Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
Informatics Crimes and Intellectual Property in Knowledge
Management
Zehra Alakoç Burma*
In the course of information society, our social and public life have
changed. There are no longer national boundaries, and from now on, there
are different lifestyles. With the internet, the classical perceptions have
changed from firm to management, from marketing to sales, from human
resources to knowledge management, from public sector to private sector,
from entairtenment to shopping. Knowledge has become the most
important instrument of competition. Knowledge management and
knowledge security have become one of the most important issues in
recent years. As a result of fascinating technological advances and internet,
new types of crime have emerged, and the criminals have begun to use the
innovations and facilities of technology. The increase of these international
crimes and their diversion to different areas has also introduced
international alliances and agreements. The scope of this study includes
the concept of knowledge management and the knowledge security as one
of the most important stages of it. In the further sections, knowledge and
cyber crimes’ mental possession have been defined and dealt with from the
legal aspect. National and international agreements and constructions in
this issue have been researched. In the conclusion part, a study on what
can be added to present situation of knowledge security and how we can
deal with the knowledge management and security of the future have been
dealt with.
JEL Codes: D8-D83, K3-K33, M1-M15, O3-O32-O33
1. Introduction
The rapid growth of technology, computers, internet, intranet, extranet and united global
networks has transformed today‟s society into the knowledge society. The contribution to
the scientific knowledge which was made in the last five years is as much as the
contribution made in the history of the mankind (Barutçugil, 2002). The internet operations
and global electronic management and commercial systems have made crucial changes
in the administration and management of today‟s systems (Laudon & Laudon, 1999).
Knowledge Management is defined as increasing the value of any firm in accordance with
its objectives, bridging the gap of its development with the rivals, gathering all kinds of
internal and external information/knowledge sources in order to be in conformity with its
own institutional activities, arranging this information/knowledge and giving it to each
employees, and hence contributing to the individual and institutional productivity
(Odabaş,2005).
In terms of management science, management of knowledge is a process which
drastically changes the management understanding. In terms of institutions, knowledge
management is an administrative and strategic tool. By using this tool, institutions make
sound decisions, accurately predict the future, effectively communicate within the
institutions and with outside, give standard service or product, and find solutions to the
existing problems and problems which can appear in future. Knowledge management
plays a crucial role in decision making process since it both shortens decision making
process and facilitates it.
*Zehra Alakoç Burma, Mersin Vocational School, Mersin University, Turkey, E-mail: zalakoc@mersin.edu.tr
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
In order to implement knowledge management effectively in an organization, a strong
infrastructure is essential (Tiwana, 2000). The infrastructure of knowledge management
consists of five main components: technology, leadership, institutional culture, intellectual
capital, and structure of organization.
In knowledge management process, there are a lot of stages such as finding, collecting,
arranging, evaluating knowledge, sharing it with employees, making shared knowledge
productive, putting the knowledge which comes from productivity into a knowledge pool
and evaluating this knowledge system. Beijerse (2000) lists the essential stages in
knowledge management system as follows:









Identify the necessary knowledge
Identify the accessible knowledge
Define knowledge gap
Develop knowledge
Acquire knowledge
Form knowledge channel
Provide knowledge sharing
Make use of knowledge
Evaluate the used knowledge
2. From Knowledge Management To Informatics And Concept Of
Informatics Law
Informatics is an occupational discipline which is based on keeping and transferring the
knowledge (Ana Britannica, 1986). To be more precise, it has been identified as the
science process of the knowledge in regular and cognitive way which is the support of the
science which human beings use for the communication in technical, economic and social
areas, particularly through electronically devices (Artuk & Gökçen & Yenidünya, 2009;
Yazıcıoğlu, 1997; Köksal, 1991). The techniques of keeping knowledge, access
paradigms, processing and transferring knowledge have been identified as the research
areas of this field. In addition, the techniques related to the arrangement of all kinds of
industrial productions and those related to the design, improvement and production of all
means used in knowledge and knowledge access paradigms have been included in this
field (Kurt, 2005).
Law is the pack of rules that stem from the need of order and it is a body of systems,
which evaluates human behaviour and is comprised of norms and rules providing
solutions to the clash of heads of benefits. Law does not indicate how human beings
actually behave in society but shows how they should behave and exists to be obeyed and
to be applied.
As in all fields, technological advances have started to change social life in the field of law
as well. These are the relations and interactions among human beings, and the violations
that emerge during this interaction go into the scope of law. Law is a living system and it
renews itself and changes in line with these changes in the social life.
While technological advances offer new legal benefits on the one hand, on the other hand
they create new violation areas, in other words, besides the benefits it provides,
“technological revolution” causes diversions from the norms and leads to new types of
crimes (Yazıcıoğlu,1999).
