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14 thoughts on “On Jordan’s Cyber Crimes Law

  1. Thanks for the article.
    I do agree with pretty much all the points you mentioned.
    I would like to add the below bullet points:

    – The only deterrent and filter to these temporary laws is a strong parliament which assumes efficiently it’s legislative duties.

    – Didnt his majesty order that no journalist from now on will be imprisoned for assuming his role and duty?

  2. @Mensour:

    – your first point is valid, however, only in the presence of an actual “strong” parliament. not one that is filled with hand-picked representatives and people who run because they think it’s a good gig.

    – regarding your second point, i think we both know that what the king says is one thing, and how the state goes about implementing it is a totally different thing.

  3. I hadn’t noticed article 12.a before. I wonder if it includes browsing or reading material posted by others on the internet (like the stuff that gets posted on wikileaks). It says

    كل من دخل … إلى موقع إلكتروني أو نظام معلومات بأي وسيلة كانت بهدف الإطلاع

    “by any means” probably also includes the simple act of browsing the website. I’ve asked @MutasemNsair and @ICTMinJO for clarification on this and hope to see a response.

    Regarding article 8, almost all countries define crimes of libel and slander, and according to the memo attached to the law, the definitions are drawn from the Jordanian penal code. I personally have two issues to raise with the way these crimes were handled in the CCL:

    1- I believe that since the penal code and the CCL apply to two separate realms, there doesn’t necessarily be an agreement in how they both define libel and slander. The minister said that they didn’t want to contradict how those crimes are defined in the penal code, but people who know more about the law than either I or the minister do have told me that there is no rule that says they couldn’t have defined libel and slander differently in the cyber realm. I consider this a missed opportunity on the part of minister Marwan Jumaa.

    2- The way the memo interprets article 8 when it comes to a website owner’s or editor’s liability for libel and slander in a piece that’s written by someone else has some backwards logic, AND encourages self-censorship:

    – It has backward logic because it claims that the website owner’s intent can arise EVEN AFTER the actual crime of libel has taken place. To illustrate, assume that I post a comment on your blog that is libelous, and you don’t moderate your comments. The crime of libel has taken place, and you clearly had no intention for it to take place; you hadn’t even read my comment. So far, all of this is acknowledged by the CCL. You are innocent. Now, if the person I wrote my comment about complains to you in an email pointing out the comment, and for one reason or the other, the comment stays on your site (e.g. you didn’t read his email, or his email went to junk), the CCL will consider that you intended to commit the crime of libel. But how could one possibly have the intent to do something AFTER it had actually happened? The sequence is ALWAYS intent followed by action, and it can never by action followed by intent. So the memo is clearly wrong here!

    – This whole idea of the website owner, admin or editor having to decide what to do with a comment that they receive a complaint about puts that person in a situation in which the only way for them to not risk litigation is by engaging in self-censorship. Not every complaint about libel or slander is accepted in a court of law, many are actually thrown out of courts. The problem is that a website owner is no legal expert, and is probably not willing to take the risk of leaving the troublesome content on the website and having it end up being ruled libelous. The result of this is much censorship that is not necessary and that can be easily avoided by routing the complaints through the appropriate entity which is in charge of making the decision of whether a crime had taken place or not (i.e. the court).

  4. I have two comments:

    First, regarding the government restricting internet access of its employees — this is standard practice in the private sector in many parts of the world including the West. A few years ago I worked for a British company in London and this was the case. More recently, I worked for a large multinational oil company wiht operations in every corner of the world and 100,000 employees and guess what — internet access was restricted. In short, it is legitimate business practice for organizations to control the internet access of their employees for reasons of productivity and, I would argue, for moral/legal reasons as well. I mean, its not acceptable for an employee to be surfing porn at work whether he’s sitting in Amman or in Rome or in Chicago.

    Secondly, as far as the cyber law is concerned, yes the monitoring of cyber crime is legitimate and yes the government should stop trying to control the free flow of information. The exchange of information stimulates ideas, which leads to progress which leads to economic development. that’s why the west is where it is today and why the rest of us continue to fall behind scientifically, technologically and even socially. However, at the same time I applaud the government for listening to the masses and ammending the law. True, they issues in question should have been properly addressed from the start. however, you have to bear in mind that changing attitudes is very difficult and governments in the arab world have a reflex reaction to control and clamp down when it comes to the flow of information – such a mindset is no longer appropriate in today’s age, but it takes a long time to change. the fact that the jordanian government has listend to the public on this one is a sign of progress, however painfully slow that progress may seem to some of us.

  5. Just one question, I am almost 100% sure that this law previously allowed officers to inspect offices and homes wihout a warrant. A day later after I rechecked, that article was edited to include the need of a warrant.

    Is what am I saying correct? I mean every rights organisation stepped up and said this inspection wihout a warrant is wrong. Now is it possible that we all missed the “They should have a warrant” part or that same article was edited wihout the ICT minister mentioning it? I think it was done secretly because I read it carefully the first time.

    I am truly puzzled. Anyway, this ICT minister is not qualified IMO. Gotta let him go if he doesn’t believe in freedom of speech and human rights as we all have seen through this law.

    And that stupid rifaii, I mean his gov should have closed the deficit by now after they drained our money. He says he imposes more taxes to benefit the next generations. I guess it’s for the nuclear reactor or it’s put aside incase of finanical trouble. Our goverement can impose as much taxes as they want without letting us know where that money goes unless the rifaii decides to show us the documents.

    King must say bye bye to this retarded gov…

  6. I’ve been living under a rock, and look what I’ve missed:

    “public employees browsed 70 million websites during working hours, with only 13,000 of those sites being relevant to their jobs”

    Well, the statistician was completely hungover that day, here are some facts that you should know, the total number of active websites out there on the internet is 108 millions,I’m convinced that employees browse dozens of Web sites on a daily basis, but 70 M that’s 65% of the whole WORLD WIDE WEB man, Now That’s What I call exaggeration!

    Happy Eid NAS 😉

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