Article 5: “If the governmental officials, who are responsible for protecting secret data (as determined by Article 3 of these laws) or the related systems and have received appropriate training for this and the data or computer systems have been left in their control, may provide the access to the data for some unauthorized individuals as a result of their carelessness, recklessness or failure to observe the security measures , they will be sentenced to prison terms of between 91 days and two years ,or to paying a fine of between five million rials and 40 million rials; or both punishments. They could also be suspended from their government sector jobs for a period of six months to two years.”
The crime discussed in this Article of law is about governmental officials who are the protectors of the secret and confidential data.
Question: Which criteria determine whether or not this crime has actually taken place?
Answer: A) When unauthorized and incompetent individuals (persons who are not entitled to access the secret data) can access the secret data.
B) When these secret data were protected.
C) When governmental officials were responsible for protecting the secret data.
D) When these governmental officials had received special training for doing this job.
E) When the governmental officials had been careless or improvident, or perfunctory, and had not observed the security rules.
Imprudence means that the official did not do his duty.
Carelessness means the official did not do the actions that he supposed to so.
F) Failure to observe the security measures means that the official did not carry out the action which is necessary to ensure the secret data is secure.
The presence of all these conditions together will point to the actual occurrence of the crime mentioned in Article5. There is no intent for committing the crime in none of these three cases: improvident, perfunctory or the failure to observes the secure measures.
The punishment for the offender is at least 91 days and the maximum of two years imprisonment or paying fine of five million rials up to four million rials, in addition to suspension from their jobs for at least six months and a maximum of two years.
Article 6: “Anyone who commits the following acts is considered as a forger and will be sentenced to one to five years imprisonment or payment of a fine from 20 million rials up to 100 million rials, or both of the punishments.”
A- Modifying or creating reliable data and documents, or adding fraudulent data to them.
B- Altering data or symbols on memory cards and processing systems in the computer or telecommunication terminals, or adding fraudulent data to them
The subject matter of Article6 of the Cyber Crime Law is the computer forgery, which has been discussed in the debate about crimes against the veracity and validity of the computer and telecommunication systems and terminals.
Computer forgery means:
*Modifying the data in memory cards.
* creating new icons and signals in memory cards
*changing the processing cards in computer or telecommunications systems or chips.
* creating new icons and signals in computer or telecommunications systems or chips.
*Entering data fraudulently into memory cards.
* Entering icons fraudulently into memory cards
*Entering fraudulent data on processing cards into the computer or telecommunications systems, or chips.
* Entering fraudulent icons and signals on processing cards into the computer and or telecommunications systems or chips.
*doing the above action without legal permission (unauthorized).
Significant point No.1:
The law has not clarified: First- what does the legislator mean by saying that “some actions such as entering data and icons fraudulently is illegal”?
Secondly, who is the authority to issue permission for changing or creating data or signals and icons? Moreover, where is that authority?
It is obvious that issuing authorization for forgery or falsifying data or signals in memory cards or … and committing a criminal act do not have any legal justification.
Significant point No.2:
Two situations have been foreseen for the computer forgery crime by this Article:
A- In the first part, the legislator emphasizes on forgery of data which can be used as valid documents.
B- In the second part, the legislator has focused on forgery of all of data or Icons and signals that exist in memory cards or the processing data and of the computer or telecommunications systems or chips. .
Question: What is the meaning of data that can be used document?
Answer: The data that can be used as documents means those which have legal validity, and they are named as electronic documents in the law. These documents are valuable as proof. These documents and data can be used by judicial authorities, registry offices and … in order to provide a proof for a legal event, such as trade transactions, or contract signing, etc…
Feb 26, 2018 Comments Off on Iran detains three more activists after Iranian-Canadian dies in jail
Feb 14, 2018 Comments Off on The Guardian: Iranian intellectuals call for referendum amid political unrestSaeed Kamali Dehghan Iran correspondent Wed 14 Feb 2018 A group of prominent Iranian intellectuals have said they have lost hope that the Islamic Republic can reform, and have called for a referendum to establish whether the ruling establishment is still backed by a majority. A day after Iran’s president, Hassan Rouhani, touted the idea […]
Feb 12, 2018 Comments Off on Iranian intellectuals call for a UN sponsored referendum to choose a new system of governanceFifteen Iranian public intellectuals dismayed by four decades of the Islamic Republic rule, in a statement released on Sunday to coincide with the 39th anniversary of the Iranian Revolution of 1979, call for a UN-sponsored referendum for Iranians to choose a new political system for their country. The group of intellectuals which include internationally renowned […]
Feb 05, 2018 Comments Off on Iran protests are fire under ashesLONDON, United Kingdom (Kurdistan 24) – After heavy government crackdown, the seemingly spontaneous nation-wide protests in Iran have been silenced, but a Nobel Peace Prize winner says the rage is ever present and will flame up at the next chance. Late in December 2017, Iranians took to the streets to protest the sluggish economy. The […]
Jan 12, 2018 Comments Off on FOUR NOBEL PEACE LAUREATES URGE IRAN TO RESPECT THE RIGHTS OF PROTESTERSOttawa – January 11, 2018 Nobel Peace Laureates Shirin Ebadi, Jody Williams, Leymah Gbowee and Tawakkol Karman, urge the Islamic Republic of Iran to conduct credible independent investigations into the use of violence, especially lethal violence, and mass arrests in reaction to protests held in 75 cities across the country, beginning on December 28, 2017. […]
Jul 08, 2017 Comments Off on Report by the Centre for Defenders of Human Rights to the UN Human Rights Special Rapporteur regarding the inspection of Evin Prison by foreign ambassadorsFriday 7 July 2017 – 16 Tir 1396 In the wake of the publication of the news about the visit to Evin Prison by 50 ambassadors of different countries, the Centre for Defenders of Human Rights has sent a letter to the UN Human Rights Special Rapporteur on the situation of human rights in the […]
Apr 13, 2016 Comments Off on Guidelines for a transparent and merit-based system for the appointment of high level judgeFor the full report in English click below link: Guidelines for a transparent and merit based system for the appointment of high level judge
Jun 04, 2018 Comments Off on Human rights situation in Iran from 21 April to 21 May 2018In continuation of its monthly reports, the Centre for the Defenders of Human Rights has reviewed the situation of human rights in Iran during the month of Ordibehesht 1397 [Iranian month corresponding to 21 April to 21 May 2018] The Centre for the Defenders of Human Rights, which is presided over by Shirin Ebadi, has […]
Apr 07, 2018 Comments Off on Human rights situation in Iran from 20 February to 20 March 2018The Centre for the Defenders of Human Rights has reviewed the situation of human rights in Iran during the month of Esfand 1396 [20 February to 20 March 2018]: “The only way to save the country is to hear the voices of the protesters and respond to their long-awaited demands” In continuation of its monthly […]
Jul 21, 2016 Comments Off on Why won’t my fellow Nobelist Aung San Suu Kyi help a Muslim minority?