Preparation of evidence to prove legal claims in cyberspace with a look at American federal laws and new methods

Document Type : Original Article

Author

Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran

Abstract

The cyber space is like a representation of the real world, a place for legal interactions. In this space, as people enter into contracts and communicate with each other through this great human invention, lawsuits could be found in these communications and contracts. They inevitably look for evidence to prove their rightness. Finding and presenting proofs in this virtual space is facing challenges due to the special features of this space compared to the real and physical space, and people may encounter new excuses in the providing of these proofs, so in this article, tried to provide an image of the way of gathering proofs. The problems of collecting the evidence and the solutions provided by other countries should be presented, including these solutions, the provision of institutions for registering cyber documents, the creation of the task of preserving evidence for some persons and Provision of guarantee of execution for this task in the laws, use of artificial intelligence to resolve disputes in electrical markets. Also, in some countries, private institutions are used to record evidence such as e-mails. This article is organized in an analytical and descriptive way.It is necessary for the Iranian legislator to develop appropriate laws for the preservation of electronic evidence

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Main Subjects

References

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History

  • Receive Date: 16 November 2023
  • Revise Date: 22 February 2024
  • Accept Date: 22 April 2024

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