proposal of informatics crimes act in iraq

In the name of the people The Presidency Council Based on what has been approved by the Council of Representatives and ratified by the Presidency Council, and pursuant to the first clause of Article (61) and the third clause of Article (73) of the constitution, the following Act has been passed:

Act No. ( ) for the year 2011 Information Technology Crimes

Chapter One

Definitions and objectives Article (1): The following expressions shall have the meanings mentioned towards

them, for the purposes of this Act: First-‐ The computer: Each device or group of devices connected with each other

that conduct automated processing of data. Second-‐ Automated processing of data: the processes and functions that subject

to computer’s data to create, send, receive, save, and supply them by any means.

Third-‐ Computer data: Facts, information, concepts, or any other means used in

any form to conduct the automated processing of data including the software and systems.

Fourth-‐ Software: Set of orders that make the system able to perform automated

processing of data. Fifth-‐ Authorities to provide information services: Every natural or judicial person

providing the users with the website services that allow the computers to connect to each other or to any other person who processes the saved data on behalf of the service provider.

Institute for International Law and Human Rights 10 August 2011

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Sixth-‐ Access data: Codes or figures for logging into the network, devices, computers, or any similar definition data sent from or to a point of communication including the date, size and time of communication and any information that identify the location that the information transferred from it or to it by any means of communications including cellular communication.

Seventh-‐ Subscription data: information required by the service provider and are

necessary to identify and distinguish the physical address of the subscriber or the user or to identify the account of the recipient of the communication service from the service provider that includes any information relating to the website, devices, individuals, computers, definition data, services, fees, real place of the devices if they were different from the site that provides access data.

Eighth-‐ Electronic card: Credit cards, payment or draw cards, or any other card

issued by an entity licensed by law. Ninth-‐ Internet: Set of computers or information processing systems connected

with each other to obtain the data and information and exchange them such as the private networks, public networks, and global networks of the internet and the like.

Tenth-‐ Electronic signature: a personal sign that take the form of letters, figures,

codes, marks, sounds or others that has unique character indicates its belonging to the website and to be approved by the certifier.

Eleventh-‐ Electronic means: the technology of using electrical, magnetic, optical,

electromagnetic, or any similar means in creating, processing, exchanging, and saving the information.

Twelfth-‐ Information: Date, texts, images, shapes, sounds, codes, database,

computer software, and the like that create, save, process, or send by electronic means.

Thirteenth-‐ E-‐mail: Letter contains information to be created, merged, saved, sent, received in whole or in part by electronic, digital, optical or any other similar means.


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Fourteenth-‐ Information processing system: the electronic system used to create

messages of information, and to send, receive, process, or save them in any other means.

Fifteenth-‐ Electronic certificate: The certificate issued by the legally licensed

entity to show the belonging of the electronic signature to a specific person based on documented procedures approved by the law.

Article 2-‐ This Act aims at providing legal protection for the legal use of the computer hardware and the internet, and punishes the natural or judicial persons who violate the rights of the users of these devices and prevents misusing them in the information technology crimes.

Chapter two

Punishment provisions

Article 3 First-‐ The penalty shall be life imprisonment and a fine of not less than

(25000000) twenty five million ID and not exceeding (50 000000) fifty million ID for anyone who uses intentionally the computer hardware and the internet with the intention of committing one of the following acts:

A-‐ Affect the independency and the unity of the country, or its high economic, or

political, or military, or security interests. B-‐ Participate, negotiate, promote, make contract, or deal with the enemy in any

way in order to destabilize the security and public order, or expose the country to dangers.

C-‐ damage, defect or hinder devices, computer systems, software, or the information network that belong to the security, military, or intelligence agencies with the intention of affecting the internal or external security of the country, or exposing them to dangers.

Second-‐ Any person uses intentionally the computer hardware and their software

or their systems or the information network of the security, military, or intelligence agencies with the intention of harming them or copying from


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them or with the intention of sending their content to the enemy or taking advantage of them to execute crimes against the internal or external security of the country, or to facilitate hiding the traces of such crimes or covering them shall be punished by the penalty stipulated in this Article.

