Information Technology Law

Information Technology Law

The Information Technology law is a new branch of law. In this branch of law, it is possible to say that all crimes committed online are made possible to be sanctioned and in this context, it is aimed to make people feel safe in the internet environment. It is possible for people who are faced with any cybercrime to request any legal advice and attorney services within the scope of our Information Technology law attorney service and to remedy the violations faced in this context.

Information Technology Law in Turkey

There are two basic systems in the current comparative law for purposes of regulating the cybercrimes. Legislators either arrange a separate special law or introduce new regulations into the current criminal laws for purposes of covering all the crimes committed in this field. In this context, it is possible to say that the countries that regulate these crimes within the current criminal laws either enacted a new law, or added a special and separate section regulating these crimes into the law or added new articles to the existing law. Our Information Technology law attorney service is organized in this context.

The effects of development of the information and communication technologies and their common use in the field of law are enormous and important. In this context, it is possible to say that information and communication technologies make the legal proceedings suitable for fast and complex editing.

Especially in recent times, mobile-to-internet access has become practical, further increasing the interaction in technology and law. In this context, a unique field of law has emerged as well. In the context of our Information Technology law attorney service, it is possible to say that this branch of law, which is called as Information Technology law, intersects with both public and private law, and thus has a dynamic structure. Thus, it will not be wrong to say that there is a correlation between technology and the information technology law. In other words, the scope of information technology law will increase and develop as the technological developments increase.

In particular, the Information Technology law that is a branch of law, in which there are the legal issues related to the information technologies and in this context, aims to eliminate the legal issues, is a current branch of law. The crimes identified with the concept of “IT crimes”, which are included in the scope of cybercrimes in our country and which cause a request for our Istanbul Information Technology attorney service, and the details about such crimes are described below. It is possible to say that such crimes are regulated and described in Articles 243, 244 and 245 of the Turkish Penal Law.

In a report published jointly by the European Union and the United Nations Commission, they examined cybercrimes under 6 main articles:

• Pornographic publications;
• Sabotaging PCs;
• Bad posts that contain insults;
• Again, committing fraud by using PC and the internet;
• Decoding and using legally protected software without permission; and
• Other crime elements:

• Illegal publications;
• Access by the computer systems without any authorization; and
• Cheating other via PC.

What Are the Cybercrimes?

• To seize users’ personal information;
• To make any disturbing statements in the online environment;
• To send users any insulting, abusive or obscene contents;
• To make the system unusable and make attacks and attempts for this purpose;
• To steal information;
• To damage the system by causing virus infection; and
• To commit identity theft or fraud over the internet or through information tools.

Crimes Committed via Internet

Information Technology is the transfer of information using electronic and technological means. In this context, the concept of Information Technology refers to the transfer of information through similar tools such as computers, POS devices, tablets, mobile phones, etc. It is possible to say that the social media accounts such as Facebook, Instagram, Twitter, YouTube, etc., and email and the applications such as WhatsApp, Telegram, etc. are accepted as the Information Technology systems. The term “Information Technology Law Attorney” is used to state the lawyers, who deal with the crimes committed on the internet and private law (divorce, compensation, etc.) disputes in which the Information Technology systems are used. The Istanbul Information Technology Lawyer is also known as cybercrimes lawyer, internet lawyer and similar names.

It is possible to prove the crime of entering the Information Technology system and to identify the IT address used in this context, or if any, to determine any other technical aspect of the event only by means of the examinations to be conducted by the Information Technology lawyers. There is an exception to this situation: if there is or are any witness or witnesses, who witnessed the act of the person who committed the crime of entering the information system, such persons may be heard as witnesses in terms of proof of the cybercrime. The Information Technology lawyer should prepare the claim and defense not only based on technical evidence, but also by taking the statements of the parties and the witness statements into account.

What are the Services provided by the Information Technology Lawyers?

The Istanbul Information Technology lawyer deals with the following cybercrimes, which are regulated in the Turkish Penal Law No.5237, but are not limited to:

• Crime of entering the Information Technology system (article 243 of the Turkish Penal Law);
• Crime of using the forbidden devices and software (article 245/a of the Turkish Penal Law);
• Crime  of abusing a credit or debit card (article 245 of the Turkish Penal Law); and
• The crime of blocking, destroying or making the system inaccessible, destroying or modifying data (article 244 of the Turkish Penal Law).

Internet Content Removal Operations

It is possible to remove contents from internet or to block access to the existing contents, after a decision is taken upon the application made by the lawyer to the criminal judge of peace, if the conditions are met. The conditions for removal of contents such as pictures, comments, news, videos, etc. published online are regulated in Law No.5651. The Information Technology lawyer may remove the contents published online or block the existing access to the relevant section (URL) of the website containing the contents subject to the lawsuit:

• Removing the contents or blocking the access due to violation of the personal rights;
• Removing the contents or suspending the access service due to violation of Law No.5846 on Intellectual and Artistic Works;
• Blocking the access due to public interest and order;
• Blocking the access due to crime;
• Removing the contents or blocking the access due to violation of privacy of personal life; and
• Removing the contents or blocking the access due to the use of the right to forget on the Internet.

The Information Technology lawyer may block the access and remove the contents for any reasons such as committing a crime on the social media such as YouTube, Facebook, Twitter, Instagram, etc., violation of privacy of the personal rights and life, right to forget on the internet, requiring a public interest, etc. by applying to the criminal judge of peace.

Effective Methods of Combating Cybercrimes

The main reason why cybercrime has become widespread recently is that the internet has become easily accessible including mobile phones. In the context of the services provided by us as the Information Technology Law Attorneys and Istanbul İnformatics Lawyers, it is possible to say that these two situations are in a close correlation. The combat methods developed in this context are as follows:

• The software installed on smartphones or other devices must be downloaded from a reliable source;
• Both antivirus software and operating system must be up-to-date and licensed;
• The password of the modem you are using must be known only by you and should not be shared with others in this context; and
• Links that come from people not known by you in e-mails must not be clicked.

In the scope of our Information Technology Law Attorney service, it is necessary to pay attention to the above-mentioned situations to combat cybercrime. This is the most necessary way of preventing adverse situations due to the use of a reliable device.

As stated earlier, the common use of the internet has had positive results as well as negative results. In this context, the main negative result that can be addressed is the problem of trust.

The increase in internet-related crimes and the acceleration of the victimization among individuals in this context have caused us to take great care in the context of the services provided by us as the Information Technology Law Attorneys and Istanbul İnformatics Lawyers.

Regardless of the cybercrime encountered by you and regardless of the size of your aggrievement, it is possible to say that we offer both legal advice and attorney services in the context of cybercrimes to solve the problem encountered by you and to eliminate the aggrievement incurred by you in this context. However, to find a solution to your problem, it must not be overlooked that we must know the source of the problem firstly, and in this context, all details about the problem must be communicated to us. In the context of our cybercrime lawyer or legal advice services, this is the most basic condition that we must achieve a result that will be in your favor.