The Legal Framework Of Cybercrime In Palestine

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THE LEGAL FRAMEWORK OF CYBERCRIME IN PALESTINE

i*Dr. Mohammed R. M. Elshobake

Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia, Gombak Email: [email protected]

ABSTRACT

The rate of committing cybercrimes in Palestine has increased in recent years due to the increased use of the Internet and social media, in addition to the absence of unified and deterrent legislation to combat these crimes. Palestine suffers from legal problems in the field of criminal legislation due to the duplication of penal laws applied in the West Bank and Gaza Strip. Also, these laws are old and it is a combination of the various laws imposed on the West Bank and the Gaza Strip throughout this century.

This paper will discuss the legal framework of cybercrimes in Palestine. Furthermore, this paper seeks to clarify the cybercrimes stipulated in the cybercrimes legislation applied in Palestine. The researcher will mainly use historical, analytical, and library research methods for this purpose. The rules of Palestinian criminal laws in general, and Palestinian laws related to cybercrimes in particular, will be used as the main source for the topics of this paper. The results indicate that the legal framework regulating cybercrimes in Palestine is not unified, and the difference in legislation regulating cybercrimes in Palestine has led to different penalties for cybercrimes, which violates the principle of equality stipulated in the Palestinian Basic Law (Palestinian Interim Constitution), and it also violates the principle of equality in punishment, which is one of the basic principles of criminal penalties. This paper recommends unifying the legislation governing cybercrimes in the Gaza Strip and the West Bank, imposing dissuasive and proportionate penalties on perpetrators of cybercrimes, and working to combat these crimes through community awareness about the procedures for using the Internet and electronic means safely, and building a comprehensive national strategy to combat cybercrimes and limit its impact.

Keywords: Cybercrime, legal framework, Palestinian law, combating cybercrime

Introduction

The use of the Internet has increased significantly in Palestine from 9.2% in 2004 to 80% in 2019 (PCBS 2013, PCBS 2020). As a result, the number of cases related to cybercrimes increased dramatically from 174 in 2013 to 2568 in 2018, according to the Anti-Cyber Crime Unit of the Palestinian Police (Safarini 2017, Palestinian News and Info Agency 2019, Abu Al-Rab 2019).

Cybercrime is defined as: “Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet (networks including but not limited to Chat rooms, emails, notice boards and groups) and mobile phones (Bluetooth/SMS/MMS)” (Halder & Jaishankar, 2012). This definition includes the following cybercrimes: cyber murder, cyber terrorism, hacking, phishing, theft of identity, morphing, tampering the computer sources, obscene publication, cyber pornography, cyber harassment, cyber defamation, cyber threatening, Cyberstalking, cyber bullying, cyber extortion, and Incitement to such crimes (Halder & Jaishankar, 2012).

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Cybercrime is also called e-crime, electronic crime, hi-tech crime, computer-oriented crime, and computer and Internet crimes (Azad et al., 2017).

According to Sameh Al-Hindi, Director of the cybercrime Unit in the Palestinian Police, there are two types of cases related to cybercrimes: 1. Crimes committed on electronic devices, such as:

hacking, stealing information and blocking websites. 2. Crimes against users of electronic devices such as: extortion, defamation, and threats (Alaraby, 2018).

Palestine suffers from legal problems in the field of criminal legislation due to the duplication of penal laws applied in the West Bank and Gaza Strip, in addition, these laws are old and it is a combination of the various laws imposed on the West Bank and Gaza Strip throughout this century.

As a result of the Palestinian political division, the most important legislations governing cybercrimes have been enacted in the West Bank and Gaza Strip. These legislations differ in form, substance, and content.

This paper will discuss the legal framework of cybercrimes in Palestine. Furthermore, this paper seeks to clarify the cybercrimes stipulated in the cybercrimes legislation applied in Palestine. The researcher will mainly use historical, analytical, and library research methods for this purpose. The rules of Palestinian criminal laws in general, and Palestinian laws related to cybercrimes in particular, will be used as the main source for the topics of this paper.

