Dr. Ramezanali Bazrafshan, in an exclusive interview with Contemporary Jurisprudence:

Jurisprudence of Governance in Cyberspace/8

The extent to which jurisprudence and Shiite teachings influence cyberspace governance depends on various factors, including the level of public acceptance of these teachings, their adaptability to contemporary issues, and their collaboration with other scientific and specialized fields. Overall, it appears that Islamic disciplines, particularly jurisprudence, by providing ethical and legal foundations, can play a significant role in shaping and guiding cyberspace in the future, contributing to better and more just governance.

Note: The rapid growth of digital technologies and cyberspace tools has made predicting the future of this space and its governance exceedingly challenging. Dr. Ramazanali Bazrafshan, a member of the board of the Scientific Association for Media and Propagation of the Seminary, believes that the role of jurisprudence in the future governance of cyberspace will be greater than it is today. In an exclusive interview with Contemporary Jurisprudence, he outlined the most critical issues facing the future governance of cyberspace and discussed solutions to address its upcoming challenges. He was among the few academic activists in the field of media and cyberspace who spoke neither with despair nor with uncritical fascination about the future of cyberspace, instead providing a precise depiction of its future and offering practical solutions. The full text of this engaging and insightful interview is presented below:

Contemporary Jurisprudence: What are the most critical issues facing cyberspace governance in the next 100 years?

Bazrafshan: Given the current trajectory of the growth and development of emerging technologies and the conditions created by artificial intelligence and cognitive warfare, we can anticipate that the most critical issues facing cyberspace governance in the next 100 years can be categorized into several groups:

  • Tension between national sovereignty and the transnational nature of cyberspace: Since cyberspace is inherently a transnational phenomenon, applying national sovereignty to it faces significant challenges. Governments strive to enforce their laws and regulations in this space, but the global nature of cyberspace presents numerous obstacles.
  • Development of emerging technologies and related legal and ethical issues: The rapid pace of development in technologies such as artificial intelligence, blockchain, and the Internet of Things introduces new legal and ethical challenges for cyberspace governance. For instance, the use of artificial intelligence in sensitive decision-making processes may lead to discrimination and inequality.
  • Protection of privacy and data security: With the increasing volume of personal data stored in cyberspace, safeguarding privacy and securing this data have become major challenges. Cybercrimes, data breaches, and misuse of personal information are among the serious threats in this area.
  • Spread of misinformation and fake news: The dissemination of misinformation and fake news in cyberspace can have severe negative impacts on public opinion and societal security. Addressing this phenomenon requires effective strategies and international cooperation. Various doubts that will arise, the need to respond to these doubts, and disparities in people’s access to and management of cyberspace are among the upcoming challenges.
  • Digital divide: The digital divide between developed and developing countries, as well as among different societal groups, can lead to greater inequalities in access to opportunities and resources in cyberspace.

Contemporary Jurisprudence: Will cyberspace, in 100 years, be governable by governments at all, or will governance be entirely participatory, involving all people?

Bazrafshan: It appears that in 100 years, cyberspace governance will move toward a participatory, multi-stakeholder model. In this model, governments will continue to play a significant role in regulating and overseeing cyberspace, but the roles of users, non-governmental organizations, and the private sector will become increasingly prominent.

Governments will contribute to maintaining security and order in cyberspace by enacting laws and regulations, setting standards, and establishing oversight mechanisms. Users will also play a role in shaping laws and policies related to cyberspace by participating in decision-making, providing feedback, and reporting violations. Non-governmental organizations and the private sector will contribute to better cyberspace governance by providing services, developing technologies, and monitoring platform performance.

