نشریه حقوق فناوری های نوین
سال پنجم شماره 1 (پیاپی 9، بهار و تابستان 1403)

The Agile principal-based regulation is necessary for adaptation to rapid technology changes. The fast-paced progress in digital technology can be a challenge to traditional regulation which is often process-based and consultative. These challenges require regulatory actions that minimize the risk and while being agile enough to allow research, innovation and technology diffusion to continue. Agile regulation offers advantages such as information capabilities and industry communication improvement, cost reduction and performance and efficiency increase. In this paper, tools for agile governance and regulation are introduced, and some approaches for expanding regulation beyond the governance and the key principles for agile regulation are discussed. Further, the important issues of agile regulation such as joint-up regulation, outcome-focused regulation and international cooperation are discussed and regulation management approaches to ensure suitability for the future. Finally, based on the findings of this research, we propose an agile regulatory framework for Iran. This proposed framework can play an important role in organizing the regulation of the digital economy and determining the connections between its parts.

Today, Iran does not have a comprehensive law regarding digital data protection. The Bill to protect and protect data and personal information based on the General Data Protection Regulation (GDPR) - European Union 2018 - was developed and submitted to the parliament in 2020. This Bill is supposed to eliminate the lack of law in the field of data protection, but it has yet to follow many of the general principles of GDPR and has adopted the opposite position, which is considered to be very detrimental to data subjects. The main question of this research is what are the problems and gaps in the general principles of this plan with an adaptive approach to the general data protection regulations. The present essay, with a descriptive-analytical and inferential method, and by studying recent works and cases in the field of European data protection, aims to show the gaps and significant problems in the designed principles of this project. In short, many articles of the Bill, such as articles 10, 11, 12, and 48, need to be amended and clearly contradict the current legal foundations and relevant laws.

Today, the Internet is considered the best tool for speed and price. These advantages have caused a significant part of communication and information to be stored and transmitted in this space. However, the open nature of the network has paved the way for various people to enter so that they can quickly check data and control people without a warrant from a judicial authority. These concerns at the world level have caused increasing measures to be established in the laws of countries and international documents to prevent this and protect people's privacy. Law enforcement, network service providers or other people can violate this privacy. During the proceedings, judicial authorities and bailiffs may attempt to violate this privacy under the pretext of discovering a crime and finding a reason, so it is necessary to anticipate the mechanisms required in this field. With these explanations, the main question of this research is to what extent will the general rules of criminal procedure regarding protecting the privacy of information and communications in cyberspace be responsive to how the prosecution authorities deal with the investigation? This research investigates the current situation and expresses the gaps using library sources and looking at international laws and documents. According to the findings of the study, there is a high possibility of information and communication privacy violations by the investigating authorities in the judicial process, and despite the provision of defensible measures in the computer crimes law and the electronic commerce law, there are still deficiencies in some areas; Therefore, it is suggested to adopt measures such as using artificial intelligence and biometrics in this regard.

Philosophy of law is a science that examines "law knowledge" and "legal research" with an analytical and rational method. This method of parascientific study is the basis for understanding and explaining the dimensions of that phenomenon. The philosophy of the law of modern technologies is a field of philosophy of law that has made the law of modern technologies the subject and focus of study with an analytical and rational approach. The philosophy of the law of modern technologies is a suitable background for the formation of the geometry of the knowledge of the law of modern technologies and research policy in the fields of legal investigations related to law and technology. Therefore, "Ontology of the Philosophy of Modern Technologies Laws" is the title of research whose main issue is to explain the nature and core of the philosophy of modern technologies laws and to lay the groundwork for the systematic formation of the knowledge of modern technologies laws. The present research, using the criteria and literature of the philosophy of method, has studied conceptually the phenomena created by the philosophy of the law of new analytical technologies and the philosophy of the law of new normative technologies. As in completing the course of the research, from the idea of philosophy as a method to the methodology of the philosophy of the laws of modern technologies and the geography of the problems and the structure of the philosophy of the laws of modern technologies have been investigated. Providing a different understanding of the concept of the word philosophy in parascientific philosophies and the formulation of this knowledge with the initial discourse of Muslim philosophers is one of the outputs of this research. The method of this research is evaluation and analytical judgment.

Nowadays, the use of smart contracts has become widespread in various commercial fields. However, these contracts may also be the subject of many disputes, which must be resolved in a way that is more compatible with the nature of this contract and should be adopted. This article suggests arbitration as a suitable method to resolve these disputes. This present article has been done in an analytical-descriptive way and based on library sources, and it deals with the analysis of different aspects of the use of arbitration in the resolution of smart contract disputes and the challenges facing it. Studies show that what is needed is a fast, cheap, transparent and reliable arbitration structure system that has decentralised jurisdiction in the entire blockchain and provides the final judgment. It seems that using the arbitration method to resolve smart contract disputes will bring speed, trust, transparency, low cost and quick implementation without relying on the government or any intermediaries.

