چکیده:
Some believe that, if we aim to regulate social relations on the Internet, we should simply leave it alone to reach equilibrium; then regulations such as the economy and technical powers will regulate it. However, some oppose leaving this area uncontrolled and believe that problems arising from human relationships cannot be overcome with this approach. It must be subject to legal norms. These norms can either be derived from existing legal traditions or may require the establishment of new rules. Additionally, these norms can be enforced at either domestic or international levels. Because of the connection between criminal and public law issues and the sovereignty of countries, there must definitely be a territorial rule. Furthermore, if we consider dispute resolution to be a role for law, judicial authorities require the determination of judicial and legal jurisdiction in any case. The most effective approach to accomplish this task is to adopt the effect theory and recognition the most relevant action to the legal system.
خلاصه ماشینی:
Keywords: Internet regulation, economic analysis of law, power arising from structure, legal traditions, legislation, effects doctrine 117 Introduction Life today has taken on a different face, and humanity is confronted with various technologies in the fields of communication, environment, artificial intelligence, and so on.
Overall, in the field of the internet, today there are four methods for regulating relations existing in virtual space: law and norm, market and structure.
The technical view considers the subjects of virtual space (custom, political and economic authorities, and technical structure) sufficient for organizing and fulfilling the role of law: First: The economic logic of the market At the beginning of the discussion, we might ask why we manage the internet from an economic perspective?
In fact, their argument is based neither on domestic or international law nor on custom but deals with the specific structure of the internet, especially its technical structure: In the view of proponents of the technical structure of the internet, regulations should be interpreted more broadly and, most importantly, attention should be paid to the legislation that has recently become active with the creation of virtual space in the human world (Lessig, 2009: 5).
1 Consequently, today, while countries disagree regarding the sovereignty and governance of the internet, the method of regulating and rule-making for it is the regulation of technical structures and intervention in the physical space of the internet; meaning, through physical limitations, goals can be achieved that, in traditional society, are brought about by law.
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