The Problem of Characterising Binaural Beats as a Psychoactive Substance: Bridging the Gap Between Traditional Drug and Electronic Fraud Approaches

Abstract

Basing on the current laws in Iraq's criminal legislative system, this research addresses the issue of identifying a legal framework for characterising digital drugs and thereby establishing criminal culpability. On the one hand, and on the other hand, we have tried to urge the Iraqi federal and Kurdistan regional legislators to synchronise the repercussions of the emerging cybercrime and predicate the future consequences of such crimes, based on the principle of protecting the security, stability, and safety of society by enacting modern laws to confront cybercrime, and not impunity for the perpetrators. 

     Therefore, in order to understand the topics of the research, we divided the research into two sections: in the first topic, we studied what digital drugs are (the definition) by defining the mechanism of action of these drugs, while in the second topic, we studied the legal mechanism for characterising digital drugs through two approaches: in the first of them, we tried to characterise digital drugs as conventional drugs, while in the second approach, we tried to characterise this drug as a digital fraud.