The Islamic Revolution Approach

The Islamic Revolution Approach

Utilizing the capabilities of citizen rights to deal with crimes against national security in cyberspace

Document Type : Original Article

Author
PhD student in private law, Central Tehran Branch, Islamic Azad University, Tehran, Iran.
Abstract
National security and related crimes are an important part of the concern of any political system, which has gained new dimensions due to the expansion of cyber space. Security is the bedrock of any society's growth, and people have always used all their material and spiritual tools and resources to achieve it, and with this motive, they have formed a government. The need for security is the most basic human need after physical needs, and it is only by having security that individual and collective growth and advancement can be realized. For this reason, important concepts such as national security, citizens' security, and security in political, social, cultural and economic dimensions, etc., have cast a shadow on the literature of international relations. National security is a multi-dimensional concept, complex and has different elements and signs that every political system from the point of view of ideology, constitution and attitude of political leaders towards the people, the political systems in the world and the international system, has a special perception of it has Several definitions of national security have been presented, most of which classical definitions refer to the absence of war and military threats against a country or the protection of borders from physical threats. This means that national security is achieved when a country can maintain its basic values while avoiding war. But over time and with the change in the ways of realizing security and the expansion and multiplication of threats, new definitions of national security have been presented, which have paid more attention to the civilian aspects and include environmental security, collective security, cyber security, technological security, etc. have presented as new dimensions of national security. This means that if a political system cannot establish cyber security in a good way, it will raise many threats against that country. In this case, defining national security in today's world is a difficult task and requires consideration of time and place and effective tools in providing security on the one hand and ways to provide it in the current situation on the other hand.
In any case, every political system to ensure its national security is faced with tools that can be both threatening and considered an opportunity to promote and strengthen national security. One of these important tools is virtual space. A tool that, with the help of the Internet and communication media, has made cyber and virtual security one of the basic concerns of political systems in the contemporary era. This means that an important part of the threats and opportunities related to national security comes out of cyber space. A simple event in a country, which few people knew about before, quickly spreads in different parts of the world and starts a wave of threats against that country. Specifically, this procedure is also applicable to the system of the Islamic Republic of Iran. Due to the ethnic, religious, linguistic and social diversity of the Iranian society, as well as the specific political procedure that governs the society, there are many threats in cyberspace. Therefore, an important part of these threats seek to create a crisis and threaten national security. This means that by highlighting the existing problems and their permanent plan in the virtual space, they double the social costs of a problem.
Considering the above, dealing with crimes against national security becomes doubly important. However, according to the current research, dealing with threats to national security does not always require a criminal and judicial mechanism, but there are also social, deterrent and citizen role-playing methods that can be used to reduce crimes against national security. Or prevented them from happening. One of these tools is capacity building of citizenship rights. Also, citizenship rights, as one of the influential components in the society, also affects the process of crimes against national security in cyberspace, which is the focus of the present research. The question is, what capacities do citizens' rights have to deal with crimes against national security in cyberspace? In this article, the descriptive and analytical method is chosen as the research method and the data collection tool is library.
Considering these cases and the importance of citizen's rights in dealing with crimes against national security in cyber space, it should be said that the findings of the research have shown that based on the rights of citizens in the constitution and taking into account rights such as freedom, security and the rule of law It is necessary to consider special rights for ethnic and religious groups, to consider legal and legal considerations such as smart filtering to prevent the formation of a second (lawless) government in cyberspace, and also to use the capacity of celebrities to deal with threats and crises. Internal and external. In addition, the results of the research show that based on the use of the capacities of citizens' rights to deal with crimes against national security, we need to consider the three aspects of governance, public and people, and pay attention to the role of specific groups (political and socio-cultural). This means that it is possible to use the capabilities of citizen rights such as security to justify the effective role of the government in smart filtering, dealing with crimes against national security and criminal content as a form of governance. In the next stage, the role of citizens and their participation can be used as a public resource. This means that if cyber citizenship can be considered as an effort for the presence of citizens in a new context, the responsibility of citizens in this field will also undergo changes. Considering the legal participation of citizens in dealing with cyber threats and crimes against national security, "internet patrolling" is necessary to monitor anti-national security activities that even violate principles 24 to 26 of the Constitution of the Islamic Republic of Iran. The design of this solution is due to the compatibility of the solution (cyber citizen internet browsing) with the risks that occur in cyber and virtual space. In other words, threats also require countermeasures of their own kind so that, in addition to the participation of citizens, the dangers caused by crimes against national security can be brought to the attention of legal and judicial authorities as soon as possible.
But the other side of dealing with crimes against national security from the perspective of citizen rights is to ward off potential threats in areas that need more attention due to social and political consequences, which have turned into concrete dangers today thanks to the expansion of cyber space. Therefore, identifying ethnic groups, making their demands and demands in the virtual space and using media capacities is an important measure to create a kind of national cohesion and deal with threats against national interests and security. It means that by linking national and ethnic identity through granting special rights and respecting ethnic plurality and diversity through the right to use the mother tongue for teaching or having a national media to ward off threats against national security. Another measure is to use the capacity and position of reference groups such as celebrities or other reference groups so that they can connect the general public to support the national identity in critical situations. In this way, it should be said that all three aspects of governance measures, public and considering the role of special groups in dealing with crimes against national security are important and vital from the point of view of citizen's rights.The composition.
Keywords