The status of cybercrime in Palestine

The use of the Internet has increased significantly in Palestine, as the percentage of internet use reached 30.4% in 2011, compared with 9.2% in 2004, and 15.9% in 2006 (Amer 2009, Makhoul 2010, Palestinian Central Bureau of Statistics 2013). In 2014, the percentage of internet users in Palestine gradually increased to 48.3% (PCBS, 2015). The increase in the proportion of internet users has accelerated in recent years, from 51.7% in 2017 to 80% in 2019 (PCBS 2018, PCBS 2020).

Figure 1: Percentage of Internet users in Palestine

As a result of the above-mentioned, the percentage of cybercrimes perpetration in Palestine has increased significantly, according to statistics issued by the General Investigation Department (Safarini 2017, Palestinian News and Info Agency 2019, Abu Al-Rab 2019). The chart below illustrated the increase in the number of cybercrimes perpetration in the years (2013-2018):

2019 2017

2014 2011

2006 2004

90%

80%

70%

60%

50%

40%

30%

Percentage of Internet users in Palestine

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66 Figure 2: The number of cybercrimes in Palestine

Overall, the number of cybercrimes perpetration in Palestine from 2013 to 2018 showed an upward trend. It can be seen that the number of cybercrimes raised slightly from 174 cases in 2013 to 361 cases in 2014, and then it continued to increase reaching 502 cases in 2015. The increase in the number of cybercrimes has accelerated between 2016-2018, from 1327 cases in 2016 to 2025 in 2017, and 2568 cases in 2018, an increase of 26.6% compared to 2017 (Safarini 2017, Palestinian News and Info Agency 2019, Abu Al-Rab 2019).

In 2019, there is no accurate official statistic on the number of cybercrimes committed in Palestine. However, the Anti-Cyber Crime Unit in the Palestinian Police received (1478) cases from 1/1/2019 to 20/8/2019, among them were 165 crimes of extortion, while 88 cases of extortion were recorded in the same period in 2018, indicating that the number has doubled (Al-Najah News, 2019).

Among the reasons that contributed to the increase in the number of electronic crimes committed in Palestine: ignorance of how to use the Internet, ignorance of safe use procedures, and failure to take safety precautions such as: keeping confidential information in devices not connected to the Internet, not transferring information and pictures through communication sites, changing passwords, not setting Important pictures and information on mobile devices, and not using the camera in conversations (Alwatanvoice, 2019). The Director of the Anti-Cyber Crime Unit in the Palestinian Police, Samer Al- Hindi, attributed the increase in cases related to cybercrimes in Palestine to the confidence of Palestinian citizens in the police, which has a specialized unit to follow up on such cases, as well as the role the Palestinian media played in the highlight on some of the cases that occurred (Alaraby, 2018).

As a result of the spread of the Covid-19 pandemic, Palestine recorded a significant decrease in the number of cybercrimes committed during the first quarter of 2020 compared to the first quarter of 2019, as it decreased from 850 crimes in the first quarter of 2019 to 680 crimes in the first quarter of 2020. Officials in the Palestinian Police attributed this to the community’s preoccupation with the health situation in light of the spread of Covid-19, and the quarantine that made individuals and families stay in their homes (Barghouthi, 2020).

According to the Palestinian Police spokesman Colonel Louai Arezikat, the most common cybercrimes in Palestine are hacking, extortion & threat, and defamation (Palestinian News and Info Agency, 2019). They are defined as follows:

The number of cybercrimes in Palestine 3000

2500

2000 1500

1000

500

2013 2014 2015 2016 2017 2018

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1. Hacking: Intentionally accesses into an IT system or the electronic network without authorization or exceeds authorized access (Decree-Law No. (10) regarding cybercrimes, 2018). On September 22, 2020, the cybercrimes department in the Palestinian Police in Gaza arrested two persons who had hacked the Facebook page of the "Health Committee to Follow the Coronavirus" (Ministry of Interior and National Security, 2020).

