The Legal Framework of Electronic Data Crimes

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[a]PhD. Law School, Albalqa Applied University, Amman, Jordan.

*Corresponding author.

Received 20 October 2013; accepted 16 February 2014

Abstract

In order to determine the legal framework of these crimes, we should distinguish between two types of crimes or attack electronic data, the first type when the technology of electronic data process and telecommunication have used in remote to commit crimes. In other words these crimes are committed through computer and the criminal description of these businesses belongs to the known of types of traditional crimes like theft, fraud and other crimes. This type of crimes call un informatics in the global information network “ internet” also this field includes the crimes of usage of “internet” and electronic data processes tools to show the pornographic images or diffusion a messages which are inciting to racism, racial, religious, discrimination or exposure to the personal liberty or intellectual property. The second types of electronic data process crimes when the technology of the electronic data and telecommunications are on remote and make it as a means of this crimes and their purpose too. And now we are in front of anew criminal acts which associated mostly to the exposure of security and integrity of electronic data systems and the confidentiality of the data and information that consist on. And this type of criminal information network called “internet”, this is done in the case of illegal entry in to these systems and exposure to it or to the information that contain it. So this research will base on the electronic data crimes which are connected to the internet, when it becomes a direct target and a goal in their contents, and regardless on the impulsive of behind of committing.

Key words: Legal framework; Data crimes

Shayma Muhammed Saeed, Ali Ahmad Al Zubi (2014). The Legal Framework of Electronic Data Crimes. Canadian Social Science, 10(1), -0. Available from: /index.php/css/article/view/j.css.1923669720141001.2789

DOI: /10.3968/j.css.1923669720141001.2789

INTRODUCTION

The legal framework of electronic data crimes appear by depending on the statements of the types of the crime, especially when the computer became the mainstay of the objectives and developments of all the life domains over the past decades, which includes different activities whether economic, or scientific, or social …etc. the steady usage of electronic data performed whether in the form of money of electronic data or updated styles which help in manifestation of what is called of electronic data criminality. This is inevitable result for of scientific progress or technical novelty, this type of criminality based on several figures but what is important are two figures, one of them against money and the other one against people and it derives their activities from the huge potential of the computer. The computer himself is described as a tool of storage and he has the ability to store, organizing and exploiting unspecified number of information, and in the ame time he has the ability to get the information back in a short period of time and this information could be nominal. The punitive traditional laws are deficit to containment these criminal phenomenon. So before we come to these crimes we should offer the legal sides of these phenomena to take in to consideration when to decide any punitive policy. To settle this critical legal discussion in this field and to insure the safety of the information systems and security in the framework of using modern technology in the electronic data and telecommunication especially information network “internet” the crimes of attacking the information technology require a special rules and texts incriminating this new types of crimes.

2. THE MAIN CHARACTERISTICS OF ELECTRONIC DATA CRIMES

As a result of the internal circulation of the programmed data which are crosses the countries (international transport)and circulation the simple information (un programmed) and the speed of circulation information network, all these things led to technical change in this field to ease the circulation of information in this field, then it help in committed electronic data crime through the personal computer or other computers which are used in a certain countries, in spite of the result of crime which has been achieved in another countries. So the electronic data crime becomes a new form of cross border crimes and in this way it takes a forma which can be distinguished on other crimes (1). It could be mention some features that can be made the electronic data is general and committed on the network information is special, and its different from other traditional crimes, they are as follows: a) It’s a transient countries crimes (transnational crimes) the crimes which are happened between more than one country, it means that it don’t confess of the geographical borders of the countries, such as money laundering and drugs and others. Mostly the culprit in country and the victim in another country, and it may also the potential damage in a third country in the same time, so the informatics crime becomes the new form of cross-border crimes of national or regional. b) It’s a crimes which are difficult of proof, its difficult in many cases to find the material impact of the electronic data crime, perhaps the reason behind that is the culprit often uses a technical complex means, and the behavior of the former is very quick act, and it doesn’t take more than few seconds, in addition of erase the evidence and manipulate it, in this time this type of crime are lacked to traditional physical evidence (blood, hair, fingerprint). c) Electronic data crime assets play that its less violent than the traditional crimes, i.e., it doesn’t need to the effort muscle, but it depends on the mental expertise and studied scientific thinking which based on the knowledge of computer techniques, so it calls a soft crimes. In fact there is no feeling of secure about criminals in the field of mechanic process information because the perpetrators are not professional in criminality as they are known (1). d) The motive to commit electronic data crimes is different from the traditional crimes, in the first group the motive is to breach the public orders and out of laws are more targeting to get profit, we notice that the motivation with perpetrators with the second group in general is to get money (2). But if the motivation combine with electronic data crimes committed in order to achieve the physical benefits, the amount of money would be too huge. e) Ordinary crimes are classified in the most legislation according to what the jurisprudence believe, money crimes and people crimes, but electronic data crimes are classified to multi criteria and the most important of it are follows:

