كليدواژه :
اختلال در امنيت شبكههاي اجتماعي , نظم , مسئوليت , ايجادكنندگان محتوا , متصديان حمل و نقل محتوا , امنيت واسطههاي اينترنتي , فضاي مجازي , معيار تقصير
چكيده لاتين :
Disruption of social network security through cyberspace activity is a very probable phenomenon today. The vastness and availability of cyberspace for many people around the world has enabled this space to allow the harmful behaviors committed in it to easily lead to damage, loss and disorder in the lives of others. In particular, the activities of content creators and operators in cyberspace can involve significant losses to others. The creators and operators of content transportation in cyberspace under the name of Internet intermediaries are today one of the most important cyberspace activists whose civil liability resulting from their activities and actions has received more and more attention. Although in general, two general theories have been presented to explain their civil liability, which are: fault theory and risk theory, but it seems that cyberspace law in our country is still the traditional principle of fault in the analysis of civil liability of creators and operators. and content citation is adhered to in cyberspace. In the present study, the principles and examples of responsibility, order and security of content creators and operators in cyberspace have been studied and studied.
Importance and necessity
Suffice it to say that the importance of such research is related to the main question in law, which is to justify the use of the obligatory power of the state against free and autonomous persons and persons in relation to each other; This is a question that is also a kind of political and moral philosophy. In particular, the recognition of the public and private spheres and the rights and freedoms that help shape them are sometimes at odds with other values, such as security, which is the prerogative of state authority and, consequently, criminal law. This means that the pursuit of public and private interests sometimes conflicts with other values. Sometimes there is even a conflict between the values and interests associated with each of these two areas. For example, the absolute protection of the right to privacy and privacy may harm part of the process of free flow of information that requires the existence of a public domain separate from the state, and vice versa, the government violates the privacy and free flow of information under the pretext of security.
In the Iranian legal and governing system, no institution or executive body accepts the responsibility of formulating the do's and don'ts of cyberspace; Therefore, content control and monitoring is confused between organizations, institutions and ministries and there is no legal accountability.
Inventing a new doctrine that regulates the legal system with cyberspace, because with the significant growth of information technology, we are witnessing the transformation of all human activities and interactions in society. Social service; Economic, health, political using new technologies to create legal; Therefore, it is necessary for the legal elites to formulate new legal do's and don'ts with a technical and engineering view in order to increase the security of this space, if we do not do this, no one will be able to do business, study, research and even have fun.
Methodology: This research has been done by descriptive-analytical method and qualitative application. First, according to the existing approaches in the field of content transportation and its optimal monitoring in the past years and consulting with field officials, recognizing the current situation and understanding the existing gaps, dimensions and components of research, identify and study this field technically and for case elements. The study was performed and the required goals and perspective were drawn, which resulted in providing a legal solution to control and monitor the creators and operators of content transportation in cyberspace and formulate their responsibilities, which ultimately led to the recognition of the main structure required for this issue. شد.
General Findings: The activities of content creators and operators in cyberspace can involve significant losses compared to others. The creators and operators of content transportation in cyberspace under the name of Internet intermediaries are today among the most important cyberspace activists whose civil liability resulting from their activities and actions has received more and more attention; Therefore, a written description of the laws in this area needs to be developed to improve performance, identify responsibilities, and provide superior oversight.
Conclusion: In most of the legal systems of the world, electronic intermediaries are not responsible for monitoring and controlling the content. In the first way, in different countries of the world, monitoring and spying on content is a reprehensible practice and contrary to the general rules of society. Electronic intermediaries that are responsible for transporting content in cyberspace, according to Articles 24 and 25 of the ICCPR and other general and special laws and regulations, are only responsible for the transmission and storage of personal data and control over the content and information exchanged. They do not have it unless they are aware that the content is illegal and that they have a definite responsibility. Undoubtedly, those who act as intermediaries in the work are not responsible. In the Iranian legal system, content transport operators, such as real estate consultants and brokers, are considered trustworthy and are to blame if they are at fault; Therefore, according to Article 1 of the Civil Liability Law, electronic intermediaries that are responsible for carrying the content are responsible for their actions and must be compensated if they fail or are found to be at fault. In other words, the civil liability of intermediaries is referred to as liability arising from precautionary blame. The real and physical world of publishers plays the role of electronic intermediaries, and conversely, in cyberspace, publishers must have 100% control over what they publish. In other words, there are other do's and don'ts in cyberspace, and if intermediaries and site administrators can or are allowed to review and listen
