The Issues on the Application of Article 56(1) Telecommunications Act

 

Title
The Issues on the Application of Article 56(1) Telecommunications Act
Author
Tzung-Min Huang
Keywords
Telecommunications Act, Electromagnetic Means, Unauthorized
Access, Unauthorized Use, Criminal Regulation
Abstract
This article was to analyze the practice concerning Article 56(1) of Telecommunications
Act. The courts apply Article 56(1) by virtue of the criteria set by the
Supreme Court. However, these criteria deviate from the text of Article 56(1),
which states the offense conducted through “wire-based, wireless or other electromagnetic
means.” Furthermore, the judges used to and still dose misinterpret the
legal text of Article 56(1). As a result, a large number of cases fell into the scope of
Article 56(1), even if they did not involve electromagnetic means. The requirement
of the means indicates the basis for the penalty and therefore should not be neglected.
The author argues that the “unauthorized access or use of another person’s
telecommunications facilities” in Article 56(1) refers only to the actions conducted
through electromagnetic means. The actions, which relate to the electromagnetic
devices, such as using mobile phones of others, do not constitute the offense provided
for in Article 56(1). On the other hand, criminal regulation is not suitable for
the problem situation. The demand for penalty arose from weakness of civil relation
status, but penalty cannot relieve it.
Abstract Article

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