Cybersecurity laws in Palestine

Introduction

In today’s interconnected world, it’s impossible to overstate the critical importance of cybersecurity. Better technological development and adoption are undoubtedly numerous benefits ranging from an increase in efficiency and access to information worldwide with this digital revolution. The need to protect vulnerable information has also become important. With this digital revolution, any nation is exposed to new challenges, threats, and vulnerabilities that demand attention and comprehensive solutions.

Palestine, a developing nation, has also been a place for technological advancement. With this comes cyber threats, such as hacking, data breaches, and cyberattacks, which are rising in Palestine, just as in many other countries. It is to be understood that the innate nature of an interconnected world means that the threats can also transcend borders. Analyzing and recognizing the severity of the emerging challenges of the cyber world, it has become important for the Palestinian government to work diligently and build up their cyber security defenses to protect the individuals and the information that breaches within their own country. There is an utter need for a proactive approach that acknowledges safeguarding the digital future as not just a matter of choice but an imperative for national security and prosperity 

Understanding Cybersecurity in Palestine

In 2017, Palestinian President Mahmoud Abbas issued cybercrime legislation, law No. (16), through a presidential decree. Prior to this law, existing regulations were inadequate in addressing cybercrimes and primarily focused on physical offenses. Legal experts and law enforcement agencies recognized the need for a more comprehensive legal framework to combat cybercrimes effectively.

Cybercrimes, including identity theft, defamation, and sextortion, have been increasing in Palestine since 2015, affecting both the Gaza Strip and the West Bank. These crimes were attributed to greater internet usage, social media connectivity, and a lack of specific laws to prosecute cybercriminals.

In 2018, Law by Decree No. 10 of 2018 on Cybercrime was promulgated by the President of Palestine, It has both national and extraterritorial applicability, allowing the State to combat cybercrimes impacting its interests, even if committed abroad.

Key provisions of the law include the establishment of a specialized Cybercrime Unit responsible for investigations, penalties for unauthorized access, protection of government data, criminalizing the obstruction of access to electronic services, and addressing the production and dissemination of malware. It also deals with unauthorized interception, forgery, identity theft, and financial crimes involving the electronic network. 

Penalties for these offenses vary depending on their severity and can include fines, confinement, or imprisonment such as:

• Article 15: Threatening or extorting through electronic means Confinement and a fine of not less than 200 Jordanian dinars and not more than 1,000 Jordanian dinars.
• Article 16: Transmitting indecent material without consent Confinement for not less than three months and a fine of not more than 200 Jordanian dinars and not more than 1,000 Jordanian dinars.
• Article 17: Creating websites or disseminating information for human trafficking or organ trafficking Imprisonment for not more than seven years and a fine of not less than 3,000 Jordanian dinars and not more than 5,000 Jordanian dinars.
• Article 18: Creating websites or accounts for money laundering or financing terrorism Imprisonment and a fine of not less than 3,000 Jordanian dinars and not more than 5,000 Jordanian dinars.
• Article 19: Creating websites for narcotic drug trafficking or facilitating drug production Imprisonment for not less than ten years and a fine of not less than 3,000 Jordanian dinars and not more than 5,000 Jordanian dinars.
• Article 20: Violating intellectual, literary, or industrial property rights: Confinement for not more than six months and a fine of not less than 500 Jordanian dinars and not more than 1,000 Jordanian dinars.
• Article 26: Possession, production, or distribution of tools for committing cybercrimes: Imprisonment for not more than five years and a fine of not less than 3,000 Jordanian dinars and not more than 5,000 Jordanian dinars.
• Article 28: Increased penalties for employees facilitating cybercrimes: Increased by one-third for employees facilitating cybercrimes and by two-thirds for employees of service providers facilitating cybercrimes.
• Article 30: Posting information on blocked websites: Confinement for not less than three months and a fine of not less than 200 Jordanian dinars and not more than 1,000 Jordanian dinars.
• Article 36: Unauthorized disclosure of confidential procedures Confinement and a fine of not less than 200 Jordanian dinars and not more than 1,000 Jordanian dinars.
• Article 46: Unauthorized disclosure of judicial information evidence: Confinement for not less than one year and a fine of not less than 1,000 Jordanian dinars and not more than 3,000 Jordanian dinars.

While some amendments were made, including provisions protecting freedom of expression and privacy and addressing child protection and exploitation issues, significant concerns remained.

For instance, the law retained the power to block websites swiftly and allowed for the collection of electronic evidence, potentially infringing on privacy rights. It also granted authorities broad authority to monitor, record, and use electronic communications without adequate safeguards.

While there were positive aspects to the amended law, such as protecting vulnerable groups and addressing issues like terrorism and money laundering, it continued to pose threats to freedom of expression. The Palestinian government’s pledge to align the law with international standards must lead to further amendments, particularly concerning website blocking, arrests without court orders, and vague definitions.