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
As in all new technological inventions, with the widespread networking, the emergence
and increase of violations is inevitable. Thus, the concept of “informatics crimes” has
emerged. The law makers of many countries have responded to this situation and
arranged illegal actions through cyber systems as the crime types and took legal
measures (Dülger, 2004).
3. Knowledge Security
Four important changes that have occurred in the world have been effective in the
conditions of management conditions. The first change is the global economy that has
emerged effectively; the second change is the industrial economy and the transition to
knowledge society from the industrial society to knowledge society; the third change is
seen in the organizational scheme of administrations and in the way of administration; the
fourth and the last change is the emergence of digital managements (Laudon & Laudon,
2002).
Digital firms are the firms in which almost all-important transactions with the suppliers and
workers are conducted digitally. These firms have achieved benefits of competition
against other firms with the advantages of easier and faster availability, meeting the
requirements of the customers with lower costs and faster ways thanks to technology.
Nowadays, firms are becoming digital. With globalization, there are no longer national and
international boundaries, and there are increases in digital firms among fields like emarketing, e-selling, e-production, e-education, e-service, e-human e-resources, e-state,
e- library, e-gambling, e-marriage.
Parallel to these developments, knowledge security has become as important as
knowledge management. Knowledge security is the process of preventing the use of
information; the revealing of information; the changing of information without permission
(Wikipedia, 2014)
The employees, customers, financial situations, products, researches, strategies and new
products of the firms are all the sources of information stores just like computer and its
parts, or the information is provided via today‟s modern communication devices like cell
phone. It is time to consider the results of a loss of information, which is obtained by rivals,
because of security gap in information.
Knowledge security is not only important for firms but also important for states. Most of the
leaders of the state, the governments, the army institutions, military abilities, army,
research and strategic state institutions, financial institution‟s, hospitals and private
hospitals are gathered and stored in electronically computers, and then they are
transmitted to the other computers and users through web. What would be the
consequence of obtaining such kind of knowledge by the rival countries? Today, we have
such samples, and we can give similar examples like this.
In order to highlight the importance of topic, I need to attach importance to two crucial
security gaps in recent years. These are Stuxnet and Dragonfly examples.
Stuxnet computer virus was first detected by a Russian firm named as Virus BlockAda in
June of 2010. At the first sight, it was understood that it was not a standard virus with its
complex structure. The worms extremely complex structure, the techniques it uses made
people realize that cyber war, which has been a scenario for years, is real. The reason is
that the aim of that virus was to obtain SCADA(Siemens supervisory control and data
acquisition) systems which is used for the control of water resources, petrol platforms,
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
energy centrals and other industrial places. The virus did its mission my converting the
codes and designs of the available projects in the infected computer After this, the
program used to upload its own codes by the interface to PLC(Programmable Logic
Controllers). These codes cannot be seen even when the all codes in PLCs need to be
examined. What make this virus interesting is the countries in which it infected the
computers. According to sources, it was common in Iran, Indonesia and India (Pamuk,
2010). The most interesting about the virus is that there was a claim about the virus.
According to this, the virus was responsible for the explosion which caused 36 people to
die including Hasan Tahrani Mukaddem, who was responsible for missile studies. The
explosion was in Tehran, and in the military region of Alghadir which belongs to Iran
Revolutionary Guards in 12nd of November (Sabah, 2011)
Dragonfly was announced through the famous computer security database firm Symantec.
The firm announced that people who use their software‟s are not in danger through their
webpage. The firm used “Dragonfly: Energy Spy” The other information in the website
states that “Dragonfly, which is a cyber-spy group, has the aims for energy sector. Since
2013, the group has focused on energy sector particularly in Northern America and
Europe. The group follows the same path of Stuxnet threat, and has aims for the
institutions which use industrial control systems (ICS). Our examinations illustrate that it
has vast resources, and it can use many ways to be a spy in a global organization.
Though its main aim is being spy, it can also prevent obtaining energy sources of Europe
through sabotage (Symantec, 2014).
From now on, recently, knowledge management has widened in new fields and extremely
developed. To be expert on this issue or to choose in career, there are new fields of study
like Information System Inspection and Job Sustainability Planning.
Today, ISO 27001 Information Security Administration system is used internationally. It is
a model which is used for the infrastructure of increasing knowledge and its security.
Thanks to this system, institutions can identify their infrastructure, and they can analyze
the possible risks and their controls for those risks (AndBelgelendirme, 2014).
