Journal of The Iraqi University

Innovation is one of the most important criteria for intellectual property protection in general, and in light of the technical development, it has become a dividing line in achieving protection or not, as the excessive use of information and works in the digital medium has become a threat to innovation and intellectual production as a result of the expansion of technologies and the expansion of technical means that are dealt with. This necessitates finding technical measures aimed at reducing the risks that stand in the way of using innovation and exploiting it illegally and without permission from the owner of the innovation.

This research delves into the integration of information technology to enhance various stages of the electoral process. Governments are entrusted with the task of governing their internal affairs, and a significant aspect of this responsibility is gauging the will of the people through periodic and credible elections. In this context, governments are compelled to enact laws and protocols that leverage electronic technologies to optimize the efficiency of electoral procedures.However, it is essential to acknowledge that electronic voting systems come with their fair share of challenges, risks, weaknesses, and vulnerabilities. The research concludes with several findings, highlighting benefits like enhanced electoral participation, improved voter services, time and cost savings, and potential fraud prevention through proper implementation. The research also puts forth recommendations, emphasizing the paramount importance of ensuring electronic security by mitigating risks associated with electronic hacking, intrusion, and vote manipulation. Such measures are crucial to establish an electoral process that upholds integrity and credibility.It is important to note that this research does not offer a foolproof blueprint for the implementation of a flawless electronic voting system. Rather, it serves as a comprehensive exploration of the intricacies, advantages, and limitations that surround this technology.

The digital revolution has brought about numerous changes and new variables that have impacted various legal situations. Among these is the realm of copyright and intellectual property protection, particularly in the context of digital works. Despite the advantages offered by the digital shift in publishing through online networks to reach a wider audience, it has also opened the door to new forms of criminal behaviors that may not fit within traditional punitive legal frameworks. This necessitates a reevaluation of these laws.Consequently, this study sheds light on such emerging patterns within digital works or the technical protection means applied to these works, which fall under legal protection. The study begins by introducing the concept of digital works and the associated copyright. It then evaluates the level of protection provided by the Iraqi legislator in the Law for the Protection of the Copyright (Law No. 83 of 2004, as amended) compared to the Egyptian Law for the Protection of Intellectual Property (Law No. 82 of 2002) in addressing these newly arising forms of crimes. The study concludes by summarizing the most significant findings and recommendations.Keywords: digital works, copyright, intellectual property, criminal protection, Iraqi law, Egyptian law, comparative study, emerging crimes, legal framework, digital revolution.

Undoubtedly, the digital world has profound implications in the realm of personal status, making its presence felt amidst debates and challenges, particularly within the context of Iraqi family matters. The Iraqi family faces several shortcomings within the texts of the relevant Iraqi laws. One of the foremost challenges arising from the digital world pertains to digital inheritance, digital marriage, and digital divorce, each having significant repercussions within the Iraqi legal system and even leading to the issuance of religious rulings by clerics. The influence of digital legislation is also evident in matters of personal status, including digital inheritance and digital wills. These challenges can be categorized into two main axes. The first pertains to the legitimacy and alignment of the digital realm with the requirements of Sharia law and legal purposes. The second axis addresses the potential adverse effects on Iraqi families when such matters are brought before the judiciary. It becomes imperative to find appropriate legislative solutions within the framework of existing Iraqi laws, while maintaining the realm of jurisprudence open to the authorized legal authorities with access to Islamic jurisprudence without imposing constraints based on a specific doctrine.

The information revolution has swept across various aspects of life, bringing about significant changes. It has impacted various aspects of government, and the judiciary is no exception. Many countries have adopted judicial systems that previously suffered from slow procedures and the challenges faced by parties involved, especially the need to physically attend court, leading to overcrowded courtrooms.To address these issues, most countries have turned to remote litigation, harnessing modern technological tools like computers and the Internet. This transformation offers numerous advantages, such as enhancing the efficiency and productivity of the courts, simplifying procedures and transactions at all stages of litigation, from paying fees to the issuance of a verdict.