2. Cyber-extortion: It is a threat and intimidation by publishing pictures or videos, or leaking confidential information about the victim via the electronic network or any means of information technology in exchange for paying money or exploiting the victim to carry out illegal acts (Al-Najah News 2019, Sabillon et al. 2016).

Cyber-extortion was the cause of suicide and attempted suicide for some people, especially girls, in the West Bank in 2018 (Atmah, 2019). The first eight months of 2019 recorded an unprecedented increase in cyber extortion crimes, with 165 crimes (Al-Najah News, 2019).

On September 10, 2020, the Palestinian police revealed the circumstances of a crime of electronic blackmail via Facebook and arrested the suspect in this crime, who blackmailed a woman financially in exchange for not publishing a video of her husband (Al-Quds, 2020).

3. Defamation: It is a verbal or written statement about another person with the aim of destructing his reputation (Amro, 2018). On July 14, 2019, the Ramallah Magistrate's Court issued a ruling against a person accused of the crime of disseminating information with the intention of defamation through the Internet to pay a fine of one thousand Jordanian dinars and one year in prison in case of non-payment, in accordance with the act of cybercrimes (Supreme Judicial Council, 2019).

History of cybercrime legislations in Palestine

The Palestinian legal system is complicated and unique because Palestine was subject to many authorities that ruled and enacted legislations, some of which are still in force today (Institute of Law, 2008).

From 1517 to 1917, Palestine was part of the Ottoman Empire, which issued during that period many legislations, related to lands, trade, taxes, and so on. The Ottoman legal system was based on Islamic law and some French laws (Milhem, 2004).

In 1917, Britain occupied Palestine, and it maintained the Ottoman laws but enacted a set of legislations based on the common law system (Lafee, 2012). In 1936, Britain enacted the Penal Code No. 74, which is still being applied in the Gaza Strip as a general law for crimes and penalties (Jaradah, 0202). This law can be relied upon to criminalize some cybercrimes based on traditional crimes (Rabiaa, 2016).

In 1948, the Israeli entity occupied an area exceeding two-thirds of Palestine, and the Gaza Strip was placed under Egyptian rule, and the West Bank under Jordanian rule. This situation continued until the Israeli entity's occupation of the Gaza Strip and the West Bank in June 1967 (Marei, 2000). In 1960, Jordanian authority enacted the Penal Code No. 16, which is still being applied in the West Bank as a general law for crimes and penalties (Jaradah, 2010). The Palestinian judiciary sometimes relies on that law to criminalize some cybercrimes based on traditional crimes (Khalifah, 2012).

In 1993, the Palestinian National Authority was established according to the Oslo Agreement between the Palestine Liberation Organization and Israel, and it entered into force in 1994. Accordingly, the Palestinian Authority began to have imperfect legal sovereignty in the West Bank and Gaza Strip (Institute of Law, 2008).

Until that time, there was no special legislation on cybercrime in Palestine because these crimes have not shown in Palestine until the late nineties of the last century due to the spread of technology and communications. In 1996, the Palestinian Authority issued Law No. (3) regarding wired and wireless

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communications, which criminalized some acts such as threatening and insulting via the means of communication (Abu Al-Hunud, 1998).

On June 13, 2007, the Palestinian political division occurred between the ruling authorities in Gaza and the ruling authorities in the West Bank. Since then, the Legislative Council in Gaza passes legislations that apply only in the Gaza Strip, and the president issues Decree-Laws that apply only in the West Bank (Democracy Development Unit, 2012).

During the period of the Palestinian division, the Legislative Council in Gaza issued some legislations related to cybercrimes, where it issued Law No. (3) of 2009 to amend the Penal Code No.

