Password Interception – Face, Msn Supreme Court Decision
Republic of Turkey
COURT OF CASSATION
CRIMINAL CHAMBER
2012/31216
2013/25978
November 1, 2013
* CHANGING THE PASSWORD BY LOGGING INTO THE E-MAIL ACCOUNT (Based on the responses from Microsoft and TIB regarding multiple logins to the participant’s email account from the defendant’s father’s internet account and the entire case file, the crime under Article 244/2 of Law No. 5237 has been committed)
* BLOCKING ACCESS BY CHANGING THE E-MAIL ACCOUNT PASSWORD (The Defendant, Having Obtained the Password of the Participant’s Email, Logged into This Address, Changed the Password, and Blocked the Participant’s Access to Their Emails – It Was Necessary to Decide on Punishment in Accordance with Article 244/2 of Law No. 5237)
* COMPUTER CRIME (The defendant accessed the victim’s email account by obtaining the password from his father’s internet account, changed the password, and blocked the victim’s access to his emails. He should be punished in accordance with Article 244/2 of Law No. 5237 for this act).
* LOGGING INTO THE E-MAIL ACCOUNT AND CHANGING THE PASSWORD (Microsoft and TIB responded in writing that the participant’s email account was accessed multiple times from the defendant’s father’s internet account/the participant’s access to their emails was blocked – the crime under Article 244/2 of Law No. 5237 was committed)
5237/m.244/2
SUMMARY: Based on the facts, the participant’s statements during the proceedings, the written responses received from Microsoft and TİB regarding multiple logins to the participant’s email account from the defendant’s father’s internet account, and the entire case file; it is unlawful to acquit the defendant, who obtained the password of the participant’s email account, accessed this address, and prevented the participant from accessing their emails by changing the password, as they should be punished in accordance with Article 244/2 of the Turkish Criminal Code, which corresponds to their actions.
CASE: After deliberation and consideration:
DECISION: Based on the facts, the participant’s statements during the proceedings, the written responses from Microsoft and TIB regarding multiple logins to the participant’s email account from the defendant’s father’s internet account, and the entire case file; The defendant, who obtained the password of the participant’s email account, accessed this address, and prevented the participant from accessing their emails by changing the password, should be punished in accordance with Article 244/2 of the Turkish Penal Code, which corresponds to their actions. Therefore, the acquittal ruling based on the written justification is unlawful.
CONCLUSION: As the appeals of the Public Prosecutor and the participant are deemed valid on this basis, the ruling is REVERSED pursuant to Article 321 of the Code of Criminal Procedure, which must be applied in accordance with Article 8/1 of Law No. 5320, and it was unanimously decided on 01.11.2013.
Obstructing, disrupting, deleting, or altering data
ARTICLE 244- (1) A person who obstructs or disrupts the operation of a computer system shall be punished with imprisonment from one to five years.
(2) A person who corrupts, destroys, alters, or renders inaccessible data in a computer system, places data in the system, or sends existing data to another location shall be punished with imprisonment for a term of six months to three years.
(3) If these acts are committed on a computer system belonging to a bank or credit institution or a public institution or organization, the penalty shall be increased by half.
(4) If the acts defined in the preceding paragraphs are committed to obtain an unjust advantage for oneself or another person and do not constitute another crime, the offender shall be sentenced to imprisonment for a term of two to six years and a fine of up to five thousand days.