https://www.jocl.ir/ Journal of Cyber Law (JOCL) en daily 1 Fri, 20 Feb 2026 00:00:00 +0330 Fri, 20 Feb 2026 00:00:00 +0330 https://www.jocl.ir/article_242102.html AbstractThe emergence of artificial intelligence as one of the achievements of the digital revolution has provided unparalleled opportunities for transformation in judicial systems. In the meantime, the possibility of using artificial intelligence in the institution of the jury, especially in press and political crimes, is of particular importance. The jury in the Iranian legal system is a representative of public opinion, but it has always faced challenges such as the dispersion of opinions, the influence of fleeting emotions, and human errors. This research uses an analytical-critical approach to examine the feasibility of interacting with and replacing artificial intelligence with the jury. The findings show that artificial intelligence, by utilizing advanced data mining, has the ability to create unity in judicial procedure and reduce unconscious human biases. Although challenges such as the lack of transparency of algorithms (black boxes), ambiguity in responsibility and lack of human empathy are raised, solutions such as the development of "explainable AI", granting limited legal personality and formulating principles of digital ethics make it possible to overcome these obstacles. The results of the research indicate that AI lacking human emotions is not only a defect, but also a guarantee of impartiality and pure logic in the trial. As a result, AI, not as a replacement, but as an efficient assistant, can enhance the efficiency of the jury institution in achieving judicial justice while maintaining the central role of humans. https://www.jocl.ir/article_242115.html Taking step into international spaces is in lieu of taking step in an unknown planet or on the other hand, it is like (similar to) finding ourselves in a virgin and unknown (undiscovered) nature.Since increasingly improvement and development in information and communication technology has also created a Tsunami in human life, today we witness the translation of criminal ideas into special language of virtual space compared to some behaviors of humans which were regarded as traditional some time: Therefore, in addition to committing traditional crimes in new style, cyber space has created a bed for committing its own specific crimes and what has made impossible the study of cyber space without the study of the existence of international spaces, such that it has places (put) cyber space across the international spaces and as fourth space, was the same international common aspect, the sign means their non- jurisdiction (non- authority).Therefore; in this work, it was attempted to answer this question whether the methods of exercising the jurisdiction (authority) in the above- mentioned spaces can be transmitted into cyber space? To answer this question entails scrutiny in presumption principles of three international spaces (Ultra space, South Pole and great seas) and the study of methods of exercising the jurisdiction in this paper. https://www.jocl.ir/article_242806.html The legal examination of the attribution of cyberattacks based on artificial intelligence in the absence of a direct human agent in international law is an emerging and complex issue that has received special attention due to the nature of the technology and its specific technical and legal challenges. In the field of international law, attribution of an act to a specific state or actor is possible when the responsibility of the subject or human agent can be established; however, in automated cyberattacks based on artificial intelligence, the direct lack of a human agent and machine decision-making pose serious ambiguities regarding the extent of responsibility and the method of attribution.Using a descriptive-analytical method, the author has concluded that the method of attributing cyberattacks based on artificial intelligence to states is the main challenge in this field. Under the 2001 draft, the attribution factors in the case of States are the conduct of official organs of the State or of persons acting under the direction or control of the State and their acts are attributable to the State in their official capacity. The unlawful act or omission of organs and representatives of the State will give rise to the international responsibility of the State. In the 2011 draft for international organizations, the attribution of acts to the organization is based on their more limited structure and legal personality and includes conduct carried out by official organs and representatives of the organization, but attention is paid to the structural differences and fewer resources of organizations compared to States. https://www.jocl.ir/article_242118.html The emergence of smart contracts as self-executing programs based on blockchain technology has created fundamental challenges for the application of the principle of good faith in contract law. This article, using a descriptive-analytical method and library resources, examines the scope of good faith in smart contracts across three legal systems: Imamiyyah Jurisprudence, Iranian Law, and European Union Law. The main question is how the obligation to observe good faith, which in traditional law extends to all stages of contractual life, can be applied in contracts based on immutable and self-executing code. The research findings indicate that the European Union, through the adoption of the "Data Act" (2023) and the requirement to provide emergency stop mechanisms and transparency, has taken initial steps toward regulating this phenomenon. In Imamiyyah Jurisprudence, principles such as "lā ḍarar" (no harm), "ghurūr" (deception), "amānah" (trustworthiness), and "khiyār al-ʿayb" (option of defect), as well as attention to the higher objectives of Sharia (maqāṣid al-sharīʿah), provide significant capacity for flexibility against the requirements of smart contracts (Soualhi et al., 2024, p. 8; Yaqin et al., 2026, p. 15). Despite the lack of specific legislation, Iranian law has the possibility of recognizing these contracts by referring to Article 10 of the Civil Code and the Electronic Commerce