How to combat against Cybercrime?

Mar 22, 2021Information Technology Law

Omur Boyu Ehliyet Donemi Sona Erdi

The most effective ways to combat against Cybercrime:

In this article I will share with readers my idea for effective and secured Information System which is the most effective way to combat against cybercrime and other details that need to be followed to achieve this goal.

1- It is a prerequisite to establish the Information Security System controlled by government and specific governmental authority and legal obligation for citizens to obtain IT licence issued by this authority like driving license for being able to use Information Technologies (Computer and Internet, Information handling).

2- Obligotary education and examination aiming to educate citizens about how to use Information technologies, Internet,how to communicate through information technologies safely ,which security measures should be taken into consideration while using these technologies and how to protect own privacy, data and communication also protect others by both not being victimized or not causing victimization of others.

After this education, citizens who pass successfully exam and obtain their IT license, given by governmental institution will have a right without any restriction to use all tools enabling usage of Information Technology.

Others who failed this exam will have a right to pass this exam again however can`t use computer and Internet until they pass. The aim of this project is emphasizing that Unconscious and ignorant users of Internet are the biggest threats to Information Security and Society and better not let them use it till they understand the importance and positive effects of IT that they are used to use daily .

The logic is very simple; if you want to use it, first you have to know how to use it.

This exam shall consist of theoretical and practical sides testing civilian`s IT ability and knowledge to make sure the ability that he got is good enough to use IT appropriately, securely and both for not being victimized and not causing someone`s victimization due to their fault.

3- Each citizen has to have a IT identification number such as ID number and his unique password like Citizen E-signature to be logged in into his unique account and use Information technologies such as Internet, E-Mail and other IT related facilities in such manner.

4- Each citizen has a responsibility on his own account and activities in his account and should take all reasonable measures and protect themselves against cybercrime and all illegal activities in cyberspace and they shall be held liable for their illegal activities or their negligence causing not only their victimization also victimization of others such as illegal access and use of their account for illegal activities and or unauthorized assumption of IT identification number and access password by someone due to their negligence.

5- Civilians,attemping to use IT facilities without having IT license or not using it properly and causing disorder in cyberspace should be punished with enough administrative and criminal sanctions including suspension of IT license for definite or an indefinite period of time.

6- International Integration of education system for IT license system is must and there is a necessity of establishment of international authorized institution as an authority over this system and form of technical and legal infrastructure for accessing to this system worldwide by harmonizing regulations of different countries and establishing common rules accepted worldwide.

7- Integration of hardware and software programmes to IT license system or produce of new programmes, requiring IT license number and password to be able to use these programmes.

8- The control and patrol over the cyberspace by not only classic law enforcement officers in traditional ways but also by unique cyber security division, consisting of cyber polices doing their regular control of identification and IT license over the internet.

9- This IT licence project should be financed by the governments and adequate resources must be put into this project to succeed with achieving conscious information society and secure and assured information handling in society. Costs for integrating and improving security should always be compared with what it would cost not to do this and how society pick up the bill.

10- This IT license shall be very important for civilian`s academic and professional reputation and people without having this license shall not be entitled to work in public and private sector and have good positions due to their inability of use of IT and lack of this license.

11- The information technology sector is growing fastly at huge rate. As the information technology grows, knowledge of IT and Information Security has to be updated and renewed regularly according to fast developments in Information Technology and new threats against Information Technology. In this concept the validity of IT license shouldn`t be for an indefinite period of time and civilians having this license have to be examined regularly to asses their potential and IT knowledge according to new developments of IT.

12- IT license project needs to be regulated in a specific regulation covering all aspects of this issue including authority, examination, patrol, material etc. to ensure there is no any legal loophole left .

Finally I would like to say something about International cooperation in cybercrime that is still not effective due to some regulations differences and long procedures.

International cooperation in cybercrime is prerequisite due to it`s international dimension in order to react effectively because generally criminals do not need to be present at a place where the victim is located. The think that should be taken into consideration in international cooperation regarding cybercrime is immediate reaction to the cybercrime. “Especially when it comes to this issue the traditional instruments of mutual assistance do not, in most cases, meet the requirements regarding the speed of investigations in the Internet.

If we want to fight effectively against cybercrime, first we have to understand each other and follow the common rules and procedures enabling to investigate and take appropriate measures against cyber criminals on time for achieving this goal and establishing strong cooperation infrastructure.

Even though theoretically perfect national legislations and international agreements regarding mutual assistance against cybercrime exist , unfortunately in practice investigations that require mutual legal assistance do in general take even longer due to the time consuming old formal requirements or lack of enough Information and Communication Technologies [hereinafter ICT] knowledge in the communication of the law enforcement agencies.

This situation clearly shows us that it is not only enough to make perfect legislations and signing international agreement against cybercrime. Legislations or any Agreements prepared by legislators are generally regulating the issues and drawing the perfect picture in theory by not leaving any legal loophole. When it comes to implementation of these regulations, many problems occur due to the human factor. Because for sure all law enforcement agencies consist of people and they implement and interpret the regulations like how they understand. In this point it is necessary to highlight again the importance of education of people in this area and the community consciousness.

The main goal is to educate perfect people for implementing perfect legislations. If both of them are not perfect there is no sense. Lack of knowledge of a police officer in ICT can cause delay in investigation regarding cybercrime and nothing can prevent this delay including perfect legislation or any other international agreement.

From my point of view before looking upon this issue internationally, first each country locally has to take appropriate measures in ICT as a first step and harmonize these measures and rules according to their society`s expectations and features and later make sure that the system is enough effective and at least ready to protect itself against cybercrime by highlighting the idea that “first make your ICT system and infrastructure ready, secure and effective against cybercrime, your civilians educated with ICT knowledge later take into account this issue internationally and find common solutions regarding cybercrime threatening the entire world .

Av.Özgür Kurucuk

Attorney at Law

WiklundKurucuk Law Firm

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