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Introduction
After many inventions or technology development, threats are also involved in many ways. New technologies give us latest types of crime which directly or indirectly harm us.
Computer is the main source of the online data library. It not only gives us our required information, but when we download some copyright material then that also comes under cybercrime. Cyber and computer crime definition were developed after the enhancement of technology, and it improved after years of making proposals.
A Statement of Problem
Cyber crime is becoming ever prevalent in our society. These days, companies and individuals rely on the services and resources provided through the networks and computers.
Computers can be used in virtually any type of crime, ranging from cyber-stalking and child pornography to financial fraud, espionage and terrorism. Accessing the electronic records is quite important to be protected from such crimes and is not really easy due to its technicality. Necessary actions should be made in order to be on the safe side.
Organizations rely on the data to run smooth activities of their businesses. However, home users save data as per their convenience for their daily personal or professional activities. Due to this, it becomes vital that steps are taken to protect computer systems and the data that users store. Increasingly, criminals are using computers to commit crimes or to keep track of their business dealings .
This is very important since some of the most important evidences may be stored on the suspects computer.
This paper aims to compare and contrast the cybercrime laws of the United Arab Emirates (UAE) with the European Union (EU0, and the United States of America (USA) to come to the conclusion that the cybercrime law of the UAE needs more improvement and extensive upgrades to meet the UAE progress to have an open economy in the 21st century open market.
This paper would also look at the deficiencies in the UAE cybercrime laws.
Types of Cybercrime
Cybercrime is known by many different names such as computer crime or electronic crime. These crimes are linked to the network, computers or equipment used to attack. Attack mean hit on information that is saved on different locations in a company or organizational accounts. Hackers can steal identity of a person, credit card information and can also conduct robbery. The hacker can not only use the data himself, but can also proceed with blackmailing, etc. Data can be misused in several ways. Forgery and fraudulent activities are also conducted over the internet. Customer identities are not safe and money laundering can also take place.
As the use of computer is increased, the growth of cybercrimes has also being increased in numerous ways. Cybercrime types are:
Spam
Users receive countless unwanted emails in junk folder of their email inbox on daily basis. Such emails are sent as commercial tool. This is not legal by any mean unless the user himself subscribed for such newsletters or advertisements.
Many countries passed new anti spam laws to control unwanted mails and to stop unsolicited communication.
It misleads and provides false information regarding any product which they advertise and this ultimately falls under computer fraud or electronic crime. The computer crime misleads and conveys the information with the intention of inducing users, which results in someones loss (Types of Cyber Crime, 2009).
Offensive Content
Many companies and electronic communication websites can be found on the internet, whenever we browse. Those websites can either be useful or obscene, unpleasant or odious for many reasons. That depends on the material provided on those websites. In many countries adult content or nudity websites are banned and cannot be accessed from government (Types of Cyber Crime, 2009).
Harassment
Internet harassment is a common crime these days. Such crimes are conducted in result of the information accessibility over the internet and can be quite harmful in many ways. For example, unwanted email from an unknown sender including videos, photographs or the material that can harm victims, and sometimes it turns out in physical annoyance case. The personal information can be obtained easily by the harasser regarding the victims over the internet. They can easily get the address or a way to contact the victim to harass them. It is also linked with the criminals who consign cyber stalking, and it occurs when the tale begins to infatuate individual in the positive or negative way. They use the internet as a supporting effort to harass their victim to get their way. Today cyber stalking has become a serious criminal offence (Harassment, 2010).
Drug Trafficking
The one of the categories of internet is drugging traffickers, and they use that for trading. They use it by sending emails to their clients or customer and use other technologies, which are available on the internet. Drug traffickers also use internet cafes and courier websites to continue their business by sending illegal drug packages (Types of Cyber Crime, 2009)
Cyber Terrorism
Cyber terrorism can be defined as ones troublesome behavior intentionally. It can also be defined as threats against networks and computers. The intention of these attacks is to harm victims religious, political or ideological theories (Coleman, 2009).
The hacking of official or individual websites, crashing governments executive data or leaving virus on computers also fall under cyber terrorism. Cybercrime enhancement increases the record of the possibility in the organization security gap (Types of Cyber Crime, 2009).
Fraud
In cybercrime, the credit card fraud is the most common fraud these days. It is quite simple for hackers to conduct credit card fraud with the help of a few viruses. This involves storing the keystrokes in the input device and sending the same to the cyber criminals. When a hacker gets that then social security number, home address and credit card numbers can be easily obtained (Walker, n.d).
