Journal of college of Law for Legal and Political Sciences

الجوسسة فی زمن السلم قدیمة قدم البشریة, اما الجوسسة الالکترونیة فإنها تماماً مثل نظیرتها التقلیدیة, تنطوی على عملیات اقتحام غیر مصرح بها, ویتم استغلال على سبیل المثال نقاط الضعف الامنیة لکی تتجاوز الخوادم المشفرة والوصول الى البیانات التابعة للدول والشرکات والسفارات والوکالات الحکومیة وحتى الافراد, واحد الاختلافات الرئیسیة عن الجوسسة التقلیدیة هی الاستقلالیة الجغرافیة والمادیة العالیة التی تتمتع بها الجوسسة الالکترونیة, ذلک یعنی انه فی حالة الجوسسة على بیانات وکالة تابعة لدولة اخرى ؛ لیس هناک حاجة الى وجود شخص مادی او جهاز فی الحالة المستهدفة, ویستخدم بدلاً من ذلک الاوامر الصادرة من ای مکان وبالتالی یمکن ارتکاب اعمال الجوسسة الالکترونیة بغض النظر عن حدود الدولة . Espionage in peacetime is as old as humanity, and electronic espionage, just like its traditional counterpart, involves unauthorized intrusions, and security vulnerabilities are exploited, for example, to bypass encrypted servers and access data belonging to countries, companies, embassies, government agencies and even individuals, one The main differences from traditional espionage are the high geographical and physical independence that electronic espionage enjoys, which means that in the case of espionage on the data of an agency of another country; There is no need to have a physical person or device in the target state, and instead uses orders issued from anywhere and thus electronic espionage can be committed regardless of state borders.The emergence of electronic espionage has changed the picture and turned to espionage with economic motives as it is related to national security, and the current reality in which countries live has proven that information at times has a degree of confidentiality required, which results in its circulation, theft, tampering, transmission and spread of a kind There are risks, and the importance of this information varies, as not all of them are of equal importance, because if some of them are transmitted to others, they will result in severe damage. Computers backed by electronic infrastructure located within the territory of another state lead to a violation of the rule of territorial sovereignty, and it is also a violation of the principle of non-interference in the internal affairs of states, regardless of whether that electronic infrastructure is operated by state agencies or private actors, and therefore The rule of regional sovereignty provides an important and powerful source of legal protection against electronic espionage.

The Internet, which is expanding in the last years of the twentieth century, is considered one of the most important technological developments in the history of mankind, which is the fruit of the merger between the information revolution and communications technology.This continuous change in the conditions of life imposes an unavoidable fact, which means that we must change with it, and change our ways of thinking and working methods as long as we are present in this world. For sophistication and preparation in the countries of the world. The rapid development in the internet networks and electronics for computers has led to the creation of a new world that has broken the limitations of time and the determinants of space, a world whose parties merged with each other, through what was provided by modern technology in all fields, especially in the Internet and communications side, and the distant is soon, we see and talk to it and be affected With it and we spread it.

Globalization and a revolution of information and modern communications technology have left a new arena in international relations, And a new, open and unrestrained field of contemporary warfare, Especially as we have become in an era in which States manage their vital and dangerous affairs and Institutions through the these means and tools, Which enables any state, organization or even individuals to use the means produced by this revolution in the management of their international disputes, Which resulted in so-called "International Disputes Of An Electronic Nature", which placed States in particular and the international community in general In the face of one fact: the need to intensify its efforts and unite its ranks in order to confront these new threats And to limit its use as one of the methods of managing its international disputes Because of the seriousness of the consequences that might result, especially if terrorism used these means to target vital international facilities Causing serious consequences such as causing significant damage to the information infrastructure and software operating systems for control and supervision that control the production processes or related to transport and traffic in airports Nuclear power reactors or associated with the production and distribution of water, electricity, dams, communications, financial and banking services and other vital civilian or military facilities that may endanger international peace and security.

The crime of cyber espionage is one of the serious and continually developing crimes due to the access of an offender to a website, information system or information network to obtain electronic content that is not available to the public affecting national security, the external relations of the state or the national economy using modern methods that are difficult to detect, especially with the huge technological development. in all fields. This research highlights the extent of criminal protection provided by the Iraqi legislator for electronic content containing confidential information belonging to the State, and included in the draft law of information crimes of 2011 to address this crime as it is a crime against the security of the State that threatens its existence. Therefore, this research deals with two sections, the first section was devoted to the definition of electronic spyware, and the definition of espionage in general, and the definition of electronic espionage in particular, and the prevalent images of spy, in addition to distinguishing electronic espionage from what is suspected, In the second section we have explained the elements of the crime of cyber espionage and the penalty prescribed for it.

The study dealt with the subject of the rights that prove to the legal holder of electronic instruments, and the work of electronic instruments is important and modern in the field of banking, and this type of Suck features advantages that make it superior to traditional instruments, although the work is not much different from what works in traditional instruments, But the first is safer than the second because of the difficulty of forgery and the provision of many means of protection and electronic security so most of the world adopted its use. This was followed by a conclusion that included the most important conclusions and recommendations reached through this research.

In order to enable the administration to perform its duty in the right direction، which is to ensure the regular and continuous operation of public facility and to provide its services of public benefit to citizens on the basis of equality and justice among them. Therefore، the laws have laid down the general guidelines for the work of the executive authority and its institutions by giving them wide and multiple privileges to help them perform their duty well. One of these privileges is to give it powers including restricted and other discretionary according to law، to enable it to carry out its work. Without these powers، there is still an imbalance in the administration's services to the citizens and the scope of the discretionary management authority varies from one element to another of the administrative decision element. And by the scientific development that cast its shadow on societies in general. And in all aspects، including the aspect of the performance of governments and their institutions and the transition to e-government، despite this direction and change، but the administration remains the main engine of the new e-government. From this point of view، the scope of administrative authority should be studied in the elements of the electronic decision

The e-commerce subject-matter plays an important role in the practice of e-commerce activity, especially after the development of life in e-commerce by making the e-commerce or traditional subject-matter acquire great economic and financial value and affect the economies of different countries. The website, which is in fact the embodiment of the electronic business Which facilitates the customer or the consumer to search and compare various products and offers of commercial activities to buy directly through the Internet not specified in the Iraqi Trade Act No. 30 of 1984 special texts regulating typical subject-matter but only refered to in Article (24) of the above Act..