Vol-7, Special Issue-Number2-April, 2016, pp1117-1128 http://www.bipublication.com
ase Report C
Comparative Study of Prevention from Cyber Crimes in
Iranian and International Law
Zohreh Bahmaei1 and Javad Sepehri Kia2
1
Student of Criminal Law and Criminology, Department Of Law,
College Of Human Science, Bandar Abbas Branch, Islamic Azad University, Bandar Abbas, Iran 2
Associate Professor, Department Of International Law,
College Of Human Science, Isfahan Branch, Islamic Azad University, Isfahan, Iran Email:Aftabseperrab@Gmail.Com
ABSTRACT
In today's world, human made familiar with a space called cyberspace which its feature is distinct in the physical and material world. Productivity of this space is always dependent on information technological progress and electronic communications and human forced to the use of its universal and general of this space in all the political, economic, social, cultural and military dimension. In this regard, some norms should be established, some deals should be made and prevented about abnormal conditions based on the unique features of cyberspace . In this context, our country has not been joined to none of the international conventions related to the cybercrime and the judiciary and security forces has been faced with difficulties to prevent of these crimes in practicedue to the current vacuum in domestic law. Accordingly, in the first instance, point of view of legislator has been considered in strengthening the legally binding texts in prevention of cybercrime. In this regard and in dimension of non-criminal prevention, primarily, looking at situational prevention is necessary. Certainly, the physical presence of institutions for prevention will have an important role in the prevention of these crimes in cases where cybercrimecarry out by entry of unauthorized users to acomputer site. Police can be an important role in prevention process byusing the powerful software and caring of mentioned space .In the second place, public education and provide the specific training to individuals and organizations that are likely to be at risk of cyber crime and identification of caller ID belongs to these measures, should be considered in the realm of social protection.
Key words:Cybercrime, Cyber Crimes Law, International Conventions, Situational Prevention, Social Prevention ,Institutions of Prevention, Police Disciplinary Prevention.
1. INTRODUCTION
Due to the growing concern of cyber anomalies that only small part of them inserted into criminal law field but cyber criminological studies has no vigorously tracked so that cyber preventive measures can be extracted.Hence , a basic solution is necessary for removing this problem; the problem which threaten all levels of society due to excessive dependence on cyberspace . At the beginning ought to lay down norms cyber so that users can distinguish pure from the impure. Of course , the assumption is based on the lack of awareness
the matters raised to criminal confronting with abnormalities and computing and cyber crimes. Now , in some world’s countries has been approved required criminal acts and also ,various international and regional documents which can be refer to the EuropeanConvention of cyber crimes as the most of them with an international nature . Non-European countries have no join to this Convention. Computer Crimes Act was passed in Parliament in 1999 in our country's. In addition to analyzing the nature of these crimes should be paid to preventive measures that can be reduced by means of the volume of cyber crime.
2-Literature Review
2-1-Definition the CyberCrime
cyber crimes refers to those crimes that occur based on the parallel of development and increasing the information level and their exchange and commit between societies and due to this subject that cyber crime have an national feature without geographical distribution and and there is the possibility of occurrence of their times, so , based on necessity and due to the country's scientific level and their ideology in this regard, there is a variety of definitions of cybercrime by the number of laws, organizations, and professionals, which is partly of them are different and competing with each other and these differences representing the uncertainties in the nature of such of these crimes (Ayazi , R., 2010). For cyber crime or cyber crime can be offered two definitions, one strict definition and others broad definition. From a strict view can be defined as computer crime and computer crime that only the offenses that occur in the virtual computing environment, such as pornography, defamation, harassment, etc. With this definition in which computer is used as an instrument and tool for crimes commitment are no belongs in the category of cyber crime .
But cyber crimes in the point of a broad dimension includes any act or omission on or through or by computer system which occur directly or indirectly and prohibited by legislator and Punishment is intended for it.The
contrast between these two definitions appears clearly, is that computers and computer systems are the main focus and the realization of such crimes.
Another point is that these definitions will be having advantages and disadvantages in comparison .For example , advantage of this definition is that computer crime occur but advantage of this definition is to be interpreted in favor of the defendants which is accepted , original and absolute in general criminal law (Alamdari, Ali , 2010). But the broad definition of such crimes has numerous advantages, including broad definition of these crimes causesthe inclusion of all such crimes and guarantees the protect and security people's safety .Therefore , It seems that despite the fact that the second definition is a broad definition and it is better and more precise definition but it is no comprehensive all circumstances and concludes some disadvantages , and therefore tries to combine existing definitions, a comprehensive definition provides (Farahani, Peyman , former source, p. 39).This law provides such a definition, and then define all other cases payments, and that a general definition of computer crimes act Hygvnh not present a big problem (Ayaz, R., 1389, p. 131).
