Palestine: Law by Decree No. 10 of 2018 on CyberCrime
The Law by Decree No. 10 of 2018 on CyberCrime is a law passed by the Palestinian government to address cyber threats and offences in the country. The law criminalizes various cyber activities, including hacking, phishing, cyberbullying, and cyber espionage. It also provides for penalties, including fines and imprisonment, for offences such as unauthorized access and data theft.
The law establishes the Palestinian Cyber Crime Unit as the lead agency responsible for investigating and prosecuting cybercrime in the country. The Unit works closely with other law enforcement agencies and international partners to develop and implement effective strategies for combatting cybercrime.
The law has been praised for its comprehensive approach to cybersecurity and for its emphasis on international cooperation in the fight against cybercrime. However, some critics have raised concerns about the potential for the law to be used to infringe on civil liberties and privacy rights. The law has been amended several times since it was first introduced to address some of these concerns and to keep up with technological developments and changes in the cyber threat landscape.
Article 1 – The following words and expressions mentioned in this Law by Decree shall have the meanings designated …
Article 2 – The provisions of this Law by Decree shall be applicable to any of the crimes provided for thereunder in the event …
Article 3 – A specialised cybercrime unit shall be established within the police agency and security forces …
Article 4 – Each person who deliberately and illegally accesses, by any means, an electronic website, system, electronic network …
Article 5 – Each person who obstructs or disrupts, by any means, access to the service or access to devices, programmes or sources of data …
Article 6 – Each person who produces or introduces through the electronic network or a means of information technology …
Article 7 – Each person who receives, records, intercepts or wiretaps, on purpose and illegally, any data sent through the network …
Article 8 – Each person who deliberately decodes encrypted data in circumstances other than those permitted by law shall …
Article 9 – Each person who benefits illegally from communication services through a means of information technology …
Article 10 – Each person who deliberately creates or publishes, using the electronic network or a means of information technology …
Article 11 – Each person who forges an official electronic document of the State or public entities or institutions …
Article 12 – Each person who uses the electronic network or a means of information technology in order to access or manipulate, illegally …
Article 13 – Each person who uses the electronic network or a means of information technology to steal or extort funds …
Article 14 – Each person who usurps, through the electronic network or a means of information technology …
Article 15 – Each person who uses the electronic network or a means of information technology to threaten or extort another person …
Article 16 – Each person who deliberately transmits through the electronic network or a means of information technology …
Article 17 – Without prejudice to the provisions of the Law by Decree Concerning the Regulation of Organ Harvesting and Transplant in force …
Article 18 – Without prejudice to the provisions of the Law on the Combating of Money Laundering and the Financing of Terrorism in force …
Article 19 – Without prejudice to the provisions of the Law by Decree Concerning the Combating of Drugs and Psychotropic Substances in force, each person who creates or releases a website on the electronic network …
Article 20 – Each person who violates an intellectual, literary or industrial property right under effective legislation …
Article 21 – Every human being shall have the right to express his opinion by speech, writing, photography, or other means of expression and publication in accordance with the law.
Article 22 – Arbitrary or illegal interference with the privacy of any person or the affairs of his family, home or correspondence shall be prohibited.
Article 23 – Each person who creates an electronic website, application or account or disseminates information on the electronic network …
Article 24 – … a means of information technology with the intention of displaying any written words or conduct that may give rise …
Article 25 – … or disseminates information on the electronic network or a means of information technology …
Article 26 – Each person who possesses, presents, produces, distributes, imports, exports or promotes a device …
Article 27 – For each employee who commits any of the crimes provided for under this Law by Decree, exploiting his powers and authorities …
Article 28 – Each person who incites, assists, or agrees with a third party to perpetrate a crime …
Article 29 – If a crime provided for under this Law by Decree is committed in its name or on its behalf, the juridical person shall be punished …
Article 30 – Each person who deliberately disseminates information on a blocked electronic website under the provisions of Article 39 of this Law by Decree …
Article 31 – In accordance with the prescribed legal procedures, the service provider shall adhere to the following …
Article 32 – The Public Prosecution or the officers tasked with judicial duties, whom it delegates, shall be entitled to search persons …
Article 33 – The Public Prosecution shall be entitled to obtain the devices, tools, means, electronic data or information, traffic data …
Article 34 – The judge of the Court of Conciliation shall be entitled to permit the Attorney General or one of his assistants to conduct surveillance of …
Article 35 – The competent authorities must take measures and procedures to ensure the preservation of the integrity and privacy of the devices …
Article 36 – The competent court shall be entitled to permit the immediate interception, recording or copying of the content of communications at the request of the Attorney General or one of his assistants.
Article 37 – The evidence which results from any means of information technology, information systems …
Article 38 – The evidence obtained by the competent authority or investigation authorities from other states shall be deemed to be prosecution evidence …
Article 39 – The competent authorities of investigation and seizure, in the event they monitor hosted electronic websites …
Article 40 – Apart from the professional obligations provided for by the law, professional secrets or relevant requirements …
Article 41 – The State agencies, institutions, entities and the bodies and companies affiliated therewith shall abide by the following …
Article 42 – The competent authorities shall work towards facilitating cooperation with their counterparts in foreign countries …
Article 43 – The competent authorities must provide assistance to counterpart agencies in other states, for the purposes of offering mutual legal aid …
Article 44 – Without prejudice to any heavier penalty provided by the Penal Law in force or any other law, the perpetrators of the crimes punishable …
Article 45 – Each person who perpetrates an act that constitutes a crime under any effective piece of legislation, and not provided for under this Law by Decree …
Article 46 – Each person who discloses the confidentiality of the procedures provided for under this Law by Decree in circumstances …
Article 47 – Each person who violates, damages, conceals, modifies or erases judicial information evidence, shall be punished by confinement …
Article 48 – Whoever takes part by means of an agreement, instigation, assistance or intervention in the perpetration of a crime …
Article 49 – Each person who attempts to perpetrate a crime or misdemeanour of those provided for under this Law by Decree …
Article 50 – Without prejudice to the penalties prescribed under this Law by Decree, as well as the rights of a bona fide third party …
Article 51 – The penalty prescribed under this Law by Decree shall be doubled in the event the culprit repeats any of the crimes …
Article 52 – The penalty prescribed for the crimes which are punishable in accordance with the provisions of this Law by Decree shall be doubled in any of the following cases …
Article 53 – Each culprit who takes the initiative to notify the competent authorities of any information on the crime and the accomplices …
Article 54 – The Ministry shall provide support and technical assistance to the law enforcement agencies.
Article 55 – The Law by Decree No. 16 of 2017 on Cybercrime shall be repealed.
Article 56 – This Law by Decree shall be presented to the Legislative Council in the first session it convenes for approval.
Article 57 – All the competent authorities, each one within its sphere of jurisdiction, shall implement the provisions of this Law by Decree …
