Behzad Pour Seyyed
Mahdi Esmaeili
Abstract
Terrorism is a phenomenon that has been challenging the security of many countries throughout the history, particularly in the last decade, and inflicted irreversible losses. One of the most important plans of all countries, particularly those that are victims of the terrorism, is to punish the terrorists. ...
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Terrorism is a phenomenon that has been challenging the security of many countries throughout the history, particularly in the last decade, and inflicted irreversible losses. One of the most important plans of all countries, particularly those that are victims of the terrorism, is to punish the terrorists. According to statute of the International Criminal Court (ICC), the task of investigating this crime lies outside of the jurisdiction of ICC, and rests upon the governments. Countries that are victims of terrorism, such as Iran, use their criminal jurisdiction in an attempt to punish the perpetrators of the terrorist events. By accepting the principle of individual jurisdiction, Iran has taken important steps towards fighting against this heinous crime. The method that Iran has adopted for handling this crime is totally different from those adopted for the other crimes. This method is among the internal laws such as Iranian aviation and maritime laws.
Alireza Bariklou; Seyed Ali Khazaee
Abstract
Governing the good faith principle in the pre- contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and ...
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Governing the good faith principle in the pre- contractual period, would lead to important consequences. This principle requires that the parties cooperate with full sincerity and effort transparency and transfer information in the preliminary stage of negotiation for reaching to the joint goal, and also preserve the confidential information confidentiality and not doing parallel negotiations, so they meet the interest of each other. The Iranian positive law has not any specified Act in the acceptation of the said principle as a general rule. Although, it is possible to use the criteria of Article 8 of civil liability law and other provisions, to proof the binding of observance the good faith in the execution of all rights and obligations in all stages including pre -contractual stage , but this manner is not satisfying the legal community in accepting this principle as a general rule. By considering the social and economic necessities therefore the Iranian law should accept this principle clearly.
Mojtaba Hemmati
Mohammad Mehdi Saghian
Hossein Badamchi
Volume 66, Issue 39 , March 2002, , Pages 105-117
Public Law
Hamid Bahremand; Amirkia Ameri Sani; Azar Farahmand; Amirhosein Hajizadeh
Abstract
Legal policy-making that borrows problem-based and interdisciplinary approaches from public policy aims to solve problems in the legal system. Dispersed judicial decisions in courts are a problem in the Islamic Republic of Iran’s legal system that has not been considered in a problem-based manner, ...
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Legal policy-making that borrows problem-based and interdisciplinary approaches from public policy aims to solve problems in the legal system. Dispersed judicial decisions in courts are a problem in the Islamic Republic of Iran’s legal system that has not been considered in a problem-based manner, and no attempts have been made to solve it effectively. There are various causes for dispersed judicial decisions, but ambiguous rules are the most important. This paper provides two suggestions to prevent ratifying vague rules that drive dispersed judicial decisions by applying a descriptive and analytical method using library resources. The first suggestion is to use explanatory notes within the Iranian legal system to enhance the understanding of legislator purposes and goals for making a particular law as a substitute for the unpublished detailed negotiations held by parliament representatives. The second suggestion, inspired by economic and policy labs, is to establish a “Judicial laboratory” for analyzing the judges’ inference from the draft of the law in a quasi-real environment, before ratification, to reduce the gap between lawmaking and implementation.
Hassan Mohseni; Amirhossein Reazeinejad
Abstract
Relationship between morality and law is a priori. Ethics also applies in to adjudication. Non-determination raise legal question to moral one so there is no difference between substantial and formal rules in regard of incertitude. Judge should find the most moralist interpretation in case of without ...
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Relationship between morality and law is a priori. Ethics also applies in to adjudication. Non-determination raise legal question to moral one so there is no difference between substantial and formal rules in regard of incertitude. Judge should find the most moralist interpretation in case of without notice recorded voice’s credibility; A decision that can preserve its justifiability and his judgment’s equitability. In our opinion, it is the force of morality that requires moral decision; a force in nature of moral element that direct judicial review to it.
Criminal Law
Hasan Poorbaferani
Abstract
In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established ...