(74) of 1936, which provides for the criminalization of several acts such as piracy, cyber spying, and cyber publishing abuse (Act amending the penal code, 2009). This law is the first of the legislations directly related to cybercrimes. In addition, It enacted the Electronic Transactions Law No. (6) of 2013, which provides for the criminalization of a set of illegal behaviors such as hacking, fraud, forgery, stealing information, and divulging secrets (Electronic Transactions Law, 2013).

In the West Bank, the President issued Decree-Law No. (15) of 2017 regarding electronic transactions, stipulating the criminalization of some acts related to electronic signature (Decree-Law of electronic transactions, 2017). In the same year, the President enacted Decree-Law No. (16) of 2017 regarding cybercrimes, which is the first detailed special law for cybercrime. However, the President cancelled this law due to widespread criticism from some international organizations, civil society organizations, and journalists, for violating some freedoms such as freedom of opinion and expression.

After that, the President issued Decree-Law No. (10) of 2018 regarding cybercrimes, which was amended by Decree-Law No. (28) of 2020 (Shtayyeh, 2018). This law is the main legal framework of cybercrimes in the West Bank.

Cybercrime legislation in the Gaza Strip

The legislations governing cybercrimes in the Gaza Strip are as follows:

(1) Telecommunications Law No. 3 of 1996:

The Telecommunications Law is the first Palestinian law that criminalizes some behaviours that constitute cybercrimes, where this law provides for the punishment of any person who threatens or insults another person, or transmits fabricated news by any means of communication with the intention of causing panic, with imprisonment for a period of not less than a month and not more than a year, or a fine of not less than 50 dinars and not exceeding (200) dinars or both penalties (Telecommunications Law, 1996).

(2) Law No. (3) of 2009 amending the Penal Code No. (74) of 1936:

In 2009, the Legislative Council in Gaza amended the Penal Code No. 74 of 1936 which still in force in the Gaza Strip, adding an article criminalizing some acts that constitute cybercrimes, namely (Law amending the Penal Code No. 74 of 1936, 2009):

2.1 The crime of eavesdropping: It means to overhear, copy, record, or transmit any private conversation by any means of communication, without the consent of the person concerned.

2.2 Violation of privacy: It means to capture, transmit, copy, or send by any device the photo of a person in a private place without his consent. It also includes broadcasting, publishing, printing, copying, or using a recording, a picture, or a document by any means of communication, without the consent of the person concerned.

2.3 The crime of publishing obscene materials: It is promoting, transferring, printing, or copying any pornographic material through any means of technology.

2.4 The crime of cyberstalking: It means to stalk, harass, or inciting immorality any person by any means of communication.

According to Law No. (3) of 2009, whoever commits the aforementioned crimes shall be punished with imprisonment for a period not exceeding one year, with the erasure of the recordings obtained from the crime and the confiscation of the devices used to commit the crime (Law amending the Penal Code No.

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2.5 The crime of hacking: Intentionally accesses into a private IT system without authorization or exceeds authorized access. Whoever commits this crime shall be punished with imprisonment for a period not exceeding a year, and a fine not exceeding one thousand Jordanian dinars or either of these two penalties. If the hacking results in disrupting the system, or erasing or modifying the information, the penalty shall be imprisonment for a period not exceeding three years, and a fine not exceeding three thousand Jordanian dinars or either of these two penalties (Law amending the Penal Code No. 74 of 1936, 2009).

(3) Electronic Transactions Law No. (6) of 2013:

On August 5, 2013, the Legislative Council in Gaza enacted a law regulating electronic transactions, and it stipulated in Chapter Eight of this law some cybercrimes, namely (Electronic Transactions Law, 2013).

3.1 The crime of hacking: The legislator has tightened the penalty for this crime if the hacking results in disrupting the system or erasing or modifying the information, where the article (43) of the Electronic Transactions Law states for the punishment of the offender, with imprisonment for a period not exceeding ten years, and a fine not exceeding twenty thousand Jordanian dinars or either of these two penalties.