  • Ejtihadi, Mustafa, Ektshafinia, Vahid (2018), Sociological survey of celebrity culture audience on political Instagram, New Media Studies Quarterly, Year 5, Number 20.
  • O'Sullivan, Noel (2008), Political Theory in Transition; Translated by Hasan Ab Niki, Tehran: Kavir Publications.
  • Palizban, Mohsen (2014), Investigation of the relationship between the Internet and the national security of the Islamic Republic of Iran, Politics Quarterly, year 45, number three, pp. 645-635.
  • Tajik, Mohammadreza (2012), Introduction to the National Security Strategy of the Islamic Republic of Iran; Approaches and strategies, Tehran: Farhang Loqman Publishing.
  • Torabi, Mohammad, Mirsalari, Seydayman (1401), Investigation of the influence of celebrities on political and social issues, Quarterly Journal of Political Science, Year 3, Number 9, pp. 1-17.
  • Jafari, Ali, Barjalizadeh, Mohammad (1401), cyberspace and the globalization of security threats, National Security Quarterly, 12th year, 44th issue, pp. 361-396.
  • Jamshidi, Alireza (1390), Participatory criminal policy, Tehran: Mizan Publishing.
  • Jahani-Rad, Hojat-Allah, Khorrami-Alam, Mohsen, Shamakhi, Samad, Elmi, Mohammad (1401), an analysis of the security consequences of the inequality of ethnic opportunities in the Islamic Republic of Iran, Strategic Environmental Quarterly, year 6, number 2, pp. 92-63.
  • Haji Dehabadi, Ahmad, Salimi, Ehsan (2013), Principles of criminalization in cyberspace (with a critical approach to the law of computer crimes)", Majlis and Strategy Quarterly, 21st year, No. 80, pp. 61-89 .
  • Hafez-Nia, Mohammad Reza (2013), Political Geography of Tehran's Virtual Space: Samit Publications.
  • Heydari, Hossein, Shawardi, Tahmineh (2012), virtual social networks and ethnicity; Ahead opportunities and threats, communication research quarterly, 20th year, number 4, pp. 37-64.
  • Dashti, Bita, Afshari, Maryam (2018), Comparative study of cyber crimes in Iran and international law, Comparative Law Research Journal, 3rd year, 4th issue, pp. 83-110.
  • Rostakhiz, Behrouz (2016), Virtual space and ethnic identity campaigns among Baloch civil activists, research project, Research Institute of Culture, Art and Communication, Tehran: Ministry of Culture and Islamic Guidance.
  • Zinali, Amir Hamzeh (2007), Social capital: a platform for the implementation of community-oriented punishments in Iran, Judicial Law Journal, No. 64.
  • Shariatmadari Jazayeri, Nuruddin (1379), Security in Shia Political Jurisprudence, Journal of Political Science, No. 9.
  • Shokri, Mohammad (2019), Prevention of cybercrimes against national security in Iran, Tehran: Qonun Yar Publications.
  • Abbasi Atoui, Mohammad, Babaei-Mehr, Ali, Ghasemi, Dawood (1401), the position of citizens' financial security in the jurisprudence and legal system, Islamic Revolution Approach Quarterly, 16th year, number 58, pp. 213-234.
  • Freeman, Michelle. (1389), "Human Rights", in the book Third World Issues; Politics in the developing world, written by Peter Burnell and Vicky Randall, translated by Ahmad Sa'i and Saeed Mirtrabi, Tehran: Qoms Publishing House.
  • Fahimi Seyuki, Mohammadreza, Pooya, Alireza (2019), news management in using the capacity of celebrities to increase trust in national media news, Communication and Media Interdisciplinary Studies Quarterly, Year 3, Number 3, pp. 70-41.
  • Ghobadi, Alireza (1381), the necessity of people's participation in the fields of culture, from the collection of articles on government, people and convergence, written by Mohsen Fardo and Asghar Rizvani, volume 1, Tehran, published by An.
  • Malkuti, Rasool, Khalilzadeh, Mona (1400), legal solution to ensure cyber security, mass media-media quarterly, year 33, number 1, series 36, pp. 69-99.
  • Mirzaei, Hamid, Shaban-nia Mansour, Mehdi, Gurji Azandriani, Ali-akbar (1400), review of rule of law approaches for applying filtering in cyberspace with crises and social threats, biannual crisis management journal, special issue 2, pp. 28- 15.
  • Naderi, Ahmad, Rustakhiz, Behrouz (2016), Virtual space and ethnic identity campaigns (case study: Baloch intellectuals and civil activists), World Media Journal, Volume 12, Number 2, pp. 130-152.
  • Najafi Abrandabadi, Ali Hossein (2012), People's participation in criminal policy and the role of the media in increasing this participation, summary report of the first training workshop on delinquency and mass media, Participatory Criminal Policy Committee, Tehran: Criminal Policy Development and Penal Law Reform Commission, Supreme Council Judicial development.
  • Nash, Keith (2012), Contemporary Political Sociology; Jahani, Power and Politics, translated by Mohammad Taghi Delfrooz, Tehran: Kavir Publications.
  • Valvi, Saeed, Ahangaran, Mohammad Rasul, Aghaei Bejestani, Maryam (2019), Islamic citizenship rights in the system of the Islamic Republic of Iran with an emphasis on the rule of benevolence, Islamic Revolution Quarterly, year 14, number 51, pp. 24-46.