Anti-Cybercrime Law | Intentionality in all cybercrimes
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No. The Anti-Cybercrime Law does not stipulate that intentionality is a general explicit condition in all cybercrimes.
Article 1 defined cybercrime as:
“Any act committed that involves the use of a computer or information network in violation of the provisions of this system.”
While the definition of illegal entry was specifically defined as intentional, it stated that:
“A person intentionally accessing a computer, website, information system, or computer network to which that person is not authorized.”
Accordingly, intentionality is an explicit part of the concept of illegal entry; therefore, it falls within the forms of criminalization based on this concept, including:
- Unlawful access to threats or blackmail, or to a website, mentioned in Article 3.
- Illegal entry to cancel, delete, destroy, leak or alter data, as set out in Article 5.
- Illegal entry to obtain data that affects the internal or external security of the State or its national economy, as mentioned in Article 7.
As for other acts listed in Articles 3, 4, 5, and 6, such as eavesdropping, capturing, defaming, defrauding, seizing, disrupting the network, or producing or publishing prohibited content, their texts do not include intentional language as a general, unified condition.
The precise conclusion: Intentionality is explicitly stipulated in illegal entry, and the regulatory text has not generally stated that intentionality is an independent condition for all cybercrimes. The determination of liability in each incident depends on the specific criminal act and the terms of the article applicable to it, including any special purpose it may require, such as to threaten or blackmail a person in Article 3, or to obtain data, information, funds, or the services it provides in Article 4.
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References
- Article 1 of the Anti-Cybercrime Law
- Article 3 of the Anti-Cybercrime Law
- Article Four of the Anti-Cybercrime Law
- Article Five of the Anti-Cybercrime Law
- Article 6 of the Anti-Cybercrime Law
- Article Seven of the Anti-Cybercrime Law
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