2-2 Features of Cybercrime
According to the definition of cyber crimes in a certain sense, can be recognized following featuresfor cybercrime. In addition, generally can be knew cyberspace (Cyber) common in somefeatures, that by knowing of them , the nature of these crimes will be clear:
Scientific and expertise
Having the public and private prestige
Certain complex
Difficulty of determining criminal jurisdiction
Globally importance
Difficult to detect offenders
Specific victims of cybercrime
crimes, such as sabourtaz, unauthorized access , espionage, etc.). On the other hand , there is need to the certain tools and software that experts only can work with these tools . Therefore, in the phase of discovery of this type of crime need for computer specialists is required . On the other hand , taken prevention in this relation to these crimes should be technical (Khan Ali Pour, Sakineh, 1999).According to new techniques for computer crimes, there is no criminal jurisdiction at the level of international or serious law and there is common rules have dominated in national level in some countries, such as Germany. Some countries attempted to pass the new laws which in the meantime two general procedures governing:
1. Deployment location of system computer as commitment place of virtual crime (countries, such as Singapore and Malaysia);
2. Presence location of the loader and network implementation as a place of crime (such as Arkansas and North Carolina)
Despite such approaches, the main problem is the identification of the offender; because the assumption that by identification of theory seating system, open identity user criminals who use it or finding seating computers is difficult and the second phase , the problem of identity the offender is unresolved. As a result , to determine the criminal justification is still difficult . Also , in the field of competence citizenship and supporting competence and global competence, specific procedures have been adopted or dominant (JalaliFarahani, Amir Hossein, 1999).
2-3 Challenges against Cybercrime and Solutions to Removal of it :
Although , progress of information technology and communication has been applied in many commitment of traditional crimes but certain nature and features of crimes in cyber space caused that justification authorities faced with a new challenges that stated as follows :
International aspect of the issue
Definition the problem of cyber crime unit
Lack of adequate allocation of judicial and law enforcement authorities
Variability for nature of criminal evidence reasons
Particular problems in discovery phase
Lack of coordination laws of different countries
Lack of mutual cooperation
Dimensions of crimes committed in cyberspace, not only affect the sovereignty of a state's territorybut it encompasses all governments in the world. The nature of cyber crimeis that knows no boundaries of any land (Parvzi, R. 1995) . Mentioned aspects give rise to a debate including the competence and the conflict of criminal law and the commitment of offense against the countless victims . Here , we will explain question of eligibility with an example . For example, imagine a person who lives in a remote areas in one of the African countries in his small sitting room and influence into the security of information systems of German Defense Ministry continually without leaving anything track to himself and pay to steal data and key focuses. Whereas he does not know this information where is located . After the theft of information , they are likely transferred to several countries and this countries was also influenced by the consequences of this theft
.
Based on this fact , several countries are exposed to the risk of committing for such a crime and probably their claim will be raised about the establishment of jurisdiction control over the mentioned crime. Due to the priority for elements criminal commitment , beneficiary countries in such offenses to confirm that the incident is happened within its borders, they know right themselves to run the principle of territorial jurisdiction , prosecute and punish the perpetrators of crime act ( Ardabil, MA. 2001) . This kind of conflict jurisdiction of the courts of those countries , creates the important and fundamental issues in the field of cybercrime (Almasi , Nejad Ali , 2003).
3.Research Methodology
resource study in relation to research topic , related subjects taken note and has been used in order to formation the research and proving the used hypothesis . In addition, due to the lack of library resources available, related content available on internet sites has also been used. How to explain the content in this analytic study - is descriptive and comparative. In the beginning research in a variety of ways (library of Internet-judicial decisions) on the subject collected has been used .
