Criminal protection of the state’s websites and electronic systems

Abstract

The subject of the research is based on the criminal protection of the state’s websites and electronic systems. In view of the seriousness of this violation and the harm it causes, it is assumed that a kind of privacy should be given to this attack by giving it criminal protection, which is represented by providing laws and regulations to criminalize such action, and approving a punishment commensurate with the crime committed.

Also, it is worth mentioning that if  Personal data requires protection by criminalizing those who attack it by illegal entry, interception, or bypassing the permissible right of access, It is a fortiori that the data and information found on the websites and systems of public bodies and state-affiliated entities are protected because they correlated to the interests of the most concerned, such as disrupting government work, and compromising Information security related to internal or external security in the country, and this is what we were hoping for when the legislator approved Law No. (5) of 2022 regarding Libyan electronic crimes. We concluded, by comparing our law in some matters with the “Jordanian and Egyptian” laws, that the Libyan legislator did not attach importance to protecting public websites and systems and State-specific information by establishing a special criminalization on the ground of assault represented by illegal entry or exceeding the permissible limit of entry. Indeed, the penalty for this assault was not even mentioned once it was committed against the state’s data and information.