Early Neutral Evaluation (ENE) is a new form of alternative dispute resolution that has demonstrated success in various cases and has proven to be particularly suitable in intellectual property disputes. Due to the special characteristics of intellectual properties, adopting ENE in the early stage of an IP dispute or action has many advantages. The preliminary assessment of a case saves time, money, confidentiality, and other features crucial in IP cases. The ENE provides a frank and candid opinion to the parties about the merits of their claims according to appropriate procedural and substantive law. Special Features of patent, copyright and trademark cases deserve to be solved by the ENE method. In complex issues, a combination of ENE and mediation can work well together to solve disputes and claims appropriately, which is better than judicial and arbitral solutions.

Cryptocurrencies, as one of the most essential products of blockchain technology, have unique and sometimes new features such as distributedness, asymmetric cryptography, and consensus mechanism, and they have a specific mechanism. Despite the widespread acceptance of crypto-currencies in our country, there are significant challenges in advancing their use. According to our country's legal system based on jurisprudence, these challenges can be summarised in the two axes of "not being property" and "being unknown" of cryptocurrencies. In addition, the use of cryptocurrencies inside the country is also prohibited by the approval of the Council of Ministers. To prove that cryptocurrencies are property, on the one hand, the definitions of property from a jurisprudential and legal point of view were discussed. On the other hand, the nature of cryptocurrencies was examined from the point of view of various legal documents and conventions. It was explained that cryptocurrencies can be considered property from a jurisprudential and legal point of view. On the other hand, while explaining the concept of white papers, the criticism that the mechanism governing cryptocurrencies is unknown has been answered. Finally, citing legal evidence, it has been demonstrated that the decision of the Council of Ministers is not strong enough to invalidate the contract in which the currencies were used.

The expansion of technology and innovative methods in financial services has created opportunities and challenges that make its correct legal planning a necessary structure. The diversity of financial services and products, the speed of technological developments and the unknown processes used in the field of financial technologies are the reasons for the inactivity or slowness of legal systems. This is despite the fact that financial technologies, as a global phenomenon, by ignoring legal and financial restrictions, have taken the citizens' financial relationships beyond the traditional legal formats and the limits of the political borders of countries without the need for governmental infrastructures, or the approvals of the central institutions. They all make a new financial ecosystem in contemporary societies. The current research seeks to explain and evaluate the existing approaches in dealing with this complex financial structure using an analytical-comparative study. It then puts forward suggestions that can be proposed in Iran's legal and financial system. The research results show that the effectiveness of regulatory methods depends on minimal intervention and recognition of the independence of financial technology standards. Therefore, having the advantage from the benefits of financial technologies and managing the risks requires a review of the related criteria at both the content and form (instrumental) levels.

The number of elderly people in the world is increasing. According to the World Population Prospects, by 2050, one in six people worldwide will be over 65. At the same time, the world has witnessed the increasing development of digital technology. This process has raised various concerns by human rights activists regarding the existence of bias and prejudices against the capabilities of older adults and, as a result, the lack of attention to their needs in digital literacy. On the other hand, the right to digital literacy has not been explicitly discussed in the framework of international human rights. In this regard, the Secretary General of the United Nations proposed preparing regulations to determine governments' obligations in the digital field. This proposal led to the presentation of the United Nations' recommendations in the age of digital interdependence. Which, despite the existence of some shortcomings, contains the international obligations of governments in the control and monitoring of digital technology. The main subject of this research is to investigate the attention of the recommendation to the right of the elderly to acquire digital literacy and reduce the digital divide in societies. This study used the analytical-descriptive method, using library and internet resources. The findings of this research show that due to the lack of clarity in referring to the right of the elderly to have digital literacy as an independent human right and also emphasising the need for public access to digital services, regardless of different economic and social conditions of the countries and presenting a proposal for the sharing of digital goods, irrespective of the intellectual property rights of the creators of these types of goods, the recommendation would not be successful in achieving its goals.

The discussion of civil liability arising from algorithmic losses - mostly investigated as civil liability of artificial intelligence or liability arising from the use of artificial intelligence is nascent /aborning in the legal literature. thinking algorithms require a special civil liability system in case of losses Due to the unique characteristics of self-learning, randomness, unpredictability and autonomy. The general theory of Opposability can be a guide in such new cases, too. However, having a transparent and pragmatic criterion and standard to compare the harmful algorithm with similar cases to determine its normal operation is associated with challenges. Determining the scope of the concept of reasonable algorithms, in terms of their unknown nature and inherent complexities, needs to be investigated. By examining the existing obstacles, this research pursues the re-examination of reasonable algorithms with a mixture criterion: A standard that creates incentives for technological and innovative spaces, compensates for the damage, improves the safety level of algorithms and realises the appropriate flexibility to face new generations of technology. Rereading the Opposability theory (causality customary) in the field of algorithms with conventional and reasonable efficiency, as well as adapting this general theory in dealing with the losses arising from the use of thinking algorithms, is the main result of ​​the authors' efforts in this article

