Private Law
sajad askari
Abstract
The present paper seeks to examine the concept of currency in the Iranian legal system and to explain its conceptual relation to what is today known as cryptocurrency or virtual currency. Understanding this conceptual ratio will be important because if the concept of currency is to be applied to cryptocurrencies, ...
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The present paper seeks to examine the concept of currency in the Iranian legal system and to explain its conceptual relation to what is today known as cryptocurrency or virtual currency. Understanding this conceptual ratio will be important because if the concept of currency is to be applied to cryptocurrencies, cryptocurrency transactions will also be subject to legal provisions relating to unauthorized currency transactions, such as prohibition of trading without authorization from the central bank.This paper has analyzed analytically and using library resources that none of the elements of the Iranian legislature's definition of currency include "being money", "being common" and "being foreign". Does not conform to cryptocurrencies. The conceptual relationship of the two is legally a divisive one; Therefore, in the current situation, transfers of what is known as cryptocurrencies will not be subject to currency transfer laws and prohibitions. The freedom of cryptocurrency trading and the prohibition of partial currency trading are undermined by the economic unity of the two.
Information Technology Rights
Javad Salehi
Abstract
Overseas criminal investigations in Cloud Computing and its data users face limitations stemming from the principle of territorial sovereignty and the principle of non-interference in foreign state affairs. But the United States is trying to pass these restrictions on domestic law by passing and enforcing ...
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Overseas criminal investigations in Cloud Computing and its data users face limitations stemming from the principle of territorial sovereignty and the principle of non-interference in foreign state affairs. But the United States is trying to pass these restrictions on domestic law by passing and enforcing CLOUD Act after failing in the Microsoft case. This is an experience that its achievements are facing other countries to avoid its negative dimensions. So investigating the legal aspects of the CLOUD Act, from function to its achievements and defections in overseas criminal investigations into cloud of technology companies, is the subject and purpose of this paper, which has been dealt with in a descriptive-analytical and critical approach. The main research question is, "what are the function and achievements of the CLOUD Act in the criminal justice system of the United States and other states in conducting overseas criminal investigations in Cloud Computing and its defections?" Research findings indicate that the CLOUD Act nevertheless directs the United States to its primary goal of accessing the stored data of the Cloud user in data center overseas. But access to data of Cloud Computing user in these circumstances is also affected by the disregard of the restrictions arising from the principle of territorial sovereignty and the principle of non-interference in foreign state affairs, which this time was justified in the domestic law stature but not permitted and accepted due to a violation of Cloud Computing user privacy restrictions.
Information Technology Rights
leila raisi; flore ghassemzadeh liyasi
Abstract
Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish ...
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Development of information and communications technology and new functions of the cyber space have affected the right to privacy and they could be more harm ahead, due to faster searching, more access to data, and lack of correct organization of the cyber space. Therefor governments should establish an effective legal system by reforming the laws and regulations as well as creating special methods. The current research using an analytical-descriptive method is looking for the challenges which the Iranian legal system is facing, to prevent the violation of the privacy and personal data in cyber space. The findings of the research show that although the policy makers have an attention to the rights of the citizens, and could be assessed positively, but some challenges still remain. In order to remove these challenges, the government should enact appropriate and effective laws and regulations suitable for cyber space requirements. In enacting such laws and regulations, international human rights rules and international documents and norms need to be considered.
