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From a Peoples' Majlis parliamentary sitting. Photo/Majlis

Amendments proposed to probe, prosecute cybercrimes

The government has introduced bills related to cybercrime to curb the increasing number of crimes committed in cyberspace in the country.

23 February 2023

By Mariyam Umna Ismail

Three laws have been proposed to be amended to clarify the power to investigate cyber crimes and all the parameters of action.

The first cue of the three bills related to cyber crime introduced by the government in parliament was delivered in Wednesday’s parliament session:

  • Henveiru North MP Ibrahim Muizzu introduced a bill to define cyber crimes

  • A bill moved by MP Ahmed Haitham on behalf of the government to amend the Transfer of Legal Assistance in Criminal Cases Act to establish standards for exchange of legal assistance with other countries in preventing and prosecuting cyber crimes

  • Feydhoo MP Mohamed Nihad has proposed a bill to amend the Criminal Procedure Code to explain the powers of law enforcement agencies to prevent and prosecute cyber crimes

The government has introduced bills related to cybercrime to curb the increasing number of crimes committed in cyberspace in the country and the fact that the perpetrators of such crimes are diversifying the way in which they are committed using technology.

Offences proposed to be added to the Code of Criminal Procedure:

  • Access to a computer system without permission

  • Access to a computer system without permission in order to facilitate further crime

  • Intercepting computer data without permission

  • Interfering with computer data without permission

  • Interfering with a computer system without permission

  • Misuse of devices

  • Cyber violence acts

  • Computer-related forgery behaviors

  • Computer-related frauds

  • Violations of other copyright-related rights

Amendment to Legal Assistance Act

The bill seeks to lay down procedures for exchange of legal assistance with other countries in preventing and taking action against cybercrime and other computer-based crimes and crimes involving electronic evidence.

The procedures laid down in the Bill:

  • Guidelines for obtaining electronic evidence, rapid preservation of stored data in a computer system, rapid disclosure of preserved traffic data, access to stored computer data and exchange of assistance

  • Regulations for changing aid to collect traffic data in real time and changing legal aid in the wake of interception of contact data

  • Guidelines for setting up a 24-hour network to provide immediate support for criminal investigations and trials involving an offence related to computer data or the need for electronic evidence

 Criminal Procedure Code

The bill seeks to lay down the powers of law enforcement agencies to prevent and take action against cyber crime and lay down procedural procedures to be followed in investigating and prosecuting such offences. The bill provides for:

  • Procedures relating to retention of service providers and subscriber information and communication data

  • Procedure for directing traffic data to be disclosed to a certain extent for speedy preservation of stored computer data

  • Process of obtaining production order for obtaining computer data and subscriber information and implementing the order

  • Procedure relating to search of stored computer data and seizure of the data

  • Court's order to collect traffic data in real time and procedure for its implementation

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