4.Analysis of Data Collected
4-1 implementation of cybercrime
prevention strategies from the perspective of institutions
Institutions that can assume any of the branches of social and situational prevention of computer crimes they will be as follows:
Institutions of community-based prevention of cybercrime:
Any act which moves to proper exploitof cyberspace field will be assessed consistent with the prevention the goals of community of cyber circuit . So in this sense is no any limitation tothe presence the involved institutions and the various factorsand effective and civil governance and everyone can be help to promotion and development of beneficial and normative activities by their share. In this meanwhile , government as supreme executive of country act to regulate and synchronization of the line of general policies of national sovereignty regarding his duties . For example, it was mentioned that one of the ways to reduce incentives for cyber crime is providing the appropriate options to take advantage of the capabilities and facilities for communication until members think to removing the deviant motives upon arrival in cyberspaceor at least helping them to a better life to low exposure to options which fix the incentives of priority out of their formation (JalaliFarahani, Amir Hossein , 1998) . With this view, if the government launched and provide the electronic services and otherfunctions , a part of the goals of community-based prevention computer will not be achieved. Because at the same time and
a parallel with it , society people access to cyberspace more or less but with suspension of beneficial use in this space, they only think to fix their criminal and deviant motives. This topic has a serious consideration and tact from policymakers and governmental decision-makers . Because with a significant advantage of Cyber, such as privacy, anonymity and without borders of the computer user who dare substantially at the offenders and potential deviants emerged will be consistent. But the due to the specific look and by expressed the points about the performance of community in preventing the based- computer society , based on institutional affiliation of each of the cyber activists we can be hoped to the realization of the goals of these measures and generally , based on the type and amount of the role of cyber activists can be raised issue in three distinct branches:
Network service providers
E-Government services
Computer Users
For any chance , regarding the electrical government services can also be pay attention to the above arguments , although due to wider audience and a variety of government services and e-business this matter will be have double important since governmental institutions and some non-governmental will be identified as the main executer of entry into force of the regulations that the coordination and integration of these documents depends to shared principles and a great reference sovereignty. A reference to nobles to all aspects of the process monitor and to remind law violation to devices and respective institutions. For example, in the field of e- business , the one hand, society guilds provider of products and beneficiary people presence of Cyber promotions and the other hand , providers of money and services of electronic banking presence that in this regard , they offers credit and debit cards to deliver. The third side of this triangle can be said that they are users and consumers of E-business services. Responsibility if synchronization and integration of behavior concerning the activity of each one of these groups in cyberspace is on the authority that by applying the great look sovereignty to all three decisions make an appropriate law . Final group are members of cyberspace who situation of regulations consequently can be different type of users and a their interactions with computer service providers as well as e-government. For example, access to the global Internet network by internet service providers or internet cafes can be subject to certain regulations for users and at the same time by enjoying the electronic banking services or other services can be subject to certain regulations . To determine the executor institute of these regulations can be followed from ruling law on executor institutes belongs to each of service providers because in addition to observing the technical points can be established desirable and indispensable link for each domain.
At the end should be noted that mass of regulations should not be interpreted to congestion and confusion among active persons in Cyberspace for activity . It is likely
other devices and related entities should be guarantee.
2-4 Modes of Operation of the PoliceDevice InPrevention (state) of Cybercrime
Without a doubt, a huge system of prevention and fightingwith crime by the police in a physical or virtual space is similar and police has a same position in prevention of Cyber crime. Indeed, measures of police to prevent the occurrence of these crimes isnothing but situational fight and public policy, this institution not deal with other crimes. However, what makes a difference in this area is unique features of cybercrime that practices in order to fulfill of this general policy ( Icavi, Devid , J. 2004). In fact, despite common and public policy in prevention of other crimes, for the sake of substantive differences between the physical environment and the virtual space , cybercrime prevention methods also will be different. For example the crimes committed in the physical environment , typically, concentrated and has no geographical dispersion but in cybercrime, there is high geographical distribution in crime scene and far apart and in the border area in different countries in the physical environment, the presence of police is main factor in preventing, community . Shape and a combination of police cars and officers dressed as a policeman, is a threat for potential criminals . In other words, the police presence can be considered as an implicitly threat for offenders . No doubt the physical presence of police in cases where cyber crime entry of unauthorized users to perform on compute site , Play an important role in the prevention of this crime. But when these mentioned crimes committed by communication lines and via the Internet and without physical intrusion on computer will commit, can be preventive measures in this virtual space imagined and realized?
