Artificial Intelligence between Enhancing Cybersecurity and Creating New Cybercrimes: A Descriptive Analytical Study in Light of Libyan Law

Abstract

This research examines the dual role of artificial intelligence in the field of cybercrime. On the one hand, artificial intelligence has contributed to strengthening cybersecurity and improving mechanisms of crime prevention and detection; on the other hand, it has become a tool for committing sophisticated cybercrimes characterized by technical complexity and difficulties of proof. The research aims to analyze the legal issues related to attributing criminal responsibility for cybercrimes based on artificial intelligence technologies and to identify the challenges facing criminal evidence in this type of crime.

The research adopts the descriptive-analytical approach through examining the conceptual framework of artificial intelligence and cybersecurity, analyzing emerging forms of cybercrime, and evaluating the Libyan legal framework, particularly Law No. (5) of 2022 on Combating Cybercrimes, while also benefiting from selected comparative legislations.

The research concludes that Libyan legislation, despite its significance, remains insufficient to confront intelligent cybercrimes, whether in terms of criminalization, criminal liability, or evidentiary rules. It further emphasizes the need to develop the Libyan criminal justice system by introducing specific legal provisions concerning artificial intelligence, updating rules of criminal evidence, and strengthening the role of specialized technical expertise in line with contemporary digital transformations.