Examining the rule of law approaches to filtering in cyberspace with crises and social threats

Document Type : Research Paper

Authors

1 Department of Public Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

2 Director of Public Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran.

3 Faculty of Public Law, Shahid Beheshti University, Tehran, Iran

Abstract

The rule of law is one of the most important concepts of public law that has been widely welcomed in recent decades in legal, political and even social circles. Sovereignty in real space is easier to realize and identify, while in cyberspace, due to features such as intangible and electronic, as well as the incomprehensibility of the element of time and place, the realization of sovereignty in its conventional form is not possible. In general, there are three approaches to the rule of law in cyberspace, and how to apply and realize it is different and challenging due to the existential and nature characteristics of cyberspace in different societies. Iran is no exception to this rule, and the rule of law has led to social tensions and crises.
The present study is quantitative in terms of applied purpose, quantitative in terms of data nature and survey in terms of method. Although the research issue is not limited to a specific spatial field and is related to the macro-management structures of the country, but its statistical population is the elites, experts and experts of legal organizations related to the research topic in Hamadan province. The research tool, in addition to library resources, was a researcher-made questionnaire whose validity and reliability were assessed and confirmed using Cronbach's alpha test. The findings showed that there is a relationship between traditional (legal), new or non-legal and legal approaches based on filtering and reforming the technical structure of the Internet to reduce crises and social threats. In other words, legal approaches and the rule of law in cyberspace reduce sociall tensions and crises, both in terms of time and procedure.

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