It seems that in such circumstances , police can be attended by patrol and care and threatened potential criminals . In order to do this, tools andspecial methods requiredwhich familiarity with them for patrols of computer networking combat units in Cyber Crime
Police Organization is necessary. Patrol and care for a suspect in a virtual space is not an easy task and any police department though powerful is no capable of doing it . But , for this work , It is not necessary to do this, governmental multi-pectoral collaboration and non-governmental is necessary . In this stage of the work , proper interaction and cooperation between the police service and communication companies shows their special important . Today, there is a strong software is in hand of police which is acted like alarm systems and police or security officials will be aware from any imminent threat to conduct crime in cyberspace and possible of prevention of these crimes will be provide for the police.In addition, this software categoryidentify authorized users that can be access to all non-authorized with failure to comply with relevant provisions related to classification . Also , these software puts the required specifications in the hand of police . Many systems also record information related onsuccessful or unsuccessful effortsat the entrancesystem. Also , there is ability to identify unauthorized persons which has repeatedly typed incorrect password into the keyboard. Of course, if a unauthorized user has required information to login will have be influential in the computer files containing the password , therefore , these capabilities is lost. Another crime prevention practices for years which perform by the police is public education and to identify and provide special training to individuals and organizations that may be are exposed to cybercrime. In fact, the use of this manner is effective as in the prevention of crimes committed in the physical environment .in this study, it is necessary to study of this field more than anything else has to be felt.
3-4 The Position of Prevention Institutions inIran's Cyber Laws and Regulations
measures to organize tens and retributionof a variety of measures that can beanalyzed . In this words, those policy rules and regulations will checked that the issue of institutionalization of prevention of computer crimes is concerned (in particular Computer Crimes Act).
Macro policy on the institutionalization prevention of computer crimes : In accordance with paragraph (1) of Article (110) of the constitution in our general policy conditions and monitoring system and its implementation is the responsibility of leadership positions . At the end of same principle has been referred to that leader can be delegate part of duties to someone else . After Islamic Revolution, the order of Imam Khomeini (RA) initially Cultural Revolution Supreme Council established which Specifically, it observed the higher education in country , but in 2006 follow the orders of the Supreme Leader , The council's mission expanded considerably .So it can be said that the task council's general state of the country's cultural policy is under the supervision of the Supreme Leader.
Legislative Policy on
Institutionalization Prevention of Computer Crimes: in relationship with the role of the legislative branch of institutions in prevention of computer crimes can be passed two bills of fluid that can play a significant role : a bill to prevent crime and computer crime bill.
Executive policy on institutionalization prevention of cybercrime:
in relationship with the governmental regulation observing the institutionalization of the prevention of computer crimes can be noted to 3 approval of the cabinet:Strategic security information exchange space, regulations supply distribution supply and national Internet and Intranet services and regulations organizing information bases Iranian Internet.
Cyber police's and Iran’s Information Exchange :Brief name feta is a specialized unit of force of Police Islamic Republic of Iran In 23 January 2011 began to work and the its duty was to deal withCyber crime, fraud and forgery in cyberspace and the protection of secrets in national network on the
Internet.Creation the “ Fata “ police is no means to creation the limitation the restricting for the people and interference in their privacy space but it is prediction of new crimesin new areas of Internetand social prevention . This can be referred to the reaction of police to the publication of Stuxnet Computer Worm and also , deal with control of Cyberspace by opponents of the Iranian government ( after unrest Iran and after announcement of election results in 2009). Dimension work of this police is dealing with cybercrime such as moral economic problems , and even terrorism.
The role of people in prevention of Cyber crime:People themselves reveal their information in the virtual space In other words, people who has no enough information about internet and without notice, action to chat with people are unfamiliar. These people put their information into available of these people .Thus , the people hacked by expert people and their personal information put at their disposal.Also , sometimes people to buy a product from a site, and their password of acceleration card Will be access to the operators of site and causes that operator taken from card after action to internet payments of including tuition and bills, remove your password on the system or any others that are not exploited.
The action taken recently by the Ministry of Commerce was carried out in order to control and supervision on internet site in business active and online services to offer users, sessions between Feta police and the Ministry of Commerce was held and providers of internet service and activist in trading under police surveillance will be organized.
4-4 Institutions forPrevention of Cybercrime in International Documents
some , so , with the logging of this category has refused . In fact, " one of the highlight features of Cyber in a wide space is lack of a unified custodian for development of infrastructure and operational tools throughout the world , each person according to his inclination and ability can grow and improve in this space and play an important role.
