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Showing 9 results for Cyberspace


Volume 1, Issue 2 (11-2021)
Abstract

Abstract
The insistence on using the word illegitimate relationship on behaviors such as sending photos, videos or text between men and women in cyberspace, has led to misunderstanding the behavior and the criminate or incriminate of this behavior under sec. 637 of Islamic Penal Code Act 2013, while the actus reus of such behavior is different. A correct perception of the actus reus is always a behavior that leads us to the mens rea and whether or not it is a crime. The mere use of the word illegitimate relationship to send text, video and photos between a man and a woman cannot be a reason to impose a tough religious penalty with a tougher penalty on a mere virtual behavior. This misconduct can affect other audiences as well. In fact, the actus reus of such behavior is out of sec. 637 and it is subject to sec. 14 of the Computer Crimes Act.
   This research has been formed by descriptive-analytical method and using library resources, with the aim of examining the nature and material element of the virtual illicit relationship and correctly identifying its legal element so that heterogeneous behavior is not included among the examples of sec. 637; At the same time, the principles and rules of law, exemption and jurisdiction principles should not be violated.
 
Keywords: Actus Reus, Mens Rea, Illegitimate Relationship, Cyberspace.
 

Volume 2, Issue 1 (7-2021)
Abstract

Introduction:
Cities, as the main areas of human life, consist of components and elements such as open and public spaces. Today, advances in digital technology in various fields, including public spaces, have had a tremendous impact.
Aim:
The purpose of this study is to address the impact and effects that cyberspace has on public spaces and their presence.
Materials and Method:
Based on its objectives, the research is fundamental and is in the category of descriptive and explanatory-analytical studies. After reviewing the basics related to smart city and public spaces by referring to valid documents and texts, the impact of cyberspace on urban public spaces has been considered and according to the criteria of presence in space, 100 questionnaires of Tehran citizens have been completed and analyzed.
Findings:
Findings show that most people use cyberspace as a stimulus and tool to be in public and not as a competitor to not be in public. However, this trajectory in Iran is close to the average because some people (older or with special characteristics) still use cyberspace and the mentioned technologies in a more limited way.
Results:
The results show that cyberspace serves citizens as a stimulus to increase their presence in public spaces. Therefore, it is necessary for urban planners to try to improve services and use cyberspace and technology as a tool to facilitate the presence in cyberspace.

Volume 4, Issue 3 (12-2022)
Abstract

The issue of territorial claims of countries in cyberspace, which is done with the aim of extending territorial sovereignty from real geography to cyberspace, can have different dimensions from a legal point of view. Because a diverse range of national, non-national, private actors, public institutions and citizens are present in cyberspace, each of which pursues its own interests in this space, and the efforts of each to exercise sovereignty in this space can lead to the reaction of other actors and legally complicates the issue of governance and governance of cyberspace. For the author of this article, this issue became a research issue worthy of attention and provided the ground for him to study the various dimensions of this issue with the help of the literature in the knowledge of international law. To achieve this goal in this study, in the first step, an attempt will be made to use the concept of customary international trade law to assess the issue of legal interaction across national borders and territorial sovereignty of countries and then will try to investigate this issue that which factors do affect the exercise of sovereignty in cyberspace by different countries?. In the following, by examining these factors, the legal consequences of countries territorial claims in cyberspace will be examined, and this issue will also be discussed that what consequences will ultimately have the territorial claims which cause the conflict of interests in cyberspace from the perspective of international law?
Tahereh Miremadi,
Volume 17, Issue 1 (3-2010)
Abstract

This paper aims to probe the nature of possible responses to the actions taken by certain foreign companies to unilaterally terminate their services to the Iranian public and private Internet service providers. The paper examines specifically the procedural aspects of the issue and concludes that due to the lack of the biased nature of relationship between sysops and Internet users and the absence of an effective international body, it is highly unlikely that any legal action could bring about desired results. The paper, in the end, suggests some other non legal strategies as topics for the future research.

Volume 20, Issue 2 (8-2016)
Abstract

One of the areas of industrial property, which is most affected by developments of the borderless cyberspace, is trademarks area in which many challenges related to various fields such as territoriality principle, domain names, keywords and linking have been raised.As a result, the infringement of trademark owner's exclusive rights has been made easier. Many of these challenges, especially in the U.S. law, are considered as trademark infringement or at least trademark dilution to which the legislators have payed special attention. Even in the U.S. , case law has gone beyond and, in order to deal with the challenges, has put forward two innovative doctrines, namely "Nominative Fair Use" and "Initial Interest Confusion". The results of this study show that, in the Iranian Act on the Registration of Inventions, Industrial Designs and Trademarks, only the owner's rights infringement is sanctioned, which does not cover cases such as trademark dilution.Also and the important topic of fair use, which is necessary in cyberspace, has not been dealt with. Therefore, a reform of law is felt well.

