9/3/2014 cyber.police.ir - Iran Search Farsi Home - Cyber Law - COMPUTER MISUSE AND CYBERCRIME ACT 2003AsiaIranChinaIndiaKoreaEurope Albania Belarus BelgianBulgariaCroatiaCyprus Czech DenmarkEstoniaFinlandFranceGermanyGreece HungaryIcelandIrelandItalyNetherlandNorwayPolandPortugalRomaniaRussiaSlovakiaSpainSwedenSwitzerlandTurkyUkraineUnited KingdomAmericaInternational TreatiesBudapestMessage of chief - Publications International cooperation - International operationsCyber Tips - Basic Steps of Cyber SecurityCyberbullyingBotnets Social NetworksTips for parentsWhat are the top 5 risks Security and Privacy on Social Networking SitesSocial Networking SitesCyber EthicsContact us - About us - Computer Crimes Act Section 1- Crimes and Punishments Chapter 1- Crimes against Confidentiality of Data and Computer and Telecommunication Systems Titel 1- Unauthorized Access Art. 1- Every person who, without authority, gains access to data, or computer or telecommunication systems which are protected under security measures shall be punished by a term of 91 days to 1 year of imprisonment, or by a fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and fine. Title 2- Unauthorized interception Art. 2- Every person who, without authority, intercept the non-public transmissions of content by computer or telecommunication systems, or electromagnetic or optical waves shall be punished by a term of 6 months to 2 years of imprisonment, or by a fine of 10,000,000 to 40,000,000 Rials, or by both the imprisonment and fine. Title 3- Computer Spy Art. 3- Every person who, without authority, commits any of the following acts against stored or in transit secret data in storage media or telecommunication systems shall be punished by the provided punishments: computer or A) Gaining access to the aforesaid data or acquisition of them, or interception the content of the secret data in transit; by a term of 1 to 3 years of imprisonment, or by a fine of 20,000,000 to 60,000,000 Rials, or by both the imprisonment and fine; B) Making the aforesaid data accessible to unauthorized persons; by a term of 2 to 10 years of imprisonment; C) Disclosure of the aforesaid data or making them accessible to a foreign government, organization, corporation, or group , or their agents , by a term of 5 to 15 years of imprisonment. Note 1: The term “secret Data” refers to the data whose disclosure will affect the state security or national interests. Note 2: the procedure of determination and identification of the secret data, and the method of classification and protection of them shall be drafted by the Ministry of intelligence with the cooperation of ministries of Justice, State, Information and Communication Technology (ICT), and Defense, and ratified by the Board of Ministers within 3 months from the date the present act is ratified. Art. 4- Every person who, with the intent to access the secret data provided in article 3 of the present act, violates the security measures of the computer or telecommunication systems shall be punished by a term of 6 months to 2 years of imprisonment, or by a fine of 10,000,000 to 40,000,000 Rials, or by both the imprisonment and fine. Art. 5- In the event that government officials who are responsible for protection of the secret data provided in article 3 of the present act or relevant systems are efficiently trained , and the mentioned data or systems have been put at their disposal -due to carelessness, negligence or nonobservance of the security measurescause the access of unauthorized persons to the mentioned data, storage media, or systems, shall be punished by a term of 91 days to 2 years of imprisonment, or by a fine of 5,000,000 to 40,000,000 Rials, or by both the imprisonment and fine, in addition to a period of 6 months to 2 years dismissal from service. Chapter 2- Crimes against Integrity and validity of Data and Computer and Telecommunication Systems Title 1- Computer Forgery (& counterfeiting) Art. 6- Every person who, without authority, commits the following acts shall be considered a counterfeiter and punished by a term of 1 to 5 years of imprisonment, or by a fine of 20,000,000 to 100,000,000 Rials, or by both the imprisonment and fine: A) Alteration or creation of admissible data, or deceptional creation or entry of data to them; B) Alteration of data or signals stored in memory cards or proccessable cards in computer or telecommunication systems or chipsets, or deceptional creation or entry of data to them. Art. 7- Every person who, by knowing that the data or cards or chipsets are forged, uses them shall be sentenced to the punishments provided in the above article. Title 2- Data or Computer or Telecommunication Systems interference Art. 8- Every person who, without authority, deletes, destroys, or disturbs another person’s data available in computer or telecommunication systems or storage media, or makes them unprocassable shall be punished by a term of 6 months to 2 years of imprisonment, or by a fine of 10,000,000 to 40,000,000 Rials, or by both the imprisonment and fine. Art. 9- Every person who, without authority, disables another person’s computer or telecommunication systems, or disturbs their function by inputting, transmitting, distribution, deleting, suppressing , manipulation, or deterioration of data or electromagnetic or optical waves shall be punished by a term of 6 months to 2 years of imprisonment, or by a fine of 10,000,000 to 40,000,000 Rials, or by both the imprisonment and fine. Art. 10- Every person who, without authority, prevents authorized persons from access to data, or computer or telecommunication system by hiding data, changing passwords, and encrypting data shall be punished by a term of 91 days to 1 year of imprisonment, or by a fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and fine. Art. 11- Every person, with intent to endanger the public security and tranquility, commits the acts mentioned in articles (8), (9), and (10) of the present act against computer and telecommunication systems which are use to provide (vitally) needed public services, including treatment services, water, power, gas, telecommunication, transportation, and banking shall be punished by a term of 3 to 10 years of imprisonment. Chapter 3- Computer Related Theft and Fraud Art. 12- Every person who, without authority, thieves data belonging to others, while the original data remains, shall be punished by a fine of 1,000,000 to 20,000,000 Rials, and otherwise, by a term of 91 days to 1 year of imprisonment, or by a fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and fine. Art. 13- Every person who, without authority, obtains money, property, profits, services, or financial advantages for himself or another person, by committing acts, including entering, altering, deleting, creating, suppression data, or disturbing the system shall be punished by a term of 1 to 5 years of imprisonment, or by a fine of http://cyber.police.ir/?siteid=46&pageid=632 1/5

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