Article 4-‐ The penalty shall be life imprisonment and a fine of not less than

(25000000) twenty five million ID and not exceeding (50 000000) fifty million ID for anyone who sets up or manage a website on the information network with the intention of committing one of the following acts: -‐

First-‐ Execute terrorist operations under fictitious names or facilitate the

communication with the leaders and members of the terrorist groups. Second-‐ Promote terrorist acts and their ideas or publish information about

manufacturing, preparing and using the incendiary or explosive devices, or any tools or other materials used in planning or executing the terrorist acts.

Article 5-‐ The penalty shall be life imprisonment and a fine of not less than

(30000000) thirty million ID and not exceeding (40 000000) forty million ID for whoever commits one of the following acts: -‐

First -‐ set up a website or publish information on the information network for the

purpose of conducting or facilitating any form of human trafficking, or promoting it, helping to conduct it, making contracts, dealing, or negotiating for the purpose of concluding bargains relating to any form of human trafficking.

Second -‐ set up a website or publish information on the information network for

the purpose of trading in narcotic or mind altering substances and the like, or promoting them, using them, facilitate dealing with them, making contracts, dealing, or negotiating for the purpose of concluding bargains relating to any form of trading in them.

Article 6-‐ The penalty shall be life imprisonment or temporary detention and a

fine of not less than (25000000) twenty five million ID and not exceeding (50 000000) fifty million ID for anyone who uses the


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computer and the information network for the purpose of committing one of the following acts: -‐

First-‐ Agitate the armed rebellion or threaten by thereof or promote it, or incite

sectarian or sectarian trends, incite seditions, disturb security and public order, or harm the reputation of the country.

Second -‐ Damage, disrupt, impair, hinder, or harm intentionally the computer

systems or computer hardware, or the information network of government departments with the intention of affecting its system and its infrastructure.

Third-‐ Publish or broadcast false or shaded facts in order to weaken the

confidence in the electronic financial system or the electronic commercial and financial papers and the like or damage the national economy and the financial confidence of the country.

Article 7-‐ The penalty shall be temporary detention and a fine of not less than

(10000000) ten million ID and not exceeding (30 000000) thirty million ID for any whoever commits one of the following acts: -‐

First -‐ Use intentionally the computer system or the internet belonging to people,

companies, institutions, banks, or financial markets and appropriate to himself the property of other people or their financial rights, or made for himself or for another financial benefit or deprived others of his financial rights by any electronic means.

Second-‐ Use the computers or the information network to appropriate to himself

or to others software, information, data, or codes through any electronic transaction, electronic contract, electronic cards, movable property, deed, or signs upon deed using deception, a false name, or impersonation with intent to defraud the victim.

Third-‐ Tamper, play with, alter, change, or create any data, statements of

account, or software related to stocks, deeds, and prices of circulated currency in Iraq, or any data, statements of account, or software used by


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bodies inside Iraq in the activities of circulating stocks, deeds, or currencies that take place outside of Iraq for the account of others.

Article 8-‐ First-‐ The penalty shall be temporary detention and a fine of not less than

(10000000) ten million ID and not exceeding (15 000000) fifteen million ID for whoever commits one of the following acts: -‐

A-‐ Forge, imitate, or create by himself or by another person a signature, deed,

email, approval certificate, or a license to practice e-‐signature services and the like, or intentionally used them illegally.

B -‐ Forge, imitate, or create by himself or by another person in any form an electronic card or smart card or any means of transferring the local or foreign currency inside Iraq or using, circulating, or dealing with it while he knows that it is false.

C -‐ Use or try to use fake or false electronic card while he knows that it is false, or accept to pay using the fake or false credit card while he knows that it is false.

D – Create intentionally to himself or to other person any false electronic data, documents, registers, or records, or make any change or alteration in any electronic deed, or use any of them before any public or private body.

E – Make for the purpose of sale, distribution, or expose any software, hardware, data, or any technical means to be used in forgery, counterfeiting, creating, or modification with the intention of committing a felony or misdemeanor.

Second-‐ The penalty shall be imprisonment for a term not less than (10) ten years

and a fine of not less than (20000000) twenty million ID and not exceeding (30000000) thirty million ID if the acts defined in Sub-‐Article (First) of this Article:

A – Relate to the rights of the state, the public sector, or the private entities with

public benefit. B -‐ Commit by an officer or by a person in charge of public service during

performing his job or because of it. Article 9-‐ First-‐ The penalty shall be imprisonment for a term not less than (10) ten years

and a fine of not less than (5000000) five million ID and not exceeding


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(10000000) ten million ID for whoever abstracts or appropriates intentionally an electronic signature, email, deed, electronic records, electronic trade and financial papers, or any other electronic output related to the rights or properties of others to achieve a benefit to him or to others, and the punishment shall be imprisonment in case of intentional possession in order to be exploited to bring benefit to himself or to others.