a. Criminal users who have the enough knowledge or experience in the informatics field or the computer business and the components and the basic function of it and know some programs that are being worked like accounting program and recognizing that informatics are modern technology and their usage in the daily life is modern, as a result of lacking of the knowledge of these technology and when they practicing their talents for the purpose of access to the information for practicing their own hobby, and they don’t realize the consequences that could be lead their illegal actions to any particular activity, therefore this set of class of criminal become less dangerous comparing with other, as we will see later, but with notice of increasing number of people who use this technology (Internet). What is followed undoubtedly of increasing the level of this crime in this field? It’s not possible that this class would slide in these crimes as a hobby for the illegal acts to the professional in the crimes (1), especially if they are embrace from criminal organization to achieve dangerous purposes in one way or another on the scientific technology.

b. Criminal programmers: Because of the level of skills that the programmers enjoy of it from entering and or storming in to the computers systems in easy way and professionalism in spite of the multi precaution security and in spite of lack of the professional elements for detection it, it seems to be this class of criminals are clear too much, transfer crime, copying and adding information on the programs and changing the content of this category is a huge work (2). Furthermore people of this category be able to use possibilities and informatics methods not only in the commission of the crime but even in shirk to detect their heads or by working on obstruct them through wasting the evidences which are leading to make them guilty (3). Through the previous explanation above its clear to say that the offender of the informatics crime may be an active or a partner in the commission of the crime, the original feature of the perpetrator in the informatics crime often one of the workers or the users in the institutional which are managed by informatics system, regardless on the beneficiary of the commission of this acts, this type of crimes requires the precision and quick in doing the illegal operation. It requires a participation or help from other people, whether they are professional or just brokers. This participation could be negative, and it could be translate in silence. It is often that the technical helping requires a modern mechanism for deceiving the computer and use a set of intermediaries or partners or custodians of the computers CDs because those people play important roles in success these illegal operation or target operation. We should remain in this research that there are main concerns that motive those criminals to commit electronic data crime such as passion of electronics and personal motives related to the proof of greatness and prove the ability to drive profit and also there are external influenced coercion, malice or it could be for reasons of administrator particularly, a special reason of institution.