Piracy
Privacy on the internet means the copyright of media, distribution and downloading. The best example is going on the internet and writing names of website from where movies or songs can be downloaded, and then users might share such videos, etc on networking sites like face book or twitter. This way, users actually contravene privacy.
It has been illustrated that the activities of a common internet user involves sharing activities, downloading, accessing electronic sources, games, books music and several other things that are stored at unknown servers or personal computers. This can violate copyright Act. The illegal distribution of movies, music, software or games is counted as a violation of federal law and the penalties can be money or end in jail (Types of Cyber Crime, 2009).
Types of Computer Crimes
Computer crimes increased from the development of the internet and technology growth during last three decades. Its no more a fantasy, but became a nightmare.
Computer crime increased and our normal living standard turned in hard reality of an internet felony. Computer crimes result in the loss in several real ways. Hacking, phishing and piracy are the types of internet fraud. This is really a common computer crime and everyone knows them (Types of Cyber Crime, 2009).
Hacking
Hacking is all about the unauthorized activities to acquire unethical access of someones computer by security breach and other hacking tactics. Hackers can easily get the required information once they hack the computer and after that no information is safe. Hackers can easily break the passwords of email accounts either that is civil, private, or government official. If we look around then we usually read in newspapers about the hackers who hack government office computer and steal information. The hacking problem is not only observed in Asia only but also in the United States and the European Union. Everyone tasted their criminal approach. The IP addresses are also not safe, and it can be used to transact the false identity. After hacking the IP addresses, hackers not only remain anonymous, but they can continue their criminal activities (Oak, n.d).
Phishing
Phishing also aims the acquisition of the useful and sensitive data saved of computer users. However, it involves fooling the user to get the useful information like, the credit card number, passwords or other credentials to obtain some financial or other benefits. Internet users mostly receive emails similar to the emails of a few common service providers like PayPal or Moneybookers with a link to be clicked that diverts the users to some fake websites where users are asked to enter their sensitive information of sites like PayPal, etc to actually fool them posing real websites. The interface of such phishing sites look similar to the real sites, of which the criminals tend to access. The security systems of such websites are fooled using users credentials that actually passed their credentials to the phishing links that are sent to them by the criminals. Below is the screen shot of such emails containing phishing attempts.
Above email contents are composed posing PayPal. There could be any other message as the contents may differ, but one thing that does not change is the phishing intention. Below is the screenshot of exact email address that is not from the exact domain of PayPal.
Above screenshot reveals that the email is from PayPal.Inc.com and is not actually from PayPal.com. Such emails are mostly received and are aimed to receive sensitive data.
Computer felony criminals use different websites, which are a forged version of some popular website to gain trust of users and make them feel safer to enter their details (Oak, n.d).
Computer Viruses
Virus is program that moves from PC to PC and hinders or obstructs the operations of ones computer. A virus can easily damage data stored in ones computer and it also affects the systems performance. The common way to spread virus is email attachments or links via chatting messages. To be on a safe side, a user should not open unknown emails, unless he / she is expecting attachments from a specific sender. These viruses can be hidden in program files or software, which are pirated (Virus, n.d)
Cyber stalking
The use of the internet or any communication technology to harm others is a cyber stalking is all about the crimes that are made over the internet to harm others by mean of threat broadcast, manipulating data and counterfeit allegation. Cyber stalking involves damaging the systems of those who access chat rooms and other networking websites to collect the information of different people that can be used as the tools to annoy or harass someone to obtain benefits. Abusive phone calls and obscene emails have somber effects on cyber stalking and for that it falls under computer crime (Types of Cyber Crime, 2009).
Identity Theft
Identity theft is one of the most serious frauds. It is about stealing identity of a user to receive financial benefits. A person who steals someone identity, his information, then he pretends to be someone and use that detail to get benefits one way or other. There are two types of identity theft, one is financial identity theft and second is commercial identity theft. Financial identity means to obtain services and goods by using of false identity. The use of other users information is Identity replica, and it is a pretense as a false user.
Robbery, burglary and theft of computers and their Components
Robbery can easily be defined as an attempt of taking a valuable thing from anyone by threat or force. The common name of robbery is stickup and holdup. There are different degrees of robbery. These different degrees differ by state, weapon, or anything thing uses as a weapon and other accessory present at the time of robbery is considered as a felony by law. Motivated robbery is also one expression of robbery, which is common. Aggravated robbery mean when a suspect makes his victim believe that he can harm him with a weapon or a thing that can be used as a weapon. Burglary can be defined as illegal access structure to commit theft or crime. The common names of burglary are breaking and entering or break in (Burglary VS. Robbery, 2009).
