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2014-05-05

Current Circumstances of the Cyber Law Regulations in Mongolia



Introduction
By the United Nations E-Government survey, Mongolia ranked in 76 out of 193 countries by 2012 and in 65 by 2014.  The Mongolian Government adopted the “E-Governance National Program” in 2012 which will be implemented until 2016. This is the action program of the Mongolian government and its agencies and it also included to the “National Security Concept” as considered a main policy on e-governance and information security over the country.    

I. Guarantee for human rights and freedom in cyberspace
On 18 December 2013 the UN General Assembly adopted the resolution no 68/167 on the Right to Privacy in the Digital Age, which called its member States to make measures to put end to violations of the right to freedom of expression, right to seek and receive and disseminate the information in the digital age. Although Mongolia as a UN Member State, adopted yet its policy and regulatory act on guarantee for human rights and freedom in the digital age, however the information new advanced technology and internet using practice has been increasing constantly in each year. 
II. Legal regulation on data protection
Nowdays has created that condition to impact negatively to the safety and inviolability of the information, organizational data as well as secrecy on private matter regarding to lack of citizens knowledge and culture on legal issues. In addition, might be included the legitimate uncertain circumstance on this matter in Mongolia. The Information technology, Post and Telecommunication Authority of Mongolia has been forming working group to develop a draft law on Data protection.

III. Legal regulation on cyber crime
According to Criminal Law of Mongolia, to the target or object of the cyber crime attacks included PC, software program, hardware devices, data that saved and transmitted through information network, data protected network and computer based data. As regards to the court resolved cyber crime cases in Mongolia, there were quite a lot children among the cyber crime victims, even not known that they become a victim and how much they have suffered of this.
IV. Legal issues on censorship and internet filter
According to the resolution No 8 of 2011 on “General Condition and Requirement on Digital Content” adopted by the Communications Regulatory Committee (CRC) of Mongolia and which amended twice between from 2012 to 2014, Internet providers must use a government specified filtering system. Also the IP address of the customers shall be publicly visible under the user-generated content. It has been restricting the individual’s right to anonymity in unlawful way. Currently, by 30 March 2015, in total 214 websites has restricted their access from Mongolia by CRC.

V. Actions towards to the National Security.
There is a need for Mongolia to become a party of the Convention on Cybercrime which was adopted on 23 November 2001 in Budapest. Mongolia has defined its foreign policy to engage actively in the international peacekeeping operation and continue to develop a bilteral and multilateral relation and cooperation with other countries including its two neighboring countries, USA, NATO Member countries, European Union, Asia and the Pacific region countries in the field of national security and defence.

Conclusion.
In Mongolia since 2010, protecting human rights in cyberspace by discussion on the way of experience domestically as well as international standard and the information flowing activities are being intensified and sustained.
Even-though Mongolian E-government is raised steady, human rights and freedoms are not to be considering on cyber space.
The official responsible of government for the human rights and freedom in cyber environment on human rights related skills and experience levels, adoption of laws are required to protect by law. /Cyber security legislation, Data protection act/
Deciding on the court of cybercrime cases a very few then the cybercrime victims who did not know themselves attacked to cybercrime. Such as this investigation of organization is not announced that information security and influencing to conceal business activities.
The government agency has been limited by regulation and serving the law. There should be internet user comments, content making, sharing their expression, freedom of decision of the court. To conduct the cyber freedom by using rule of domestic co-operation. Moreover, Mongolian policy should to reach to next level of acceptance though the international cooperation.

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