Abstract
With the advancement of information technologies and the expansion of digital interactions, electronic surveillance and its boundaries of legitimacy have become one of the most challenging issues in contemporary criminal law. Cyber eavesdropping, as an intrusion into private communications within the digital sphere, has raised fundamental questions regarding the limits of state intervention, legal requirements, and citizens' rights. This article, through a descriptive-analytical approach, reexamines the status of the offense of unauthorized eavesdropping within the framework of cybercrimes and analyzes the legal elements, as well as the existing gaps and ambiguities in legislation, interpretation, and enforcement. The findings indicate that conceptual ambiguities, the absence of effective oversight mechanisms, and inconsistencies among existing laws have undermined the legal legitimacy of surveillance in Iran’s criminal justice system. In conclusion, the study proposes legislative reforms and measures to enhance the clarity, efficiency, and legitimacy of cyber surveillance within the framework of Iran’s criminal policy.