4. THE LEGAL NATURE OF ELECTRONIC DATA CRIME

There is no doubt that studying the crime in general and electronic data crime in a particular is under the scope of the study of the penal code, this branch is specialist in studying each crime separately and addressing the basic elements for each crime and the punishment for it (2) the electronic data crime is a criminality phenomenon that has a special nature associated to the informatics penal code, this type of crime committed with the scope of data processing whether in collecting, preparing it or enter it to the computer which are linked to the network information and to get a certain information, these crimes could be committed in the field of process words or processing texts, the last type of these crime is merely (automatic) that enables the user to edit documents and texts on the computer and providing the possibility of correction and amendment, scanning, storage, retrieval and printing. All these processes are close to the crime, so the offender has to assimilate it, as well as the offender may have to deal with new vocabulary such as programs and data which are using to attack the means for it. These crimes have a special nature, the ability of the unique of the information network (the Internet) to transfer and exchange the information which has a personal information like attacking on the personality freedom, and the reason behind that is the expansion of data banks, furthermore on the expansion of the people and their requests to link their computers to the network, which raises a question about the nature of services and the application in the net work in order to know the form of the texts and roles that you should apply it to the dissemination services sites and the exchange of information in general and in a particular understand the knowledge of the legal system of responsibility which is supposed to apply to the people who are responsible for this publication or exchanges. In other words, can we describe the services and application in the information network, and it is under controlling of the postal service or spying or within the concept of press and publication or audio visual aids or television institution or radio (1) in any cases should we consider that the network information “ internet” anew space of information, and it has no relation with the knowledge of post and telecommunications, nor the press, and hearing aids and radio and television broadcasting and then the general rules and principles about the liability which applicable to the service and applications too. The investigation of the appropriate nature of the legal system through the information network aims to know what is the legal texts that should be applied to the dissemination services websites and information which are in it, as well as the knowledge of the legal system of responsibility that supposed to be applied on the people who are responsible on this publication, specially to know the attitude of those countries about this matter, based on what we have before, the legal nature of this crimes become clear through the area that can be committed and on the other side the place of the commission which be attacked. Its clear that the rapid development in the field of electronic data and it may allow for the acquisition of electronic mean which helps the abusers to enable to used it in commission different crimes like the attacking of personality freedom (2) and there is no doubt that the electronic data criminality related to the wrongful conduct, and with regard to automatic processing of data and input the information and transfer it, and then its necessary to attach to the scope of the criminal law, in spite of that the most of comparison texts are unable to keep the new development in the information or what the legislative vacuum in this field. On the other hand these crimes have a special nature in the term of their legal and the traditional rules were not special to these criminal developed, traditional rules have a specific criteria (copied and material) while the concept of personal rights in the network information is the product of human thought, and its related to the human characteristic, money and property and the application traditional texts on the electronic data crimes which raises many problems like the issue of proof (1) such as getting material impact, the offender can erase the evidences of condemnation and destruction in a short time, especially in the case of inspections network or intercept process communication and the search on data could be encrypted and no one can know the code of entrance only the workers on the network, from this point there is a question is raised about the issue of legality to decode it (2). What is made it more difficult is chasing the offenders of the electronic data crimes “internet” who reside in another countries, which has no agreement of the country that investigates in a criminal behavior or a part of it, in the light of the above consideration we can be sure that these crime has a special legal crime that are committed by people who are committed it and they have a special skills and ruled by a special legal texts.

II. Recommendation

As a result of the previous explanation the informatics age has needed to create a modern legal rules to face the crimes which are arising from the technology of information system for two reasons:

First, the updating forms of the electronic data crimes is not limited on the material values but it extent to include the moral values.

Second, what the information systems has been developed and the new means to commit the crime, that the traditional crime texts are unable to contain it, so we recommend some legislation that guarantee some rules that should be of it, and they are follows:

(a) The need of keep up with the criminal law in two ways, subjective and procedural to the phenomenon of electronic data crime, because there is a legislation lack on the criminality protection of the personal freedom. On the other hand inability of criminality proceeding in investigating the criminal case for crime information especially when it comes to storing data from abroad through the dimensional communication network.

(b) We recommend the comparative legislation to recognize the importance of informatics legal. By stopping these committed crimes on it, by text on their criminality and submitting these roles without relying on the penal code texts. These types of crime should be known widely to include the access illegal data process system programs and copy the information then disclosure it and use it on the illegal way and the emphasizes punishment on use it without a license or to be a subject of vampirism.

(c) Adopting a system which can be processed the output of the computer and the stored electronic license and accepted it in the judicial argument.

(d) Preventing the input of information that has a confidential nature on the basis of the religious nature, sectarian partisan union and ethnic. Since if these information is entered to the computer and record it, it could be a source of big problem, if there are events of sectarian and find out the information it could be a tool of implementation of other crimes or easy to commit it, what is requires here is to create a special legislative that organized of the use of electronic computers and information banks.

(e) Subjecting persons who are involved in collecting these information in duty of secrecy of these information.

(f) Subjecting people who are responsible on the computers to criminal penalties in the event of disclosure of confidential information and safeguard to the personal freedom, whether it belong to the individuals or legal persons.

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