نشریه مطالعات حقوقی فضای مجازی
سال دوم شماره 3 (پیاپی 7، پاییز 1402)

Considering the huge changes that have been happening in the field of technology and the various revolutions that we have witnessed in the field of information and communication technology in the last few years, and considering the positive function of this technology, it is sometimes observed that some profit-seeking and opportunistic people try to abuse the users and to create a series of problems by learning and having the necessary skills. The cyber space provides new and highly advanced opportunities for breaking the law, as well as the potential to commit conventional and classic types of crimes in unconventional and very new ways so that the cyber criminals can do whatever they want and have in their mind in this zero and one galaxy. Considering this issue, the present study aims to explain the status of the situational prevention of cybercrimes in the light of the dominant pathology. Through the descriptive and analytical research methodology the current research has reached this important achievement that preventive measures such as restricting or denying access, regulatory measures, licensing measures, anonymizing tools, and encryption can be helpful in situational prevention of crimes in the cyberspace.

The current article revolves around the comparative study of the cryptocurrencies from the perspectives of the contract law and banking law by examining the basics of contract law and banking law and taking into account the validity and credibility of the Cryptocurrencies Code in Iran.  What present paper is in pursuit of is seeking the application of crypto currencies and their validity in contract law and banking law while taking an effective step in acknowledging the rights to deploy the Cryptocurrencies Code in Iranian trade by elaborating on its dimensions. The results reveal that in Iran,  the only law that has been approved on the use cryptocurrency is the approval of the Cabinet dated 06/05/2017 which is in reality based on the Principle 138 of the Constitution of the Islamic Republic of Iran regulated in 6 Articles and 7 Notes. From the perspective of contract law, citing Articles 1 and 2 of the above decree, it can be stated that the use of cryptocurrencies, which is done only by accepting responsibility for risk by traders, is not subject to the support and guarantee of the government and the banking system, and that its use is not permitted in domestic transactions. It needs mentioning that under the mentioned content, the only exception is the case of extracting encrypted processing products whereby mining has been allowed with the permission of the Ministry of Industry, Mines and Trade. In banking law, the use of the cryptocurrencies and the amount of its supply is done solely by the Central Bank of Iran and are totally subject to the laws and regulations of the Islamic Republic of Iran.

Nowadays the cyberspace acts as a double-edged sword in all social realities and, therefore, it can be regarded either as an opportunity or as a threat. If the government does not follow a clear plan, it can easily distort its healthy and competitive environment in some special events such as elections. In this research we aim to take a documented and substantiated look at the issue with the purpose of helping in preventions of election crimes and damages. With a descriptive and analytical approach and through the documentary methodology by using library and internet data, in this article we seek to find an answer to the question of what is the role of cyberspace in the indirect management of elections and that how the election crimes and violations caused by the same could be countered with. According to the authors, the role of cyberspace in the hidden management with destructive approaches of election violations and crimes is undeniable and that the solutions such as: defining the cultural code of professional ethics of election campaigns in cyberspace, considering the time of the election as an aggravating factor of electoral crimes in cyberspace and, finally, the comprehensive election law and its consolidation for more accurate monitoring etc. are among the solutions to reduce such threats.

Forensic linguistics is defined as the study and analysis of language in the legal field, which is introduced as a relatively new field compared to syntax, phonetics, semantics, phonology and other branches of linguistics. This branch is the link between linguistics and law, which is also related to fields such as semantics, pragmatics, discourse analysis, stylistics and vocabulary. In this branch, linguistic knowledge, analysis and methodology are also applied in legal and criminological situations, and without proper understanding of its current and future status, it is impossible to work in this field. Considering that Iran has small portion of the linguistics market in the cyberspace, solutions are needed with a view to expand it so that the appropriate policies can be developed for the above-mentioned branch. In this article, firstly, the linguistics history, development, importance and application and then its relationship with cyber linguistics are discussed and finally, by examining the harms and challenges of the online space, the current situation and drawing of the ecosystem of cyber linguistics, attempts have been made to explore the related challenges whereby it presents linguistic solutions to face them and that the role of the government in providing a suitable platform for this field is explained.

The dark web is an invisible part of the cyber space like an iceberg floating in the ocean, only the tip of which is visible and main and threatening part of the same invisible to the authorities. The first challenge of the dark web is the impossibility of identifying it in order to apply preventive measures as such that the issue of prevention, cyber threat, is behind the veil of ambiguity. The uncontrollability and lack of environmental boundaries is another challenge for crime prevention in the dark web. Finally, the arrangement of suitable solutions for this environment is proposed as the third aspect of crime prevention challenges. Using library and internet resources, this article tries to deal with the challenges of crime prevention on the dark web from the perspective of the prevention platform, the issue of prevention, and the preventive solutions. The results of the research reveals that the possibility of applying preventive measures in the form of intervening in situations that cause crime in the deep web is ruled out and that the use of defensive strategies to minimize cyber threats and focus on social preventive and early preventive measures instead of situational prevention is what that needs to be considered.

The development of international cyber law has always been accompanied by difficulties. Although security and fighting crimes arising from this space require collective efforts of governments, and the indivisibility of security in this space is one of its most important features but,  little progress has been made to regularize the cyberspace. The center of gravity and the focal point of international activities to systematize activities in the cyber field is the United Nations. In the meantime, the resolution proposed by the Russian Federation to the First Committee of the General Assembly has been one of the most important efforts to regularize this space in the last two decades which, indeed, is subject of the present article. In this resolution, the role of science and technology in the context of international security and the dual military and civilian use of cyber space are stipulated. The normative approach of this resolution and the legal performance of the main actors towards this resolution is the opinion of the article. This article is considered to be exploratory-developmental in terms of its central goal, which aims at producing and developing knowledge by examining the subject and analyzing the content of all resolutions and monitoring the process of these documents. The approach followed by this research is inductive. In terms of methodology, this research follows the documentary and evidence-based research methodology based on the documents of the United Nations. The findings of this research confirm that the dominance of the company-centric approach instead of the governance-centric approach to the cyberspace on the one hand and the minimalist outlook of the big cyber powers to the role of the United Nations to regularize the cyber space as well as the lack of effective role of the UN are among the main reasons for the functional weakness of the United Nations to regularize the cyberspace.