Digital transformation is one of the essential pillars for developing legal systems in Iraq. However, the lack of digital infrastructure represents a significant obstacle to the use of technology and law in Iraq.
Many legal institutions lack modern digital tools and systems that contribute to accelerating procedures and enhancing the efficiency of legal work. This deficiency limits the legal system's ability to keep pace with global technological developments and negatively affects the quality of services provided.
Factors Negatively Affecting the Link Between Technology and Law in Iraq
Electronic Protection and Cybersecurity
Electronic threats have increased in recent years, making protection one of the most prominent challenges facing the Iraqi legal system. Legal entities strive to protect the confidentiality of legal information from breaches and cyberattacks, but the lack of awareness and training in cybersecurity increases the exposure of this information to risk. This requires enhancing technical capabilities and continuous training for legal cadres to deal with these threats.
Insufficiency of Current Legislation to Address New Technological Challenges
Iraqi legislation faces significant challenges in keeping pace with rapid technological developments. Laws such as the Communications Law No. 159 of 1980 and the Anti-Cybercrime Law No. 12 of 2008 represent attempts to regulate the use of technology and law in Iraq, but they have not fully kept pace with modern changes such as sophisticated cybercrimes and data protection. This legislative delay leads to a legal gap that reduces the effectiveness of the Iraqi legal system in facing new difficulties.
Weak Training on the Use of Technology in the Legal Field
The lack of awareness of technology and law in Iraq is one of the most significant obstacles to applying technology in the Iraqi legal field. Many judges, lawyers, and legal employees suffer from a weak ability to use modern technological tools, which affects the efficiency of their performance and reduces the potential benefits of technology in improving legal services. This requires enhancing training and awareness programs to enable legal cadres to use technology effectively.
Keeping Pace with Rapid Technological Development with Legal Legislation
Technology is characterized by its rapid development, making it necessary to regularly update legislation to keep pace with these changes. However, the legislative process in Iraq needs more flexible and faster mechanisms to amend existing laws and issue new legislation that keeps pace with continuous technological development. This challenge requires close cooperation between legislative and technological entities to ensure the compatibility of laws with modern changes.
Training and Resources Required for Law Enforcement
The enforcement of technological laws requires adequate training and resources for the responsible authorities. Judges, lawyers, and police officers need continuous training to deal with technological issues and use modern tools in investigation and prosecution. It also requires providing the necessary technical infrastructure to ensure the effective application of laws and the protection of legal information from electronic threats.
Current Iraqi Laws and Their Interaction with Technology
Iraqi laws seek to regulate various aspects of technology use, but current efforts are insufficient to address the increasing challenges. Laws such as the Communications Law and the Anti-Cybercrime Law address some technological aspects, but they require continuous updates to keep pace with modern developments and ensure the protection of citizens' legal rights.
Communications Law No. 159 of 1980 and Its Sufficiency to Keep Pace with Developments in Technology and Law in Iraq
The Wire and Wireless Communications Law No. 159 of 1980 is one of the most important legislations regulating the communications sector in Iraq. Despite being amended several times, some of its aspects are still insufficient to keep pace with modern developments such as high-speed internet and 5G technologies. This deficiency leads to challenges in effectively regulating the use of internet and communications and weakens the law's ability to protect the rights of users and providers.
Anti-Cybercrime Law No. 12 of 2008 and Challenges of Its Implementation
The law aims to combat crimes committed online, such as piracy, electronic fraud, and publishing illegal content. Despite the importance of this law, it faces challenges in implementation due to a lack of awareness and necessary technical resources. Additionally, cybercrimes require continuous development in methods and technologies, making it necessary to regularly update the law to keep pace with these challenges.
Opportunities Provided by Technology and Law in Iraq
The link between technology and law in Iraq is undergoing rapid development that can significantly contribute to improving the Iraqi legal system. By leveraging these opportunities, the judicial system can become more effective and transparent.
Improving Access to Justice, E-Courts, Online Legal Consultations
E-courts allow for more efficient provision of judicial services, which contributes to reducing the time taken to complete cases. Online legal consultations also help provide access to legal services for citizens in remote and underprivileged areas, promoting the principle of equality in accessing justice.