Palestine and cybercrime

In our increasingly interconnected world, the realm of cyberspace is both a realm of opportunity and a breeding ground for challenges. The increase in the number of cybercrimes has accelerated between 2016 and 2018, from 1327 cases in 2016 to 2025 in 2017, and 2568 cases in 2018, an increase of 26.6% compared to 2017. Now more than ever, nations across the globe are recognizing the vital importance of robust cybersecurity measures. In Palestine, this realization has led to concerted efforts to bolster its cybersecurity defenses and establish a comprehensive legislative framework that can tackle the digital threats of the modern age.

The Digital Landscape: Challenges and Opportunities

The expanding digital frontier has given rise to many challenges, from cyberattacks to data breaches and online threats. For Palestine, these challenges are met with a commitment to protect its digital infrastructure and cultivate an environment conducive to technological innovation and economic growth. Kurdi law can work with clients to assess their cybersecurity risks. This primarily involves identifying vulnerabilities in their clients systems and practices and evaluating potential legal liabilities in case of a data breach or cyberattack.

Common Cybercrimes In Palestine

 Let’s simplify what are the common cybercrimes in Palestine:

1. Hacking occurs when someone intentionally accesses an IT system or an electronic network without permission or exceeds the access they were granted. In September 2020, the Palestinian Police arrested two individuals for hacking into the Facebook page of the ‘Health Committee to Follow the Coronavirus.
2. Cyber-extortion involves using electronic means to threaten and intimidate others. This can include sharing compromising photos or videos or leaking confidential information about someone. The goal is to extort money or manipulate the victim into engaging in illegal activities. In 2019, there was a significant increase in cyber-extortion cases, with 165 reported in the first eight months alone. 
3. Defamation involves making false statements about someone intending to harm their reputation, either verbally or in writing. In July 2019, the Ramallah Magistrate’s Court ruled against an individual accused of spreading defamatory information online. The court imposed a fine of 1,000 Jordanian dinars (JD) and a one-year prison sentence in case of non-payment, as per the cybercrimes law.

The Path Forward: Challenges and Ambitions

The challenges for cybercrime legislation in Palestine are multifaceted and include:

Lack of Unified Legislation: One of the primary challenges is the absence of a unified legal framework governing cybercrimes throughout Palestine. There are different sets of laws for the Gaza Strip and the West Bank; due to nonuniformity in the laws, there are disparities in the penalties for cybercrime, Highlighting the issue of equality before the law and the principle of equal punishment.

Increased Internet Usage: As has been discussed above, the world is moving at a fast pace in technological development. This directly means that there will be significant usage of the internet over the years, resulting in significantly increased cyber crimes. Many individuals may lack awareness about safe internet practices, such as protecting confidential information, changing passwords regularly, and avoiding risky online behaviors.

Lack of Awareness: The aspect of privacy is awareness about safety and security maintenance. Less awareness leads to more vulnerable situations, which ultimately promotes cyber crimes; therefore, there is a need to spread cyber security education and awareness campaigns to inform the public about Safe Internet practices 

National Strategy: Palestine needs to develop a comprehensive national strategy combating cyber crimes and developing Resources that will help minimize the impact of cybercrime.This strategy should involve government agencies, law enforcement, and civil society organizations working together to raise awareness, support victims, and ensure appropriate legal measures are in place.

Despite progress, challenges persist. The dynamic nature of cyber threats demands continuous adaptation and improvement of cybersecurity measures. Moreover, the effective enforcement of legislation remains paramount. Palestine’s aspirations extend beyond mere defence; it aims to position itself as a regional leader in cybersecurity. This vision encompasses fostering a cybersecurity ecosystem that nurtures innovation and entrepreneurship while upholding the highest standards of digital protection. Collaboration with international organizations and neighbouring countries is integral to this vision.

Conclusion

In an era where the digital landscape is an integral part of our lives, cybersecurity is not merely a choice but a necessity. Palestine’s unwavering commitment to strengthening its digital defenses through comprehensive legislative frameworks and collaborative efforts reflects its dedication to securing its digital future. As the nation continues to navigate the intricate paths of the digital age, it stands committed in facing the challenges and seizing the opportunities presented by the digital era, ensuring a safer and more secure cyber environment for all its citizens.

At Kurdi & Company, we are dedicated to helping clients achieve and maintain compliance with the latest cybersecurity laws and regulations in Palestine. Our experienced team is committed to keeping you informed about any updates in the legal framework to ensure your continued adherence to evolving requirements. Trust Kurdi & Company to be your reliable partner in navigating the cybersecurity landscape in Palestine, safeguarding your organization against emerging threats and ensuring compliance with all relevant regulations.