Law, but there are serious challenges regarding the application of good faith in the stages of negotiation, conclusion, and execution. The article concludes that by utilizing the capacities of Imamiyyah Jurisprudence and the experience of EU law, a native model can be presented for applying the principle of good faith in smart contracts in Iranian law. https://www.jocl.ir/article_242560.html The rapid evolution of digital technologies and the proliferation of content creation and sharing platforms have given rise to new environments for producing and disseminating various forms of visual representations in cyberspace. In some instances, such representations may be criminal or misleading in nature, potentially causing significant harm to public security, individual reputation, and social trust. This study aims to examine and clarify the scope and foundations of platform liability in relation to the dissemination of such content by analyzing both civil and criminal dimensions within the framework of cyber law.To this end, the research first defines the concept and typologies of criminal and misleading visual representations in digital contexts, and subsequently explores the role of platforms as informational intermediaries in the lifecycle of content creation, processing, and distribution. It further investigates the impact of factors such as algorithmic design, content moderation and filtering policies, the platform’s level of awareness of harmful content, and the extent of their economic benefit in determining the boundaries of liability.The findings indicate that, in most legal systems, platform liability is not absolute but contingent upon criteria such as knowledge, effective control, and the degree of active or passive involvement in content dissemination. Accordingly, various approaches have been adopted, including conditional immunity, notice-and-takedown regimes, and fault-based liability models. At the same time, the emergence of advanced technologies—particularly generative artificial intelligence and sophisticated image-generation tools—has significantly increased the complexity of attributing liability and underscored the need to reassess traditional legal doctrines.In conclusion, this study emphasizes the necessity of striking a balance between freedom of expression, digital innovation, and the protection of individual rights, and offers recommendations for the development of more coherent regulatory frameworks, enhanced platform transparency, and strengthened oversight mechanisms. https://www.jocl.ir/article_242117.html The voluntary registration of movable property transactions in notary offices is a new mechanism for facing the challenge of legal security in the circulation of material wealth. This study, using a descriptive-analytical method and a comparative approach, examines the foundations, legal effects, and implementation obstacles of this institution in the two legal systems of Iran and France. The findings show that both systems, by going beyond the traditional rule of "ownership based on dominance" for movable property, have accepted official registration for important instances (such as vehicles, aircraft, and ships) in order to grant advantages such as superior evidentiary power, definitive date, and citation ability against third parties. However, this commonality in goals faces fundamental differences at the implementation level. The French legal system, with its coherent legal support (such as the February 21, 1994 law for automobiles) and integrated digital infrastructure (MIN system), has transformed this institution into a smooth administrative process. In contrast, the Iranian legal system faces profound structural challenges, including fragmentation and ambiguity in laws (Article 22 of the Notary Law and scattered laws), the lack of a unified national system, and a weakness in the general legal culture, which has reduced the efficiency and popularity of this institution. Finally, by analyzing these comparative aspects, this article presents suggestions for Iran at three levels: legislative (drafting a comprehensive law), technological (creating a basic system of property ownership), and cultural (public education). https://www.jocl.ir/article_243383.html The application of artificial intelligence as a tool to support judges’ decision-making in the process of sentencing is considered one of the most controversial contemporary developments in the realm of criminal justice. Among the array of theoretical and practical challenges raised by this development, the “input problem” occupies a central yet relatively underexamined position. This problem, in general, refers to the difficulties related to the collection, selection, and structuring of data that must be used to feed sentencing algorithms. The emergence of this challenge can be attributed, at a minimum, to two fundamental factors: first, the necessity for any recommendation-based algorithm to rely on precise, case-specific, and structured data concerning each criminal case; and second, the inherent complexity of fully and meaningfully representing the reality of the crime, the offender, and the circumstances of its commission in the form of data that are amenable to machine processing. Although the input problem has attracted the attention of researchers since the earliest stages of designing sentencing support systems, the predominant focus of the existing literature has been on its technical or functional aspects, and systematic examination of the ethical dimensions of this problem has largely been neglected. The present article, adopting a descriptive and analytical approach, seeks to fill this theoretical gap. To this end, it first demonstrates that the “input problem” is not a uniform or singular concept and has been understood in the relevant literature through different interpretations. It then analyzes the question of under what conditions and for what reasons each of these interpretations may possess independent ethical significance. Finally, by focusing on the stage of designing and deploying algorithms in criminal courts, the article offers proposals aimed at reducing the undesirable consequences arising from the complexity of the input stage.