However , growing of threat caused by various abuses of cyber and many physical and spiritual losses reached to a point that they are gradually come to healthy this space, and minimizing the threats , some efforts made in order to the formation of policy makers , planner and executor to adopt of strategies and concerted strategies and joint action gains in the regional and national arena( ParvizYaghubi , Majid Mohammad Vali , 2013) . The important point is that "in accordance with crime prevention advice and due to the complexity and specialization of computer crimes and at the same facilitation of commission of the crime,better prevention depends on the responsible participation and accompanying of non-governmental institutes with government in the process of the prevention of crime ( RajianAsli , 2014) . Therefore ,organizations and private institutions that their activities related to the somehow Cyber space can be participate in management of this space with the government and responsible institutions on behalf of it . Another point is that “ on management and monitoring of government on environment has been emphasized in prevention guidelines of UN crime “ . Also , in paragraph (C) Article 1 of the Convention Budapest 2001 has been referred to the "Service ProviderCyber "and assuming it as a part of the managerial bodies In regulatory cyberspace . This term includes followingitems :
Providing a private or public collectionwhich provides the possibility of connection through the computer system for users .
It is a same collection which processes or stores computer data instead of providing the communication services or users of such services .
In the report of Budapest Convention 2001 has been referenced and expressed to the participated Ministers Justice who actually representative of his government “ ministers of justice European announced support again by Resolution No. (1) at twenty-first conference which were approved (Prague, June 1997) and suggested to the committee that the work CDPC on cyberspace crimes for proximity regulations and criminal law policy to each other and the use of such offenses is an effective means of seeking their support" .
5. CONCLUSION
indispensable link between them . In relation to the growth-oriented prevention should also be noted that the first thing that execute institutions in growth-oriented preventive measures should be note is that removal maximum of this relative gaps and understand the needs of the new generation in cyberspace In other words, at time of deciding for children interaction with this space should be considered their conditions and their lives in this new world as a criteria rather than their circumstances. Growth-oriented measures and more effective should be make and state . In this phase of work , existence of interaction and participation has an important role between communication companies and police . In this stage of the work , proper interaction and cooperation between the police service and communication companies shows their special important . Today, there is a strong software is in hand of police which is acted like alarm systems and police or security officials will be aware from any imminent threat to conduct crime in cyberspace and possible of prevention of these crimes will be provide for the police.In addition, this software category identify authorized users that can be access to all non-authorized with failure to comply with relevant provisions related to classification . Also , these software puts the required specifications in the hand of police . Many systems also record information related on successful or unsuccessful efforts at the entrance system. Also , there is ability to identify unauthorized persons which has repeatedly typed incorrect password into the keyboard. Of course, if a unauthorized user has required information to login will have be influential in the computer files containing the password , therefore , these capabilities is lost. Today, gradually and despite weaknesses in legislation, but comes some institution . From among these institutions can be refer to the police with an ability to use the software which provide him with powerful tools for patrols and air surveillance in virtual space play an important role in the prevention of Cyber crime. Proper collaboration and interaction among telecom companies which offers
services and police can prevent the process . Public education as well as identifying and providing training certain individuals and organizations that are likely will be exposed to cybercrime Is another way to prevent these crimes. In connection with the institutionalization prevention of computer crimes in our country , various devices sovereignty more than that applicable to a logical conclusion and they've proven their superiority on consolidation. And in parallel privacy regulations are inconsistent with each other more confusion practitioners to it and even the rights and freedoms provided legitimate citizens faced with problems. In relation to social preventive measure in The current situation can not be certain result acquired. For the dispersion of policy and decision, the formation of a single set of links with healthy huge collection of cyberspace in the country will not be provide. But in view the growing trend of crimesCyber training necessary expertise tospecial police officers to prevent of these crimes seem necessarywithout a doubt one of the reasons for this lack of law. The entry into force of the crimes committed inthis space is allowed because the law passed a special law enforcement in this areamust all work as a bailiff in order to prevent these crimes which take place in the country.
Proposals to Strengthen Procedures of Institutional Preventive associated with Cybercrime are as follows:
1. Creation the prevention police of computer crimes in the preventive police
2. To equip the preventive police to the specialized and planned software in order to carry out patrols and tracking the suspects in cyber space (to do this action , multi-sector cooperation in governmental and non-governmental is necessary) .
3. The interaction and cooperation between telecommunications companies and police and international communication (no doubtany organization or police although powerful will not be able to run an errand prevent of computer crimes only .
Prevention of countries with such police (such as most European countries and America).
5. General and specific training through: the preparation and set up security warnings in order to promoting information and awareness of victims , , short-term training police enforcement to prevent such missions, predicted two training units prevention of computer crimes at the University of Police
6. Suggestion about the prediction of the law articles in the bill to prevent crime in order to regulate the interaction and cooperation of all government departments and public involved information technology with Police Station, under Supreme Council of computer-based crime prevention police
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