Cybercrime Legislation In Iraq

'Cybercrime' is commonly defined as any criminal offence that is facilitated by, or involves the use of, a computer or network-connected device. The Center for Strategic and International Studies estimated that cybercrime cost the global economy US$445 billion in 2014. The global costs are estimated to reach $2 trillion by 2019. This is all without accounting for the significant portion of cybercrime that goes undetected. In this article we will provide an overview of cybercrime in Iraq and discuss the efficacy of Iraqi legislation surrounding cybercrime.

Overview of Cybercrime in Iraq

Iraq's internet sector is currently unregulated, placing it among the freest globally, but also amongst the most vulnerable. The current political and security situation in Iraq means that further work is necessary to develop the legal, technical, organisational, and capacity building fundamentals to provide comprehensive cybersecurity for its citizens, businesses, and the state.

Data on the types of cybercrime in Iraq is scarce, and rarely published by the Iraqi government. However, earlier reports released by the Iraqi government expose the most common types of cybercrime in Iraq, which have likely increased over the years.

In 2013, the Iraqi Ministry of Planning reported that, the vast majority of cybercrime is conducted via social media platforms, primarily on Facebook, and against persons rather than businesses or governments. The most common cyberattacks involve internet fraud, identity theft, child pornography, cyber-stalking, cyber-blackmail, copyright infringement, satellite piracy, and cyberterrorism.

Applicable Legislation

A draft Iraqi Information Crimes Law was proposed by the Presidential Council of Iraq in 2011. The draft law was intended to regulate the use of information networks, computers, and other electronic devices and systems. It was, however, widely argued the proposed legislation violates international standards protecting due process, freedom of speech, and freedom of association. With the result that, on 6 February 2013 following strong local and international objections, as well as a decisive letter by the Iraqi Council of Representatives' Culture and Media Committee addressed to the head of the Council, the Iraqi Council of Representatives revoked and discarded the draft law.

Iraq does not currently have any specific legislation on cybercrime in place. In the absence of specific legislation, the judiciary must apply the...