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Computer crimes law

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Computer crimes law Empty Computer crimes law

Post by claud39 on Fri Mar 15, 2019 10:33 am


Computer crimes law

Computer crimes law Doc-P-194512-636882653653203373

BAGHDAD (Reuters) - 

In 2006 and 2011, the Iraqi parliament failed to complete its reading of the draft law on "cybercrime" because of its problems that are not commensurate with the freedom sought by journalists, activists and bloggers. Its presentation in the House of Representatives in 2011 raised a series of reactions And Amnesty International has warned of the so-called "catastrophic setback" of freedom of expression in Iraq, especially as it imposes heavy penalties, including imprisonment and heavy fines against peaceful critics who express themselves online, Is no different from the "restrictions of Saddam Hussein."

During the last sessions of the second legislative term of the fourth parliamentary session, the Iraqis were surprised to include the report of the draft law of informatics crimes, without returning to the relevant committees in this law, without taking the opinion of the parties to the Presidency of the Parliament, according to a parliamentary source, as it was put unilaterally, without the margins of human rights committees Human rights, culture, information, education and the legal committee.
An individual decision

, said the same source, for "Tomorrow 's Press", " The majority of the members of the committees concerned with the law were not aware of being put to read before the House of Representatives, and found that the decision individually came from the House of Representatives Speaker Mohammed Halbusi , " noting that " the deputies of the committees of culture And the media and human rights, sent a formal letter to Halbusi, last Wednesday, in order to delay in the discussion of this law, specifically the second reading, and put notes on it until it is ready to vote.

The text of the bill, according to the website of the House of Representatives, that the crimes of informatics, is "a criminal activity positive or negative, using technologically advanced technology either directly or indirectly as a means or goal to carry out the intentional criminal act in the information environment." The crimes were divided into eight categories: crimes against the data and programs of the information system, crimes against intellectual property rights, crimes of information fraud, crimes of infringement of religions and sects, violation of the system and public morality, crimes against state security, crimes of human trafficking, Money, crime of slander and defamation, the crime of assaulting the inviolability of private life. "

Invalid Code
Yasser Al-Salem, the president of the National Union of Iraqi Journalists, told "Al-Ghad Press" that "the law of information crimes is not valid in all its paragraphs as a penal law and that its procedures start from the fine and amount to 50 million Iraqi dinars, "The Iraqi law includes the Code of Crimes with the Iraqi Penalties No. (111) of 1961, which includes provisions referring to the crimes of publishing and obtaining, and the desire of the Authority to legislate such a law, is to limit the possibility of activist and bloggers in the use of technology."

Al-Salem added that "the crime of informatics consists of a system of laws that the Authority seeks to limit drafts such as the law of freedom of expression and peaceful demonstration and the law of the right of access to information and these drafts are all bad and contrary to the Constitution," noting that "powerful political forces are behind this law, "A law on Iraqi liberties enacted by the Security and Defense Committee, this committee on security and defense issues, is ambiguous because it is outside its jurisdiction."

Severe penalties
For his part, the journalist and the president of the Association for the Defense of the Freedom of the Press Mustafa Nasser said that "it is necessary to legislate a law on the crimes of informatics, but not the current formulations prepared by the Security and Defense Committee in 2006, especially as this committee prepared this law in order to reduce the influence of the organization "It contained harsh materials and penalties, materials that did not guarantee intellectual property rights and data privacy, and also combated the popular electronic extortion at the moment, a tactic taken by many users in Iraq and the Arab region in general."

He continued in an interview with "Al-Ghad Press" that "the most prominent problems recorded on this law in its current wording that it contains 31 articles of sanctions, all dealt with in the Iraqi Penal Code No. 111 of 1969 and therefore there is no need to return these paragraphs as long as the law is effective and contains many Of the Abra Mtaita, which is left to power in general to prosecute the Eid activists, "explaining that" the objection to the current wording of the law, because it contains penalties for the deprivation of freedoms and very harsh, as Iraq is a signatory to international conventions and treaties on freedom of expression and the principles of global media rights Man and beast Should not be formulated Iraq, the law contains a negative material for freedom. "

Penal Code

In addition, Law Zuhair Ziauddin pointed out that "the law of informatics crimes consists of (31) of these articles 20 articles are punitive articles considered a penal law in full, and the law was introduced through a number of committees of parliament, led by the Security and Defense Committee, "The law now before the parliament is the same as that submitted to Parliament in 2011 and was withdrawn from the parliament's agenda as a result of pressure from international organizations, including UNICEF and Human Rights Watch," he said in an interview with Al-Ghad Press. , Because it is considered a law that is unfair and contradicts many of the provisions of the constitution Iraqi".

"Article 36 of the Constitution guarantees that the State guarantees the right to freedom of expression and Article 46 of the Constitution stipulates that no law may be enacted that contradicts the provisions of the Constitution and in particular the articles contained within the doors of rights and freedoms. Cases of life imprisonment and a fine of up to 50 million Iraqis if one of these materials is achieved. "
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