Financial
Communal assurance in the security of the information process and stored on the computer networks is a conventional environment of strong avoidance for computer crime. It is really dangerous to the development of commercial transactions online or e-commerce. To participate in e-commerce that entirely depends on company aptitude of reducing e-risk. The online transactions risks include cyber attacks, viruses such as in February 2000; it could halt eBay, yahoo and other websites and then e-forgery (Joyner & Lotrionte, 2001).
Child pornography and sexual predators
The secrecy of the user on the internet is also the point of attraction for the hackers and it can also be dangerous for the users because when they use chatting rooms except knowing the credibility then its really dangerous. Especially in the case of children, they really cant differentiate to whom they are interacting. Youngsters are more addicted of chat rooms and unknown websites so are open to various internet scams. Sexual developments of children transpire can happen in every social, economic, cultural or religious group. As the internet explosion transfer into a powerful and dangerous, child from New Jersey to Dubai are not safe. Sexual predators and pedophiles can use internet, exchange their home address and names and harm children (Hughes, 2001).
Drug crimes customer records, formulas for drug manufacture, financial records
Internet is getting famous day by day and not only the home user or government officials are getting benefits from computers but drug traffickers are also running in the race. Drug traffickers are those who set arrangements at the cyber cafes and also follow the illegitimate consignment through the courier websites. Their packages include pills, exchange formula for amphetamines in restricted access. The drug trades on the internet reduce the chances of in person communication.
Drug dealers essential connections allow frightened individuals to comfortably buy illegal drugs. The vague effects that are often connected with drug deal are ruthlessly minimized. The riddle procedure that comes with substantial communication fades away. Drug dealers traditional recipes were cautiously kept undisclosed. This information is available on the internet and anyone who has computer access can check this out.
Counterfeiting use of computers and laser printers to print checks, money orders, negotiable securities, store coupons
Counterfeiting means the deliberate duplication of copyrighted material. It involves bogus stuff with the aim of creating the copy of the real one. One should be aware of the copyright material as it enters in crime to download stuff including songs, videos, game and similar files without proper permission. This actually involves piracy. The internet piracy for the user of home computer is with the use of a P2P (peer-to-peer) program.
The discussion and debate regarding P2P services and file sharing programs in relation to the copyright violation take place to identify and protect the forgery of the available material (Roddel, Piracy and the Home Computer, 2009).
One can utilize P2P programs to share unauthorized files created by the common home users. The internet user gives their authorization for the information they post. They also share their provided information among different websites. P2P networks require internet connections and are all about sharing and connecting systems. For this, both the parties are required to install some certain software on their systems. There are a lot of networks, which are established to share files. The abuser of P2P networks set up free software on their computers. This downloaded softwares allows them to find and download files. This is not necessary that user will use this facility without the intention of damage to the copyright act. All the users do not use the internet clearly or legally, sometimes they use this sharing system in illegal activities. Below are some crimes open to the P2P networks:
Copyright Infringement
It is about the illegitimate sharing, downloading of copyright material that can be digital files including songs and movies or can also be some software or e-journals and e-books.
Child Exploitation
Child pornography is one of common exploitation these days. It is illegal and prohibited to send or receive such contents. Youngsters are open to such porn websites. Such sites are intentionally or sometime unintentionally opened by clicking the mislabeled icons.
Computer Hacking
P2P networks depict systems, files and other stuff to the internet users from various regions on the network. A use can download, share or send any desire file to other networks or users. Those files can be video related, movies, games, software, infectors, virus, pornography and anything else, whatever is available on net.
Telecommunications crime unauthorized access to telephone systems, cloning cellular telephones, intercepting or creating false communications.
PCS and cell phone fraud can be divided into low and high tech frauds. Subscription is one of the common frauds. According to a source, 80% of the PCS deception is subscription fraud (Telecommunications Fraud, 1998). An individual can steal sensitive credentials of someone and use his identity or sensitive information including social security number and credit card details, etc for his benefits. It has been stated that They avail the service by false information but never pay (Telecommunications Fraud, 1998). Eventually, carrier disconnects the services but his loss is never recovered.
When the services are disengaged, they carry on placing calls by outside of the home carriers service area. Roaming frauds are expensive because of the home carrier service remain answerable. They also pay roaming service charges, which are owed by the carrier. Cloning fraud is the most prevailing variety of the high tech fraud. Important information of anybody can be obtained either by unconditional carrier theft or air interception. Whenever a cell phone or PCS telephone is turned on, air interception account information is possible even when individual is not using the device (Telecommunications Fraud, 1998).
The thief after getting victims account, program them into cell phones or PCS telephone by creating a justifiable phone replica. PCS networks or cell phones are susceptible to fraud of low tech.
