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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   summer 2018 , Volume 82 , Number 102 ; Page(s) 81 To 108.

Rule of Constitutional Law in confront with Cyber-Crimes

Confronting with Cyber-crime has strong relationship with all preventative and non-preventative measures. A Non-preventive measure، that is related to criminal law، consists of criminalization، imposing liability and sentencing. The preventative measures، however، include social and technical measures that impose on the situation or potential criminals. All these measures should obey two fundamental rules: first، it should be compatible with norm of society and bring the security; second، should not in contradiction with individual liberties. Intense concentration of just the security، with pay attention to cyber-crime، will result in infringement of individual liberties and Sole considering the individual liberties، with pay more attention to cyber-criminal، will decrease the security. Neither security-approach nor liberty-approach is compatible with Constitution. This paper، try to reconciliation of these two approaches in the light of Constitution rights in confronting with the cyber-crime.
Keyword(s): Cyber-terrorism,Cyber-attack,National Security,Individual Liberty,Constitution
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