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Computer Network Website Access Obstruction Penalty Per UAE Law

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Computer Network Website Access Obstruction Penalty Per UAE Law Lawyer Dubai Abu Dhabi UAE Cyber Crime Law how to report cyber crime in uae cyber law cybercrime cases complaint in federal law debit card purchases bank account crimes WhatsApp: +971555570005

Computer Network Or Website Access Obstruction Penalty Per The UAE Law

We often hear in the media or in the social media from time to time about the spread of a particular virus or malicious software over the Internet which infects the computers connected as well as information systems at different levels and it often lead to loss of access to data and information or the leak of confidential information of governments and private institutions and companies and various events causing financial and material losses as a result of loss of confidence in the protection of these data

Computer viruses and malware have been created since the early beginnings of the development of the personal computers and programming languages, starting from simple viruses that can be transmitted through floppy disks and zip drivers and it ended up with a rapid spread of sophisticated malware over the Internet.
Whereas the people behind these actions has great technical and software experience, and their motives vary. Some of them are motivated by the challenge, proving the skill and the ability to penetrate the digital protection systems, and some of them are financially motivated to obtain illegal bank accounts or extortion.
Governments have begun to codify laws and regulations that define the nature of illegal acts in the information technology field. As the UAE issued the Federal Law No. 5 of 2012 on combating IT Crimes.
And one of the electronic crimes that the law defines and determined its penalty , the crime of obstructing the access to the computer network or to a website or an electronic information system, as states in Article 8:” Shall be punished by imprisonment and a fine not less than one hundred thousand dirhams and not in excess of three hundred thousand dirhams or either of these two penalties whoever hinders or obstructs access to the computer network or to a website or an electronic information system”:
For further clarification, the legislator defined the computer network in Article 1 of Law No. 5 of 2012 as follows:” Two or more computer programs and information technology means linked together to enable users to access and exchange information.”
Also the legislator identified the website as follows; “The website was also known as a place to make electronic information available on the Internet, including social networking sites, personal pages and blogs. Including the websites of individuals for companies and governmental and private institutions”
The criminal uses several techniques in order to achieve his/her objectives, such as circumventing the protocol address in order to hide his/her identity and protocol address (IP), so that it is not tracked and identified by the network administrators, the electronic protection systems and communications experts.
Whereas the aforementioned law in Article 9 determines the penalty of uses a fraudulent computer network protocol address for the purpose of committing a crime as follows;” Shall be punished by imprisonment and a fine not less than one hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a fraudulent computer network protocol address by using a false address or a third-party address by any other means for the purpose of committing a crime or preventing its discovery”.
As an example of the IP address of the Internet, IP Internet Protocol (IP), which identifies a unique identifier for each device on the network, thus faking the IP address of the Internet or the use of an imaginary address or address to a third party for the purpose of committing a crime without detection and tracking by the security experts and legal entities is considered a crime.
As for the malware programs which are a tool to carry out such a crime by deliberately installed and without permission to the Internet or electronic information system, the legislator criminalized such act as stated in Article 10: “ Shall be punished by imprisonment for a period of at least five years and a fine not less than five hundred thousand dirhams and not in excess of three million dirhams or either of these two penalties whoever willfully and without authorization runs a software on the computer network or an electronic information system or any information technology means, and caused them to stop functioning or being impaired, or resulted in crashing, deletion, omission, destruction or alteration of the program, system, website, data or information”
Where the penalty is at the maximum in the event that the obstructing of the electronic system or the site or information and there is also punishment in the event that the desire of the criminal is not achieved in the obstruction
In light of the aforementioned, it reveals that The Emirate legislator was keen on the integrity of the function of information networks, information systems, websites and information security in to increase citizens’ confidence in these electronic systems and protecting their data and privacy. This enhances the concept of e-government among citizens and punishes those who violate these systems.

M&L Advocates & Consultancy
Attorney/ Mohamed Al Marzooqi
Mohamed Al Marzooqi Advocates & Consultancy Law Firm
One Of The Best Lawyers In Abu Dhabi Dubai UAE

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