نشریه مطالعات حقوقی فضای مجازی
سال دوم شماره 4 (پیاپی 8، زمستان 1402)

Nowadays, virtual space has become an inseparable part of people's lives, and with a rapid speed, it has affected all aspects of life. Technological revolution, influenced the freedom of expression in such a modern way that the development of radio and television had never done. This revolution revealed new manifestations of freedom of expression. With new developments in this field, gradually, cultural participation in various fields of the society became more prominent and the relations that were done in limited formats became bolder and more noticeable. However, the possibility to control and make restrictions in different types of communication also became more evident. Such Control that is done mainly through governmental mechanisms and opposition to the free exchange of information has entered a new stage with emergence of the social networks. Censorship, filtering and monitoring of the data and content, and progress in interception methods of correspondence and conversations in such networks have increased in line with the epidemic of these networks. In the present research, while attempting at referring to the freedom of information circulation in the virtual space, the role of the Supreme Council of Cyber Space in explicitation of the laws governing the cyberspace has been examined.

The purpose of this research is to provide a partial epistemology of the effects of social networks on divergence of people's tolerance threshold in the atmosphere of anti-security disturbances. Through the present research paper, we try to explain the subject with a descriptive and analytical approach by analyzing data through documentary and library research methodology. Through this research we will be searching for a logical answer to these questions: what are the effective factors in the emergence of the situation of divergence of the social and political tolerance threshold of the people? and, how their actions could be addressed in the form of crimes against public security could be discussed and explained? In explaining the answer, the research findings guide us as follows: Based on the approaches of criminal psychology and the important principles of general criminal law, there should be a difference between emotional protesters and organized and purposeful opponents of governments with a correct understanding of the crisis and its management. In this state of social turmoil, the role of the media as doubling factors in aggravating the social crises and crimes against public security, as the enemy's executive arm, is truly undeniable. As a result, it is necessary to employ a cultural approach in dealing with the ordinary protesters while considering them as reformers and sympathizers and differentiating them with the organized agents and also to take into consideration a third, and of course the main, factor which account for the main part and liability of such turbulences who have to be held liable proportionate to their share before the judicial system.

Undoubtedly, Internet Broadcasting is one of the cost-effective and inclusive methods for content sharing. One of the characteristics of internet broadcasting is that the content is available to the audience without being saved. Since many copyright-protected works are transmitted through the internet, it has created issues with regard to the literary and artistic property rights. Among the challenging issues is the issue of protection of the internet broadcasting right, which has always been a matter of dispute between the supporters and opponents of such protection. Internet broadcasting rights protection has always been one of the topics discussed in the meetings for drafting the new treaty for the support of broadcasting organizations. The present article, considering all the mentioned issues, constitutes an attempt at answering the basic question of whether it is possible to protect internet broadcasting as is done with regard to the radio and television broadcasting. Furthermore, protecting the creator's rights against the internet broadcasting technology and considering the right of internet broadcasting for the creator are the issues that need to be studied and evaluated to clarify their current status and condition. The present study, while explaining the nature of internet broadcasting technology and comparing it with the radio and television broadcasting and considering the international documents and domestic laws of some countries, evaluates how the internet broadcasting technology is envisaged under the literary and artistic property rights system.

SummaryToday examining the principles and basis of crime survey based on criminal statistics is a quantitative method of crime prevention in cyber spaces. Which exists as the black figure of crime, the use of survey methods (victim-oriented survey and offender-oriented survey) has been identified as a model at the national and international level and plays an important role in the criminal policy of countries in the prevention of cyberspace crimes. In terms of practical purpose and in terms of the type of research, this is a descriptive-analytical research that was collected and analyzed using library sources. There are effective solutions in this field, and the use of survey methods in the thinking and criminal policy of each country is very important, and the implementation of a well-considered, efficient and preventive criminal policy, which is one of the concerns of the statesmen in the implementation of security and justice, helps a lot and reduces the crime rate. In cyberspace, which is an unknown world, it helps a lot. The results of this study show that survey principles can reduce the attraction of targets in the cyber environment by using the teachings of cyber criminology and various social and situational preventions through public education. and other regulatory measures to deal with and prevent in the cyberspace, and the survey of crimes as a knowledge about the type of crime, the number of crimes, the age, gender, and judicial records of cybercriminals gives useful information.

In line with regulating the the virtual space with the purpose of taking advantage of its capabilities and preventing its threats and damages, numerous laws and documents have been enacted, various legal structures have been formed, extensive budgets have been allocated and significant measures have been taken, but overall, the expected goals have not been realized and the desired results and effectiveness have not been observed. Therefore, this article as an analytical-descriptive research, using with the method of library collection, attempts at finding the answer to the question that what are the gaps, problems or shortcomings that cause the relevant laws and measures to be ineffective or even ineffective and the virtual space not to be duly and appropriately regulated and organized and has resulted in continuation of disorder and chaos? The conducting of this research is a step towards the pathological review of the programs, laws, approaches, priorities and costs and will lead to the effective reorganization of capacities. It will also strengthen hope and motivation in the group of responsible and responsible agents, as the lack of such research will open the way for the continuation of wasting financial and human resources and carrying out fruitless actions. The findings of the research show that the challenges of: "not regulating and organizing the national information network", "not using smart filtering", "weakness of the internal media messaging applications", "problems and obstacles to the effectiveness of the Shahkar system", "freedom of circulation of VPNs and lack of effective actions against the with offending blogs and websites", "lack of foresight regarding the problems of virtual numbers", "Lack of control of domestically produced videos", "inconsistency of the bodies in legislation and implementation and lack of a central management headquarters ", and "the predominance of negation approaches over affrimative approaches in the organization of virtual space" have caused the continuation of disorder, the failure to control the social harms and its spread. In this research, the suggested operational and practical solutions for getting out of the current situation have been explained.

Nowadays, economic and commercial relations are not limited to the borders of one country and different countries of the world play significant roles in meeting each other's needs where banking relations have inevitably crossed borders and become international. Despite the variety, international bank payments follow a common rule in their being a requirement of many social and economic activities. From paying the costs of education abroad to large payments made in large design and construction projects by multinational companies or international trade, all are subject to the issue of the international payments for which the banking systems have allocated various tools out of which the parties have to choose one. Despite such fact, there have been problems in the past as obstacles to the international payments, which still exist in many countries of the world. This article seeks to answer a main question: what are the instances and obstacles of the international bank payments? In this regard, the qualitative method of documentary analysis has been used to conduct the research, and to collect the data, note-taking tool has been used based on different resources. First, we will take a look at the definitions and conceptual framework of the international bank payments. Later, the tools of international bank payments, the obstacles in international payments and finally the competent court and the ruling law to resolve disputes caused by international bank payments will be discussed.