Increased Transparency and Accountability Through Accurate and Transparent Recording and Tracking of Legal Processes
Technology and law in Iraq help accurately record and document all legal procedures, which increases transparency and reduces opportunities for corruption and favoritism. This transparency can contribute to building greater trust between citizens and the judicial system.
Streamlining Legal Procedures Through Automation and Digitization and Reducing Bureaucracy
Automation and digitization contribute to accelerating legal processes by reducing the need for paper procedures and bureaucracy. This leads to improved legal work and reduced human errors.
Enhancing Legal Education and Online Educational Resources, New Curricula Related to Law and Technology
Educational resources provide opportunities to update legal curricula and include materials related to modern technology. This helps prepare a new generation of legal professionals familiar with the latest technological developments.
Implications of Technology on Different Laws
The effects of technology extend to various legal branches such as administrative, financial, international, criminal, commercial, and civil laws. Each of these branches requires legal updates to ensure the compatibility of legislation with new technological innovations and to meet the needs of society.
Efforts Made and Areas Needing Improvement
The government and legal institutions are making continuous efforts to enhance the compatibility between technology and law in Iraq. However, there are still areas that need improvement to ensure maximum benefit from technology.
Government Initiatives Such as Updating Laws, New Legislation
The Iraqi government has launched initiatives to update old laws and adopt new legislation related to modern technology. Specialized cybercrime units have also been established within police agencies to enhance the ability to effectively combat digital crimes.
Benefiting from International Expertise in Technology Legislation
Iraq seeks to enhance international cooperation to benefit from global expertise. This cooperation can help adopt best practices and develop local laws that align with international standards.
Personal Data Protection
With the increasing use of technology, data protection has become vital. This area requires strict legislation to ensure the protection of individuals' rights and privacy in the digital world, which enhances citizens' confidence in using electronic services through the link between technology and law in Iraq.
E-commerce
E-commerce is experiencing rapid growth in Iraq, necessitating clear legislation to regulate this sector in general and to specifically regulate the use of technology and law in Iraq. This legislation should include consumer rights protection, regulation of financial transactions, and ensuring fair competition among companies.
Intellectual Property Rights
The digital age requires effective protection of intellectual property rights to ensure the rights of creators and innovators. Laws related to intellectual property must be updated and strengthened to keep pace with new challenges imposed by technology, which encourages innovation and investment in the technology sector.
International Examples and Their Benefits
Iraq can benefit from the experiences of other countries in the field of technology legislation to enhance its legal system and adopt global best practices.
Benefiting from EU Legislation Such as GDPR
The General Data Protection Regulation (GDPR) serves as an ideal model that can be utilized to regulate the protection of personal data and the use of technology and law in Iraq. GDPR provides a strong legal framework that ensures the protection of individual rights and can be adapted to align with the local context of Iraq.
Benefiting from US Laws in the Field of Technology
The United States has advanced laws in the field of technology, such as the Children's Online Privacy Protection Act (COPPA) and the National Institute of Standards and Technology (NIST) frameworks for cybersecurity. Iraq can benefit from these legislations in developing its local laws.
Future and Expectations
The future of the Iraqi legal system envisions a pivotal role for technology in improving justice and enhancing transparency. Through continuous innovation and adaptation, the legal system can achieve the aspirations of Iraqi society in the digital age.
Establishing Permanent Committees to Review and Update Laws
Keeping pace with developments requires establishing specialized committees to periodically review and update laws. This ensures that legislation remains current and reflects the rapid changes in technology.
Using Technology and Law in Iraq to Improve the Judicial System and Law Enforcement
Technology can be used to improve the efficiency of the judicial system by implementing e-courts, digital case management systems, and analytical tools to track law enforcement. This enhances the speed and efficiency of judicial procedures and reduces bureaucracy.
Objectives of Basra University Conference
To urge the Iraqi legislator to change legislation to suit development and achieve stability and progress in society. The conference aims to achieve a balance between legal reality and technological development, or in other words, a balance between technology and law in Iraq, by discussing the mutual impact between law and technology.
Osama Tu'ma Legal Services and Consultations seeks to enhance the compatibility between technology and law in Iraq by providing specialized legal consultations in Iraq and offering the necessary technical solutions to support the legal system in facing increasing technological challenges.