3.2 Violation of privacy: The legislator also tightened the penalty for this crime, as the article (44) provides that the offender shall be punished with imprisonment for a period not exceeding three years and a fine not exceeding six thousand dinars or one of these two penalties.

3.3 Crimes related to the electronic signature: These crimes are generally related to identity theft, forging the electronic signature, the fraudulent use of the electronic signature, and hacking or disabling the electronic signature. The article (43) of Electronic Transactions Law No. (6) of 2013 punishes the offender of any of these crimes, with imprisonment for a period not exceeding ten years, and a fine not exceeding twenty thousand Jordanian dinars or either of these two penalties. While the article (44) penalizes the creation of a certificate or forging electronic information for an illegal purpose, with imprisonment for a period not exceeding three years, and a fine not exceeding six thousand Jordanian dinars or either of these two penalties (Electronic Transactions Law, 2013).

Cybercrime legislation in the West Bank:

The legislations governing cybercrimes in the West Bank are as follows:

(1) The Penal Code No. 16 of 1960:

This law is the general law for crimes and penalties in the West Bank (Jaradah, 2010). The Public Prosecution Office in the West Bank relies on Penal Law No. (16) of 1960 to give the legal description of some cybercrimes based on traditional crimes (Khalifah, 2012).

The table shows the number of cases received by the Public Prosecution Office related to cybercrimes in the West Bank in 2016, according to Penal Code No. (16) of 1960 (PCBS, 2016):

Type of crime Number of cases in 2016

Threat and insult 897

Extortion 198

Fraud 31

Provoking strife 54

Defamation 202

Spoil the marital bond 5

Disclosure of secrets 2

Total 1,389

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Table 1: The number of cases related to cybercrimes committed in the West Bank in 2016

Despite the issuance of the Cybercrimes Law in Palestine in 2017, the Public Prosecution Office continued to rely on Penal Code No. 16 of 1960 for some cybercrimes. This table shows the cases received by the Public Prosecution relating to cybercrimes in 2018, according to Penal Code No. (16) of 1960 (PCBS, 2018):

Type of crime Number of cases in 2018

Threat and insult 33

Defamation 12

Fraud 2

Dishonesty 6

Slander 24

Spoil the marital bond 15

Contempt 66

Insulting Religious Feeling 4

Committing an indecent act 5

Intimidation 04

Insulting high-ranking officials 2

Defamation of authority 6

Others 2

Total 158

Table 2: The number of cases related to cybercrimes committed in the West Bank in 2018 (2) Telecommunications Law No. 3 of 1996:

This law has been covered earlier, where it is applied in the Gaza Strip and the West Bank as well. The cases received by the Public Prosecution office related to electronic crimes in 2018, according to telecommunications, reached 57 cases (PCBS, 2018).

(3) Decree-Law No. (10) of 2018 regarding cybercrimes and its amendments:

On April 29, 2018, the Decree-Law No. (10) of 2018 regarding cybercrimes was enacted by presidential decree after Law-decree No. (16) of 2017 regarding cybercrimes was cancelled due to widespread criticism from some international organizations. Then, Some of its provisions were amended by Decree- Law No. (28) of 2020 (Shtayyeh, 2018).

This law is the basic legal framework for cybercrimes, but this law is applied in the West Bank only due to the circumstances of the Palestinian political division.

The following table contains the cybercrimes stipulated in Decree-Law No. (10) of 2018 regarding cybercrimes and its amendments:

No. Crime Punishment Article No.

1. Unlawfully access to private electronic networks

Confinement: 1 week - 3 years, Fine: 200 - 1000 Jordanian dinars Or both penalties

Article 4/1

2. Unlawfully access to government electronic networks

Confinement: 6 months - 3 years, Fine: 500 - 2000 Jordanian dinars Or both penalties

Article 4/2

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Cancellation, alteration, tampering, or re-publication of electronic data stored on a private website, or identity theft of the owner or

administrator of the site

Confinement: 1 year - 3 years, Fine: 1000 - 3000 Jordanian dinars Or both penalties

Article 4/3

4.