The polygraph, commonly known as a lie detector, is a modern scientific tool designed to detect falsehoods by monitoring psychological responses or emotions experienced by an individual when their nerves are stimulated or their senses are alerted to external influences. These emotions may include fear, shyness, or a heightened sense of responsibility. By analyzing the data recorded by the device, it becomes possible to determine the veracity of a person's responses to directed questions.

The phenomenon of electronic extortion is a modern and significant issue that has gained prominence in recent times due to the immense developments witnessed in the digital world. As a form of cybercrime, its consequences negatively impact individuals' lives and sense of security, instilling fear and panic and leaving psychological scars more profound than physical injuries. Electronic extortion, characterized by its remote occurrence through various electronic means and social communication channels, gives rise to both civil and criminal liabilityGiven the legislative gap in laws, particularly regarding electronic extortion and cybercrimes in general, the responsibility, whether civil or criminal, becomes a matter of concern. This has prompted our research into the civil liability arising from electronic extortion in two main sections. The first section defines electronic extortion, covering its concept and characteristics. The second section outlines the elements of civil liability in electronic extortion. The subsequent section elaborates on the provisions of civil liability in two subsections, one discussing the claim of civil liability and the other addressing compensation for extortion, which serves as a means of redressing material and moral damages.Keywords: (Electronic Extortion, Compensation, Civil Liability)

The scientific advancements witnessed by the world in the late 20th and early 21st centuries have given rise to new forms of weaponry previously unknown. History stands as a testament to the catastrophic effects of destructive innovations like nuclear weapons. Similarly, the emergence of cyber-attacks has compounded the wounds of warfare, amplifying their devastating impacts.Despite the prohibition of the use of force in international relations as outlined in the United Nations Charter of 1945, along with the prohibition of even threatening its use, the charter does allow for the limited use of force under specific circumstances, notably the concept of legitimate defense, albeit subject to certain conditions.

Undoubtedly, the digital age has brought about significant implications for personal privacy, particularly in the context of personal status. The emergence of new technologies and information systems has not only empowered individuals worldwide with advanced communication tools, but it has also enhanced the capabilities of governments, institutions, companies, and individuals to monitor, intercept, and collect data. This poses a serious threat to human rights, notably the right to privacy. This research delves into the concept of privacy, acknowledging the challenge of formulating a comprehensive definition due to varying interpretations. Privacy is inherently dynamic, with its components highly sensitive to evolving means of encroaching upon it. Consequently, the elements constituting privacy continually evolve, incorporating aspects that were absent in its previous components. In the digital era, numerous individuals face significant threats to their privacy. This underscores the importance of investigating the legal protection accorded to the right to digital privacy. There's an intrinsic connection between general international law principles and the respect for privacy. International legal rules dictate a specific approach for states to uphold individual privacy rights. Moreover, international obligations to refrain from infringing upon states' sovereignty indirectly safeguard individual privacy rights.On a national level, in alignment with international commitments, states are expected to exert efforts to safeguard and enhance the right to digital privacy. This is achieved through enacting legislations that align with technological, digital, and informational advancements, as well as amending existing laws and procedural regulations to effectively protect individual privacy in the digital age. This involves providing robust legal guarantees to ensure such protectionThroughout this research, we will delve into the concept of the right to privacy and the stance of international law in safeguarding digital privacy rights. We will also explore national practices in protecting digital privacy.Keywords: Privacy, international law, digitalization, national legislations.