It is noteworthy that: Cyberspace governance faces complex challenges, and various models exist for it. The governmental sovereignty model, through legislation and oversight, enhances security but restricts freedom of expression. The self-governance model, with user participation, increases dynamism but is weak in addressing cybercrimes. The multi-stakeholder model, through collaboration among stakeholders, creates balanced governance but is challenging to coordinate. The hybrid model, leveraging the advantages of other models, offers better governance. Participatory and multi-stakeholder models seem more suitable due to their consideration of all stakeholders’ rights. However, since the management of various platforms, tools, and technological resources at the international level will likely be controlled by the dominant powers in this field—beyond the capacity of smaller or regional entities—this strengthens the likelihood that the prevailing strategy will be in the hands of cyber and data giants. Other cyberspace citizens will be compelled to comply unless smaller systems unite to assert themselves against these superpowers.

Contemporary Jurisprudence: How do you predict the extent of cyberspace’s influence on people’s lives in 100 years? Will this influence be maximal, or will people’s disillusionment with cyberspace lead to its minimalization?

Bazrafshan: Precisely predicting the extent of cyberspace’s influence on people’s lives in the future is challenging. However, based on current trends and technological advancements, several possibilities can be considered:

  • First possibility: Maximal influence—Complete integration of the physical and virtual worlds, pervasive artificial intelligence, widespread Internet of Things, and personalized virtual environments.
  • Second possibility: Disillusionment and reduced influence—Fatigue from cyberspace, concerns about security and privacy, negative impacts on health, and a return to traditional values.
  • Third possibility: Balance between the real and virtual worlds—Conscious and balanced use, emphasis on real-world interactions, and development of human-centered technologies.

The third possibility, a balance between the real and virtual worlds, seems the most likely scenario. With increased public awareness and knowledge, as well as the development of human-centered technologies, cyberspace can be used effectively and constructively while mitigating its negative impacts. In any case, cyberspace will remain an inseparable part of human life and will play a significant role in the future.

Thus, it can be said that in 100 years, cyberspace will increasingly influence people’s lives. With advancements in technologies such as augmented reality, virtual reality, and the Internet of Things, the boundary between the real and virtual worlds will become less distinct, and many activities will take place in cyberspace.

However, this influence does not necessarily mean it will be maximal. Alongside its numerous benefits, issues such as cyberspace addiction, social isolation, and reduced real-world interactions may increase. In such a case, there is a possibility of public disillusionment with cyberspace and efforts to create a balance between the real and virtual worlds.

Contemporary Jurisprudence: How do you predict the role of Islamic disciplines, particularly jurisprudence, in the governance of cyberspace in 100 years?

Bazrafshan: Given the growing importance of cyberspace and its impact on the lives of Muslims, it is expected that Islamic disciplines, particularly jurisprudence, will play a more prominent role in its governance.

Jurists and Islamic scholars, by offering perspectives and solutions rooted in religious teachings, can contribute to formulating ethical and Islamic laws and regulations for cyberspace. Additionally, jurisprudence can provide guidance on addressing legal and religious issues related to cyberspace, such as online transactions, intellectual property, and privacy.

Considering the significance that cyberspace has gained in people’s lives and its impact on various aspects of life, it is predicted that Islamic disciplines, particularly jurisprudence, will play a more prominent role in cyberspace governance in the next 100 years. Jurists and Islamic scholars, by offering perspectives and solutions rooted in religious teachings, can contribute to formulating ethical and Islamic laws and regulations for cyberspace.

However, the extent to which jurisprudence and Shiite teachings influence cyberspace governance depends on various factors, including the level of public acceptance of these teachings, their adaptability to contemporary issues, and their collaboration with other scientific and specialized fields. Overall, it appears that Islamic disciplines, particularly jurisprudence, by providing ethical and legal foundations, can play a significant role in shaping and guiding cyberspace in the future, contributing to better and more just governance.

Contemporary Jurisprudence: What actions should be taken to achieve effective cyberspace governance in 100 years?