Second-‐ The penalty shall be imprisonment for a term not less than (10) ten years

and a fine of not less than (3000000) three million ID and not exceeding (5000000) five million ID for whoever entrusts to devices, software, data, information network, electronic cards, or any other electronic outputs, or entrusted by public authorities to maintain them as a guard or a trustee, and after that he appropriate them with the intention of possession or he act with it according to his interest or others interest, or bring an illegal benefit to him or to another person.

Article 10-‐ The penalty shall be imprisonment for a term not less than (7) seven

years and a fine of not less than (10000000) ten million ID and not exceeding (30000000) thirty million ID for whoever creates, manages, promotes, or set up a website on the information network to allow or facilitate money laundering or accept illegal financial transactions such as bank drafts and fake trading operations, or move, exchange, use, acquire, or possess the money using electronic means contrary to the law or hide its sources knowingly it is derived from an illegal sources.

Article 11-‐ First-‐ The penalty shall be imprisonment for a term not exceeding (7) seven years

and a fine of not less than (3000000) three million ID and not exceeding (5000000) five million ID for anyone who: -‐

A-‐ Threaten another person, by using the computer or the internet, with

committing a felony against himself or his property, or against another person or his property with the intention of intimidating him, or driving him to do something or prevent him from doing something.

B -‐ Send or transmit any electronic message, news, or document using the computers or the information network knowingly contains threat or


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blackmail for a person with the intention of intimidating him, or driving him to do something or prevent him from doing something.

Second-‐ The penalty shall be imprisonment and a fine of not less than (2000000)

two million ID and not exceeding (4000000) four million ID for whoever threatens another person with using the computers and the information network in other cases defined in Sub-‐Article (First) of this Article.

Article 12-‐ First-‐ The penalty shall be imprisonment and a fine of not less than (3000000) three million ID and not exceeding (5000000) five million ID for whoever creates, publishes or provides an incorrect electronic certificate. Second-‐ The penalty shall be imprisonment for a term not less than (3) three months and not exceeding (1) one year or a fine of not less than (30000000) thirty million ID and not exceeding (50000000) fifty million ID for whoever practice the activity of electronic ratification and issuing certificate contrary to the law. Article 13-‐ First-‐ The penalty shall be imprisonment for a term not less than (3) three years

and a fine of not less than (5000000) five million ID and not exceeding (10000000) ten million ID or of both penalties for anyone who: -‐

A-‐ Damage or hurt an electronic signature, means or mail. B-‐ Use or create intentionally an electronic signature, means or mail contrary to

the conditions and specifications set by the competent authority. C-‐ know, due to his position, the data of the electronic signature, electronic

means, or information and divulges them with the intention of harming the others or bringing financial benefit to himself or to the others or using them for other purpose for which they were given.

D-‐ Gain unlawfully an electronic signature, means or mail, or get access to this electronic means or hinder or impair its role.

Second-‐ The penalty shall be imprisonment and a fine of not less than (3000000)

three million ID and not exceeding (10000000) ten million ID for whoever submits incorrect information to an authorized body that practice the


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activity of issuing the electronic approval certificate with the intention of obtaining, suspending or canceling the approval certificate.

Third-‐ The penalty shall be a fine of not less than (3000000) three million ID and

not exceeding (5000000) five million ID for whoever declines to provide the security authorities and bodies responsible for issuing the licenses with the required reports, information and statistics, data, records, electronic commercial and financial papers, software, or any other outputs to the extent that relates to their activities and do not contradict with the intellectual property rights.

Article 14-‐ First-‐ The penalty shall be imprisonment for a term not exceeding (3) three years

and a fine of not less than (10000000) ten million ID and not exceeding (15000000) fifteen million ID for anyone who: -‐

A -‐ Damage, defect or disrupt an electronic deed or electronic card that proves a

debt, dispose, or any financial or moral rights or any other e-‐mail used to prove the rights.

