Attacks made on purpose of deliberate harm to individuals, institutions or organizations over the internet by means of communication tools such as computers, mobile phones and tablets are now included as a crime in the TRNC.
It is a crime to access, interfere, disrupt, delete, change, prevent the information system or information data illegally with the enforcement of the Informatics Law, which is expected to be discussed in the Republican Assembly tomorrow; those who commit an IT crime will be sentenced to prison, fines, or both prison and fines.
In the law, Fines from 6 to 200 times the minimum wage, and 1 to 10 years’ imprisonment were also determined. The heaviest punishment will be given to crimes related to child pornography. The predicted prison sentence for this crime is 15 years.
THERE ARE REGULATING FOR THE PRESS… BRANCH INFORMATION REQUIRED FOR NEWS SITES
The law also includes regulation for the press. Imprint information will be required for all news sites on the Internet. Access to unidentified news sites may be blocked. Location providers will install a warn / remove system for complaints. This arrangement envisages that the issue can be resolved without moving to judgment.
Unauthorized access to computer systems and services, computer sabotage, computer fraud, counterfeiting, unauthorized software, misuse of personal data, pretending to be a fake person, illegal broadcasting, terrorist activities, child pornography, hacking, intellectual property, software and database violations of rights will be covered by the new cybercrime law.
Access to publications made with the intent of damaging, intentional direct or indirect physical or mental harm intent will be blocked. A court order will be required for this, but terrorism; In exceptional cases such as child pornography and illegal betting, the Information Technologies and Communication Authority (BTHK), which is the authorized institution in this regard, can stop access to broadcasts.
In case of violation of privacy, such as the loss of personal and confidential data, or illegally acquired or published, access to the court may be prevented by decision.
The court will make its decision on the principle of proportionality. The expected benefit to be achieved by blocking access, and if not, the damage to be caused will be evaluated.
While protecting the interests of a person or the interests of a small group, it will not be possible to block access in a matter that is likely to harm many people. It will not be decided to block access, in a way that restricts fundamental rights and freedoms in a way that is contrary to the Constitution.
Oğuzhan Hasipoğlu, Chairman of the Legal Political Affairs and Foreign Relations Committee, where the IT Bill was discussed and unanimously made statements to the Turkish Agency Cyprus (TAK).
Hasipoğlu said, “Because of the legal vacuum, the police cannot intervene, and those who complain about informatics crimes were said to be ‘no laws’. There was no authorized institution to block access. Now, BTHK will be the authorized institution to block access. Freedom of expression should not be a concern. The law states in which cases access will be blocked. Fundamental rights and freedoms cannot be touched. In case of violation of the privacy of personal life, such as the loss of personal and confidential data, or the illegal acquisition or publication, access may be prevented by court decision. ”
Stating that the personal environment has become more difficult to protect due to the dynamic nature of the internet environment, Hasipoğlu said, “Our aim is to enable our people to benefit from information technologies in a secure environment and to receive or receive services”.
Oğuzhan Hasipoğlu also said that the law regulates the procedures and principles that will prevent the activities, abuse and misconduct of information systems, networks and data.
Oğuzhan Hasipoğlu, who stated that there are also regulations regarding content, location, access and mass use providers and the obligations and responsibilities of internet news sites, stated that it would be obligatory to have contact information on all news sites.
Hasipoğlu said that BTHK may block access to unidentified news sites.
Stating that the rules on intellectual rights, rights violations on the software and database will be applied 3 years after this law comes into force, Hasipoğlu said, “The aim is to enable the legislation on copyright infringements to be completed. We envisaged a transition period. ”
Oğuzhan Hasipoğlu said that with the enforcement of the Law on Informatics Crimes, other relevant laws such as Criminal, Press and Copyright rights should be changed.
WHICH INFORMATICS CRIME?
Hasipoğlu said that those who enter and interfere in the informatics system or informatics data in an unauthorized, unauthorized or criminal manner may be imposed on money and imprisonment.
Oğuzhan Hasipoğlu, who established a fake site for fraud or to deceive others and who provided information and received information to obtain benefits, also said that those who committed fraud in credit cards or debit cards will also be punished.
