Document Type : Original Article
Highlights
The Internet has made a tremendous difference in the lives of people around the world and has become a major element of human life today. Today, the world's dependence on the Internet has increased dramatically. Areas such as communications, education, business, etc. rely heavily on the Internet. The Internet is also a necessary tool for exercising fundamental human rights, such as the right of access to information and the right to freedom of expression. Regulating cyberspace is one of the most important and fundamental issues that always face challenges. Governments have the exclusive right to regulate the Internet in their territory based on the principle of territorial jurisdiction. However, Internet regulatory principles are taking shape that guide national laws in the field of Internet regulation and reduce the absolute authority of the national government in this area. In the international arena, for example, the principles of freedom of expression and freedom of information prevent the use of censorship of Internet access. Hence, this research seeks to provide a model for regulating the Internet based on the fundamental principles that have emerged and are evolving in this field.
The importance of research is due to the fact that the results of these analyzes can be a guide for our country's legislators in regulating Internet-related regulations, as well as the consequences of not paying attention to these principles. The need for research can be justified by the fact that so far the Internet regulatory system in Iran has not been comprehensively examined and criticized in terms of Internet regulatory principles. Therefore, it is necessary to conduct the subject of this research.
The research questions are what principles should guide national legislation regarding cyberspace in the age of the Internet? What is the status of the Internet regulation system in Iran in relation to the basic principles of Internet regulation? The first hypothesis is that the regulation of the Internet should be based on the fundamental principles of international Internet law that have emerged and are evolving. The second hypothesis is that Internet regulation in Iran has some shortcomings compared to the basic principles of Internet regulation.
The research findings show that the Internet is the most important tool for the right to freedom of expression in the current situation, and at the same time it has affected the privacy of individuals. The advent of the Internet has also sparked new debates about how to enforce territorial jurisdiction over Internet regulation and the prosecution of crimes committed in cyberspace. In the way the Internet is regulated, the discussion of government cooperation as well as the participation of other stakeholders is a fundamental solution. The self-regulatory model of cyberspace can even be defended without government intervention. Therefore, five basic principles of Internet regulation were discussed in this study. Thus, the hypothesis of this research proves that the basic principles at the international level in relation to Internet regulation have been formed and are evolving.
The results show that cyberspace regulation in Iran faces shortcomings compared to the basic principles of Internet regulation. Regarding the regulation of privacy in cyberspace in Iran, the e-commerce law and the cybercrime law as the only legal documents on the protection of personal data in cyberspace are not comprehensive. Privacy, as discussed, has many dimensions, while only one specific aspect is protected in these laws. The e-commerce law only protects physical privacy and does not mention other forms of privacy. The Code of Cybercrime protects the privacy of information and communications, but this protection is limited to harm or defamation of the person, which can be challenged in this regard, and therefore this protection must be absolute. Fear of violating the privacy of users in cyberspace causes a tendency to use internal messaging software.
The main gap in cyberspace regulation in Iran is to guarantee the freedom of Internet communication. In this regard, the policy of maximizing Iran's internet restrictions is pursued. The instances of restriction of freedom of expression mentioned in the laws related to cyberspace are very general and vague, and as a result, the discretion of the regulatory body in determining the instances of restriction of freedom of expression has been developed in an unacceptable manner. At present, the Committee on Criminal Cases plays a key role in determining instances of restrictions on liberty, which have a purely governmental structure and should be amended in accordance with other principles.
The concept of stakeholder cooperation is a completely new concept in the field of Internet regulation and has become one of the specific principles of international Internet regulation. In Iran, the Internet regulation model is a completely governmental model through the Supreme Council of Cyberspace without the intervention of other stakeholders.
In order to theorize to draw the desired pattern of Internet regulation in Iran in the light of the basic principles of Internet regulation, the following points are necessary:
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