It is therefore a prerogative for governments across the globe to enact laws to fight these crimes, as well raise awareness among the people to ensure that they are not vulnerable to these types of criminalities.
In the United Arab Emirates, cybercrimes are covered under Federal Decree Law No. 34 of 2021 Concerning the Fight Against Rumors and Cybercrime (“Law”). The Law aims to increase the level of protection from online crimes committed through the use of information technology, networks and platforms. It also seeks to protect the UAE’s government websites and databases, combat the spread of rumours and fake news, safeguard against electronic fraud and maintain privacy and personal rights. In this Article, we will look into the provisions of the Law that deal with fraudulent activities under cybercrime.
Fabrication of Mail, Websites and Electronic Accounts
Certain workplaces and organisations in the UAE have witnesses fraudulent emails, that seem to have been sent by someone inside the organization, but in reality, is a scam email involving fake websites that look like the organisation’s website. People have also been victim to fake restaurant websites that offer great discounts, but when someone attempts to order food and pay to the website, the fraudulent site withdraws copious amounts of money from the unsuspecting individual’ bank account.
To combat such types of crime, Article 11 of the Law states that fabricating a website or electronic account or mail and falsely ascribing the same to another person is a crime with a punishment of imprisonment and/or fine between AED 50,000 and AED 200,000. If the fabricated email or website is used to defraud another person, the offender will be subjected to a minimum of two years in prison. If the fabricated account or website is related to a government account, the corresponding punishment will be raised to up to five years in prison, along with a fine of AED 2 million.
Breach of Electronic Payment Methods
Credit card fraud and scams involving e-payment is another method through which criminals defraud individuals using the internet and other information technology. Article 15 of the Law states that the following activities will be considered a crime involving imprisonment and/or fine between AED 200,000 and AED 2 million:
- Committing forgery of credit cards, debit cards or any e-payment methods, or seizing the data or information in this regard, by using information technology means or information system.
- Manufacturing or designing technology method or information program to facilitate any of the above actions
- Unauthorized use of credit card, debit card etc., or any data or information thereof, for the purpose of seizing the money or property of others or using services offered by such cards
- Dealing with forged cards or other electronic payment methods that are illegitimately seized, while knowing its illegitimacy.
Cyber Fraud
Most individuals have received calls wherein scammers impersonate government officials to issue threats, to send people into a panic leading them to take hasty decisions like sharing One Time Passwords (OTPs) or bank details with the scammers.
As per Article 40 of the Law, fraudulently enriching oneself by fraud, either by using a false name, or impersonating someone through the internet or other information technology method, will lead to imprisonment of a minimum of one year, and/or fine between AED 250,000 and AED 1 million.
Electronic Extortion and Threat
According to Article 42 of the Law, extortion or threats to another person using information technology, to induce him to perform or abstain from an act will lead to a minimum of 2 years in prison, and/or fine between AED 250,000 and AED 500,000. if the threat involves matters of dishonor, the punishment will be imprisonment of up to ten years.