Reasons for Cybercrime
Man is a social animal. People desire surroundings like cities, neighbourhood and countries to live. Human are vulnerable and when they live in their surrounding they need a law to live and to protect themselves from harm.
Men invented many solutions for their convenience, and they needed law to protect their information or data from getting damaged.
If we apply the above rule of life then computers are also vulnerable and they need protection against cybercrime. Following are the reason for the cybercrime (Pati, n.d):
Capacity to store data
Today people dont need journals or registers to safe their important data. A person can save data in his/her personal computer with needing more space. Computers have unique ability to store large data in small space. People can safe, delete or retrieve their required data without any hassle.
Easy Access
The difficulty that comes across in guarding the computer system is its illegal contact with every possibility of contravenes.
It is not because of human error but due to the complex technology like key loggers, stealing of access codes, logic bomb, voice recorders and retina imagers (Pati, n.d).
Complex
The computer completes its work in an operating system which is composed of millions codes. As no one is perfect so its impossible that theres no fall at any stage of any invention. Cyber criminals are benefitted from such errors and infiltrate the systems easily.
Negligence
Negligence or carelessness is closely linked with human behaviour. It is not necessary that no error can be found while protecting the computer system. The negligence pays us hard in the form of cyber criminal control on computers.
Loss of evidence
This is the common and frequent fraudulent activity noticed these days. In that situation, all data is destroyed. Loss of evidence paralyses the system and makes a difficulty in crime investigation.
Cyber Criminals
There are several identical classes of cyber criminals. Below are some classes:
Six to eighteen age group children
Youngsters are always inquisitive to explore different things. They tend to do in deep of unknown sources. This is quite dangerous in several ways.
Organised hackers
Such criminals are mostly smart enough and are prepared. These hackers gather sensitive data to obtain financial specific benefits or just for fun.
Professional hackers
Professional hackers are motivated to hack computers, websites and inbox for money. Professional hackers are employed to hack the sites of opposite party.
Discontented employees
Discontented employees are those people who have been employed or currently not satisfied with their current management or boss. To torture or avenge their ex boss, they usually hack their data.
Literature Review
The search for a computer crime definition was needed as cybercrime involved all the categories of a felony. The definition emphasizes on cybercrime individuality on the knowledge and use of computer technology. Computer felony definition as per the Criminals Justice Resource manual (1979) is any illegal act for which knowledge of computer technology is essential for a successful prosecution (Schjolberg, 2008). The study on international computer crime aspects in 1983, the definition was defined as Encompasses any illegal act for which knowledge of computer technology is essential for its perpetration (Schjolberg, 2008).
In 1986, the OECD declared the computer related crime illegal. They also called computer crime unauthorized and unethical regarding the automatic processing of data transfer. As per the 1989 s Council of Europe Recommendation, the computer-related crime was called the offences. It defined and specifies the proposed recommendation for legislators nationally (Schjolberg, 2008).
In 1995, on criminal procedure law the Council of Europe recommended the term offences connected with Information Technology . It further describe computer crime as Encompassing any criminal offence, in the investigation of which investigating authorities must obtain access to information being processed or transmitted in computer systems, or electronic data processing systems (Schjolberg, 2008).
A single definition on computer crime was introduced from the European Union commission in 2001 that described computer crime as the use of Information Technology directly or indirectly. Further it is described as the crime that is traditionally performed by the computer technology (Schjolberg, 2008).
In 2000, the Stanford University made a definition on Cybercrime for an International Convention. It defines the crime against any network or individual computer transmits, rely, control communication or coordinate the data or programs without the legal rights will be counted in cybercrime.
The other suggestions made for the European Union Council Framework Decision on harassment in 2002. The commission embraces its functional definition. It defines the computer crime clearly, and they considered it as an attack on the information.
The four different categories on cybercrime were defined in 2001 from Council of Europe Convention in their article 2-10:
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Any offence on integrity, confidentiality and availability of data on computer
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Offence which is a computer related.
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Offence which is content related.
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Copyright related
Many observers not only considered intolerance, copyright infringement, child pornography and xenophobia as cybercrime, but they also took content related issues as cybercrime. Copyright issue is being highlighted but many countries do not consider this as a crime.
Cybercrime legislation in the United Arab Emirates
In 1971, the United Arab Emirates was formed, and it is a federation of seven emirates. The United Arab Emirates got independence from the Great Britain. The Supreme Council sovereign rules the UAE, so as the independence is sustained. After independence from Britain in December 2006, it was the only state in the constituency which was not having elected bodies. The United Arab Emirates lead the Arab world in acceptance of information and communication technology. As per the report of World Economic Forum, the United Arab Emirates was expected to spend about $3.3 billion on information technology and communications.
