Majlis 12 Seite 42

Hinweis: Dies ist eine maschinenlesbare No-Flash Ansicht.
Klicken Sie hier um zur Online-Version zu gelangen.

Inhalt

T he world is especially expanding due to contribution of the World Wide Web Transnational connections are being handled within seconds thanks to the internet With the expansion new possibilities and new chances are arising but also new challenges In this context the term Cyber Crime conveys the sum total of criminal activity evolving from the technical development of the World Wide Web This ranges from credit card fraud copyright infringement to identity theft to name but a few Consequently the biggest challenge from a legal point of view is adapting the legal framework to the new century Present regulations are deeply entangled and may date back to almost 2000 years ago In Germany regulations applicable to cybercrime are spread all over the existing legislative framework Criminal prosecution is approached from two directions on the one hand existing regulations are being interpreted according to the technical development around the web and on the other hand particular regulations have been implemented into the existing structure A major weapon in the combat against cybercrime is the German Criminal Code StGB regulating not only the criminal profit of the broad effect of the web but also those activities conducted through its means and devices A significant example shows 263a StGB that has become inevitable due to the fact that a human being is no longer an essential element of fraud as the lawgiver had in mind when developing the Criminal Code but can be committed towards a technical system as well Further important regulations regarding cybercrime are hidden within certain frameworks such as the Copyright Act UrhG The Law regarding Art and Copyright KUG or the Federal Data Protection Act BDSG Especially when user generated content infringes criminal regulations the question of the general liability of telecommunication providers namely service and access providers arises Germany is answering nowadays with the Telemedia Act TMG the first framework to be created with respect to the concerns of the web It primarily marks the extent to which a provider is liable for own and third party content The UAE is facing the challenge in a different way and created a brand new law particularly dealing with cybercrime Federal Law Decree No 5 of 2012 While the German law is regulating the different types of assaults through various regulations the Cyber Crimes Law of the UAE now provides it all in one package This law gives the Emirati authorities the chance to deal with cybercrime directly It is the most detailed law in the GCC region concerning the protection of information whilst using modern technology It replaces a decree from 2006 which was far more general than the new one The renewal became necessary since the UAE s development in technology has picked up speed in the past few years and the country is hosting even more people from different countries The old law was not capable anymore to cover all different assaults on the safety of information through internet technology There are three main topics of the Cyber Crimes law The first one is the protection of privacy Art 2 15 of the Cyber Crimes Code criminalises anyone who gains unlawful access to a website an electronic information system or computer network This basically means anyone who is hacking into someone else s electronic privacy The law also provides legal protection for the privacy of information such as data and numbers and credit cards and bank accounts s Art 12 13 Cyber Crimes Law The new decree also stipulates punishments for any person creating or running an electronic site or any program or idea which promotes disorder hate racism or sectarianism and thereby threatening national unity and social peace Basically anything that contradicts the local order public Furthermore it prescribes imprisonment for anyone who runs an electronic site with content that derides or damages the reputation of the stature of the State or any of its institutions such as the ruling families of the Emirates This includes the publishing of any news or caricatures which affect the reputation of the institutions mentioned above The last part of the Cyber Crimes law deals with the prevention of terrorism Anyone who promotes any terrorist groups and unlicensed societies and organises marches or demonstrations without obtaining a license from the respective authorities faces imprisonment according to the new decree This means supervising an electronic site or publishing information for a terrorist group online can also be a punishable offence Besides imprisonment and administrative penalty the Cyber Crime Law states further legal consequences to infringement such as confiscation of electronic devices or deportation from the UAE However whether incorporated in the present legal framework or brought into a brand new system the different legal systems are activating their arms against cybercrime Going offline is no option The World Wide Web is now a part and reflection of reality with its benefits and costs n Combating Cyber Crime in the UAe LEGAL the world is expandinG Elisa GelleschunVerena Kilb German Emirati Joint Council for Industry and Commerce AHK Dubai 40 ISSUE 12 MAJLIs