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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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    INFORMATION CRIMES LAW.. LEGALISTS ANSWER CONTROVERSIAL POINTS

    rocky
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    INFORMATION CRIMES LAW.. LEGALISTS ANSWER CONTROVERSIAL POINTS Empty INFORMATION CRIMES LAW.. LEGALISTS ANSWER CONTROVERSIAL POINTS

    Post by rocky Sat 26 Nov 2022, 5:59 am

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    INFORMATION CRIMES LAW.. LEGALISTS ANSWER CONTROVERSIAL POINTS
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    [You must be registered and logged in to see this link.]5 hours ago28


    The Information Crimes Law continues to spark widespread controversy in Iraq for fear of turning it into a tool of repression and stifling of opinions. Concerns arose after the House of Representatives completed its first reading at the request of the government.
    Legalists believe that the Information Crimes Law did not clarify the clear definition of the distinction between criticism and criticism
    The expert and academic in law, Muhammad al-Samarrai, considers the enactment of the Cybercrime Law "an important step because these crimes pose a threat to society and the state," justifying this by the fact that "the spread of electronic crimes has made it necessary to find a legal organization to criminalize and punish the perpetrators of electronic crimes in a manner that does not contradict the principles of Human rights, public rights and freedoms.
    Al-Samarrai says, "The draft law on information or electronic crimes has not been officially and accurately made available to the public and specialists, and that what has been circulated so far is an old draft dating back to 2018, where it is assumed that there is importance to publishing it in order to define the draft law clearly, to be seen by specialists, and to express legal opinions." necessary to support it,” noting that “involving specialists in reading and discussing the law is important in order to produce it in the right way that achieves the purpose of its legislation away from political whims or restriction of freedoms.”
    Regarding his observations about the draft information crime law, Al-Samarrai indicated that "using the term information crime instead of electronic crime may be understood as the inclusion of wired and wireless means of communication, and therefore, it is more correct to call it the cybercrime law with the consistency of the content of the law with its title," stressing that "it must Unauthorized access to websites and networks is the criminal. It is not permissible to criminalize entry if those sites are permitted in the first place, and here this must be taken into account in the paragraphs of Article Five of the draft information crimes law.
    Al-Samarrai called for "adding a paragraph that prohibits the inspection of electronic devices without the existence of a judicial decision to do so, and criminalizes those who transgress that." He also pointed out, "the need to include in the law the legality of dumping the content of electronic devices by a judicial order and by technicians and specialists as a condition for considering the information contained in dumping the content."
    The legal expert pointed out that "the text of Article 8 of the draft law must be amended and the generality of the text criminalizing assault on religious, family or social principles and values ​​must be neutralized, as they are general and loose terms that can be used in something incorrect to harm citizens," noting that "the text must also be amended." Article Five, second paragraph, so that the penalty for merely entering websites and networks must not be equal with crimes of destruction, deletion, or alteration of data.
    Regarding the penalties contained in the Information Crimes Law, Al-Samarrai said that they "up to ten years in prison, which are very exaggerated penalties for new and completely unregulated crimes, and the penalties must be imposed gradually," while stressing that "the law did not take into account the right to obtain information before researchers, media professionals, and specialists, which constitutes a restriction on rights and freedoms.”
    The legal expert and former judge, Ali Jaber Al-Tamimi, revealed several notes that were recorded regarding the draft information crimes law, which the House of Representatives intends to legislate after completing its first reading.
    Al-Tamimi said, "The information crimes law did not clarify the clear definition of the distinction between criticism and criticism," noting that "this point and definition is very important because there is a large space for using social media, while the legislator differentiated between insulting, defamation, and defamation in its articles."
    He continued, "Criticism is intended for reform, correction, and goodness, while criticism is blaming, revealing the hidden, and spreading laundry," noting that "criticism is devoid of the moral crime element, which is the basis for crimes of insult, defamation, and defamation," while pointing out that "criticism is attributing an incident to a person." If it is correct, it will make him a subject of contempt among his people, and it is also an insult to feelings.
    And Al-Tamimi stated that “criticism, according to the draft law, is good intentions, and it is the outward appearance of good and the hidden beauty, and criticism contradicts the prevailing customs, traditions and customs,” explaining that “criticism is supposed to have good intentions, which is to cover others and help by extending a helping hand, while criticism is an attempt to drown others in mud, which is an escape.” of duty."
    He pointed out that "there are dividing lines between criticism and criticism that need accuracy in distinguishing and criterion between the two, which is all that constitutes a crime," stressing that "what constitutes a crime is criticism that is punishable by law, and its opposite is criticism that is in the proper, and yet it cannot be seen The difference from opinion is easy, except by knowing the intentions, that is, the criminal intent that the investigation shows.”
    Regarding the oversight of social media that must be present in the law, Al-Tamimi believes that "there is a need to establish a special section in the Media and Communications Commission, which would serve as an amendment to Law 65 of 2004. This section includes a number of specialists in the media and the law, monitors what is published, and is linked to the executive director of the authority." .
    The expert explained that "if the team to whom the tasks are assigned detects what constitutes a crime, then the person is referred to the competent court according to the spatial jurisdiction close to the authority, and this control is linked to other security agencies from which it receives information."
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