حق دسترسی به اطلاعات در بستر فضای مجازی در نظام حقوقی ایران و آمریکا (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
حق دسترسی به آزادی اطلاعات در فضای مجازی، مسئله ای مهم در دنیای مدرن است که تحت تأثیر نظام حقوقی هر کشور قرار دارد. در ایران و آمریکا، نظام حقوقی با تأثیر مستقیم در دسترسی به آزادی اطلاعات در فضای مجازی، به دو صورت متفاوت عمل می کند. این مقاله با تأکید بر این موضوع که در دنیای مدرن، تضمین آزادی اطلاعات در بستر مجازی به منزله یکی از اصول مهم حقوق بشر و حقوق مدنی مدنظر بسیاری از کشورها قرار گرفته و همچنین تعامل با این فضا چالش هایی را در نظام حقوقی کشورها ایجاد کرده، به دقت بررسی شده است. مطالعه تطبیقی حاصل از این پژوهش، که با روش توصیفی نگارش شده، نشان دهنده آن است که در حق دسترسی به آزادی اطلاعات در فضای مجازی، تفاوت های چشمگیری بین ایران و آمریکا وجود دارد. در آمریکا، آزادی بیان به منزله یک ارزش اساسی، در فضای مجازی تأمین شده است و در دسترسی به اطلاعات کمترین محدودیت ها وجود دارد. در ایران، قوانین و مقررات با ملاحظات بیشتری برای نظارت و کنترل بر فضای مجازی اجرا می شود و برخی وبسایت ها و شبکه های اجتماعی فیلتر شده اند. آینده حق دسترسی به آزادی اطلاعات در فضای مجازی بی شک به توسعه فنّاوری ها و تغییرات در نظام حقوقی هر کشور بستگی دارد. با توجه به اهمیت روزافزون این موضوع، توسعه سیاست ها و تصویب مقررات مناسب برای مدیریت این فضا و تضمین حقوق افراد امری ضروری است.Access to information in the context of virtual space in the legal system of Iran and United States
Access to freedom of information in cyberspace is an important issue in the modern world, which is influenced by the legal system of each country. In Iran and United States, the legal system works in two different ways with a direct effect on the access to freedom of information in cyber space. This article emphasizes that in the modern world ensuring the freedom of information in the cyberspace as one of the important principles of human rights and civil rights has been the focus of many countries and the legal system of each country should be improved and regulated with this attention. A comparative study from this research written with a descriptive method it showed that there are significant differences between Iran and United states in accessing freedom of information in cyber space. In United States, freedom of expression is secured as a fundamental value in cyberspace and there are minimal restrictions on access to information. In Iran, laws and regulations are implemented with more considerations to monitor and control the virtual space, and some websites and social networks are filtered. The future of access to freedom of information in cyber space definitely depends on the development of technologies and changes in the legal system of each country. Due to the increasing importance of this issue, it is necessary to develop policies and pass appropriate regulations to manage this space and guarantee people's rights. Keywords: Information, Cyberspace, Supreme Cyberspace Council, Federal Communications Commission 1. Introduction In the process of identifying examples of public rights of citizens, the concept of free flow of information means that all information in the possession of governments and government institutions is in principle public and should only be disclosed for legal reasons, such as privacy or security. did. Therefore, access to the right to access information in cyberspace is one of the most important issues in today's world. The more the quantity and quality of information accessible to citizens increases, the more inclusive democracy and participation will be. With the advancement of information and communication technology, the Internet is considered as a unique source of up-to-date and extensive information. But along with these unique facilities, interacting with this space has also encountered challenges and limitations. In this context, the comparative study of "access to freedom of information in cyberspace with a focus on Iran and America" can be very important. Iran and America, as two countries with different cyberspace environments, have different rules and restrictions for accessing information and different restrictions for their users. In Iran, access to some internet resources and sites is restricted due to legal or political reasons. Filtering and controlling some contents and services is a reality that has been experienced in Iran's virtual space. These restrictions can have a significant effect on the access and freedom of information in Iran. On the other hand, America has provided an internet space with free access for its users by focusing on freedom of speech and media freedom. As one of the technological and media powers in the world, this country enjoys freedom of expression and access to information and experiences fewer restrictions in the virtual space. The comparison of access to freedom of information in these two countries can show significant differences and similarities. This comparison can help us to have a better understanding of the level of freedom of information in cyberspace and also to gain a better understanding of the challenges and issues that exist in this area. Factors such as laws, policies, culture, and the needs of the society in each country can have a significant impact on the access to freedom of information in cyberspace. Therefore, considering that virtual space as an important communication and information platform has a significant impact on many societies, the study of these effects can be a very useful guide for decision makers and policy makers, and the comparative study of these two countries can give us It helps to know better patterns and policies for interaction with virtual space in different societies and as a result, there will be an improvement in access to freedom of information, it will be more free. In this research, we want to examine the factors that affect the access to freedom of information in cyber space. Variables such as laws and policies, the level of education and awareness of society and regulatory institutions can play an important role in accessing information in cyberspace. A comparative study of access to freedom of information in cyberspace with a focus on Iran and America can help us to improve the policies and laws related to this area and strive to ensure more freedom in access to information in cyberspace. . Considering the importance and role of virtual space in today's life, it is very necessary to conduct more research in this field. 