{"id":651,"date":"2025-07-17T13:32:58","date_gmt":"2025-07-17T13:32:58","guid":{"rendered":"https:\/\/informatics.ly\/en\/?post_type=session&p=651"},"modified":"2026-06-07T08:59:32","modified_gmt":"2026-06-07T08:59:32","slug":"cybercrime-law-session","status":"publish","type":"session","link":"https:\/\/informatics.ly\/en\/session\/cybercrime-law-session\/","title":{"rendered":"Draft Law on Cybercrime and Digital Evidence"},"content":{"rendered":"\n

Introduction<\/h3>\n\n\n\n

The workshop was convened to discuss a new draft law concerning “Virtual Crimes and Digital Evidence”<\/strong> in Libya. The session aimed to present a near-finalized version of the law and open the floor for discussion to gather feedback from experts, including representatives from judicial bodies, civil society, and technical and security agencies.<\/p>\n\n\n\n

Historical Background<\/h3>\n\n\n\n

The workshop clarified that efforts regarding this law are not new; initial attempts began in 2008, with subsequent drafts in 2009 and 2015. The current version represents a modern update that accounts for recent technological and legislative shifts.<\/p>\n\n\n\n

Research and Global Alignment<\/h3>\n\n\n\n
    \n
  • Regional Benchmarking:<\/strong> The IT Crime Combatting Department reviewed laws from 22 Arab countries, noting that the most recent was the Syrian law of 2023.<\/li>\n\n\n\n
  • International Standards:<\/strong> To ensure a balanced legal framework, the draft was cross-referenced with international agreements such as the Budapest Convention on Cybercrime<\/strong> and the Arab Convention on Combating Information Technology Offences<\/strong>, alongside human rights treaties.<\/li>\n<\/ul>\n\n\n\n

    Statement by the Libyan Association for Members of Judicial Bodies<\/h3>\n\n\n\n

    A representative of the Association emphasized several critical points:<\/p>\n\n\n\n

      \n
    • Urgency:<\/strong> The law comes at a crucial time as digital space crimes have become a genuine threat to national and societal security.<\/li>\n\n\n\n
    • Targeted Offenses:<\/strong> Examples include system hacking, privacy violations, fraud, extortion, defamation, and the spread of extremist ideology.<\/li>\n\n\n\n
    • Digital Evidence:<\/strong> Identified as the “cornerstone”<\/strong> of prosecution, requiring precise mechanisms for preservation, analysis, and legal admissibility.<\/li>\n\n\n\n
    • Support:<\/strong> The Association expressed full readiness to provide legal consultations and expert judges to help draft a modern, balanced law.<\/li>\n<\/ul>\n\n\n\n

      Justifications for the New Draft<\/h3>\n\n\n\n

      The Gap Between Law and Practice:<\/strong><\/p>\n\n\n\n

      The speaker noted that previous Law No. 5 was insufficient. A significant gap exists between rigid legal texts and the practical realities of modern crimes, many of which lack clear legal characterization.<\/p>\n\n\n\n

      Keeping Pace with Innovation:<\/strong><\/p>\n\n\n\n

      The draft aims to address technologies like Artificial Intelligence<\/strong> and new criminal methods such as Skimming<\/strong> (card cloning).<\/p>\n\n\n\n

      Alarming Statistics:<\/strong><\/p>\n\n\n\n

      Data revealed a sharp rise in cybercrime:<\/p>\n\n\n\n

        \n
      • 2024:<\/strong> 604 cases.<\/li>\n\n\n\n
      • First Half of 2025:<\/strong> 470 cases (projected to exceed 900 by year-end).<\/li>\n<\/ul>\n\n\n\n

        Newly Added Offenses:<\/strong><\/p>\n\n\n\n

        The draft criminalizes acts previously not explicitly covered, including:<\/p>\n\n\n\n

          \n
        • Misuse of encryption for criminal purposes.<\/li>\n\n\n\n
        • Spamming (unsolicited promotional emails).<\/li>\n\n\n\n
        • Spreading fake news and rumors.<\/li>\n\n\n\n
        • Possession of prohibited technical media.<\/li>\n\n\n\n
        • Digital drug promotion and online gambling\/betting.<\/li>\n\n\n\n
        • Liability of hosting providers for prohibited content.<\/li>\n<\/ul>\n\n\n\n

