IT LAW, CYBERSPACE, AND THE JUDICIAL REVIEW OF DIGITAL EVIDENCE
The Helplessness of Traditional Law in a Borderless Universe IT law is the legal foundation of cyberspace, where physical borders and geographies lose their meaning, and where the perpetrator and the victim can interact from two different ends of the world without ever seeing each other. The centuries-old static rules of traditional criminal law remain inadequate in the face of cyber attacks, dark web operations, or phishing acts that occur within milliseconds. In cases of unauthorized access to a system, data encryption (ransomware), or credit card fraud, the sole argument in the hands of the prosecution is often IP numbers and log records, which are highly susceptible to manipulation. Restricting a person’s freedom in this virtual world must rely not only on legal texts but also on absolute technological literacy.
The Misleading Nature of IP Addresses and the Principle of “In Dubio Pro Reo” (Benefit of the Doubt) The biggest judicial fallacy in cybercrime trials is accepting the IP address or the device’s MAC address as the direct and absolute “identity” of the perpetrator who committed the crime. However, modern digital forensics science clearly reveals that IP addresses can easily be replicated through “spoofing” methods, and massive cyber attacks can be orchestrated through the devices of innocent individuals via zombie computers (botnets). Imposing criminal liability on an individual solely based on an internet subscription, without completely eliminating the possibility that malicious software (trojan, malware) was externally implanted into the IT device, is a clear violation of the principle of “individual criminal responsibility”.
Refuting Digital Evidence in the Light of Digital Forensics The defense practice conducted in the dark corridors of cyberspace is only possible with a mastery of algorithms and network architectures. Within this process, the following strategies are implemented:
- Inspecting whether the imaging (copying) and seizure procedures conducted on computers and computer logs in accordance with Article 134 of the Criminal Procedure Code (CMK) comply with technical procedures (e.g., mismatch of Hash values), and ensuring the exclusion of unlawful digital evidence from the file,
- Refuting the technical assumptions in the indictment with independent expert opinions obtained from the computer engineering departments of universities,
- Implementing strategies to compensate for the damages of individuals/companies who are victims of cyber fraud or data theft, based on the “security vulnerabilities/service faults” of banks or intermediary service providers.
In these disputes, justice is achieved by passing codes and data through an impartial legal filter.
IT LAW, CRYPTO ASSETS, AND ARTIFICIAL INTELLIGENCE LIABILITY
The Lawlessness of the Digital World and Data Leaks (KVKK/GDPR) IT law and the digital ecosystem represent the new world frontier where geographical borders have vanished, legal regulations lag behind technology, and consequently, chaos and rights violations are experienced most intensely. The leaking of companies’ massive databases (data breaches), the unlawful trade of personal data, and KVKK (Turkish Personal Data Protection Law) / GDPR sanctions create billion-dollar penal risks for institutions. Reputation assassinations carried out via social media, unfair deletion/blocking decisions, and “Right to be Forgotten” requests are the modern-age defenses an individual is compelled to mount to protect their digital identity.
Blockchain, Smart Contracts, and Crypto Asset Disputes The world of decentralized finance (DeFi), blockchain technology, and crypto assets is a realm that directly stretches the rules of traditional legal systems (law of obligations and commercial law), where code becomes law (“Code is Law”). The hacking of crypto asset exchanges, the transfer of billions of dollars to incorrect addresses due to code errors in smart contracts, or fraudulent (rug-pull) projects require a level of international digital forensic expertise that is too technical to be resolved through classic execution and litigation channels.
The Liability of Artificial Intelligence Algorithms and the Legal Future Erroneous medical diagnoses, autonomous vehicle accidents, or copyright infringements produced by artificial intelligence (AI) systems and autonomous decision mechanisms have pushed the question of “who is the perpetrator of the crime or the error?” to the most complex point in history. The issue of whether the liability lies with the software developer, the artificial intelligence model utilized, or the company that trained the algorithm constitutes the newest philosophical crisis of modern law.
Legal Defense Practice in the Digital World The strategic process conducted to protect rights in the wild nature of IT and technology law encompasses the following stages:
- In cases of personal data breaches and digital smear campaigns, obtaining “Blocking of Access” and content removal decisions within hours within the framework of the provisions of Law No. 5651 and KVKK.
- In crypto asset thefts and blockchain-based fraud, tracing the funds via blockchain forensics expert reports and placing precautionary attachments (injunctions) on digital wallets.
- In disputes arising from artificial intelligence and software, accurately establishing the chain of liability (causal link of fault) upon the correct entity through global technology standards and expert opinions.
The defense conducted in IT law is the will to protect the digital rights of humans and capital by passing them through the rational filter of the law in this new universe where lawlessness and digital anarchy reign.
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