B -‐ Use in his work intentionally electronic commercial or financial papers, records, electronic cards, and the like of the computer and information network outputs that include other rights and neglects arranging them.

Second-‐ The penalty shall be imprisonment for a term not less than (3) three

years and a fine of not less than (15000000) fifteen million ID and not exceeding (25000000) twenty five million ID or either for whoever disrupts intentionally the computers and the internet devoted to the public interest, or damage or hinder their functions.

Third-‐ The penalty shall be imprisonment for a term not exceeding (3) three

months and a fine of not less than (2000000) two million ID and not exceeding (5000000) five million ID for anyone who: -‐

A -‐ Entrust with operating the computers and controlling them, and he was

intentionally the cause of damage, disrupt, hinder or defect the computers or their systems, software, or their networks and the like.


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B -‐ Intrude, bother, or call the users of the computers and the internet without permission or hinders using them by the beneficiaries.

C – Log into a website or an information system intentionally, without permission, or makes connection with the computer system or with part of it.

D -‐ Use, without permission, or caused to use the computers belonging to others directly or indirectly.

E – Make use of telecommunications services unlawfully, through the internet or one of the computers.

Article 15-‐ First-‐ The penalty shall be imprisonment and a fine of not less than (10000000) ten

million ID and not exceeding (15000000) fifteen million ID for anyone who: A-‐ Excess the scope of the authorization given to him intentionally or intercepts

any information during the transmission of the communications. B-‐ Eavesdrop or watch the stored and exchanged data in information systems. Second-‐ The penalty shall be imprisonment for a term not less than (4) four years

and a fine of not less than (15000000) fifteen million ID and not exceeding (25000000) twenty five million ID if the act provided for in clause (one) of this Article results in the deletion, destruction, alteration, defection, disruption, or republication of data and information belonging to others unlawfully.

Article16-‐ The penalty shall be imprisonment for a term not less than (7) years

and a fine of not less than (25000000) twenty five million ID and not exceeding (50000000) fifty million ID or either for whoever receives or intercepts, unlawfully, communication transmitted by one of the computers and through the information network with the intention of bringing financial benefits for himself and for others.

Article17-‐ First-‐ The penalty shall be imprisonment for a term not exceeding (3) years and a

fine of not less than (5000000) five million ID and not exceeding (10000000) ten million ID for whoever decodes or damages the code of an electronic signature, computer, information network, or an electronic card of other person with the intention of committing one of crimes stipulated in this Act.


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Second-‐ The penalty shall be temporary detention and a fine of not less than (10000000) ten million ID and not exceeding (15000000) fifteen million ID if the act defined in Sub-‐Article (First) of this Article was done against computers, software, networks, deeds, electronic cards, or rights of government departments and public institutions or those who work on their behalf.

Article 18-‐ First-‐ The penalty shall be imprisonment and a fine of not less than (5000000) five

million ID and not exceeding (10000000) ten million ID for anyone who: A. Provide false electronic information or data to the judicial or administrative

authorities knowingly that they are inaccurate. B. Decline to provide information or data to the judicial or administrative

authorities. Second-‐ The penalty shall be imprisonment for a term not exceeding (3) three

years and a fine of not less than (2000000) two million ID and not exceeding (3000000) three million ID for anyone who:

A. Use the computers and the information network and assume a false identity or

name with the intention of deception and fraud. B. Set up or use unreal or illusory website, or conceal or helped to conceal the fact

of a website on the information network with the intention of committing one of the crimes defined in this Act.

Third-‐ The penalty shall be imprisonment for a term not less than (7) seven years

and a fine of not less than (15000000) fifteen million ID and not exceeding (20000000) twenty million ID if the crime defined in Sub-‐Article (First) and (Second) of this Article commits by an officer or by a person in charge of public service, or if the false title, name, or the information relates to an public officer or government department.

Article 19-‐ First-‐ The penalty shall be imprisonment for a term not less than (3) three years

and a fine of not less than (5000000) five million ID and not exceeding (10000000) ten million ID for anyone who:


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A. Obtain illegally information, data, software or any computer outputs and he set

them up or announce them intentionally by using the computer and the information network with the intention of harming others.

B. Disclose any kind of subscribers’ information or their secrets or disclose the access data to any other party without an approval issued by a competent official body.

