JOURNAL OF CYBER LAW
Year:2024 | Volume:1 | Issue:2|Papers Count:6

technology, as a novel advancement in artificial intelligence and image processing, has introduced significant legal and criminal challenges by enabling the creation of highly realistic fake images and videos. The main research question of this study is to examine the criminal liability dimensions arising from image identity forgery based on deepfake technology and to analyze the existing legal gaps in this area. The importance of this study stems from the rapid increase in the misuse of emerging technologies, which threatens personal security, social reputation, and public order, thus posing a novel test for the criminal justice system in dealing with cybercrimes. The aim of this article is to clarify the legal foundations of criminal liability for image identity forgery in the context of deepfake and to provide an analytical framework to address legal and practical deficiencies in this field. The research method employed in this article is descriptive-analytical and based on documentary studies, including current laws, judicial precedents, legal theories, and specialized international articles. Findings indicate that the weakness and silence of Iranian criminal laws in defining and punishing crimes resulting from deep fake have created gaps and ambiguities in establishing criminal liability, highlighting the necessity for legal reforms and the utilization of jurisprudential and comparative law capacities. Furthermore, this research innovatively offers an analytical framework based on the integration of criminal law, information technology, and ethics, laying the groundwork for enhancing effective responses to image identity forgery crimes based on deepfake.

Cybercrime in social networks is one of the emerging challenges in the field of law and information technology, which, with the widespread use of virtual spaces and online interactions, poses a serious threat to data security, individuals’ privacy, and public order. The main research question of this study is how the Iranian legal system can effectively address cybercrime in social networks by utilizing domestic laws, judicial practices, and international experiences, and what strategies can be implemented to enhance deterrence and protect citizens’ rights. The necessity of examining this topic arises from the rapid advancement of technology and the pervasive influence of social networks in daily life, which have created multiple legal and judicial complexities and revealed gaps in existing legislation that require detailed analysis and practical solutions. The aim of this article is to provide a comprehensive analysis of the legal framework, judicial practices, and legal doctrine related to cybercrime, while offering reformative and comparative recommendations for lawmakers and courts. The research method in this study is descriptive–analytical and based on documentary review, including the examination of domestic laws, judicial rulings, consultative opinions, and comparison with international regulations. The findings indicate that the Computer Crimes Law, particularly the 2024 amendments, has taken effective steps toward combating unauthorized access and cyber offenses, and the Iranian judiciary has established a framework aligned with the law’s objectives. Additionally, comparative analysis with the legal systems of other countries and international conventions shows that Iran is moving toward harmonization with global standards; however, continuous review and enhancement of laws and regulations, leveraging international experiences, and educating users of virtual spaces are essential for strengthening security and safeguarding citizens’ rights. The innovation of this article lies in providing a comprehensive analysis that simultaneously combines legal, judicial, and comparative dimensions with a focus on practical strategies for combating cybercrime in social networks.

Emerging technologies have brought significant transformations across economic, social, and legal domains, and the advent of artificial intelligence and automation has introduced new opportunities and challenges in the digital landscape. One of the most critical challenges is cyber fraud, particularly phishing, which poses a serious threat to information security and user assets, leading to financial losses and a decline in public trust. This study addresses the question of how the legal system can, by integrating philosophical, legal, ethical, and economic principles, determine liability and preventive measures for frauds based on emerging technologies and fill existing legislative gaps. The importance of this topic stems from the rapid growth of technology and the complexity of cyber fraud methods, which render existing laws insufficient and highlight the necessity of updating and developing comprehensive legal, ethical, and economic frameworks. The aim of this article is to provide a comprehensive analysis of the role of emerging technologies in cyber fraud and to propose legal and managerial strategies to mitigate risks and compensate for damages. The research method is descriptive-analytical and relies on a documentary study of domestic and international legal, philosophical, economic, and scholarly sources. The findings indicate that combining fault-based liability, strict liability, and employer liability, together with preventive regulations and security standards, can provide an effective framework for addressing cybercrime. Moreover, the results show that economic analysis of such crimes and investment in user education and system security can reduce the financial and social impacts of phishing and AI-based fraud. The innovation of this study lies in integrating philosophical, legal, ethical, and economic perspectives to propose a comprehensive framework for managing digital risks and legal responsibility.

