With the approval of the Cyber Crimes Law on 5 Khordad 1388 [26 May 2009], another chapter was added to the 29 chapters of the Islamic Penal Law. Given that explaining legal concepts in layman terms can assist both the law specialists and ordinary people in understanding the precise meanings of the concepts, which the legislators had in mind originally, the Centre for the Supporters of Human Rights, with the help and cooperation of Ms Mahnaz Parakand, an Iranian lawyer, has tried to shed light on the content of the above-mentioned law purely from a legal point of view, and by using simple, plain language, which is being expressed in a question and answer format. The CSHR recommends that everyone who works with computers in one way or another should study this article. In addition, by reading the article that follows, while you become familiar with a section of the Iranian laws, you also learn more about the scope of censorship, and more generally, the extent of the restrictions imposed on the freedom of expression in Iran.
In the original draft of this law, the following definitions have been provided for some terms and concepts, and before we embark on studying the law itself, we should essentially learn more about the technical concepts and definitions used by its legislators.
A) Computer System: Any machinery or a set of machines made up of interlinked hardware and software, which all operate by executing auto-processing programmes.
B) Communication System: Any kind of electronic transition of data between a source (that is to say an optic source or transmitter) and an optical receiver through one or several communication channels, and on the basis of protocols which the receiver can readily comprehend and interpret.
C) Computer data: Any kind of representation of events, information and concepts in a manner conducive to the task of processing inside a computer system – which essentially includes a suitable programme – thereby allowing the computer system to perform its tasks. Data is valuable from a financial point of view.
D) Traffic of data: Any kind of data which is generated by computers within the chain of communications so as to trace the route of a link from its source to its destination. These data will include the source, the destination, the route, time, date, volume, length [duration] and the type of function and service that is performed.
E) Information: This concept comprises data, text, image, voice, code, computer programme, software, and database, or the microfilm and microfiche material which has been generated by the computer system.
F) Subscriber information: Any kind of information and data which is held by the service provider and relates to the subscribers to the service. These include the type of service being provided, the technical requirements, the subscription period, the identity of the subscribers, their IP address, or their postal and physical address, their phone numbers and other personal details .
G) Service Provider: Any individual or legal entity who provides the subscriber to its services with the means for establishing a link with a computer system, or processes or stores computer data on behalf of the provider of communication services, or the subscribers to that service.