Stating that the search, copying and confiscation activities in information systems and software are carried out by the police, but they also go to the regulation on this issue, Hasipoğlu said, “The examination of the confiscated information system or data and the copying of the data cannot be carried out without a court decision.
The confiscated information systems or information data will be returned to its owner within 3 months of the lawsuit opening. This period can be extended by the court for a maximum of 6 months ”.
18 MONTHS PERIOD TO CONTACT THE INTERNET NEWS SITES WITH CONTENT, LOCATION, ACCESS AND COLLECTIVE USE PROVIDERS
Oğuzhan Hasipoğlu, who also provides information about content, location, access, and regulations regarding the obligations and responsibilities of mass media providers and internet news sites, added:
“Content providers producing all kinds of information and data will be held responsible for the content they make available. Providers who provide the environment in which the content will be presented will not be responsible for content that does not belong to them. However, the hosting providers will be obliged to prepare an environment for the content in which people can file a complaint. With this system called alert / remove, the data subject to the complaint will be processed.
Those identified as access providers will not be responsible for the content that internet service providers access, but, by law, will be held responsible for holding traffic data and also fulfilling access denial decisions.
Public use providers, who provide the Internet to people for a certain period of time, will be responsible for keeping the information needed to find the offender in the investigation in case the people who use the internet commit a crime.
The place, access and mass use providers and internet news sites that were in operation at the date of entry into force of the law will be obliged to fulfill their responsibilities within one and a half years (18 months). ”
Stating that it can be decided to prevent access by criminal and civil cases, Hasipoğlu explained how the process will work with these words:
The decision to block access will be made to prevent significant damage. The decision to block access will be made in cases where it is clear that the violation of the law will not be eliminated by any other measure than the access barrier and the principle of proportionality will be taken into consideration. With the decision to block access, the expected benefit and the probable loss will be evaluated. While protecting the interests of a person or the interests of a small group, it will not be possible to block access in a matter that is likely to harm many people. The decision to prevent access will not be made in a way that will result in the restriction of fundamental rights and freedoms in violation of Article 11 of the Constitution. ”
Oğuzhan Hasipoğlu, terrorism; child pornography; Electronic bets other than those authorized under the Common Betting Regulation; He stated that BTHK could block access without a court decision in cases where its delay is inconvenient, in contrast to the disclosure of the secrets of banks or customers, contrary to the TRNC Banking Law.
“In this case, it will be a condition to apply to the court within 24 hours following the denial of access, and the decision to block the denial of access will be removed,” Hasipoğlu said.
APPLICATION ADDRESS ON IMPORTED NEWS SITES BTHK
Recurring that he will be obliged to keep the name of the internet news sites, the Editor-in-Chief or other responsible persons, the address of the broadcasting center and the contact information on personal record, Hasipoğlu said, “BTHK will be able to remove the access to unidentified news sites upon written application, but the complainant will have to apply to the court within 2 business days. If he does not apply, the decision to block the access will be removed automatically. ”
What about penalties?
Chairman of the Committee, Oğuzhan Hasipoğlu, fINES 10 to 20 times the minimum wage, up to 5 years of imprisonment, or imprisonment for illegally accessing, interfering, disrupting, deleting, changing, preventing the data or information system. told.
Hasipoğlu noted that those who forge fraud on information data, those who commit fraud through the information system can receive fines 100 to 200 times the minimum wage and 8 to 10 years in prison.
Oğuzhan Hasipoğlu stated that by capturing the bank, account, credit card or customer information belonging to someone else, those who benefit from this can be fined up to 120 times the minimum wage or up to 10 years in prison or both.
Emphasizing that reproducing, modifying, distributing, selling, publishing an idea, artwork without permission through information systems, Hasipoğlu stated that those who commit this crime can be fined up to 6 times the minimum wage or up to 1 year in prison or both.
“AN IMPORTANT LEGAL CAVITY WILL BE FILLED …”
Reminding that the bill has been waiting in the committee for a long time due to the changes in the government and the lack of consensus, Hasipoğlu said, “It is important that the bill, which has been discussed for about 5 years, passed through the committee unanimously. An important legal gap will be filled in the country. Those who commit the crimes of informatics and create serious grievances are professional. ”