سیاست کیفری امنیت‌گرا در قلمرو حق بر ارتباط مجازی

At the beginning of the third millennium, the establishment of political systems and the security of states were threatened by security crises, leading to the formation of security-oriented criminal policies. According to this policy, offenders were considered dangerous "enemies," and were subjected to special criminal intervention, which had significant consequences for violating the fundamental principles of classical criminal law. Nevertheless, the emphasis on maintaining security, Meanwhile, the theoretical foundations of post-modern criminal sciences, such as social defense and social control, were effective in strengthening the security-oriented approach to criminal justice.
Developments in the field of communication technologies in the contemporary era have led governments, This becomes challenging when access to communication tools, due to their increasing importance in advancing human life, becomes a fundamental human right. Using a descriptive-analytical method, this research describes the effects of security-orientation on criminal intervention in the realm of the right to communication in cyberspace. Among the most important of these effects, which are manifested in criminal legislation texts, are the expansion of the scope of enabling criminal policies toward communication tools, the adoption of indefinite and unrestricted strategies regarding the imposition of restrictions on communication rights, and the expansion of criminal intervention in individuals' privacy.
Furthermore, this approach should be evaluated from the perspective of citizenship standards, human rights, and the fundamental principles of criminal law. The analytical achievement of this research is that security-oriented criminal intervention with respect to communication rights leads to fundamental limitations on citizens' fundamental rights, such as the right to freedom. It also leads to a clear violation of the principle of legality in criminal law, as one of the fundamental principles of international human rights.