Password Seizure – Facebook, MSN Supreme Court Decision

T.C.

SUPREME

CRIMINAL DEPARTMENT

2012/31216

2013/25978

1.11.2013

* CHANGING THE PASSWORD BY ENTERING THE E-MAIL ACCOUNT (According to the Responses of the Letter from Microsoft and TIB that the E–Mail Account Belonging to the Defendant’s Father Was Entered Many Times from the Internet Account Belonging to the Participant and the Entire Scope of the File 5237 P.K. Md.The Crime in 244/2 Occurred)

* BLOCKING ACCESS BY CHANGING THE PASSWORD OF THE E-MAIL ACCOUNT (The Defendant Who Seized the Password of the Participant’s E-Mail Entered This Address, Changed the Password And Blocked Access to the Participant’s E–Mails – 5237 P.K. Md.That It Should Be Decided to Punish in Accordance with 244/2)

* INFORMATION CRIME (5237 P., Which Complies with the Defendant’s Action of Intercepting the Password of the Participant’s E-Mail Account from the Internet Account Belonging to His Father and Entering This Address and Blocking Access to the Participant’s E-Mails by Changing the Password.K. Md.That He Should Be Punished in Accordance with 244/2)

* CHANGING THE PASSWORD BY LOGGING INTO THE E-MAIL ACCOUNT (The Defendant’s Father’s Internet Account Was Logged Into the Participant’s E–Mail Account Many Times, Received Text Responses from Microsoft and TIB / Access to the Participant’s E-Mails Was Blocked – 5237 P.K. Md.The Crime in 244/2 Occurred)

5237/m.244/2

Summary : create, join in the phase of the narrations, the internet electronic mail account from the account that belongs to the defendant’s father has been entered many times as to whether to join Microsoft and the responses according to the scope and all file Tibb; joining and entering the address of electronic mail by capturing the password of the account by changing the password prevents access to the attendee’s email, the defendant, the action of matching TCK.nun 244/2. it is against the law to establish an acquittal verdict while it should be decided to punish him in accordance with the article.

CASE : Discussed and considered as necessary:

Decision : create, join in the phase of the narrations, the internet electronic mail account from the account that belongs to the defendant’s father has been entered many times as to whether to join Microsoft and the responses according to the scope and all file Tibb; joining and entering the address of electronic mail by capturing the password of the account by changing the password prevents access to the attendee’s email, the defendant, the action of matching TCK.nun 244/2. establishment of a verdict of acquittal on written grounds when it should be decided to punish in accordance with Article,

CONCLUSION : Contrary to the law, C.Since the appeals of the prosecutor and the participant’s appeals were considered on the spot in this respect, the provision is based on Article 8/1 of Law No. 5320 for this reason. CMUK, which must be applied in accordance with the article.nun 321. in accordance with the article, it was unanimously decided (to be OVERTURNED) on 01.11.2013.

Blocking, disrupting the system, destroying or modifying data

ARTICLE 244- (1) A person who interferes or disrupts the functioning of an information system is punished with a prison sentence of one to five years.

(2) A person who corrupts, destroys, modifies or makes inaccessible the data in an information system, places data in the system, sends existing data to another place, is punished with a prison sentence of six months to three years.

(3) If these acts are committed on the information system of a bank or credit institution or a public institution or organization, the penalty to be imposed is increased by half.

(4) If the person’s providing an unfair interest for his or someone else’s benefit by committing the acts defined in the paragraphs above does not constitute another crime, a prison sentence of two to six years and a judicial fine of up to five thousand days shall be imposed.

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