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In criminal proceedings, the victim is also entitled to certain rights that are at times not only not at variance with the rights of the accused, but are rather common to both parties. One such right, which is the cornerstone of a fair trial, is the right to a hearing by a competent court established by law and to have a qualified attorney familiar with due process present. The other right is the independence and impartiality of the court and the timeliness of the hearing. The safeguarding of these rights both in relation to the accused and the plaintiff is imperative, for failure to do so shall undermine public trust in the legal system with dire consequences. The main question of this paper is whether the fair trial criteria, particularly the ones mentioned above, are satisfied in the case of medical malpractice victims in Iran’s current criminal law. To find a conclusive answer to this research question, the present paper shall apply the three criteria of hearing by a competent court, independence and impartiality of the court, and hearing within a reasonable time to medical malpractice cases in Iran.
Private Law
Parviz Bagheri
Abstract
“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange ...
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“Green court” is a new procedure mechanism on the ground of less paper usage that has a significant role in investigating the cases of the courts. In other words, electronic procedure, by the use of Information and Communication Technology (ICT), and with the aim of availability and exchange of information is a mechanism that arranges between the courts and beneficiary parties in the cases of the courts. This mechanism can promote the job satisfactory of judges, staff and parties. Mechanisms such as VCS, QMS, CMC and CAP are among the ways used by the legal system of many countries such as Malaysia, while the Iranian legal system has been partly failed to utilize such mechanisms. The present research through critical analysis method, tries to compare the two Iranian and Malaysian legal systems in using the e-court and legally scrutinizes the existed and future challenges of the green court application and gives some commentaries and suggestions.
Private Law
Mahdi Hasanzadeh
Abstract
The addition of the clause of "by oath of defendant" in Article 197 C.P.C. (Approved in 1379) raised questions, doubts, and discussions about the possibility or impossibility of issuing a sentence of acquittance of defendant without his oath, in cases of failure to provide evidence and not requesting ...
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The addition of the clause of "by oath of defendant" in Article 197 C.P.C. (Approved in 1379) raised questions, doubts, and discussions about the possibility or impossibility of issuing a sentence of acquittance of defendant without his oath, in cases of failure to provide evidence and not requesting the oath by the claimant, as well as the power or omission of the judge to swear defendant without asking. The analysis of this article requires the study of the subject in jurisprudence and the study of the viewpoint of the jurists. In jurisprudence, the issuance of verdict in favor of the defendant was not permitted solely on the basis of practical principles, including the principle of innocence, in cases of failure to provide evidence or requesting the oath by the claimant, and also the swearing of the defendant without the applicant's request. In the analysis of Article 197 C.P.C. it is necessary to provide an interpretation that does not contradict this article with jurisprudence and what is known as certain among the jurists.
Private Law
Ehsan Bahrami; Sayyed Amin Pishnamaz; Amir Zare
Abstract
The claim is considered against the defendant when the court can consider the judgment against the defendant, assuming that the plaintiff's claim is true. This statement is effective in a lawsuit with the same respondent and defendant. However, its effectiveness in the claim against the deceased is questionable; ...
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The claim is considered against the defendant when the court can consider the judgment against the defendant, assuming that the plaintiff's claim is true. This statement is effective in a lawsuit with the same respondent and defendant. However, its effectiveness in the claim against the deceased is questionable; because in this claim, the plaintiff's claim is against the deceased and the defendant is a person other than the deceased, ie his heir. Hence, the question is «how can we identify the claim against the heir in such a lawsuit?» In this article, an attempt is made to provide an answer to this question by the library and field methods. In this regard, by searching the opinions of Shia’h Jurisprudents, it is observed that they have considered some conditions necessary for the claim against the heir. In this article, while reviewing these views, which have been discussed below regarding the conditions for taking the oath to the heir, the hypothesis is strengthened and proved that the relationship between the conditions for being the claim against the heir and the conditions for taking the oath to him is general and peculiar in some respects meaning that by proving three conditions including death, remaining the estate, and the inheritance relationship between the decedent and the defendant, the claim is against the heir. In Iranian law, in addition to accepting the need to prove the foregoing conditions to be the claim against the heir, an inheritance certificate as a way to detect the death and the relationship of inheritance between the deceased and the defendant and the rules on acceptance and non-repudiation of inheritance as a way to detect remaining of the estate is identifiable.
