this research, adhering to general legal frameworks and paying attention to specific laws and regulations, benefiting from artificial intelligence and blockchain technology and defining and using special tools can be efficient for the comprehensive Protection of children in the metaverse.

Drones, also referred to as UAVs (Unmanned Aerial Vehicles), are considered the achievement of technological progress. Technological progress and, as a result, the quantitative and equipment expansion of drones has led to an increase in the use of these artificial birds in the two arenas of international peace and armed conflict; Because new technologies are not always positive, but in addition to violating privacy, they may be harmful. The upcoming research is trying to answer the question, what is the approach of international law of human rights and international humanitarian law regarding using drones as a new technology? The current research hypothesises that the principles and rules of international law of human rights and international humanitarian law apply to drones. The present study has been carried out with a descriptive-analytical method based on collecting information using a library method to verify its hypothesis. The current analytical research has proved that drones with informational functions have violated human rights, including the breach of privacy and the violation of personal security. In armed conflict, all principles of international humanitarian law apply to drones, including discrimination, proportionality, caution, necessity and prohibition of suffering.

Patent pools are created to leverage the innovations of other market competitors, reduce production costs, increase product quality, and benefit from collective management. However, the legal and contractual aspects of patent pools are controversial. In this regard, investigating patent pools' legal and contractual status is critical to determine whether existing laws solve common anti-competitive practices or if contract structures need modification. This article specifies that the patent pools of competition and intellectual property rights have similar innovation development goals, but each is a different tool. Patent pools are not inherently anti-competitive, but they are very prone to anti-competitiveness due to the presence and agreement of market competitors. In Iran, the law's silence in determining a framework for patent pool regulations considers concluding contracts based on Article 10 of the Civil Code as a practical solution.

With the rapid development of artificial intelligence (AI), the legal community has raised various views on the civil rights status of intelligent robots. The main question is whether robots can be granted legal personality. In this study, the status of intelligent robots is examined. By examining the physiological elements of the human body, it can be found that intelligent robots do not have the biological elements of real personhood and do not have real personhood and still fall into the domain of objects and are recognised as legal objects and not real persons.This study provides some suggestions by analysing the various views on the status of intelligent robots in civil law and researching the multiple concepts of personality and the constituent elements of real personhood in civil law. To determine what type of legal status can be considered for intelligent robots, the term "intelligent robot personality", especially human-like robots, is compared with the elements of personality. Based on the results of this comparison, it is found that intelligent robots do not have real and legal personality and cannot be included in the definitions of real and legal personality defined in civil law when determining legal status. Therefore, it is suggested that product liability law be used in this regard.