Requirements for recognizing & exercising Individual Rights in Cyberspace

Document Type : Original Article

Author

Assistant Professor of Theology & Islamic Thoughts, Faculty of Islamic Sciences and Researches, Imam Khomeini International University, Qazvin, Iran

Abstract

Rights, especially human rights, are playing a special role in the legal system of different countries, and every day, due to the development of technologies, the number of these rights is increasing. Meanwhile, the concept and the examples of them are also ambiguous. One major type of these rights is “Digital Rights”. the meaning, nature and examples of them are not very clear in the mentioned legal systems.
This paper seeks to answer the questions of: “What are the meaning and the nature of digital rights and what are the examples?” Digital rights are realized in the Internet zone and various platforms and have many examples on the basis of the different dimensions of these technologies. In legal texts, special examples are mentioned that are strongly influenced by human rights literature. Some of these examples have no legal basis in Islamic law, such as the right to sexual expression on the Internet, and in addition, many rights are missing from this list of rights. Also, a correct explanation of the concept and its examples will provide a platform for the realization of digital citizenship and e-government.

Keywords


  1. Albury, Kath(2017). “Just because it’s public doesn’t mean it’s any of your business: Adults’ and children’s sexual rights in digitally mediated spaces”, New media & society,19(5),713–725.
  2. Alper, Meryl and Goggin, Gerard(2017), “Digital technology and rights in the lives of children with disabilities”. New media & society,19(5),726–740.
  3. Anonymous(2014). Internet Rights and Principles Dynamic Coalition UN Internet Governance Forum. The charter of human rights and principles for the internet.
  4. Barassi, Veronica(2018), “The Child as Datafied Citizen. Critical Questions on Data Justice in Family Life” p. 169-177 in Giovanna Mascheroni, Cristina Ponte & Ana Jorge(eds.)Digital Parenting. The Challenges for Families in the Digital Age. Göteborg: Nordicom.
  5. Bulger, Monica &others(2017), “Where policy and practice collide: Comparing United States, South African and European Union approaches to protecting children online”, New media & society,19(5),750–764.
  6. Gil-Garcia, J. Ramon &others(2018), “Digital government and public management research: finding the crossroads”, Public Management Review,20(5),633–646.
  7. Guven, Gabriel Conrad(2018), “The lived experiences of secondary school parents in raising responsible digital citizens in a one-to-one learning environment”. A Dissertation Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Education, Liberty University.
  8. Katozian, Nasser (2003), Introduction to Law and Study the Iranian Legal System, 37th edition, Tehran: Sahami Entrshar.
  9. Kim, John Y.(2008), “The great kaleidescape: New hope in the digital rights debate”, Temple Journal of Science, Technology & Environmental Law,27(2),339-358.
  10. Kumik, Peter(2001), “Digital rights management”, Legal Information Management,1(2),21-23.
  11. Livingstone, Sonia and Third, Amanda(2017), “Children and young people’s rights in the digital age: An emerging agenda”, New media & society,19(5),657–670.
  12. Ludlow Barbara L. & Duff Michael C.(2007), “Copyright Law and Content Protection Mechanisms: Digital Rights Management for Teacher Educators”, Teacher Education and Special Education,30( 2),93–102.
  13. Lupton, Deborah and Williamson, Ben(2017), “The datafied child: The dataveillance of children and implications for their rights”, New media & society,19(5),780-794.
  14. Macenaite, Milda(2017), “From universal towards child-specific protection of the right to privacy online: Dilemmas in the EU General Data Protection Regulation”, New media & society,19(5),765–779.
  15. Redeker, Dennis and others(2018), “Towards digital constitutionalism? Mapping attempts to craft an Internet Bill of Rights”, the International Communication Gazette, 80(4), 302–319.
  16. Resnick Marc L.(2005), “Human Factors in Digital Rights Management for Consumer Products”, Proceedings of the Human Factors and Ergonomics Society Annual Meeting,49(18),1734-1738.
  17. Roberts, Andrew(2015), “Privacy, data retention and domination: Digital rights Ireland ltd v. minister for communications”, Modern Law review,78(3),535-548.
  18. Robertson, Scott P. and Vatrapu, Ravi K.(2010), “Digital government”, Annu. Rev. Inf. Sci. Technol,44(1),317-364.
  19. Schofield Clark, Lynn & Brites, Maria José(2018), “Differing Parental Approaches to Cultivating Youth Citizenship” p. 81-89 in Giovanna Mascheroni, Cristina Ponte & Ana Jorge (eds.) Digital Parenting. The Challenges for Families in the Digital Age. Göteborg: Nordicom.
  20. Siamak, Marzieh (2009), Digital rights Management: Opportunities and Challenges, Book of the Year Quarterly, 20(77), 253-272.
  21. Taylor, Linnet(2017), “What is data justice? The case for connecting digital rights and freedoms globally”, Big Data & Society,1-14.
  22. Verlos, Natalia(2020), “Constitutionalization of digital rights: Domestic practice and foreign experience”, Law Review of Kyiv University of Law,(2),129-133