Private Law
Mohsen Esmaili; Mahdi Abbasi Sarmadi
Abstract
AbstractThe conflict resolution rules pertaining to determination of applicable law on the subjects of intellectual property law including copyright are seriously challenged by the advent of Internet. This is because of much increase in the possibility of misuse from copyrighted works and also infringement ...
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AbstractThe conflict resolution rules pertaining to determination of applicable law on the subjects of intellectual property law including copyright are seriously challenged by the advent of Internet. This is because of much increase in the possibility of misuse from copyrighted works and also infringement of the creator’s rights around the world due to the spread of Internet use. The specific nature of intellectual property and the domination of the principle of territoriality as well as the diversity of these rights and lack of internationally accepted conflict resolution rules specific to intellectual property law lead to numerous different problems for the courts in each of the different countries of the world. Hence, in order to achieve the most effective rules of conflict resolutions in this field and particularly in relation to solving the problems caused by Internet, existing laws and regulations were studied using documentary method. The findings of this research indicate that the closest connection rule which is raised and supported by modern academic approaches such as the system designed by American Law Institute can be useful and effective in confronting the challenges and limitations of intellectual property law both in theoretical and practical aspects.
Private Law
Hassan Badini; mojtaba baneshi
Abstract
Currently members transplantation is one of the important ways to treat diseases. According to basic beliefs, The body is only a respectable collection of mysterious nature, But with scientific advances, Human comprehended the importance of the body and its members for use in medical research and medical ...
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Currently members transplantation is one of the important ways to treat diseases. According to basic beliefs, The body is only a respectable collection of mysterious nature, But with scientific advances, Human comprehended the importance of the body and its members for use in medical research and medical applications. Hence the identification of the right of possession for man, In order to prevent the body from being wasted, The main motivation of the theorists In the field of studies, it is about the relationship between man and his body. But talk about human ownership on his body , It has always been associated with ethical, religious and cultural challenges. From this point of view, Theories such as” labur Theory”, Has been raised in Western law. Along with the theory body for body,whith aim of solving problems and compensate the lack of labur theory would be render for the first time. according to body for body theory ,Use of the human body, is an essential component of research in the field of health. And this necessity is completely new and the lack of a historical record of the acquisition of man in his body, Cannot ignore such right. Because the basis of human knowledge changes over generation. So there is no infinite logic and what did not need yesterday, Can be needed today.Research methodology: this research in terms of purpose is functional and in terms of type is qualitative and in terms of how to collect is librarian, and is based on on-line sourses.
Public Law
zahra Bidar; ebrahim abdipour
Abstract
The general principles and rules of public economic law indicate how the government intervenes in the economy and its evolution towards redefining the regulatory role of the government. Studying the indicators of judicial supervision in the field of economic regulation of the government requires reviewing ...
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The general principles and rules of public economic law indicate how the government intervenes in the economy and its evolution towards redefining the regulatory role of the government. Studying the indicators of judicial supervision in the field of economic regulation of the government requires reviewing the procedure of the General Assembly of the Court of Administrative Justice and extracting the mentioned principles. The purpose of this descriptive-analytical study is to reach the conclusion that the principles accepted by the Court of Administrative Justice in this area and how they are crystallized in the practice of this institution. The findings of this study show that the principle of protection of private property, the principle of freedom of trade and industry, the principle of equality, the principle of competition and the principle of proportionality are among the principles that are explicitly and implicitly documented based on their legal principles in Iranian law. The annulment of government regulations by the General Assembly of the Court of Administrative Justice falls within the scope of public economic law.
International Law
Alireza deyhim; Sadegh Bashire; Savalan Mohamadzadeh
Abstract
the concerns and challenges for Iran to accede to the Convention for the Suppression of the Financing of Terrorism (CFT),eventually led to accession using the reservation. But among the reservations of Iran, there is a very general reservation that its legal status needs to be discussed. Therefore, the ...