Cancellation, alteration, tampering, or re-publication of electronic data stored on a government website, or identity theft of the owner or administrator of the site

Imprisonment: 3 years - 5 years &

Fine: 3000 - 5000 Jordanian dinars Article 4/4

5.

Disable access to the service, software, data sources, or information

Article 5

6. Suspending or disabling the electronic network

Fine: 3000 - 5000 Jordanian dinars Article 6

7. Interception or wiretapping of data sent over the electronic network

Article 7

8.

Decoding encrypted data in circumstances other than those permitted by law

Article 8/1

9.

Illegally using personal encryption elements or an electronic signature creation device of another person

Article 8/2

10.

Committing a crime using any of the means mentioned in the previous paragraph

Fine: 3000 - 5000 Jordanian dinars Article 8/3

11. Unlawful use of communication services

Article 9/1

12.

Illegally benefiting from communication services with an intention of profit

Article 9/2

13.

Using the electronic network to provide incorrect data or certificates to the competent authorities

Confinement: 1 week - 3 years &

14. Forgery of official electronic documents

15. Forgery of electronic means of transaction or using them illegally

Article 12

16. Using the electronic network to steal or misappropriate funds

Imprisonment: 3 years - 15 years, Fine: 3000 - 5000 Jordanian dinars Or both penalties

Article 13

17.

Obtaining movable property, an electronic document, an electronic signature, or an electronic signature creation system, by fraudulent means

Article 14

18. Using the electronic network to threaten or extort another person

Confinement: 1 year - 2 years, two years suspended confinement for a period of five years starting from the end of the actual punishment &

fine: 1000 - 3000 Jordanian dinars

Article 2 of the Decree-Law

No. (28) of 2020

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A threat entails the perpetration of a crime or the imputation of matters that are offensive to the honour or dignity

Confinement: 2 year - 3 years, three years suspended confinement for a period of five years starting from the end of the actual punishment &

fine: 5000 - 10000 Jordanian dinars

Article 2 of the Decree-Law

No. (28) of 2020

20.

Transmission pornographic material at a person above eighteen years old without his consent

Article 16/1

21.

Transmission pornographic material at a person under eighteen years old, or relates to their sexual exploitation

Article 16/2

22.

Using the electronic network to produce, display or publish pornographic activities or works for the purpose of influencing a person under eighteen years old or a person with a disability

Article 16/3

23.

Using the electronic network for the purposes of human trafficking and human organ trafficking or to

facilitate dealing in the same

24.

Using the electronic network to commit the crime of money laundering

Article 18/1

25.

Using the electronic network to commit the crime of financing terrorism

Article 18/2

26.

Using the electronic network for the purposes of trafficking or smuggling narcotic drugs or psychotropic substances

Article 01

27.

Violating intellectual, literary or industrial property rights through the electronic network

Confinement: 1 week - 6 months, Fine: 500 - 1000 Jordanian dinars Or both penalties

Article 02

28.

Using the electronic network to the illegal interference with the private or family life of individuals

Article 22/2

29.

Using the electronic network for the purposes of managing, facilitating or promoting a gambling project

Article 23

30.

Using the electronic network for the purposes of inciting racial or religious hatred or racial discrimination

Confinement: 1 week - 1 year, Fine: 200 - 1000 Jordanian dinars Or both penalties

Article 24

31.

Using the electronic network for the purposes of justifying acts of genocide or crimes against humanity

Imprisonment: 10 years - 15 years Article 25

32. Disseminating information on blocked websites

Article 62

Table 3: The cybercrimes stipulated in Decree-Law No. (10) of 2018 regarding cybercrimes and its amendments (Decree-Law regarding cybercrimes 2018, Decree-Law amending Decree-Law No. (10) of 2018 regarding cybercrimes 2020).

