Octopus Cybercrime Community

Computer Crime Act of 2010 is the source for substantive law provisions and addresses all of the offences listed in the Budapest Convention, with illegal access provisions limited to information protected by law.

Procedural law provisions under the Computer Crime Act contain all powers under the Budapest Convention with exception of real-time monitoring of traffic data.

Computer Crimes Act (Law No. 71063) of 2010 contains both substantive penal and procedural rules. Chapter 1 of the law refers to Crimes against Confidentiality of Data and Computer and Telecommunication Systems, listing unauthorized access (Title 1), unauthorized interception (Title 2) and computer spying (Title 3) as crimes. Chapter 2 lists Crimes against Integrity and validity of Data and Computer and Telecommunication Systems: Title 1- Computer Forgery (& counterfeiting); Title 2- Data or Computer or Telecommunication Systems interference. Chapter 3 contains provisions on Computer Related Theft and Fraud. Chapter 4 refers to Crimes against Public Morality and Chastity, and Chapter 5 to Aspersion of the Dignity and Issuing Lies. Corporate liability is regulated under Chapter 6 of the law.

Procedural law measures are included in Chapter 2 of the Computer Crimes Act. Chapter 2 refers to the following measures available for the collecting of digital evidence: preservation of traffic data (Title 1); expedited preservation of stored computer data (Title 2); data presentation – production (Title 3); data and computer and telecommunication systems, search and seizure (Title 4) search and seizure powers; interception of content data (Title 3). Admissibility of Digital Evidence is further addressed in Chapter 3 of the law. Procedural powers available are applicable in the investigation of cyber-crimes as defined in the first part of the law, as well as in crimes where “digital evidence” is involved. Art. 48 specifies the measure of interception of Content data.

Electronic Commerce Law of the Islamic Republic of Iran