<p>It further expands the definition of conduct violating the privacy of others by criminalizing eavesdropping, transmitting and disclosing communications (including audio and visual material); taking photographs of others and copying, saving or publishing them; and publishing news, comments, statements and information even if they are authentic.</p>
<p>The New Cyber Crime Law, most notably, creates additional categories  of offenses addressing the increase in the incidence of cyber crime in  the United Arab Emirates (&ldquo;UAE&rdquo;). Highlighted below are the most notable  provisions of the New Cyber Crime Law.<br /><br /><strong>1. Access to an electronic site<br /><br /></strong>Federal  Law No. 2 of 2006 previously provided that anyone who commits a willful  act by illegally accessing an electronic site will be punished by  imprisonment and/or a fine. Article 2 of the New Cyber Crime Law removes  the intent requirement and prohibits any person from accessing an  electronic site illegally, without permission, or by exceeding the  limits of said permission, and provides for an express fine of not less  than AED 100 and not exceeding AED 300. It provides an express penalty  of imprisonment for a period of at least six months and/or a fine of not  less than AED 150,000 and not more than AED 750,000 for changing,  copying, deleting, disclosing and publishing any data or information  obtained by entering an electronic site illegally and without  permission. To the extent such data or information is personal; the New  Cyber Crime Law increases the penalty to imprisonment for a period not  less than one year and/or a fine of not less than AED 250,000 and not  exceeding AED 1,000,000.<br /><br />Article 4 of the New Cyber Crime Law  further states that any person who enters without permission any  electronic site for the purpose of obtaining government data or  confidential information of a financial trade or economic establishment  shall be punished by temporary imprisonment and/or a fine of not less  than AED 250,000 and not exceeding AED 1,500,000. There is an increase  in penalty if such data is changed, copied, deleted, disclosed, or  published which includes a fine of not less than AED 250,000 and not  exceeding AED 1,500,000 and/or imprisonment for a period not less than  five years.<br /><br /><strong>2. Medical related data<br /><br /></strong>Article  7 of the New Cyber Crime Law now expands the definition of conduct in  respect of medical data and information by stating that any person, who  obtains, amends, damages or discloses information obtained online,  related to medical records, examinations, diagnoses, treatment or care,  without permission, shall be punished by temporary imprisonment.<br /><br /><strong>3. Electronic card and bank account numbers; confidential codes; forgery<br /><br /></strong>Article  12 expands the categories of private information and punishes any  person who unlawfully accesses credit card numbers, electronic card  numbers, bank account statements and details of electronic payment  methods by imprisonment and/or a fine. It punishes the intent to use and  the use of such information to obtain funds belonging to third parties  by imprisonment of not less than six months and/or a fine not less than  AED 200,000 and not exceeding AED 1,000,000.<br /><br />Article 14 of the  New Cyber Crime Law also prohibits a person from obtaining without  permission a confidential number, code or password used to access any  electronic site without permission by providing for imprisonment and/or a  fine not less than AED 200,000 and not exceeding AED 500,000<br /><br />Article  13 further prohibits the forgery, imitation and copying of a credit  card, debit card, and any other electronic payment method and punishes  persons from using and knowingly accepting such credit cards, debit  cards, and/or other electronic payment methods with imprisonment and/or a  fine of not less than AED 500,000 and not exceeding AED 2,000,000.<br /><br /><strong>4. Electronic communication<br /><br /></strong>Protecting  the privacy and integrity of electronic communications, Article 10  prohibits the disruption of electronic communication by spamming  electronic mail. Article 15 of the New Cyber Crime Law also provides  that it is an offence for persons to intentionally and without  permission capture and/or intercept communications online. The offence  is punishable by a fine not less than AED 150,000 and not exceeding AED  500,000. Further, a person who discloses information obtained in this  manner may be punished by imprisonment for a period not exceeding one  year.<br /><br /><strong>5. Gambling activities and materials that prejudice public morals<br /><br /></strong>Article  17 of the New Cyber Crime Law now punishes anyone who produces,  transmits, publishes and exploits through an electronic site gambling  and/or pornographic material or any other material that may prejudice  public morals. Any person, who establishes, operates or supervises an  electronic site and/or transmits, sends or publishes through an  electronic site; gambling and/or pornographic materials shall be  punished by imprisonment and a fine of not less than AED 250,000 and not  exceeding AED 500,000. Further, if the subject of the pornographic  content is a juvenile not exceeding eighteen years, or if the content  was designed to tempt juveniles, the offender shall be punished by  imprisonment for a period not less than one year and a fine not less  than AED 500,000 and not exceeding AED 150,000.<br /><br />Under Article 19,  any person who incites or tempts another to commit prostitution using  an electronic site shall also be punished by imprisonment and a fine of  not less than AED 250,000 and not exceeding AED 1,000,000. The  punishment is increased for a period of not less than five year and a  fine not exceeding AED 1,000,000 if the victim is a juvenile.<br /><br /><strong>6. Defamation<br /><br /></strong>Under  Article 20, any person who insults others or has attributed to another  an incident that may make him subject to punishment or contempt by  others by using an electronic site shall be punished by imprisonment or a  fine of not less than AED 250,000 and not exceeding AED 500,000. Insult  or slander against public employees is considered an aggravating  circumstance of the crime.