نوع مقاله : مقاله پژوهشی
نویسنده
استادیار دانشکدۀ علوم انسانی، دانشگاه حضرت معصومه، قم، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Today, the Internet is considered the best tool for speed and price. These advantages have caused a significant part of communication and information to be stored and transmitted in this space. However, the open nature of the network has paved the way for various people to enter so that they can quickly check data and control people without a warrant from a judicial authority. These concerns at the world level have caused increasing measures to be established in the laws of countries and international documents to prevent this and protect people's privacy. Law enforcement, network service providers or other people can violate this privacy. During the proceedings, judicial authorities and bailiffs may attempt to violate this privacy under the pretext of discovering a crime and finding a reason, so it is necessary to anticipate the mechanisms required in this field. With these explanations, the main question of this research is to what extent will the general rules of criminal procedure regarding protecting the privacy of information and communications in cyberspace be responsive to how the prosecution authorities deal with the investigation? This research investigates the current situation and expresses the gaps using library sources and looking at international laws and documents. According to the findings of the study, there is a high possibility of information and communication privacy violations by the investigating authorities in the judicial process, and despite the provision of defensible measures in the computer crimes law and the electronic commerce law, there are still deficiencies in some areas; Therefore, it is suggested to adopt measures such as using artificial intelligence and biometrics in this regard.
کلیدواژهها [English]
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