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Established in 2006 as a Community of Reality

Welcome to the Neno's Place!

Neno's Place Established in 2006 as a Community of Reality


Neno

I can be reached by phone or text 8am-7pm cst 972-768-9772 or, once joining the board I can be reached by a (PM) Private Message.

Established in 2006 as a Community of Reality

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Established in 2006 as a Community of Reality

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    Electronic espionage.. Iraqi courts are full of family problems and a high price

    Rocky
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    • Post n°1

    Electronic espionage.. Iraqi courts are full of family problems and a high price Empty Electronic espionage.. Iraqi courts are full of family problems and a high price

    Post by Rocky Thu 03 Jun 2021, 7:23 am

    Electronic espionage.. Iraqi courts are full of family problems and a high price

    •  Time: 06/03/2021 10:59:16
       
    •  Reading: 2,041 times

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    {Local: Al Furat News} Courts receive daily dozens of family and other dispute cases due to spying on phones or social media applications, especially with the presence of programs that allow others to intrude and eavesdrop on messages or communications programs, most of which are badly used, which led to exposing betrayals or secrets between spouses and often What these problems end up in is divorce, and some of them are what happens between business partners and leads to the separation of the partnership, which in the end are factors that contribute to societal and family disintegration.
    The useful summary.. In important news, you can find it on Al-Furat News Channel on Telegram.. [You must be registered and logged in to see this link.]
    Judge Haider Faleh Hassan says that "every person has the right to deal with his private life as he sees it, and among those privacy is to keep his wired, wireless and electronic communications and correspondences confidential, which he conducts through wired or mobile phones or social networking sites as well as e-mail and other means, whether they are Negatively or positively, without being informed of it by others without his consent, whether he is a member of the public authority or a private person.
    Al-Qadi explains that "many international and regional charters and agreements, constitutions and laws guarantee the protection of the confidentiality of wired, wireless and electronic communications and correspondence, directly or indirectly, and among the most important of these international conventions is the Charter of the Universal Declaration of Human Rights issued by the United Nations General Assembly in 1948, as Article 12 of it stipulates: “Protection of the individual from arbitrary interference in his private life or correspondence, and every person has the right to legal protection against such interference or attacks.” The Arab Charter on Human Rights of 1994, as Article 6 of it stipulates, “Private life is sacred, infringing upon it is a crime and includes this private life, The privacy of the family, the sanctity of the home, the confidentiality of correspondence and other means of private communication", as well as the International Convention on Civil and Political Rights issued by the General Assembly of the United Nations in 1966, Article 17 of which stipulates:The inadmissibility of arbitrary and unlawful interference with the private lives of individuals.
    He explains that "every person has the right to legal protection against interference with the confidentiality of his communications, as the Iraqi constitution of 2005 stipulated in Article 40 of it that (freedom of communications and correspondences, postal, telegraphic, telephone, electronic and others are guaranteed and may not be monitored, wiretapped, or disclosed except for legal and security necessity and by a judicial decision." )".
    The judge adds that “the Iraqi Penal Code No. 111 of 1969 stipulates that (a penalty of imprisonment for a period not exceeding seven years or imprisonment shall be imposed on every employee or employee in the post, telegraph and telephone departments, and every employee or person charged with a public service who opens, destroys, or conceals a letter or telegram that was deposited or It was handed over to the aforementioned departments, or he facilitated for others to do so, or he disclosed a secret contained in the message or telegram, and the same penalty shall be imposed on anyone who discloses a phone call or facilitates for others to do so.”
    Hassan continued, "The changes that have occurred in society, such as the globalization of the economy and the globalization of culture, not to mention the tremendous development in the use of modern technological technologies in the field of communications and information technology, such as the use of computers, smart mobile phones, social networking sites and other modern means of communication, led to the emergence of organized crime and information crimes that are difficult for Members of the judicial police shall combat them and apprehend their perpetrators, or obtain sufficient evidence to convict them, bring them to justice, and achieve criminal justice, except by following special investigative methods.”
    And he asserts that "among the most important of these methods is electronic eavesdropping on the confidentiality of wired, wireless and electronic communications and correspondence with special electronic devices after judicial or official permission in accordance with specific controls to give priority to the best interest and the first in care, which is protecting the security of society in the fight against organized crime and information crimes, arresting the perpetrators and inflicting punishment imposed on them the interest of individuals to preserve their secrets and their right to confidentiality of their private communications and correspondence.
    He pointed out that "many international conventions stipulate the development of this type of special investigation methods, most notably the United Nations Convention against Transnational Organized Crime (Palermo) of 2000, the Budapest Convention against Cybercrime of 2001, and the United Nations Convention against Corruption of 2003."
    The judge suggests that the Iraqi legislator should introduce this type of special investigation methods and organize its provisions with explicit provisions in the Code of Criminal Procedure No. 23 of 1971, which is amended, similar to many criminal procedural laws in Arab countries, such as the Egyptian Code of Criminal Procedure, the Bahraini Code of Criminal Procedure and the Jordanian Code of Criminal Procedure. And to achieve harmonization with the aforementioned international agreements.
    For her part, Lawyer Ghufran Al-Taie says that "divorce and family problems are reported to her, including the detection of marital infidelity or quarrels and insult and slander lawsuits, in which the cause of the problem is the installation of spyware or monitoring applications such as (Messenger or Viber)."
    She explains that "the absence of a deterrent or a law to preserve privacy has allowed users of (the Web) to create eavesdropping and monitoring programs for many purposes, and thus all of them lead to these problems that amount to lawsuits."
    Ammar Al Masoudi
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