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In addition to the aforementioned crimes, Decree-Law No. (10) of 2018 provides for the punishment of anyone who possesses a device for the purpose of use, or a program or any electronic data for the purposes of perpetrating any of the crimes provided for under this Decree-Law, with imprisonment for a term of not more than five years and a fine of not less than three thousand Jordanian dinars and not more than five thousand Jordanian dinars (Decree-Law regarding cybercrimes, 2018).

Furthermore, the penalty prescribed for any crime is increased by one third if the perpetrator is an employee exploiting his powers, increased by two-thirds if an employee of service providers commits it while performing his work, and doubled in the event the offender repeats any of the crimes provided for under this Decree-Law, regardless of whether they are perpetrated inside or outside Palestine (Decree-Law regarding cybercrimes, 2018). Moreover, If any of the crimes stipulated in this Decree- Law is committed, in the name of the juridical person or on its behalf, it shall be punished by a fine of not less than five thousand Jordanian dinars and not more than ten thousand Jordanian dinars (Decree- Law regarding cybercrimes, 2018). The court may rule to deprive the juridical person of carrying out its activities for a maximum period of five years, or to decide to dissolve it if the crime is punishable by confinement for a period of no less than one year, without prejudice to the criminal responsibility of the natural person affiliated with it (Decree-Law regarding cybercrimes, 2018).

The legislator has obligated the court to take some precautionary measures to combat cybercrimes, which are (Decree-Law regarding cybercrimes, 2018):

1. Closing the premise, and blocking the website on which these cybercrimes were committed for a specified period.

2. Confiscation of devices, programs, or means used to commit any cybercrime, provided that removing the violation is at the expense of the perpetrator.

It is clear from the foregoing that the penalties and penal provisions related to cybercrimes are not unified in Palestine, which violates the principle of equality stipulated in the Palestinian Basic Law (Palestinian Interim Constitution), as the article (9) of the Palestinian Basic Law states: “Palestinians shall be equal before the law and the judiciary, without distinction based upon race, sex, colour, religion, political views or disability” (The Amended Palestinian Basic Law, 2003). Moreover, the various penalties imposed on cybercriminals according to the cybercrimes legislation in force in Palestine, violate the principle of equality of punishment, which is one of the basic principles of criminal penalties (Tonry, 2019).

Conclusion

The relationship between internet usage in Palestine and cybercrimes is direct, as the increase in internet use led to an increase in the rate of committing cybercrimes. Among the reasons that contributed to the increase in the number of electronic crimes committed in Palestine: ignorance of how to use the Internet, ignorance of safe use procedures, and failure to take safety precautions such as: keeping confidential information in devices not connected to the Internet, not transferring information and pictures through communication sites, changing passwords, not setting Important pictures and information on mobile devices, and not using the camera in conversations over electronic means.

The legal framework regulating cybercrime in Palestine is not unified, as the legal framework regulating electronic crimes in the Gaza Strip is the Telecommunications Law No. 3 of 1996, Law No.

3 of 2009 amending the Penal Code No. 74 of 1936, and the Electronic Transactions Law No. 6 of 2013.

While the legal framework regulating cybercrime in the West Bank is the Penal Code No. 16 of 1960, Telecommunications Law No. 3 of 1996, and Decree-Law No. (10) of 2018 regarding cybercrimes and its amendments.

The difference in legislation regulating cybercrime in Palestine has led to different penalties for cybercrimes, which violates the principle of equality stipulated in the Palestinian Basic Law (Palestinian Interim Constitution), and it also violates the principle of equality in punishment, which is one of the basic principles of criminal penalties.

This paper recommends unifying the legislation governing cybercrimes in the Gaza Strip and the West Bank, imposing dissuasive and proportionate penalties on perpetrators of cybercrimes, and

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working to combat these crimes through community awareness about the procedures for using the Internet and electronic means safely, and building a comprehensive national strategy to combat cybercrimes and limit its impact.

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