Volume 23, Issue 3 (9-2019)
Abstract

The basis of conflict rules in over the border claims is the principle of the places nearness. In this regard, the law governing the form and nature of contractual claims is the law that has the closest spatial relationship to the dispute contracts. This principle has been clarified in the rules of conflict of laws, in the form of an exemplified titled "The Law of Place of Contract", "The Law of Place of Execution of the Commitment", and "The Law of adjusting the Contract".
All above mentioned instances are as the material manifestations of the place relationship factors, which requires identifying and enforcing them, determining the place to rely on these examples. Although, in cyberspace, where there is no any specified place, how is it possible to determine the conflict solution rules governing on form and nature of electronic contracts by these communication factors? Furthermore, what law is governing on these types of contracts?
The effects of this challenge are evident in the electronic contractual system; because making the rules of competency for the place in private international rights, as well as the elements of power and legitimacy of cyberspace in public international rights, have been challenged. Hence,  to be global and placeless natures of cyberspace are as the basis of conflict resolution rules in electronic contracts; substantially, they have challenged private international rights. Basically, what approach have legislators adopted for this challenge? Is there a separate legal system for electronic contracts?
Private international law should have a worthwhile response in the conflict resolution phase of electronic contracts; besides, it should preset the ground for the unification of these rules. This matter has led to making reaction of governments and even judicial procedures domestically and internationally. These reactions can be studied in the field of legislation in the mode and form of
electronic contracts rules as well as the rules of laws conflict resolution. The purpose of this paper is to discuse how the private international rights deal with these challenges?

 

Volume 27, Issue 1 (12-2023)
Abstract

Personal data, as one of the key concepts in the field of personal data protection legislation, is defined in the General Data Protection Regulation as any information relating to an identified or identifiable natural person. Identifying a person directly or indirectly may be through data content or the purpose of data processing or the effect of data processing on the person. In EU law, to determine whether a natural person can be identified through data processing, all means that are reasonably likely to be used by the controller or processor must be taken into account, and to ensure whether there is a reasonable possibility to determine whether a natural person is present or not, all objective factors must be considered, such as the cost and time required for identification and the technology available at the time of processing. Based on the criterion of identifiability, data that may potentially lead to the identification of a person in the future is also covered by the law; such a standard can create the necessary dynamics in the laws. Iran's legislator has differentiated in the protection of private and non-private data and has limited compliance with processing rules to the first category, but the approach of the draft data protection bill has similarities with European Union and has provided broader protection, however, it needs to be amended by adding the criterion of identification to the legal definition, as well as the protection of the data of the deceased.
 

Volume 27, Issue 2 (7-2020)
Abstract

Sexual harassment of women has irreparable effects and consequences. Unfortunately, little research has been conducted on the consequences of sexual harassment in cyberspace, which has similar or often different types of sexual offences occurring in the real world. Therefore, the present study aims to investigate the outcome of women's sexual annoyance, the needs of these victims in cyberspace.  This is a qualitative research based on a descriptive-analytic method. The data gathering tools include: 1. Documents (criminal court and police cases) and 2. Semi-structured interviews. It also uses snowball sampling which is a statistical population of women and girls who were sexually abused or exploited in cyberspace. In this study, a total of 30 alleged victims were selected through interviews. The findings indicate that the victims of sexual harassment in cyberspace such as the victims of real space suffered both physical and financial losses as well as psychological effects (stress, anxiety, suicide, fluency...) due to conditions and features of the environment and offenders. In accordance with the severity of crimes, the victims are in needs of a series of medical, psychological and material cure as well as legal counseling such as information and details on such crimes. Finally, this research proposes the participation of a majority of social, legal and civil institutions in order to compensate for victims’ ordeal, their needs and rights. 

Volume 30, Issue 4 (6-2024)
Abstract

In recent years, the publication of literary works in digital space and virtual networks - which we named as virtual literature - is increasing and expanding. This type of literature takes on a new color every day with the invention of new communication, information and multimedia technologies and therefore has special features. Due to the change in the context and method in virtual space, literary works are presented in terms of features, elements and literary genres, different from written and traditional literature. This article seeks to use the argumentative method after describing the facts in the virtual literature paradigm to provide the necessary reasons for measuring this hypothesis based on scientific theories: "Virtual literature as a new theory in the digital age." It has characteristics, elements and genres that distinguish it from written and traditional literature." The results of this research indicate that in virtual literature, virtual poetry or hyper poetry and in prose, hypertext fiction are used more than other types of literature and have a prominent place in multimedia literary productions.
 

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