They planned to invest this amount in hardware for hospitals, schools, and other civil schemes between 2008 and 2011. To control the cybercrimes in their region, the government of the United Arab Emirates issued a federal law in this regard (United Arab Emirates, 2009).
As per the Cyber crime law No. 2 of the UAE the intentional act should be taken seriously as this would eliminate the open access of sensitive, professional or personal data in order to prevent such cyber crimes. The users may stay behind the bars for using the internet to deprecate Islamic places of worship and traditions or insult any religion and promote sinful acts. Individual found guilty by mean of setting up a website that can assist and promote thoughts to violate the common order and public affability, can be imprisoned. The law of the United Arab Emirates persists to stop all the citizens from the access of an important quantity of the Internet and straddling a variety of topics. The immense majority of sites are filtered for those who believe that filtered sites are disgusting in some ways, and few other political sites are also blocked.
The resistance of the United Arab Emirates to the Israel can be seen there. The UAE enhanced its system to the free zones of Dubai. Dubai previously enjoyed unfettered Internet access. In the UAE, Smart Filter software filters and blocks the websites containing offensive stuff relating unethical contents including gambling, drugs, pornography, religious violations or sex. Government of the UAE has been coming up with different attempts and programs to monitor electronic activities. Internet cafés are also being properly monitored in the UAE. They ensure that the provided connections do not bypass national filtering (United Arab Emirates, 2009).
Cybercrime legislation in the United States
Cybercrime or e-crime refers to the criminal activity that involves the computer and the use of the internet. This can be a customary criminal offense which is dedicated with the use of a computer. The newer crimes are instigating with the beginning of networks and computers. Cybercrimes cover an assorted and a very large variety of the offense (Computer Crimes Law, n.d).
Computer or cybercrime is divided in to three categories as per the United States Department of Justice, which is usually known as DOJ.
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The crime which acquired the computer peripherals, hardware and use of software illegally.
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The attempts aiming attacks by the mean of malware, viruses, computer hacking, Trojan horses, logic bombs, sniffers and spyware.
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The crimes committed via the use of computer devices and networks, and meanwhile the committed felony does not target the actual network and the computer. Such as phishing scams, Fraud and identity theft, embezzlement, corporate espionage, movie and music privacy, copyright violation of software, cyber terrorism and child pornography (Computer Crimes Law, n.d).
Congress endorsed Communications Assistance for Law Enforcement Act, known as CALEA on October 25, 1994 in response to apprehension of the rising technologies. Those up-and-coming technologies such as wireless and digital connections were making it gradually more difficult for the law enforcement forces to implement sanctioned scrutiny. Communications Assistance for Law Enforcement Act was intended to preserve the ability of law enforcement organizations to accomplish electronic surveillance.
Telecommunications firms work hard on designing and altering features and services to achieve standard results in surveillance capabilities. In October 1997, The Commission began to implement Communication Assistance for the Law Enforcement Act with the release of a notice of Proposed Rulemaking. Since then, the Commission has released and taken several actions and numerous orders to implement Communications Assistance for the requirements of Law Enforcement Act (First Report, 2005).
Cybercrime Legislation in the European Union
The European Union was founded on November 1, 1993. The European Union was previously known as the European Economic Community usually known as the EEC. The European Union is the combination of twenty seven independent states. The European Union is based on the European communities, and it was established to improve economic, political and social collaboration. The European Union finalized the common currency for the member countries as Euro. The member countries of the European Union are Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom (Kirste, 2007).
The ministers of the European Union asked the European Commission to appraise the possibilities of centralized agency set up on dealing cybercrime. The European Union wanted to prevent child pornography and the online fraud. The United Kingdom, France and Germany were the biggest opponents of the centralized European Union body on the cybercrime previously.
The intended body was to persuade information distribution between national law enforcement authorities.
The European Union Cybercrime Task Force was created pursuant to the meeting at the Europol Headquarters for two days. The hot issues that are discussed include the strategic and functional aspects of cybercrime tribunal, investigation and worldwide cooperation. They also discussed the major issues on operational exchange of information criminal new trends, case studies of cybercrime, international legal constraints, criminal modus operandi, private industries relationship, law enforcement force trainings and negotiation with organization of law enforcement force of the non European Union (Europol, 2010).
Methodology
In order to evaluate and compare the strength and applicability of the laws and legislation of the two entities i.e. the United Arab Emirates and the Western World comprising mainly of the United States and Europe, it was needed that not only the theoretical but also practical experi
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