2. Methodology In this research, we tried to collect and gather information from the primary sources (including laws, regulations, directives, bylaws, judicial decisions, etc.) and secondary sources (such as books and articles, theses, research reports, related to both Iranian and American legal systems without prejudging.) in scientific research data centers, official and reputable websites, libraries, and similar resources. 3. Results and Discussion In Iran's legal system, the Supreme Council of Cyberspace includes laws and regulations that may lead to restrictions on access to freedom of information. Restrictive policies and active monitoring of cyberspace are quite evident; sometimes, the protection of users' privacy is also associated with limitations. According to Article 2 of the approval of the policies governing the national programs of computer games, the Supreme Council of Cyber Space has obliged the parliament to amend and revise the laws related to the ownership of works and the law of computer crimes. In the United States, in order to monitor cyberspace, several institutions, including the Federal Communications Commission, ICON, and Ayana monitor cyberspace, The Federal Communications Commission has the most in common with the Supreme Council of Cyberspace. The Federal Communications Commission is an independent executive branch agency charged with the oversight of radio and television broadcasting, all interstate communications, and all international communications originating in or destined for the United States. In order to maintain freedom of expression and public access to information, this commission regulates the laws and regulations related to this field. Its performance has had a great impact on access to freedom of information in the United States. Although the Federal Communications Commission is not specifically in the field of monitoring and regulating the Internet or Internet service providers, it does get involved in some Internet issues. In America, councils emphasize freedom of speech and public access to information. Policies and laws to protect freedom of expression and access are outstanding in this country. Also, attention is paid to the privacy and security of users in cyberspace. In this country, unlike Iran, there is a more general approach to freedom of expression in cyberspace, and less surveillance is applied. Monitoring of cyberspace is less than in Iran, and in general, attention is paid to the freedom of cyberspace. 4. Conclusions and Future Research The differences and similarities between the two legal systems of Iran and the United States regarding the freedom of cyberspace Differences: Laws and regulations: In Iran, there are stricter laws to control cyberspace and access to information; While in America, there are fewer restrictions and more freedom to access information, it is seen; But this point should not be overlooked that the all-round development of the Internet and the excessive dependence of America's sensitive infrastructure on information technology has exposed it to all kinds of cyber threats. Policies and systems: In Iran, the Supreme Council of Cyberspace has been established to monitor and control cyberspace; While in America, there is a system focused on maintaining freedom of expression and access to information. Similarities: Monitoring: Both countries try to monitor and respond to suspicious and illegal activities in cyberspace. Protection of privacy: Both countries try to protect the privacy of users in cyberspace and prevent unauthorized intrusion and illegal access to private information. Virtual space, as one of the most important means of transferring and accessing information in the contemporary world, plays a very important role in transferring, exchanging, and accessing information. In this regard, freedom of information in cyberspace is the main principle that helps people to access the information they need. Free access to information is one of the basic elements of democratic governments and the most necessary tool in order to guarantee basic freedoms, including the right to freedom of expression and the right to self-determination. In Iran, access to freedom of information in cyberspace is affected by the regulations set by the government. These regulations can relatively limit different fields of access to information. For example, in Iran, some websites and online resources may be filtered and their access restricted for citizens. Also, people's privacy rights in cyberspace may be determined in such a way that access to citizens' personal information is limited. Due to the fact that many cultural, social, economic, and security threats against the country and the political system are rooted in cyberspace, and the inability to manage public opinion in cyberspace creates various crises. While in America, civil rights and freedom of information are considered fundamental rights and the government should refrain from excessive interference in free access to information. This difference in the legal system has a great impact on the access to freedom of information in both countries. Therefore, one of the important aspects of this discussion is the effect of restrictions on access to freedom of information in cyberspace on the society and culture of each country. In Iran, restrictions on access to information may reduce the spread of ideas and thoughts, ban potentially useful information, and cause problems in cultural development. On the contrary, in America, with the freedom of access to information, it becomes possible to encourage innovation, cultural changes, and more diverse thoughts. To develop access to freedom of information in cyberspace in both countries, measures and solutions can be adopted. In Iran, some developments and changes in laws and regulations related to cyberspace and civil rights can help to some extent to facilitate access to freedom of information. In the United States, it may be necessary to adopt .regulations on privacy issues and strengthen online security to balance access to information in cyberspace
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