<br /><br /><strong>7. Contempt of religion<br /><br /></strong>Article  35 stipulates penalties of imprisonment and a fine of not less than AED  250,000 and not more than AED 1,000,000 for any person using electronic  sites to display contempt for any holy symbols, characters, figures and  rituals of Islam including the Divinity (Allah, God) and the Prophets  andfor any other faiths or religions or any of their symbols,  characters, figures and rituals.<br /><br /><strong>8. Human trafficking<br /><br /></strong>Article  23 of the New Cyber Crime Law prohibits any person from establishing,  operating or supervising an electronic site for the purpose of organ or  human trafficking and punishes the same by temporary imprisonment and a  fine of not less than AED 500,000 and not exceeding AED 1,000,000. This  is an increase from the penalty stipulated in the 2006 Cyber Crime Law,  which previously criminalized human trafficking, by temporary  detainment.<br /><br /><strong>9. Sedition, sectarianism and harming national unity<br /><br /></strong>Article  24 stipulates punishments for any person creating or running an  electronic site to publish, online or through any information technology  means, any programs or ideas which would promote disorder, hate, racism  or sectarianism and damage the national unity, social peace, public  order and pubic decency.<br /><br /><strong>10. Weapon&rsquo;s trade and terrorist activities<br /><br /></strong>Articles  25 stipulate punishment for persons who operate an electronic site for  the purpose of promoting or trading weapons, ammunitions or explosives.  Article 26 provides that it is an offence to establish, operate or  supervise an electronic site, or publish information online for a  terrorist group or any illegal group, association, organization, or  body.&nbsp;<br /><br /><strong>11. Collecting donations without a license<br /><br /></strong>Article  27 prohibits any person from creating or running an electronic site to  raise donations without obtaining a license from the competent  authority.<br /><br /><strong>12. State security<br /><br /></strong>Article 29  of the New Cyber Crime Law also stipulates penalties of imprisonment and  a fine not exceeding AED 1,000,000 for any person who may create or run  an electronic site or any information technology means, to deride or to  damage the reputation or the stature of the state or any of its  institutions, its President, the Vice President, any of the Rulers of  the emirates, their Crown Princes, the Deputy Rulers, the national flag,  the national anthem, the emblem of the state or any of its symbols.<br /><br />Article  28 prohibits any person from publishing any information, news,  caricatures or any other kind of pictures that would pose threats to the  security of the state and to its highest interests or violate its  public order.<br /><br />Article 30 punishes any person from creating or  running an electronic site for the purpose of engaging in the overthrow  of the system of government of the state or to seize it, or to seek to  disrupt or obstruct the Constitution or the effective laws of the state,  or to oppose the basic principles which constitute the foundations of  the system of government of the state.<br /><br /><strong>13. Promoting demonstrations without a license<br /><br /></strong>Article  32 of the New Cyber Crime Law stipulates punishment for persons who  operate or supervise an electronic site for the purpose of planning,  organizing, planning, promoting or calling demonstrations or protests  and the like without a license from the competent authority. Offenders  shall be punished by imprisonment or a fine of not less than AED 500,000  and not exceeding AED 1,000,000.<br /><br /><strong>14. Trade of antiquities without a right<br /><br /></strong>Article  33 stipulates penalties of imprisonment and a fine of not less than AED  500,000 and not more than AED 1,000,000 on any person using electronic  to engage in the unauthorized trade of antiquities and works of art.  Further, Article 34 stipulates penalties of imprisonment and a fine of  not less than AED 250,000 and not exceeding AED 1,000,000 on any person  using an electronic site to engage in the unauthorized use of, or  provide unauthorized facilities to others to use communication services  or audio and video channels.<br /><br /><strong>15. Communication services online<br /><br /></strong>Article  34 provides that it is an offence for any person to benefit or  unlawfully facilitate for others the use of communication services or  audio or visual transmission channels that are online. This provision  does not sanction the &ldquo;use&rdquo; of communications services or audio or  visual transmission channels that are online. In other words, the  provision sets a penalty for unlawfully accessing / obtaining  communications services on behalf of oneself or a third person online.  Article 34 imposes a fine ranging between AED 250,000 and AED 1,000,000  and/or imprisonment for a period not less than one year on any person  who benefits or unlawfully facilitates for others the use of  communication services or audio or visual transmission channels that are  online.<br /><br />The official translation from the Ministry of Justice  states that whoever uses communication services, audio or video  broadcasting channels without legal right, or facilitates such use by  others online shall be punished by imprisonment for at least one year  and/or a fine of not less than AED 250,000 and not exceeding AED  1,000,000.<br /><br /><strong>16. Narcotics and money laundering<br /><br /></strong>The  New Cyber Crime Law prohibits any person from establishing, operating  or supervising an electronic site or publishing information online for  the promotion of narcotics and psychotropic drugs. It stipulates a  penalty of temporary imprisonment and a fine of not less than AED  500,000 and not more than AED 1,000,000 which is an increase from the  penalty stipulated in the Cyber Crime Law which criminalized the same by  temporary detainment.<br /><br />Article 37 also stipulates penalties of  imprisonment and a fine of not less than AED 500,000 and not exceeding  AED 2,000,000 for any person using electronic sites to transfer or  deposit illegal funds with the intention to hide or camouflage their  source, or, for that matter, to hide or camouflage the facts about  illegal funds, their source, movement, ownership and the rights attached  to them as well as to acquire, own or use illegal funds despite  knowledge by the involved person of the illegal status of their sources.</p>