C. Sell, transfer, or trade in the personal data that the subscribers provided them to him for any reason without their permission to bring financial benefit to him or to others.

Second-‐ The penalty shall be imprisonment for a term not less than (7) seven

years and a fine of not less than (5000000) five million ID and not exceeding (10000000) ten million ID if the acts defined in Sub-‐Article (First) of this Article Commits by an officer or by a person in charge of public service while he is performing his job or because of it.

Article 20-‐ First-‐ The penalty shall be imprisonment and a fine of not less than (2000000) two

million ID and not exceeding (5000000) five million ID for whoever uses the computer and the information network to commit one of the following acts:

A – Use, with the intention of fraud, a trademark in Iraq registered in the name of

other person as a title for his information network, or allowed other side who works in the field of technical services in Iraq to use it.

B -‐ Use his electronic card for payment knowingly that he has no balance, or he uses it knowingly that it is expired or cancelled, or he uses the electronic card that belongs to other person and this card was delivered to him without the knowledge of the owner.

Second-‐ The penalty shall be imprisonment for a term not exceeding (10) ten

years and a fine of not less than (5000000) five million ID and not exceeding (10000000) ten million ID in one of the two following cases:

A -‐ If the offender is an officer or a person in charge of public service and

committed one of the crimes defined in Sub-‐Article (First) of this Article while he is doing his job or because of his job, or he facilitates the crime to others.


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B -‐ If the acts defined in Sub-‐Article (First) of this Article targets any of the computer systems or the information networks that belong to any government entity in Iraq, or it works on its behalf.

Article 21-‐ First-‐ The penalty shall be imprisonment for a term not less than (2) two years and

not exceeding (3) three years and a fine of not less than (10000000) ten million ID and not exceeding (20000000) twenty million ID for whoever commits one of the following acts:

A-‐ Use the internet and the computer to publish or copy intellectual works, literary works, or scientific research belonging to others and that protected by laws or international conventions.

B-‐ Access the website of a company, institution or others to change, delete, or modify the design of this website or exploit it unlawfully.

Second-‐ The penalty shall be a fine of not less than (500000) five hundred

thousand ID and not exceeding (1000000) one million ID for whoever publishes, copies, or trades in software or information without authorization.

Third-‐ The penalty shall be imprisonment for a term not less than (1) one year and

a fine of not less than (2000000) two million ID and not exceeding (5000000) five million ID for whoever violates, in any manner, the religious, moral, family, or the social principles or values, or violates the privacy of the private life by using the information network or the computers in any manner.

Article 22-‐ First-‐ The penalty shall be imprisonment for a term not exceeding (3) three years

and a fine of not less than (3000000) three million ID and not exceeding (6000000) six million ID for whoever sets up, runs, or helps to set up a website on the information network for gambling, or practice gambling, or call for or promote gambling using the information network.

Second-‐ The penalty shall be temporary detention and a fine of not less than

(10000000) ten million ID and not exceeding (30000000) thirty million ID for whoever commits one of the following acts:


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A-‐ Set up, run, or help to set up a website to promote and incite an act of lechery

and fornication, or any software, information, pictures, or films that breach of modesty or public morals, or engages in calling for or promoting them.

B-‐ Expose a minor or juvenile to immorality activities or use the internet to promote, product, and distribute prostitution materials, or uses the email, computer, or the internet to prepare or run immorality activities or communications using a minor, juvenile, or incapacitated person.

Third-‐ The penalty shall be imprisonment for a term not exceeding (2) two years

and a fine of not less than (3000000) three million ID and not exceeding (5000000) five million ID or either for whoever uses the computers and the internet to attribute terms, images, sounds or any other means that include libel and insult to the others.

Article 23-‐ The penalty shall be imprisonment for a term not less than (1) one year

and not exceeding (2) two years and a fine of not less than (3000000) three million ID and not exceeding (5000000) five million ID for whoever produces, sells, imports or distributes intentionally any devices, tools or computer software, or passwords or access codes that led to commit one of the crimes defined in this Act.

Chapter Three Procedures for collecting of evidence, investigation, and trial

Article 24-‐ First-‐ The investigation agencies shall undertake the investigation procedures and

collecting of evidence, and request them from their sources concerning the crimes defined in this Act.