          Key Discussions and Feedback<\/h3>\n\n\n\n

          1. Structural Legal Observations (Presented by Dr. Mohamed)<\/h4>\n\n\n\n
            \n
          • Terminology:<\/strong> Proposed changing “Virtual Crimes” to “Cybercrimes”<\/strong> or “Electronic Crimes,” as the latter is internationally recognized and more inclusive.<\/li>\n\n\n\n
          • Title Clarity:<\/strong> Critiqued including “Digital Evidence” in the title, arguing it is a procedural outcome that belongs in the Criminal Procedure Code<\/em> rather than substantive penal law.<\/li>\n\n\n\n
          • Drafting Style:<\/strong> Suggested that the texts are overly detailed; penal laws should be concise, leaving technical specifics to executive regulations to allow for easier updates as technology evolves.<\/li>\n\n\n\n
          • Corporate Liability:<\/strong> Critiqued the draft for insufficient coverage of “Legal Persons” (corporations), arguing entities should be held criminally liable for crimes committed by employees for the entity’s benefit.<\/li>\n<\/ul>\n\n\n\n

            2. Legal Status of Ethical Hacking<\/h4>\n\n\n\n

            A participant inquired about protections for “Ethical Hackers” hired to test system security.<\/p>\n\n\n\n

              \n
            • Response:<\/strong> This currently exists in a “legal gray area.” However, Article 14<\/strong> of the draft may address this by exempting those acting in good faith for legitimate technical testing or protection purposes.<\/li>\n\n\n\n
            • Consensus:<\/strong> A clear licensing mechanism is needed to provide legal cover for this profession.<\/li>\n<\/ul>\n\n\n\n

              3. Concerns Regarding Freedom of Expression (Presented by Mr. Rami, ISOC)<\/h4>\n\n\n\n
                \n
              • Potential for Suppression:<\/strong> Concerns were raised that Article 39<\/strong> (Defamation) could be used to suppress activists and journalists.<\/li>\n\n\n\n
              • Media vs. Individuals:<\/strong> Critiqued the disparity in penalties between registered media outlets and individuals on social media, which often subjects ordinary citizens to harsher punishments.<\/li>\n\n\n\n
              • Proposed Solution:<\/strong> Suggested that defamation cases should be civil<\/strong> (monetary compensation) rather than criminal<\/strong> (imprisonment).<\/li>\n<\/ul>\n\n\n\n

                4. AI and Legal Liability<\/h4>\n\n\n\n

                A major question was raised regarding crimes committed by AI (e.g., self-driving car accidents).<\/p>\n\n\n\n

                  \n
                • Discussion:<\/strong> Who is liable\u2014the programmer, the manufacturer, or the owner?<\/li>\n\n\n\n
                • Global Trend:<\/strong> The workshop noted that the current trend favors the “Human in the Loop”<\/strong> principle, requiring human oversight to establish legal accountability.<\/li>\n<\/ul>\n\n\n\n

                  Summary and Outcomes<\/h3>\n\n\n\n
                    \n
                  • A Work in Progress:<\/strong> The draft is not final; feedback from this session will be used for revisions.<\/li>\n\n\n\n
                  • Inter-agency Coordination:<\/strong> There is an urgent need for coordination between security, judicial, and legislative bodies to avoid conflicting laws.<\/li>\n\n\n\n
                  • The Balancing Act:<\/strong> The primary challenge remains balancing crime prevention with the protection of human rights and freedom of expression.<\/li>\n<\/ul>\n","protected":false},"author":6,"featured_media":753,"parent":0,"template":"","meta":{"_acf_changed":true},"class_list":["post-651","session","type-session","status-publish","has-post-thumbnail","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/session\/651","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/session"}],"about":[{"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/types\/session"}],"author":[{"embeddable":true,"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/users\/6"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/media\/753"}],"wp:attachment":[{"href":"https:\/\/informatics.ly\/en\/jesulib\/wp\/v2\/media?parent=651"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}