The digital inheritance has become one of the secretions of modern technology, and this rapid development was strongly reflected in the behaviors and facts that cause complex legal effects, and imposed new patterns of behavior, culture and knowledge, to reveal the matter to large-scale challenges to the system of traditional concepts prevailing in the law, which led to the emergence of an issue ( Legal protection of personal digital inheritance), which is the legal regulation that governs the fate of private assets such as personal digital accounts, e-mail, personal photos, messages, personal video clips, electronic scientific books, personal numbers, or even written notes kept on a phone Smart, here there must be legislative intervention to find new legal rules that govern these conditions in accordance with their nature, as it has raised several legal problems, especially those related to the deceased person on his digital assets, which is among the most important forms, and this has angered legal scholars and researchers. After several cases were brought before the courts The personal property of the deceased person must enjoy legal protection, which constitutes a legal challenge if it was digital, so the legislation must stand at it and deal with it, according to frameworks that are consistent with a set of specialized and stable systems and rules, and the Iraqi legislation must include the inheritance in the field of digital communications in its accounts And setting rules and procedures related to the fate of private data and the extent of its privacy after the death of a person, in a manner that takes into account the interest of the individual and society and without prejudice to public order and morals, and in a manner that enhances confidence in the means of the digital age that continues to increase and develop According to these data, we divided the research into two sections. In the first section, we discuss the concept of personal digital inheritance, and we dedicate two requirements to it. In the first requirement, we deal with the definition of digital inheritance, and we devoted the second requirement to researching images of personal digital inheritance. As for the second section, we will discuss the legal organization of personal digital inheritance and divide it. The research has two requirements as well. In the first requirement, we show the basic rules of personal digital inheritance, while we will discuss in the second requirement the protection measures for personal digital inheritance.Keywords: Digital Inheritance, Legal Protection , Personal Assets , Privacy, Protection Measures

In the contemporary era, the concept of the "digital space" has become increasingly familiar and is employed by researchers to describe the virtual environment of the internet and other digital communication channels. However, the digital space extends beyond the boundaries of the internet to encompass all components and communication platforms prevalent in society. This research aims to explore the multifaceted challenges and opportunities posed by the digital space and its impact on individuals and society from a legal perspective.The interaction between the virtual world and individuals has evolved significantly, influencing societal cohesion and familial bonds. This paper highlights the need to address the unregulated and excessive use of social media platforms and digital communication tools, which can lead to negative social consequences. The absence of legal regulations governing digital space usage has led to various ethical and societal issues, requiring the protection of values, religious beliefs, identity, and Islamic principles.The research emphasizes the necessity of legislative measures to guide the responsible use of the digital space and to establish guidelines for content and user behavior. The impact of technological advancements on legal frameworks is undeniable, necessitating the establishment of legal structures that protect individual rights and foster societal cohesion. The study advocates for collaborative efforts to enforce specific standards within state institutions and enact laws that mitigate the negative impacts of unregulated digital space use.This research employs an analytical and deductive approach, drawing on scholarly works, scientific research, and relevant online articles to comprehend the intricate interplay between the digital space, the law, and societal dynamics. The study delves into the concept of the digital space and its characteristics before exploring its effects on societal bonds and legal frameworks. By addressing the challenges and opportunities presented by the digital space, this research contributes to the development of legal and ethical guidelines that can harness the potential of digital technology for the collective benefit of individuals and society at large.Keywords: digital space, law, societal impact, digital platforms, ethics, privacy, legislation, societal cohesion, individual rights.

