The Bylock fallacy: An In-depth Analysis of the Bylock Investigations in Turkey

Bylock is a secure communication app, whose availability Turkish authorities believe was exclusively allocated for the members of the Gülen Movement, a social and religious group which has been regarded by the regime in Turkey as a terrorist organization. The allegation of having been downloaded the Bylock app is currently a sufficient finding for the Turkish judiciary to arrest dozens of thousands of followers as well as other Turkish citizens who have had no link whatsoever with the Movement, on the basis of their alleged ties with a so-called terrorist organization. Examining the legality of the process of retrieving the Bylock metadata as well as the way the data were linked with the individual Bylock users, this article aims at informing the readers about the extent to which digital forensic principles are overlooked in Turkey via a recent case. The procedure for legally obtaining data from an electronic device and for intercepting a private communication under the Turkish Criminal Procedure Code is defined, and how the process of retrieving the Bylock data infringed that procedure is explained. The article also delves deep into what the Turkish data retention law envisages with related to the Bylock case and why the use of Bylock data in judicial proceedings contravenes the law. In a nutshell, this paper exposes the great extent to which the Turkish authorities manipulates digital data in such a way as to incriminate the critics profiled beforehand. All in all, it would be pertinent to advance that the Turkish administrative and judicial authorities joining the acquisition of the Bylock metadata, preparation of the Bylock user lists, and apprehension, detention and conviction of individuals based on those lists clearly infringe the Turkish legislation and commits serious crimes under the Turkish Penal Code.