9/3/2014 cyber.police.ir - Iran of the Legal and Judicial Commission of the the Islamic Consultive Assembly chosen by the Legal and Judicial Commission and confirmed by the Islamic Consultive Assembly, constitute the members of the committee. The State Prosecutor General shall undertake the responsibility of chairmanship of the committee. Note 1: The committee meetings shall be held every 15 days, and the quorum shall consist of 7 members. Decisions of the committee shall be effective by a relative majority of the votes of those present at the meeting. Note 2: The committee is obligated examine and decide about the complaints regarding the filtered instances. Note 3: The committee is obligated to present a report regarding the procedure of filtering the criminal content to the heads of the three powers of government (legislative, executive, and judiciary), and the Supreme National Security Council every 6 months. Art 23: The Hosting Service Providers are obligated to, immediately after receiving the order of the Filtering Committee mentioned in above article or judicial authority examining the case concerning the existence of criminal content in computer systems, prevent the continuation of access to them. The Hosting Service Providers shall be liquidated, In case of willful refusal of executing the order of the committee or judicial authority. Otherwise, The Hosting Service Providers shall be punished by a fine of 20,000,000 to 100, 000, 000 Rials, for the first time, a fine of 100,000,000 to 1,000,000,000 Rials, for the second time, and by a three year temporary closure, for the third time, in case of carelessly or negligently causing access to the criminal content. Note: The Hosting Service Providers are obligated to, immediately after becoming aware of the existence of the criminal content, inform the Filtering Committee of their existence. Art 24- every person who, without authority makes use of the international (internet) bandwidth to establish international protocol-based telecommunication connections from abroad to Iran or visa versa shall be punished by a term of 1 to 3 years of imprisonment, by a fine of 100,000,000 to 1,000,000,000 Rials, or by both the imprisonment and fine. Chapter 7- Miscellaneous Crimes Art 25- Every person who commits the following acts shall be punished by a term of 91 days to one year of imprisonment, by a fine of 5,000,000 to 20,000,000 Rials, or by both the imprisonment and fine: A) Production, issue, distribution of and making accessible, or trading data, softwares, or any other electronic devices, which are exclusively used to commit computer crimes; B) Sale, issue, distribution of, or making accessible passwords or any data makes the unauthorized access to data or computer or telecommunication systems belonging to others possible; C) Issue of or making accessible the unauthorized-access-training contents, unauthorized sniff, computer spy, causing distortion or destruction of data or computer or telecommunication systems. Note: In the event that the prepatrator has made the mentioned acts his routine occupation, he shall be punished by the maximum extent of both punishments provided (in this article). Chapter 8- Aggravation of Punishment Art 26- In following instances, the prepatrator shall be punished by more than two third of the maximum extent of one or both the punishments: A) Any of the employees or staff of the governmental or government-related departments, organizations, and institutions, councils and municipals, revolutionary entities, foundations and institutions which are administered under the supervision of the supreme leader (of the Islamic Republic of Iran), the Supreme audit court, the Institutions which are administered by means of the constant subsidies subventions paid by the government, officials holding judicial ranks, and generally, members and staff of the three powers/ branches of the government, armed forces, and public service officers -whether official or unofficial- have committed computer crimes in the performance of their duties; B) The operator or the legal possessor of the computer or telecommunications networks, have committed computer crimes in the performance of their duties; C) Data or computer or telecommunication systems belong to the government or entities or centers providing public services; D) The crime has been committed on a vast scale. Art 27- in the event of more than two times repetition of the crime, the court is empowered to deprive the prepatrator of the public electronic services including internet or cell phone subscription, obtaining domain name registrations in national Top-Level Domains (ccTLDs), and electronic banking: A) In case the imprisonment punishment provided for the crime is from 91 days to 2 years, deprivation from 1 month to 1 year; B) In case the imprisonment punishment provided for the crime be from 2 to 5 years, deprivation from 1 to 3 years; C) In case the imprisonment punishment provided for the crime be more than 5 years, deprivation from 3 to 5 years. Section 2- Procedural law Chapter 1- Jurisdiction Art 28- Along with instances predicted by other Laws and regulations, The Iranian courts have jurisdiction over following instances: A) Criminal data or data used in committing crimes has been anyhow stored in computer or telecommunication systems or data carries existing in Islamic Republic of Iran’s land, air, and maritime territory; B) The crime has been committed by means of the websites with country code Top-Level Domains of Iran; C) The crime has been committed by any Iranian or non-Iranian person, outside Iran’s borders, against computer or telecommunication systems, and websites used by or under control of the three powers/ branches of the government, Leadership Entity, official governmental agents , or any institution or entity providing public services, or against websites with national country code Top-Level Domains of Iran; D) Computer crimes involve abuse of persons under the age of 18, whether the prepatrator or the victim is Iranian or non-Iranian. Art 29- In the event that the computer crime is discovered or reported in a place, while the location it was committed in location of the commitment thereof is not obvious , the local prosecutor’s office is obligated to initiate the preliminary investigations. In case that the location of commitment of crime does not become obvious, the prosecutor’s office- by finishing the investigations- resorts to issue verdict, and the relevant court issues the appropriate order. Art 30- The judiciary power is obligated to, based on necessity, allocate one or more branches of the prosecutor’s office, the public and revolutionary courts, military courts, and appeal courts to try computer crimes. Note: Judges of the aforesaid prosecution office branches and courts shall be chosen amongst judges who are well-acquainted with the computer affairs. Art 31- In the event of any disputes arising over jurisdiction, the dispute resolution shall be done in accordance with the Civil Procedure Code of the Public and Revolutionary Courts. http://cyber.police.ir/?siteid=46&pageid=632 3/5