Bazrafshan: To achieve effective cyberspace governance in the next 100 years, the following actions are necessary:

  • Development of emerging technologies: Continuous use and development of emerging technologies such as artificial intelligence, blockchain, and the Internet of Things are essential to improve security, enhance efficiency, and reduce costs.
  • Establishment of appropriate legal and regulatory frameworks: Formulating and implementing up-to-date and comprehensive laws and regulations that can address the evolving needs of cyberspace. These laws should balance user rights protection with opportunities for innovation.
  • International cooperation: Creating platforms for international cooperation to counter cyber threats and establish global agreements and standards for cyberspace governance is crucial.
  • Education and awareness-raising: Increasing user awareness and education in various areas related to cyberspace, including cybersecurity, privacy protection, and optimal use of technologies.
  • Protection of privacy and security: Developing and implementing effective solutions to protect user privacy and enhance data security. This includes using cutting-edge technologies and regularly updating systems and protocols.
  • Development of digital infrastructure: Creating and developing robust and sustainable digital infrastructure to support the growing needs of users and organizations in the next 100 years.
  • Encouraging innovation and entrepreneurship: Creating supportive platforms for innovation and entrepreneurship in cyberspace to foster the development of the digital economy and create new job opportunities.
  • Data-driven governance: Using data analysis and information to make better decisions and improve cyberspace governance. This includes analyzing threats, needs, and existing trends.
  • Sustainability and responsibility: Emphasizing sustainability and social responsibility in cyberspace governance, particularly regarding resource use and environmental protection.

Some of the upcoming challenges include:

  1. Rapid technological development: The fast pace of technological change makes it difficult to formulate up-to-date laws and policies.
  2. Transnational nature: The transnational nature of cyberspace complicates national sovereignty and international cooperation.
  3. Privacy protection: Balancing user privacy protection with the need for oversight to ensure security is challenging.
  4. Diversity of stakeholders: The diversity of stakeholders with varying interests and perspectives makes achieving consensus and cooperation difficult.
  5. Resource scarcity: A lack of financial and specialized human resources hinders the implementation of laws and policies.

For effective cyberspace governance, the responsibilities of policymakers, scholars, and the public are as follows:

A. Policymakers:

  1. Formulating laws and regulations: Creating comprehensive and up-to-date laws for cyberspace activities, emphasizing security, privacy, and user rights. These laws should be flexible and adaptable to the dynamic nature of cyberspace.
  2. Establishing secure infrastructure: Developing and maintaining secure and sustainable technical and communication infrastructure for cyberspace, including investments in security technologies, secure data centers, and reliable high-speed communication networks.
  3. International cooperation: Collaborating with other countries to address cybercrimes and security threats in cyberspace, including sharing information, experiences, and security technologies, as well as participating in developing international standards.
  4. Education and awareness-raising: Enhancing public awareness about safe and responsible cyberspace use through educational workshops, media content, and integrating cyberspace education into school and university curricula.

B. Scholars:

  1. Providing solutions: Offering scientific and practical solutions to improve cyberspace governance, including proposing new laws and policies, designing oversight mechanisms, and providing technical solutions to address security threats.
  2. Research and studies: Conducting scientific research on legal, ethical, and social issues related to cyberspace to identify challenges and opportunities and propose appropriate solutions.
  3. Knowledge production: Producing and disseminating up-to-date knowledge about cyberspace and its challenges through books, articles, and conferences.
  4. Critique and evaluation: Critically assessing laws, policies, and practices related to cyberspace to identify strengths and weaknesses and offer suggestions for improvement.

C. The Public:

  1. Responsible use: Using cyberspace consciously and responsibly while adhering to ethical and legal principles, including respecting others’ rights, avoiding harmful or illegal content, and protecting individuals’ privacy.
  2. Awareness: Increasing personal awareness of cybersecurity and privacy issues to protect against threats and misuse of personal information.
  3. Reporting violations: Reporting harmful content and illegal activities in cyberspace to relevant authorities to help clean up cyberspace and prevent illegal activities.
  4. Participation: Engaging in discussions and exchanges of ideas about cyberspace issues and offering suggestions to improve related laws and policies.
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