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the concerns and challenges for Iran to accede to the Convention for the Suppression of the Financing of Terrorism (CFT),eventually led to accession using the reservation. But among the reservations of Iran, there is a very general reservation that its legal status needs to be discussed. Therefore, the main question of the present article is whether the general reservation entered into the CFT by Iran is invalid according to international law or not, and if the answer is positive, what effect will this invalidity have on the situation of Iran's accession? This article with the descriptive-analytical method and library tools, especially by examining the available documents, concludes that the general reservation of Iran as one of the examples of reservations contrary to the purpose and subject of the treaty is invalid. On the other hand, In general and given the CFT's silence on this issue, the invalidity of the reservations does not invalidate the accession. In other words, based on the current provisions of international law and the existing practice, invalid reservations, including the general reservation , do not invalidate the accession and on the other hand, against the will and consent of Iran and without considering its reservations which are considered invalid for any reason, It is not possible to consider this country committed to the entire convention. Especially, since the authority and mechanism for achieving certain invalid reservations have not been set, and the issue is reduced to the agreement or opposition of other parties in establishing a treaty between them and Iran. Despite this gap in the provisions of international law and the discussed convention, although Iran can join the CFT by maintaining its invalid general reservation, such a reservation will face the implementation of the convention with challenge, which necessitates the revision of the said reservation.
Hassan Savari; Mehriar Rashedi
Abstract
One of the significant achievements of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) was the conclusion of the General Agreement on Trade in Services (GATS). With the introduction of the General Agreement on Trade in Services, which entered into force on 1 January 1995, trade ...
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One of the significant achievements of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) was the conclusion of the General Agreement on Trade in Services (GATS). With the introduction of the General Agreement on Trade in Services, which entered into force on 1 January 1995, trade in services was added to the world trade order, which had previously been applicable only to goods. This first multilateral agreement in this field sets up several general obligations and a system of so-called specific commitments. One of the specific commitments is National Treatment obligation. The National Treatment obligation which is found in Article XVII of the GATS, provides that imported services or service suppliers are to be treated no less favorably than domestically like services or service suppliers. The national treatment obligation and market access are the specific commitments and scheduled according to the bound sector and modes of supply of services. Specific commitments are recorded in the schedule of specific commitments and constitute an integral part of the GATS. The National Treatment obligation which is found in Article XVII of the GATS, provides that imported services or service suppliers are to be treated no less favorably than domestically like services or service suppliers. Apart from the general exceptions to the obligations under the GATS contained in Articles XIV and XIV bis, the national treatment obligation is subject to a number of other exceptions are scattered across the GATS and will be discussed separately in this study.
Criminal Law
Hassan Poorbafrani; asghar ahmadi; Javad Pouladi
Abstract
Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, ...
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Regarding to acceptance of criminal responsibility of legal Persons and punishment determination for these Persons in Islamic Penal Code (IPC) approved in 2013. This question arises how to execute plurality of crime rules towards guilty legal persons similar to real persons. Answering to this question, on hand is simple and on the other hand is difficult. It is simple since criminal responsibility of legal persons in Iranian Criminal Law has been accepted and also the real persons do not have distinctive character to allocate the concurrence rule for them. It is difficult since acceptance of criminal responsibility in Iranian Criminal Law is still young and transition from humanist look of Islamic Criminal Law to the persons, brings many challenges in the way of applying plurality of crime rules to the legal persons. On of the most important Challenges provided at article 20 of the criminal code is integration and extraneous nature of the legal persons punishment. These challenges put an stable obstacle in the way of execution of constructive plurality of crime rules. In addition to mentioned above, in accordance with article 134 of the criminal code related to the legal persons, execution of real plurality of crime rules has been met challenges such as not determination of aggravated punishment and then severity punishment and prosecutor’s authority in determination of tow punishment for legal persons. Above challenges would be made impossible execution of real plurality of crime rules on legal persons similar to real persons.