The discussion of civil liability arising from algorithmic losses - which is mostly investigated as civil liability of artificial intelligence or liability arising from the use of artificial intelligence is nascent /aborning in the legal literature. Thinking algorithms require a special civil liability system in case of losses due to the unique characteristics of self-learning, randomness, unpredictability and autonomy. The general theory of Opposability can be a guide in such new cases, too. However, having a transparent and pragmatic criterion and standard to compare the harmful algorithm with similar cases to determine its normal operation is associated with challenges. Determining the scope of the concept of reasonable algorithms, in terms of their unknown nature and inherent complexities, needs to be investigated. By examining the existing obstacles, this research pursues the re-examination of reasonable algorithms with a mixture criterion: A standard that creates incentives for technological and innovative spaces, compensates for the damage, improves the safety level of algorithms and realises the appropriate flexibility to face new generations of technology. Rereading the Opposability theory (causality customary) in the field of algorithms with conventional and reasonable efficiency, as well as adapting this general theory in dealing with the losses arising from the use of thinking algorithms, is the main result of ​​the authors' efforts in this article.

Today, the development of renewable energy is generally admitted as a solution to tackle global warming and climate change. However, without attracting substantial foreign investments, it will be nearly impossible to develop renewable energies, particularly in developing countries that do not have the required financial resources and technologies. Unsurprisingly, the promotion of foreign investments in all economic sectors is influenced by International Investment Agreements (IIAs). These instruments contain various substantive and procedural regulations that are individually and collectively responsible for protecting and promoting foreign investments. Among them is the Most Favoured Nation Treatment (MFN), a fundamental principle of international trade law. However, the exact status and efficacy of MFN in IIAs have been a controversial issue so far. Therefore, it is essential to analyse this standard and its possible contribution to promoting foreign investments in renewables. Drawing on qualitative research, this article attempts to answer the question, ‘What is the importance of MFN clauses for the promotion of foreign investments in the renewable energy sector, and how can their efficacy be enhanced?’. Since MFN has a multilateralising effect on the obligations provided in other IIAs signed by the host State, in the absence of provisions to the contrary, it may equip the foreign investors in the renewable energy sector with a broader set of protections and perhaps incentive provisions. However, many IIAs and investor-state tribunals have intermittently overlooked the significance of this standard.

The goal of any legal system is to develop social order and justice for all through solving the disputes of individual members of society. It seems that with the development of new technologies, reaching this goal can be pursued more quickly. The two leading legal systems in the world, the Roman-German legal system with the application of codified regulations and the common law system relying on precedents, are the source of inspiration for many countries' legal systems. In this research, with the look at the experiences of the Chinese judicial system in the use of artificial intelligence, which has been using the descriptive analytical research method and library tools, we are looking for an answer to the question of whether machine learning tool based on finding patterns in similar decisions is used, will the civil law system lose its traditional framework and in some way integrated into the common law system? It seems that the subordinates of the civil law system can achieve convergence with the common law system by maintaining their principles without losing the roots based on civil law.

With the formation and development of the Internet of Things, the smart city has been manifested as an emerging concept that monitors various aspects of human life and intelligent information processing and control systems. A smart city can monitor the physical world and provide smart services for citizens, transform services such as healthcare, transportation, entertainment and energy and make them available to the government in a new way. The technologies used in smart cities raise some concerns and challenges regarding the security and privacy of citizens because applications in smart cities provide a wide range of information related to citizens' privacy. They collect to meet the interests and benefits of the public, but they also have comprehensive control over the city, and naturally, the lives of citizens will be affected by serious supervision and restrictions. In this article, we identified the international and domestic laws and regulations by investigating books and articles and using the available sources. We examined the laws and regulations in international law and Iranian law regarding privacy in smart cities. The study's most important finding is identifying gaps related to this area in Iranian laws and the need for more speed of updating laws at both the international and Iranian levels with the speed of advancement of technologies used in smart cities.

The financing of terrorism is the most critical aspect in the growth of terrorism, and combating the financing of terrorism is the most crucial aspect to eliminating the roots of terrorism. Suppose the actions of governments and international financial and non-financial organisations successfully combat the traditional methods of financing terrorism. In that case, terrorists will move beyond conventional methods and turn to new financial technologies. Due to features such as anonymity, creation of security layers and decentralisation, virtual currencies, especially Bitcoin, are among the financial innovations that criminals, including terrorists, pay attention to for investment and financing. In this article, we will see in a detailed review how Bitcoin, regardless of whether it can be considered a valid currency in the future, by changing the financial systems, has become attractive to illegal networks and can create a revolution in financing terrorism.