Digital transformation has become an essential requirement in today's Iraq, particularly in Nineveh Governorate's Easeer Real Estate Registration Department. It is imperative to address and alleviate the challenges associated with real estate property transfer transactions that currently rely on paper-based processes. These transactions involve properties owned by the government, corporations, legal entities, and private individuals.Hence, there is an urgent need for the government to embrace the concept of digitizing its real estate assets, as well as those of corporations, legal entities, and individual citizens, following the example of countries that have successfully implemented digital solutions. The aim is to streamline and facilitate the management and execution of digital real estate transactions, making them secure, swift, user-friendly, and highly accurate. This transition eliminates the complexities, routines, and time-consuming efforts associated with paper-based processes. It also addresses the risk of paper documents being lost before reaching the Real Estate Registration Department, where processing and organization can take weeks or even months.Moreover, digitization helps prevent the accumulation of paper records within the department, reducing the likelihood of damage, loss, and theft during processing or auditing. The significance of electronic digitization, devoid of human intervention, becomes evident in these circumstances.To successfully implement the digitization of real estate assets in Iraq, it is essential to establish a secure electronic system that supports and enhances the efficiency of the entire real estate sector. This includes expediting operations such as sales, purchases, mortgages, and reservations while ensuring accuracy and safety. The ultimate goal is to eliminate bottlenecks in real estate registration departments across Iraq, with a specific focus on Mosul's left coast.In order to provide citizens with efficient, cost-effective, and transparent services, the digitization of real estate must be further developed and endorsed by Iraqi legislators. This involves enacting legislation related to digital real estate and instructing the executive branch to implement these measures, with the Ministry of Justice playing a pivotal role.Keywords: digital transformation, real estate digitization, electronic system, real estate sector

This research delves into a topic of significant contemporary relevance, given the far-reaching implications of social media on society at large, with a particular focus on its influence on family and marital dynamics. In the digital age, nearly every individual maintains one or more online profiles, which can potentially lead to challenges when not used judiciously. This is particularly true in the realm of marital relationships, where excessive engagement with these platforms has been shown to contribute to marital discord, trust issues, and even marital breakdowns. Problems like neglecting marital responsibilities, breaching trust, and infidelity can culminate in separations such as divorce, khula’, or legal separation.Recognizing the pivotal role that social media plays in contemporary lives, this research underscores its impact on spousal compatibility and overall marital contentment. By examining both positive and negative ramifications, this study aims to provide insights into the intricate relationship between social media usage and the quality of married life.Keywords: social media, married life, marital discord, trust issues, compatibility, marital happiness, online profiles, family dynamics.

The digital environment has produced tremendous developments worldwide, the most important of which is the emergence of what is known as the digital workbook, which is a modern type of traditional workbook that is prepared within the environment of technology and modern means of communication, which in turn received the necessary civil protection from the Iraqi legislator, according to the Copyright and Rights Law. Adjacent to it No. (3) for the year 1971, and its amendment for the year 2004, if certain conditions are met and dictated by the laws, as well as the legislation defining types of those works to be in turn covered by that protection, and this is what was reached after dividing the research into two demands that we discussed in the first concept The digital work, and in the second, what is related to the civil protection of the digital work in terms of its scope .Keywords: author, workbook, civil protection, digital, civil liability

In the evolving landscape of social and economic life, the rise of socialist ideologies, and the transformation of the state from a mere guardian to an active participant and regulator of economic and professional activities, individual freedoms have been curtailed. The rationale behind this curtailment is the belief that the state is obligated to manage and organize these activities. Consequently, the state has sought to involve professionals in the governance of these professional services, granting them certain privileges akin to public authorities. This study holds significant importance in clarifying the concept of professional institutions, delineating their characteristics, understanding the applicable legal framework governing their various actions, and determining whether they constitute genuine professional institutions or are merely professional public utilities. Moreover, the study aims to explore whether their decisions fall under the jurisdiction of administrative courts or regular judicial bodies. The research problem at hand revolves around the delicate balance needed between state interests and the interests of professional organizations, while also delving into the legal provisions governing the activities of these institutions.Keywords: Public Institutions, Administrative Law, General Theory, Professional Syndicates and Unions.

The modern world is marked by profound technological advancements, with information technology at its core. This transformation extends to all facets of life, including contract processes, resulting in the emergence of electronic contracts. These contracts are characterized by remote formation via contemporary communication tools, establishing binding commitments through electronic data exchange. Key features include the absence of physical presence, reliance on electronic media, and easy use of electronic payment methods. Legal requirements for their validity resemble those for traditional contracts.