Private Law
Ali Eslamipanah; kamel taqizadeh
Abstract
As the emergence of the internet has brought a lot in all scientific and practical positive aspects, with the possibility of accessing intellectual property rights, it has created challenges in this field. One of the common examples of violation of these rights has been the phenomena ...
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As the emergence of the internet has brought a lot in all scientific and practical positive aspects, with the possibility of accessing intellectual property rights, it has created challenges in this field. One of the common examples of violation of these rights has been the phenomena of cybersquatting, which the authors of this article should know by examining the methods and has raised the central question of legal ways to resolve the dispute caused by that. In the present research, first by descriptive method, the concepts of trademark, domain name, and cybersquatting have been defined. Then, with a method of analysis and comparison, the process of hearing this category of claims in the WIPO Mediation and Arbitration Center with references to the Uniform Domain Name Dispute Resolution Policy (icon), it has been examined and compared with the existing methods in some national and regional law systems.The findings of this research will reveal while the principle of the jurisdiction of the courts is universal, and there is no doubt about the possibility of litigation in the national judiciary, still, the disadvantages of such a method, such as the choice of the competent authority, the rule of law, and the execution of verdicts, have always led the parties to the arbitration. In this regard, the UDRP rules contain rules for dealing with such claims that many countries have tried to settle disputes arising out of the registration of a domain that is contrary to the rights of the trademark owner by localizing its rules; The United Kingdom, Australia, and ASEAN members, among others, have different approaches.
Private Law
Mostafa Elsan; MohammadReza Manouchehri; sajad mazloumi
Abstract
Detention of a convicted person in a civil case is considered an exceptional subject. In the Iranian legal system, it is applied as a last resort for a situation where the convict is not willing to execute the convictions in any way and no property is found from him. The jurists - and following them ...
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Detention of a convicted person in a civil case is considered an exceptional subject. In the Iranian legal system, it is applied as a last resort for a situation where the convict is not willing to execute the convictions in any way and no property is found from him. The jurists - and following them the Iranian legal system - have always been cautious in this regard and the legislator is under different assumptions such as filing a petition for insolvency or finding property of the convict, and denies his/her detention. In this paper, we examine the conditions and challenges to the detention of a convicted person in civil matters and we will discuss the legal and practical problems of the issue. Rare cases in which the possibility of detaining a convicted person is not explicitly stated by law, including arbitral awards, foreign awards, restoration of executive operations and the impossibility of enforcing an objective award, are examined in this article, relying on judicial procedure and practical problems.
Criminal Law
Mahdi Samaei; Mohammad Jfar Habibzadeh; Rahim Nobahar
Abstract
Judges have both considerable power and discretion in exercising it. Given the power and discretion, the personality of the judge is essential. Especially in hard cases, the "who is the judge" is no less important than the "what is the law". If the law is in the hands of a virtuous judge, it is more ...
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Judges have both considerable power and discretion in exercising it. Given the power and discretion, the personality of the judge is essential. Especially in hard cases, the "who is the judge" is no less important than the "what is the law". If the law is in the hands of a virtuous judge, it is more likely that his judicial power and discretion will lead to justice and fairness. Therefore the virtue approach to judicial judgment is important. The most important judicial virtues are: lawfulness, legal intelligence, judicial wisdom, courage, temperance, impartiality, independence, incorruptibility, judicial skill, justice, and compassion. An essential advantage of the virtue approach to judicial judgment is that it is compatible with the Islamic jurisprudential tradition. Thus, a rich dialogue can be established between modern virtue theory and the Islamic jurisprudential tradition. In the present article, while outlining the theoretical foundations, the application of the virtue approach in "judicial selection" is examined.
Private Law
Ehsan Bahramy; Mostafa Elsan
Abstract
In order to defend a frivolous claim, the defendant may suffer from numerous fees such as litigation and expertise costs, attorney's fees, etc. One of the important questions is whether the demand for such fees caused by a frivolous claim is subject to proving the plaintiff's negligence or bad faith. ...
