• Brain Booster Articles

COMPARATIVE ANALYSIS OF CYBER LAWS IN INDIA AND UAE

Author: Apurva Surve, III year of B.A., LL.B. from Shankarroa chauvan law college Sclc.


Introduction

Cybercrimes are crimes that are done online with the use of computers and the internet. With the surge of technology and increased dependence on computers, the number of crimes in cyberspace has been increasing rapidly. Technology has completely dictated the lives of people which has led to various repercussions. Various types of crimes are committed in cyberspace such as identity theft, money scams, unauthorized access, theft, fraud, Cyber terrorism, Phishing, etc. that can leave a lethal loss to financial assets and money, cause harm to victims, an individual directly or indirectly. Cybercriminals usually target networks, hack computers to target individuals and groups. Cyberspace is a humongous area of various channels which makes it difficult to determine its jurisdiction and track down the culprit easily. To curb cyber crimes, various countries have come up with Cyber laws to protect their citizens from the perilous ever-growing space. Cyber laws dictate actions and reactions of Cyberworld, direct online security, digital security, etc. They play a pivotal role in this new epoch of technology. India and UAE (United Arab Emirates) have elaborate laws to face challenges and protect victims of Cyber Attacks and crimes.


Cyber laws in India

India witnessed its first cybercrime when the first polymorphic virus was released. Yahoo v.Akash[1] was the very incipient case of cyberspace. Ever since then noxious cyber crimes have been ever-growing and crippling innocent victims who have been exposed to this pernicious web, to curb digital offences and stop cybercriminals from taking advantage, India passed legislation known as IT Act 2000[2] which was notified on 17th October 2000. It was further amended in 2008. The initial draft was created by the E-Commerce Act led by the Ministry of Commerce in 1998.IT is based on the United Nations model law on electronic commerce in 1996(UNCITRAL Model). IT ACT provides legal recognition to electronic documents and digital signatures. This act was intricately traced to deal with the trifling activities of the World Wide Web. According to IT Act 2000, cybercrimes have global jurisdiction. As the internet is a widespread area, defining jurisdiction becomes very tedious. Cyber Crimes have led to huge revenue losses of those companies which were attacked by hackers, Reputation Damage, and impacted government and society as well in India. Chapter XI of IT ACT deals with various cybercrimes and conventions. Various sections and punishments are provided under IT Act 2000 such as –


There are many other sections, offences, and remedies mentioned in the IT Act 2000. There is a need to strengthen and armour Cybersecurity, robust systems to abreast the loopholes that are escalating because hackers are upping their game every day, and trying to find ways to break into new systems is the need of the hour.


Procedure to register cyber crimes in India

Many cybercrime cells have been established in various cities in India to curb cyber crimes. Complaints can be registered either online or offline. As cybercrime has global jurisdiction, complaints can be registered with any cyber cell irrespective of the place where it was committed or the place where the victim is currently residing. Online complaints can be filed at the online portal https://cybercrime.gov.in/Accept.aspx. People who do not have access to Cyber cells in India can file an FIR (First Information Report) at the police station and if the complaint is not accepted then can approach the Commissioner.


Cyber Crimes in the United Arab Emirates (UAE)

The United Arab Emirates (UAE) has emerged to be at the forefront of many technological advances, with the number of technological advances, security has gradually become vulnerable and degraded with time. According to the recent statistics, internet penetration has increased 92% in UAE with day-to-day work done online like E-Governance, E-Banking, E-Shopping, etc, threats have gradually increased targeting users. The United Arab Emirates (UAE) does not have a comprehensive data protection law at its federal level, however, there are several laws in place that govern privacy law in UAE and data security.UAE has had a dedicated cybercrime law since 2005.The Federal Law Concerning Combating Information Technology Crimes of 2006 formed the backbone of the regulatory framework which tackled Cyberspace activities and crimes in the UAE. The National Electronic Security Authority (NESA) enforces cybercrime law and regulates information systems and protects communication. Cyberlaw for the relevance of cybercrime law number 5 of 2015 did not explicitly define what cybercrime was so was repealed and replaced by Federal law number 2 of 2006[3]. It was left at the discretion of judges to decide when cybercrime was committed. Rigorous fines are imposed in UAE law. According to article 2 of the Federal Cyber Crime law, any act committed by a person where they enter an information system or website illegally will be punished with six months of fine and no less than 100 thousand Dirhams. If a person hacks into the company where they are employed they will face imprisonment of no less than one year and fine not less than 250 thousand not exceeding one million Euros. Hefty charges are fined to prevent people from actually committing crimes thus act as a deterrent to not let people get involved in the vicious circles of the web.UAE has various other distinctive things that are included in the aspect of cybercrimes that are not crimes here in India, e.g. Having a VPN-Virtual Private Network is a Cyber Law crime in UAE, as it breaches the law and regulations of UAE. Swearing on online apps falls under the ambit of crime in UAE and a person convicted can face a fine of Dhs500, 00, prison sentence, and deportation.UAE has lately amended cybercrime laws and has covered several new activities in its ambit. The New Cyberlaw rescinds the old Cyber Law or Federal law number 2 of 2006 and carries 51 articles that involve all violations in the Penal code and UAE laws.

The following are examples of crimes included in the new cybercrime law:

  • Forgery and money laundering

  • Cyber defamation

  • Illicit utilization of restricted software

  • Arranging protest through online portals

  • Online gambling etc…….

  • Electronic card and bank account number; confidential codes forgery


Procedure to report Cybercrime in UAE(United Arab Emirates)

The citizens can report to the nearest police station for filing a complaint against cybercrime as soon as possible. In case of emergency, they can call at 999. They can also report by calling 8002626. There are various online sites available to register to complain of cybercrimes Example:-

1. The E-crime website-www.e-Crime.ae, where people can register their electronic crime complaints either related to money or people. The website provides complete guidance to people throughout its procedure. All they need to do is fill a detailed form accurately with due instructions given by.


2. Dubai Police's Website

Cybercrimes can be reported through the Dubai police website where further necessary actions will be taken efficiently and due diligence.


3. My Safe Society app launched by UAE federal Public Prosecution

Seldom people are unaware of various legal websites and aid available to them in such cases this app is the best and handy to report crimes if there is a lack of sufficient information about the various electronic crime reporting websites.


Conclusion

As there are technological advancements taking place now and then, in the world at large. We need to opt for a deontological approach to curb the cybercrime taking place all over the world through the medium of the World Wide Web. The impact of such cyber crimes on netizens is the repercussions of the easy availability of non encrypted websites available for day-to-day tasks, which traps the amateur netizens not knowing the reverberations of the technological advances which backlashes the individual in vain. So to keep a check over such crimes the need of the hour is to come up with robust laws both in India and UAE to protect the netizens and to effectuate smooth functioning in cyberspace and prevent misuse of the people's rights.


References

[1] Yahoo!, Inc. vsAkashArora&Anr. on 19 February 1999.

[2] https://indiacode.nic.in/bitstream/123456789/1999/3/A2000-21.pdf

[3] https://www.stalawfirm.com/en/blogs/view/legislation-commentary-on-federal-law.html

[4] https://u.ae/en/resources/laws

[5] https://www.tamimi.com/