How Lawmakers should understand the Cybercrime?

Mar 22, 2021Information Technology Law

Omur Boyu Ehliyet Donemi Sona Erdi

How Lawmakers should understand the Cybercrime ?

Lawmakers in law making process should consider technological neutrality and have to criminalize new unique cybercrimes or traditional crimes committed through the use of ICT in new way and with different approach.

Unlike crimes that have been covered by criminal law for centuries (such as theft or murder), the computerisation of offences is relatively recent, as computer systems and computer data were only developed around sixty years ago.

The effective prosecution of these acts requires that existing criminal law provisions not only protect tangible items and physical documents from manipulation, but also extend to include these new legal principles.

Computer network technology can change the manner in which individuals commit crimes and the types of evidence that are needed to investigate those crimes.

Many judicial systems have discovered that laws created decades ago do not clearly apply to new types of criminality.

There is a big essentialness for establishing common and unique rules and mechanism in law systems and jurisdictions, harmonizing law with technology, by cooperating with technical experts such as computer engineers, internet security experts and even hackers in law making process related to ICT and analyzing technology-based problems from different perspectives.

I will touch upon this process later by giving my suggestions about how to combat cybercrime efficiently in terms of law enforcement, analysing necessity of international cooperation and trying to find unique solutions against cybercrime such as ICT Courts that are specialised in Cybercrime and consists of judges with ICT knowledge and will ask question does it make sense to have a specialised courts for internet or technology disputes?

Taking urgent measures is a big essentialness before cybercrime harms much more society, national security, economy, rising generation and makes people scared about using technology, even touching the button of computer, making this environment more dangerous and preventing technological and social development of society.

As William C.Boni and Gearld L.Kovacich observe that “Although computer crime has existed for decades, some experts believe that computer technology today is roughly where automotive technology was in 1905 and that we have not yet seen the full extent of computer-related crime”. ”As the virtual fog begins to lift, it is apparent that these are still early days in the lives and times of cyberspace.

As many experts believe, this is just beginning and they will become more and more dangerous, aggressive, advanced if someone will not limit them.

In this manner I totally agree with what Jonathan Winer “Former United States deputy assistant secretary of State in the International narcotics and law enforcement arm of the United States State Department has said `We have created an information super highway without speed limits and without traffic controls.`”

“…We are simply coming to terms with the phenomenon of cyberspace, and that we are acquiring a much more realistic understanding of it`s impact. Consequently we should not underestimate the potential harm of cybercrimes or play down the importance of the need to understand them, especially within their individual contexts.”

International cooperation in law making process, procedural rules and making these rules enforceable transnationally is must by providing common comprehensions in understanding of cybercrime, the types of cybercrime and making lawmakers looked upon this area broadly emphasizing principe that “you are not far away from this threat and inevitable to act as soon as possible before this Frankenstein harms and finally destroys it`s creator”.

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Özgür KURUCUK Attorney at Law

WiklundKurucuk Law Firm

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