Dergiler / Türkiye Adalet Akademisi Dergisi / 2016 / Cilt: 0 - Sayı: 24
Pertaining to Access to IT Systems
- Sayfa
- 245–308
- DOI
- —
Abstract
In our era, not only the number but also the nature of cyber crimes are changingrapidly due to increased use of technology, notably the Internet. Crimes pertaining tounlawful access to the IT system and persisting in the system are becoming widespreadto the extent unforeseen by existing regulations due to rapidly changing and developingtechnology. Our modern lives are economically, culturally, socially and technicallyinterconnected. Effective and vigorous penal policies are required in order to preventcyber crimes and punish those who commit them. However, while creating thesepolicies, a balance must maintained between fundamental rights and freedoms ofpeople living in democratic societies and the measures to be taken in order to preventunlawful access to IT systems. Rapid developments in IT technology has given rise to the range and the number of users of IT systems, thus bringing about new types of crimeswhich can now be committed with different methods. Accessing the IT systems andpersisting there unlawfully constitutes the most important type of cyber crimes becauseit is impossible to commit other cyber crimes without accessing into the system first andthen persisting there unlawfully. The most effective way to prevent cyber crimes such asaccessing the IT systems and persisting there unlawfully is to develop security measuresand adopt different methods of investigation and prosecution than the tradional ones.