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In order to defend a frivolous claim, the defendant may suffer from numerous fees such as litigation and expertise costs, attorney's fees, etc. One of the important questions is whether the demand for such fees caused by a frivolous claim is subject to proving the plaintiff's negligence or bad faith. In response, the Iranian Law situation is not very clear; Because according to Article 109 of the Civil Procedure Code, the security for costs order for frivolous claims, which is considered one of the ways to fee-shifting, is not subject to proving the plaintiff's negligence or bad faith. On the other hand, according to Article 515 of this Code, demanding fees from the plaintiff is generally subject to proving his bad faith. Along with the study of American Federal Law, resolving this ambiguity and conflict is the subject of this article. In this article, after explaining the concept of a frivolous claim, it is concluded that identifying the plaintiff's negligence (not his bad faith) is necessary for demanding fees caused by frivolous claims. In order to identify the plaintiff's negligence, some points must be considered: firstly, the negligence is identified according to the circumstances of the lawsuit. Secondly, the negligence of the pro se litigant or unrepresented party is measured by comparing him with the reasonable one and the negligence of the lawyer is measured by comparing him with the reasonable lawyer. Thirdly, as a rule, the pro se litigant or unrepresented party may not be considered negligent for filing a claim without a legal basis.
mohammad norozei; Abdolreza Javan Jafari; Seyed Mehdi Seyedzadeh Sani
Abstract
Although the sensitive task of security establishment is entrusted to the law enforcement agencies by the citizens, in emergency situations they could undertake this essential role. Subsection (1) of Article 45 of the Criminal procedure is an obvious example of citizen participation in the formation ...
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Although the sensitive task of security establishment is entrusted to the law enforcement agencies by the citizens, in emergency situations they could undertake this essential role. Subsection (1) of Article 45 of the Criminal procedure is an obvious example of citizen participation in the formation of public safety. Accordingly, citizens would assume the law officers task in arresting suspects who have committed crimes that are punishable by death penalty, life imprisonment, amputation and intentional bodily harms with half of the full blood price, Tazir grade Three and above, if they are committed the way that is referred to as witnessed. Therefore, every individual is entitled to apprehend wrongdoers. Of course, this kind of legislation is not far from criticism and ambiguity, because the legislator failed to make clear the legal terms of necessary prerequisites before, during and after the arrest. This could give rise to the deprivation of civil liberties, irregularities and undue interference in privacy. The aim of this writing is to investigate the frameworks of necessary conditions that must be followed in these procedures. Theoretical and comparative studies suggest that despite of the establishment of these institutions in the Iranian legal system, necessary rules and procedures in protecting rights of citizens and suspects are ambiguous.
Public Law
mohsen dehghan; vali rostami
Abstract
Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of ...
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Legal System of government debts recovery from individualsAbstractThe very important component of efficient and comprehensive components in all countries legal systems and due to that in Islamic Republic of Iran legal system is the prediction of effectiveness enforcement in concern to performance of law which governed by authority jurisdiction. For this purpose the rules that enact in the field of government recovery depts. Has its particular principles and rules, which distinguished it from other common enforcement. While these jurisdictional judgments and quasi- judicial which resulting to individuals debts to government how in enforceable and recoverable then place and validity of discussed rules and other related issues such as obstacles and available solutions for recovery of government debts are subjects that will be discussed in this article. Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.Keywords:” government”,”enforcement of orders”, “debts recovery”,” legal entities of public law”,” ministry and government institutions”.
Public Law
Baqer Ansari
Abstract
Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content ...
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Individuals' access to the internet is one of the current debates at international and national levels from economic, cultural, social, political and legal perspectives. From a legal perspective, the main question is that: "is the access to the internet an individual right?" if so: "what is its content and how can it be protected and realised?" This article, based on the desk research method, by studying international and regional instruments and interpretations, national legislative administrative and judicial practices and legal scholars' viewpoints, has concluded that the existence of this right is known as the dominant view but, its content still remains disputable. Nevertheless, the right to connect to the Internet, the principle of neutrality, the right to anonymity, the right to use encryption technology and the right to secure and transparent Internet can be recognized as the main elements of this right. Also, this right is mainly formal and structural in nature. In other words, it's about the principle of Internet access, not the content that is exchanged as a result of access.
