Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes

Situational crime prevention techniques are considered as fundamental elements of the cyber security and protection of likely targets from possible criminal attacks. The technological nature of some measures are such that can violate a vast number of fundamental rights, including the free flow of in...

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Main Authors: zahra arhadi alashti, abdoreza javan jafari bojnordi
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-05-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
Subjects:
Online Access:https://jclr.atu.ac.ir/article_7400_e1ff6209a4a228551fa3ff4db5cc3bf5.pdf
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author zahra arhadi alashti
abdoreza javan jafari bojnordi
author_facet zahra arhadi alashti
abdoreza javan jafari bojnordi
author_sort zahra arhadi alashti
collection DOAJ
description Situational crime prevention techniques are considered as fundamental elements of the cyber security and protection of likely targets from possible criminal attacks. The technological nature of some measures are such that can violate a vast number of fundamental rights, including the free flow of information, and can prevent users from receiving, seeking, and imparting intended contents. International human rights obligations of governments prevent them from the maximum application of preventive measures. However, the security for the sake of public order is accepted to the extent that human dignity can still be guaranteed in areas where possible crimes of this nature may be committed; the whole context should not be determined by security considerations any more than is absolutely necessary. Hence, the application of situational prevention measures is logical and supported to the extent where everyone is some how extent responsible for crime prevention, and users are not deprived of a legitimate right of access to the World Wide Web when the goal is a reduction of potential opportunities for crime. In this article, we evaluate the violation of the right to the free flow of information through the most common measures used to limit or deny access, taking into account on the one hand the fact that extensive application of these measures could also limit the spread of creative ideas of network users while, on the other hand it can safeguard against political and social despotisms.
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spelling doaj.art-b0da7b4fbd4a41b382f900eb4f6856242024-01-02T10:55:05ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī2345-35752476-62242017-05-015186910010.22054/jclr.2017.74007400Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimeszahra arhadi alashti0abdoreza javan jafari bojnordi1دانش آموخته کارشناسی ارشد رشته حقوق جزا و جرم شناسی دانشگاه فردوسی مشهد.دانشیار حقوق جزا و جرم شناسی دانشگاه فردوسی مشهدSituational crime prevention techniques are considered as fundamental elements of the cyber security and protection of likely targets from possible criminal attacks. The technological nature of some measures are such that can violate a vast number of fundamental rights, including the free flow of information, and can prevent users from receiving, seeking, and imparting intended contents. International human rights obligations of governments prevent them from the maximum application of preventive measures. However, the security for the sake of public order is accepted to the extent that human dignity can still be guaranteed in areas where possible crimes of this nature may be committed; the whole context should not be determined by security considerations any more than is absolutely necessary. Hence, the application of situational prevention measures is logical and supported to the extent where everyone is some how extent responsible for crime prevention, and users are not deprived of a legitimate right of access to the World Wide Web when the goal is a reduction of potential opportunities for crime. In this article, we evaluate the violation of the right to the free flow of information through the most common measures used to limit or deny access, taking into account on the one hand the fact that extensive application of these measures could also limit the spread of creative ideas of network users while, on the other hand it can safeguard against political and social despotisms.https://jclr.atu.ac.ir/article_7400_e1ff6209a4a228551fa3ff4db5cc3bf5.pdfkeywords: situational preventioncybercrimesfree flow of informationhuman rights
spellingShingle zahra arhadi alashti
abdoreza javan jafari bojnordi
Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
Faṣlnāmah-i Pizhūhish-i Huqūq-i Kiyfarī
keywords: situational prevention
cybercrimes
free flow of information
human rights
title Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
title_full Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
title_fullStr Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
title_full_unstemmed Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
title_short Violation of Free Flow of Information in the Process of the Situational Prevention of Cyber Crimes
title_sort violation of free flow of information in the process of the situational prevention of cyber crimes
topic keywords: situational prevention
cybercrimes
free flow of information
human rights
url https://jclr.atu.ac.ir/article_7400_e1ff6209a4a228551fa3ff4db5cc3bf5.pdf
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