4. Informatics and Informatics Crimes
Today, computers are not only a tool, which eases our lives, but also a tool for committing
informatics crime. At this point, there is a informatics crime concept. Informatics crime and
computer crime should be distinguished well. In order to distinguish the concepts, the
structure, the properties, and processes of crimes should be examined. The scope of
informatics crime includes the crimes in both information technologies and communication
technologies. These are crimes committed via telephone or fax, selling pirate cd, using
computer program without license are the crimes based on information. Computer crime is
any illegal act, which is done via any computer system or web, or the distribution of
properties with this data. Informatics crime does not only include computer crime but also
includes a field including communication crimes.
The most important effect in the increase of those crimes is with the emergence of
Internet. Via internet, our social and public life have changed; there are no longer national
boundaries and there are new lifestyles. With internet, the classical understanding of life
has changed in many fields, from education to trade, from government to private sector,
from entertainment to shopping. Because of this, the new crime types have appeared, and
the criminals have started to use the new and easy things that technology has brought.
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
Internet provides many access opportunities, makes the national boundaries ineffective,
and thus it makes the control of governments difficult. Furthermore, it provides easy and
cheap access, limitless information potential, strengthens the interaction perspective, and
provides more check opportunities, and it can do its functions independent from the
operation platform (windows, linux etc.) (Beceni & Uçkan, 2004).
By providing the free transaction of information, it provides the communication opportunity
equally; therefore, everybody can know information, which was previously in the
dominance of small groups. An individual can do huge campaigns, which can make firms
have problems through the internet; people from different environments can come
together and do their duties. Thus, the cost of production decreases. In some sectors,
workforce is encouraged to work at home. Therefore, all of this leads to big radical
changes in the structure of the society (Bozkurt, 2000).
Perhaps, the most important thing which distinguishes informatics crime from classical
crime is that there is no concrete clue (modus operandi) after committing crime
(Değirmenci, 2002). Therefore, different from classical crime, it requires special expertise
and investigation procedure. In many countries, there are not laws on this aspect and they
need urgent legal regulations.
It is easy to commit informatics crime, but it is difficult to find guilty ones. In the
globalization meetings done in Seattle-America, in which developed countries attended,
there have been spontaneous intensive protests in a well-organized way (Sınar, 2004).
Depending on the rapidly grown technology, computer and cyber-crimes vary. There will
be solutions for which decisional law or crime typology will be suitable. The big question is
that whether a password of a credit card is stolen and money is withdrawn in another
branch, it should be an act of informatics crime or robbery (booksGoogle, 2010). With the
same rationality, what will be the identification and punishment of a person, who enters euniversity on behalf of another person and sends homework? Is it about educational
discipline or informatics crime?
A computer virus named as love bug spreaded through 100 million computers in June of
2000 within only 18 hours. It has been created by an 18 years old Philippine student, and
it has affected 10% of computers around the world (including the computers in Pentagon
and White House), and it caused 100 million dollars financial loss. Since the informatics
crime was not a crime according to laws in Philippines at that date that action was out of
punishment.
Information related to the security of a problem in some countries of their information
security in the name of their actions; in other countries the problem of information security.
We can give the common study (ECHELON System) of security services of 5 states (USA,
England, Canada, Australia, New Zealand) to illustrate the importance of this topic.
ECHOLON system controls all of the satellite-based communication including telephone
calls and electronic mail traffic via antenna around the world. The raw data obtained from
this system are described and the content of the communication is obtained. Though its
aim is to provide national security, the strategic information, the trade secrets and the
crucial information are all shared in an unright way. According to statistics, ECHELON
system controls the 90% of the world internet traffic (Turkish Informatics Law Council
Report Of The Working Group, 2004).
There are many difficulties in the fight against informatics crime. One of the difficulties is
that the criminals cannot be identified easily. There are many related things between
crime and the result of crime in terms of service providers, content providers, website
owners, and chats without signing up. Another point is the difficulty of finding the place
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
where the crime has been committed. To illustrate, if a person enters an internet branch or
commits a crime in e-trade, it is hard to find the place. In every event, there is a path to
find the clues for the victim from the victim's computer to the old events (Hewe, 2000).
Another topic is that there is a need for advanced technical knowledge, but the education
on this issue there are not adequate salaries in public institutions. One of the most
important things is that internet victims do not know what they have to know technically
such as security, and they do not pay the required attention. Criminal sanctions are the
biggest problem in required national and international regulations.
As a result, internet has to be controlled, and because of this, international structures have
occurred. The first international treaty regarding computer crimes and internet crimes is
Cyber Crime Treaty or The Treaty of Crimes Committed in Virtual Environment. The aim
of the treaty is to prevent the outlined crimes pointed by the member states and to
collaborate against cyber-crimes. With Cyber Crime Treaty, member states have to do
legal regulations about cyber-crime, and the definitions have been made and adapted.
