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تفشي ظاهرة الجريمة الرقمية في الفضاء السيبراني، وسبل محاربتها من العالم الواقعي نحو الواقع الافتراضي

العنوان بلغة أخرى: The Spread of Digital Crime in Cyberspace, and Ways to Ablate it From the Real World towards Virtual Reality
المصدر: مجلة الباحث للدراسات القانونية والقضائية
الناشر: محمد قاسمي
المؤلف الرئيسي: جريفي، محمد يوسف (مؤلف)
المجلد/العدد: ع48
محكمة: نعم
الدولة: المغرب
التاريخ الميلادي: 2022
الشهر: نونبر
الصفحات: 211 - 248
ISSN: 2550-603X
رقم MD: 1330992
نوع المحتوى: بحوث ومقالات
اللغة: العربية
قواعد المعلومات: IslamicInfo
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37

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المستخلص: Since they were born human being thinks they got this world all figured out, but they forget that our world is in continuous changing, day by day related to the change of all forms of our life, now a day the use of computers become a nessecery that make man kind's life easier. The shift from analog to digital heralds the advent of a new era with multiple legal consequences, thus, with the popularization of electronic commerce and multimedia, humanity is witnessing a real revolution, such as what it witnessed during the agricultural revolution and the industrial revolution thanks to the connection of digital networks (information and communication technology) on Global and local levels, where communications are done remotely, without paper support. Digital technologies open the doors to globalization and facilitate the process of interaction, and speeding up time and reducing space has important legal consequences, transmissions and access to information are almost instantaneous, however, law is often seen as a brake or even as an obstacle or, on least, as a factor of insecurity by actors and all potential users, the legal dimension is likely to generate many risks that must be assessed when a person (natural or legal, private or public) opens a website, reliability must match Technical and security with legal certainty. In this area, the law contributes to trust; Without it, e-commerce will not be able to benefit from the largest possible range of people, and therefore will not be able to contribute to development and wealth creation on the one hand, and on the other hand, cyberspace will not be able to provide the necessary legal and security environment for any transaction. Whatever kind. However, in light of the environment of information stored automatically, it was necessary to “weak” the grip of security, monitoring and control, and the flourishing of espionage, piracy, sabotage and destruction of electronically processed information, until it became a serious threat to all government organizations whose business depends on computers and communication networks. Risks of misuse of computers and manipulation of programs and information files stored automatically with the intent to obtain undue money, assets and services, and emerge as targets for sabotage and terrorism operations for the information processing system, databases, computer programs and communication networks, especially those used for defensive purposes ,Countries, whether developed or on the way to growth, including Morocco, began to suffer from crimes of tampering and sabotage directed at computers themselves, theft of information stored in them, fraud and financial fraud associated with them, and unauthorized use of computer services and other technical crimes that turned from mere violations The individuality of systems security has turned into a technical phenomenon that threatens national security before it threatens companies, institutions and individuals, especially since the Internet, since “Van Ser” American researcher at the Los Angeles Association in 1974 reached this system, which among its disadvantages, facilitated the commission of Cross-border cybercrime So that a person who has the technical skill and is armed with some technical equipment can erase, modify, destroy or seize electronically processed data in another country within a few seconds. The emergence of informatics and its multiple applications has led to the emergence of new problems within the scope of criminal law and in other branches of law, as digital crime has a special and distinct nature for several considerations, including: The nature of information money, the modernity of the computer and its operation technology, and the recent phenomenon of the information criminal with high technical skills, and despite the tremendous efforts and continuous support made by the legislator, which appears clearly through the continuous modernization of the legislative system, the legislative deficiency in the field of digital crimes is still It presents itself strongly, and therefore the legislator must intervene to include protection of all digital funds and all persons in their broad sense in light of the current texts that have become unable to keep pace with modernity and progress known by the cyber scene, especially in the field of digital crime.

ISSN: 2550-603X

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