Journal of Research and Development in Comparative Law

Journal of Research and Development in Comparative Law

National Sovereignty in the Regulation of Digital Platforms: The Approaches of Iran and the United States Towards Domestic and Foreign Platforms

Document Type : scientific research paper

Author
Department of Public Law, Faculty of Law, Tarbiat Modares University, Tehran, Iran
Abstract
Technological advancements in recent decades have transformed digital platforms into one of the most influential tools in the global economy, social interactions, and national security. In the absence of appropriate regulatory frameworks, these platforms can pose significant challenges to national sovereignty, privacy, combating fake news, and monopolistic practices. This article, employing library-based research and an analytical-descriptive method with a comparative approach, examines the regulation of digital platforms in the United States and the Islamic Republic of Iran. The United States, as a technological pioneer and home to many major platforms, has implemented stringent and structured policies concerning foreign platforms such as TikTok and Huawei, as well as domestic platforms. These policies are based on laws such as the Children’s Online Privacy Protection Act (COPPA) and the International Emergency Economic Powers Act (IEEPA), granting the U.S. government extensive regulatory authority over the digital space. In contrast, despite facing more extensive threats, Iran has more limited tools for regulating digital platforms. Policies such as the blocking of Telegram and restrictions on Instagram, although aimed at preserving national sovereignty, have faced challenges due to external pressures, lack of public support, the absence of comprehensive regulatory frameworks, and weak institutional coordination, resulting in limited effectiveness. A comparative analysis of these two countries reveals that, despite facing fewer direct threats, the United States has adopted a far more stringent approach to regulating foreign platforms. Meanwhile, its support for domestic platforms and the application of double standards in dealing with other countries indicate the use of digital platforms as instruments for advancing geopolitical policies. In Iran, the inability to effectively engage with platform owners, weaknesses in developing domestic infrastructure, and frequent changes in regulatory policies have exposed user rights, national sovereignty, and cybersecurity to significant risks. In the concluding section, recommendations are provided to improve the regulation of digital platforms in Iran, including strengthening legal frameworks, enhancing cyber diplomacy, and developing domestic infrastructures.
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