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November 24, 2025

A discourse on virtual security and human rights / Ali Kalai

Perhaps in many moments that have passed in human history, after wars, there have been times when humans have presented new definitions for new situations; in fact, after each encounter, it seems that an effort has been made to learn and with the presence of objectivity in the historical process, human mentality has also taken a step forward. Concepts are born and establish an organic connection with each other in order to create organic and reciprocal ties between human societies and continue their own journey.

The days after World War II were when humanity, tired of war and conflict, adopted a global declaration that could be a covenant for communication. A covenant that, although made by human hands, was meant to be the regulator of relationships between individuals on national and international scales for communication with each other; but humanity did not act upon it after the Second World War, and the Third World War (Cold War) and the Fourth War (after September 11 and cultural and civilizational conflicts) continue to claim victims among humans, but this covenant was supposed to have a function. With every change in the face of relationships and technology, it was and is expected that this covenant would remain steadfast in its theoretical and practical principles.

In the last quarter of the 20th century and more than a decade of the beginning of the 21st century, another era was experienced. The age of media and the rapid growth of communication took over and transformed human relationships, creating a new space for communication. A space that, if until yesterday was seen in face-to-face encounters between humans or in telegrams, phones, and letters, today is dominated by newer technologies of information and communication, virtual space, and what is called cyberspace. But it seems that the nature of humans always carries their transgressions with them. As the Quran says, humans are unjust and ignorant.

The issue we are discussing here is about this very intersection. The new humanity has a new space for communication, as well as an international covenant and agreement for human interaction and establishing rules for it. Our discussion revolves around the connection between these two issues: the new space and the general law among humans. But where in this new space does such a law demand to be established?

There are two types of laws based on rights in this area. First, the rights of the laws for the virtual world. In this area, the basis of occurrence is the real world of humans, but its tools are formulated in the virtual world. This area is broader and includes areas such as cyber crimes and internet.

The second domain of law is in the virtual world. It is a human executor and time and place are virtual in it. The basis of their occurrence is in the virtual world. Perhaps they can be related to the cities of humans’ second lives. Cities that do not have a real form. Cities that their entrance is through electronic devices. Social networks can perhaps be the best example of them. Virtual characters and symbols of real humans are present in them. But despite the real existence of humans behind these characters, the basis of life, actions, and movements of all is in the virtual space.

The rules of virtual life and real life have tried to make them similar and the more we progress, the more these similarities become apparent. However, with the elimination of many restrictions of real life (such as time and place) in virtual life, their legal and lawful characteristics also become different.

When the era of virtual life emerges, the boundaries of individuals’ private sphere are also blurred. A part of people’s natural life is also this private sphere in the real world. The concept of privacy and private sphere has been discussed in various ways in religions and ancient civilizations. However, in the modern world, it may have been formulated for the first time in 1990 by a judge of the Supreme Court of the United States named “Louis Brandeis” in an article titled “The Right to Privacy”, as the right to be left alone. In fact, in the virtual life of individuals, information is exchanged that is the result of their real life. Many times, despite the virtual nature of the sphere, the effects of issues are clearly visible in the real world. Humans are multi-dimensional beings. In addition to psychological, moral and theoretical dimensions, there is now a dimension defined for their life that separates them from real life. But still, all the effects of this dimension come together

“When personal life, human rights, and laws are in the middle, security will definitely be compromised. It is these laws, such as international maternal laws, domestic constitutional laws, and internal border laws, that restrain those with animalistic tendencies from committing acts of aggression. Without these laws, perhaps the wars, rebellions, and tyrannies of humans throughout history would not have occurred.”

With the sensitivities and impact that this realm of life and virtual space has on the real lives of humans, and despite the human rights covenant for regulating relationships between individuals and nations, the issue of security in the virtual space, now referred to as cyber security, is intertwined with the issue of human rights and the human rights covenant itself.

The Universal Declaration of Human Rights states in its third article: “Everyone has the right to life, liberty and security of person.” In fact, what can be endangered and put at risk in the lawless virtual space is precisely this security and personal life. The information exchanged in the virtual space is not just about individuals, but it belongs to the human being in the real world. This same declaration also states in its twelfth article: “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” The virtual lives of individuals are a part of their existence. Many personal correspondences take place virtually and there is also private information about people’s lives on social media networks. Therefore, according to this article, the issue of virtual security is also highlighted in these areas.

On July 1st, 2014, the United Nations Human Rights Council, recognized as the highest decision-making body in the field of human rights, emphasized through a resolution that just as there are laws to protect individuals outside of the online world, there must also be measures taken to protect individuals online, including the rights of online activists.

The website of the International Human Rights Campaign in Iran reports on July 20th of this year that this resolution has asked countries to address security concerns in the realm of the internet in accordance with their international human rights commitments and ensure the protection of freedom of expression, association, privacy, and online human rights. This campaign continues as the second resolution adopted by one of the United Nations bodies regarding freedom of expression and the right to protect individuals online in the past ten years. The basis for the publication of this resolution is Article 19 of the International Covenant on Civil and Political Rights.

Article 19 of the International Covenant on Civil and Political Rights explicitly states: “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.” Therefore, individuals have the right to express their opinions, whether verbally or in writing, through art, or by any other means of their choosing, without interference, harassment, or persecution based on their beliefs.

The cyber space is not only limited to internet users. It is a much broader issue and encompasses all social and communication relationships where information technology and the discussion of virtual space are dominant. Some refer to it as a state without land, population, or borders, where people with broken national, racial, and religious boundaries, and in short, all cultural, economic, and civilizational boundaries among humans, are present. This human phenomenon can, on one hand, make its own private sphere special and, on the other hand, embed colonies and virtual communities within itself. However, what is at risk is the security in cyber space, which in fact reflects the security of humans in the real world. Cyber security is a new topic with an old subject; the human subject, which has now been given a new dimension. But regardless, cyber security, like real and virtual security, is a fundamental issue of human rights that has been regulated to reduce tension among humans after wars and conflicts.

Virtual space is both an opportunity and a threat. It is an opportunity to reduce the distance between people and a threat that can provide a secluded courtyard for opportunists. However, general human rights laws and specific laws of international conventions must be the guardians of human rights. These were a general overview of this relationship and should include the requirements for the new world and how it exists or how it should be. This story, due to its novelty, is a new Masnavi that, although sometimes delayed in human perception, can shed blood and be beneficial to human life.

Created By: Ali Kalaei
January 23, 2015

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Ali Kala'i Magazine number 45