With the rapid development of information technologies and the expansion of the Internet, organized cybercrimes, particularly phishing, have become one of the most significant legal and security challenges at the international level. The main research question is how international legal systems can effectively combat organized cybercrimes and sophisticated phishing techniques, and what approaches exist in international laws and agreements for prevention and punishment of such crimes. The necessity of this study arises from the increasing phishing attacks that cause financial losses and threaten the privacy of individuals, corporations, and governments, while legal gaps between countries reduce the effectiveness of countermeasures. The aim of this article is to analyze and review the existing international legal frameworks, identify their weaknesses, and provide suggestions for strengthening legal and operational cooperation among countries. The research method in this article is descriptive–analytical, based on documentary and comparative studies of international instruments, conventions, directives, and judicial practices of various countries. The findings indicate that although several legal tools, including the Budapest Convention and European Union directives, have been designed to combat cybercrimes, their unified and coordinated implementation faces numerous challenges, necessitating enhanced international cooperation, legal updates, and improved technical and judicial capacities. The novelty of this study lies in providing a comprehensive analysis of the integration of legal, judicial, and international cooperation approaches to counter phishing and organized cybercrimes, which can serve as a basis for developing more effective policies in this field

With Big data, as a fundamental pillar of the digital era and knowledge-based economy, plays a central role in the production, processing, and analysis of complex information, and due to its large volume, variety, and high velocity, traditional methods are often insufficient. The main research question of this study is how ownership of data and related responsibilities can be identified and regulated within the framework of intellectual property rights. The importance of this topic lies in the fact that effective utilization of data enables innovation, economic security, and prevention of unauthorized use, while the absence of a comprehensive legal framework can pose a threat to technological development and the digital economy. This article aims to examine and analyze the role of intellectual property rights in protecting data ownership and determining direct and indirect responsibilities arising from the use of big data. The research method is descriptive-analytical and based on documentary and comparative study, analyzing laws, regulations, and relevant practices at national and international levels to identify legal challenges and opportunities for data utilization. The findings indicate that combining intellectual property tools, including copyright, patents, and trade secrets, along with contracts and security technologies, can establish a secure and sustainable legal framework for managing big data. Furthermore, identifying direct and indirect responsibilities of various entities and developing precise protective policies enhances economic security and promotes innovation. The innovation of this study lies in providing an integrated legal–technological solution for lawful and secure utilization of big data, contributing to the development of the digital economy and improvement of data-driven policymaking

Cybercrimes against women have become an emerging and alarming challenge in modern societies, seriously threatening women’s personal, social, and psychological security. The central questions of this study are to what extent existing criminal laws have provided effective protection for women against such crimes, what the main legal gaps and shortcomings are, how Iranian laws compare to international instruments and other legal systems, and finally what solutions can be proposed to address these gaps. The significance of this research arises from the fact that with the expansion of new communication technologies, diverse forms of online harassment and violence against women have appeared, which are difficult to identify and prove in judicial processes. The primary objective of this article is to analyze the legal framework of Iran in addressing these crimes, identify the legal deficiencies, and propose legal, educational, and institutional solutions to strengthen protection mechanisms. The methodology is descriptive–analytical, based on documentary research, the study of domestic legislation, and its comparison with international instruments. Findings indicate that although Iranian criminal law provides some scattered regulations addressing certain forms of cybercrimes, they are general, fragmented, and lack effective enforcement, thereby failing to adequately protect women in cyberspace. Consequently, revising existing laws, precisely criminalizing forms of cyber violence, raising public awareness, and enhancing international cooperation are essential. The novelty of this article lies in addressing fundamental research questions while simultaneously comparing domestic and international legal frameworks and offering practical, applicable solutions to fill the legal gaps.