نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق عمومی دانشگاه تهران
2 گروه حقوق، دانشکده علوم انسانی، دانشگاه مراغه، آذربایجان شرقی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The growth and penetration of cyber technologies, as well as the daily interdependence of human existence, have made combating damaging events one of the top concerns of governments and countries in order to restore order, security, and people's comfort and well-being. The emergence of classic crimes using advanced means and figures in cyberspace has a severe impact on the present order, security, and rights of countries and societies, as well as national security. Cyberspace terrorism is a conventional crime that has evolved with the complexity of the digital environment, resulting in the destruction of infrastructure, cultural and social underpinnings, and a complete reversal of reality. The Islamic tradition has long regarded passive defense as necessary and important. Currently, focusing on passive defensive capabilities will strengthen the country's defense force and deter any type of hostile threat. Therefore, this research, which aims to explain the role of passive defense in deterring war using jurisprudence norms and valuable concepts, has the potential to prevent cyber terrorism by proposing remedies. The primary research question is: What are the jurisprudential bases for preventing cyber terrorism based on passive defense principles? The current study employed a descriptive-analytical approach, with data gathered at a library. Today, the Iranian government's primary priority is preventing the unfortunate phenomenon of cyber terrorism, as stated in rules and laws and confirmed by the development document, national perspectives, and criminal laws. In the field of jurisprudence, jurisprudential rules such as the rule of harmlessness, negation of mustache, and the rule of justifiable defense can be utilized to construct preventative foundations in laws and regulations, as well as administrative initiatives. Without a doubt, steps that can be taken to stop this from happening include making it harder to get to infrastructure, promoting a culture of preventing cyber-crimes, especially terrorism, educating the public, and putting in place executive regulations are all important. It is also important to make sure that cyber terrorism is dealt with by strict and appropriate criminal laws that do not discriminate. Iran's laws and regulations must be completed and verified to combat this phenomenon and ensure stable order and security. Moreover, despite the scarcity of efforts to prosecute and sanction cybercrimes, the study is proposing new legislation in this domain, and it must incorporate safeguards against cyberterrorist attacks into most passive defenses. Increasing the security of government systems, localizing computer software, preventing unrelated people's access to basic infrastructure, and so on all help to prevent such actions.
کلیدواژهها [English]
منابع