The treaty has been designed in order to make observer countries like Canada, Japan,
and China participate actively. The treaty and explanatory report has been accepted in
109th session from ministers of European Council, has been opened for signature on
23.11.2001, and has become valid since 01.07.2004. The treaty aims to provide the
harmony of national laws and develop research techniques. 15 countries have accepted
and validated the treaty in 02.09.2006. 28 countries signed, but they did not validate.
Since 26.12.2012, it has been accepted by 38 countries in USA. In 10 th of November
2010, Turkey signed the treaty, and it has been applied since then.
5. Intellectual Property Rights and WIPO
In the related literature, the terms of law such as “intellectual rights”, “authors‟ royalties”,
“patent rights”, “patent possession rights” are used. With all these terms, what is meant is
the rights given to people over all kinds of intellectual labour or the products produced as
a result of this process (Şekerci & Yüksel, 2001).
We often encounter the terms such as patent, brand, illegally published books and CDs
and issues of any kind, the performance of a music piece without permission. The
problem attracts our attention in cases such as the apparent difference between the prices
of two items which we think have the same qualities, sometimes the fact that we prefer the
item we buy to have a specific brand or to be produced at a particular region, or the fact
that we copy a CD or a computer program thinking that it will cost less, and the marketing
of champagne with the name of sparkling wine by some producers (Yücekal, 2014).
The core of intellectual property is comprised of the items that creativity produces such as
music, literature, industrial design and scientific inventions. For these to become a part of
the intellectual property, it is necessary for the products to be shared with the others
except the producer without remaining at the thought phase, and to be used for
commercial purposes.
Intellectual property is classified as patent rights and authors‟ royalties. Patent rights
include technological inventions, models, commercial brands of goods and services,
industrial designs and geographical signs. What authors‟ royalties include is literature,
music, artistic products, audio-visual products, films, computer programs and software and
the rights of people who produce these.
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
Apart from this, these rights also include the secondary rights of the performers,
producers, publishers of this who remain out of the group of the main producers.
Industrial revolution, and related to this, developments and commercial concerns have
required international cooperation and legal arrangements in the field. As a result of the
studies conducted WIPO (World Intellectual Property Organization-WIPO) has was
founded with 179 state members.
Intellectual property products are not only used in national borders, but also in all
international areas; hence, intellectual property works of art need to be protected both
nationally and internationally. The first meeting with this purpose was held in Brussels with
the participation of 3000 authors and artists from 15 countries in 1858. Authors and artists
in Brussels meeting asked for the adoption and arrangement of intellectual property rights
(DPT, 1994). Despite the works which started in the past and having gone through many
changes so far, protective actions of intellectual property rights based on multifaceted
agreements have not been functional enough due to the fact that countries do not have
effective legal frameworks, even if they have, they cannot implement them, that they make
discrimination between the local and foreign, the absence of adequate rules and
mechanisms which force them to obey the sentences of treaty (Şekerci & Yüksel, 2001).
6. Conclusion
Today, as one of the places for committing crime, the crime activities are generally done
outside the borders of the country. This makes it difficult to identify and capture the guilty
ones. Since each county's legal system is different from each other and is not equal, it
causes the violation of many rights and legal features. Necessary arrangements should be
made in the legal system.
Today, the most complex types of crimes are the crimes committed via using computer
technology. Since the internet is an international computer network, the fight against crime
and criminals is full of problems and difficulties. The biggest problem about committing
crimes by using the internet and high technology is to determine the identity of the person
who committed the crime. Today, with the technological developments that transcend
national boundaries of our world, cooperation on an international scale and studies about
them are required in order to fight against informatics crime.
For fighting against this type of crimes, national arrangements and structuring is very
important, but international coordination and cooperation have become a more vital issue
(Informatics Council Of Turkey, 2008). National regulations and national law are
insufficient in the fight against informatics crime. Unless the possibilities of the virtual
environment are not used by the states of the world, it is impossible to fight successfully
against crime in this area.
The solution of this depends on the prevention of crimes committed via internet, and the
effectiveness of the treaties that prepare finding the guilty ones. Urgently, there is a need
to provoke interest for participating in those treaties by all countries, and the places, where
crimes are committed, should be decreased. The participant countries should arrange
these treaties in line with their legal structure.
There should be new jobs or positions or maybe expertising studies in order to prevent
crimes. As for technological invests, which compose the most important part of firms, it
can be suggested to invest more on technological people. It should be kept in mind that
powerful technological software and expert technicians will be the most effective ways to
solve this problem.
Proceedings of 11th International Business and Social Science Research Conference
8 - 9 January, 2015, Crowne Plaza Hotel, Dubai, UAE. ISBN: 978-1-922069-70-2
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