Second -‐ It is not permitted for the investigation agencies to start the

investigation procedures without an order of the competent judge. Third-‐ The chief investigator or the investigator shall undertake the enforcement

of the procedures, collecting of evidence, or any other investigation procedure stipulated in the Criminal procedures Code.


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Article 25-‐ First-‐ A-‐ The court of misdemeanors or felonies in Rusafa shall hear the crimes defined

in this law for a period of three (3) years from the date of its entry into force, each court according to its jurisdiction.

B -‐ The court defined in paragraph (A) of this Sub-‐Article shall continue hearing the crimes before it until taking a decision on this crime and reaching the final judgment.

Second -‐ The courts of misdemeanors or felonies shall hear, according to the rules

of jurisdiction, the crimes defined in this Act after the expiration of the period defined in Sub-‐Article (First) of this Article.

Third -‐ The crimes defined in this Act shall be heard by one or more judges who

have experience and competence and received special training. Fourth-‐ The competent judge may use the expertise from inside and outside Iraq

during the investigation and trial period. Article 26 – First -‐ The competent judge may: A-‐ Issue the orders to any party to save the computer data, including the

transmitted information or the data stored in the computer hardware or in its accessories and its outputs that could be changed or lost.

B -‐ Issue orders to the parties who provide information network services or the different technical services to provide the investigators with the subscription date and the password data if that would help in the detection of the crime.

C-‐ Access to the computers and the networks or to any part of them and to the data stored in them, and to access to any device or means which can store computer data inside Iraq, and to intercept, monitor and control the data by a reasoned decision that has specific duration and purpose.

D-‐ Trace the information to the computer systems and the networks connected with other suspected computer systems or networks provided that to inform the owners of the systems and the networks with this procedure and its scope, and provided that this limited procedure do not violate or affect the rights of others.


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E -‐ Seize the computers or part of them and the device that the data stored in it and transfer them to the investigation site to be analyzed and examined. The judge may copy the data without transferring the system, and may remove the data that prevent access to the computer system without damaging the system or affecting the data and the software that stored in it.

Second-‐ the side that undertakes collecting of evidence shall: A-‐ Prepare two hardcopies of the data to be analyzed and examined, and to

deliver the first hardcopy directly to the chief investigator before taking any action about it, and to start the procedures of analysis and examination on the second hardcopy. It is not allowed to make any alteration or change to these two copies.

B-‐ Provide the electronic copy of the evidence or the hardcopies of the evidence with a detailed report shows the procedures, tools and the equipment used in obtaining evidence or recovering them.

Third-‐ The investigation and the expertise side shall provide the outputs of the

electronic copies as hardcopies along with a detailed report about the date of copying t the hardcopies.

Chapter Four

General and final provisions

Article 27 -‐ The acts stipulated in this Act shall be punished by the penalties

stipulated in it without prejudice to any severer punishments stipulated by the applicable laws.

Article 28 – First -‐ The provisions of judicial person’s responsibility stipulated in Penal Code

No. 111 for the year 1969 concerning the crimes stipulated in this Act that were committed in his name or for his account, shall be applied.

Second -‐ The judicial person shall be committed to solidarity with the sentenced

person concerning the payment of the fines and compensation decided by the court, if the crime was committed in his name and for his account.


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Article 29-‐ Without prejudice to the rights of bona fide third parties, the court

may decide to confiscate or damage the tools, equipment, software, and devices used in the commission of the crimes stipulated in this Act.

Article 30 -‐ The following Codes are applicable unless specifically provided for in

this Act:

First -‐ Penal Code No. 111 for the year 1969. Second -‐ Criminal Procedure Code No. 23 for the year 1971. Article 31 -‐ This Act shall enter into effect after ninety (90) days from the date of

its publication in the Official Gazette.

Reasons In order to provide legal protection and to reach a punishment system for the perpetrators of computer and Internet crimes that accompanied the evolution, growth, and development of computer systems, networks and information technology revolution. These crimes involves a lot of risks that inflict great causalities upon the institutions and individuals, where these crimes attack the data and information and affect the private life of the individuals, threaten the national security and national sovereignty, weaken the confidence in the new technologies, threaten the human creativity, and provide legal protection for the computer systems that the State encourages depending on them in all the activities. This Act initiated.

proposal of informatics crimes act in iraq

Technology

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automated processing