This Is Just An Example Of What A Policy Analysis Paper Is Revision ✓ Solved

-This is just an example of what a policy analysis paper is. - Revision: The paper that I received did not really answer the question, the instructions said to write a policy paper FOR the UAE, when you mentioned The Definition of a Refugee, Grounds for Asylum, Integration of Refugee Population and Refugee Policy Measures, their actually supposed to be connected to how the UAE would take in a refugee or what would be the grounds for asylum rather than just a definition. -Below you can see how they connect the concepts with UAE laws and so on. Thank you Cybercrime Policy Analysis - Tackling Cybercrime in the U.A.E. Preface Crime in the United Arab Emirates has never been at the forefront, as local civil defense forces resiliently prove their capability of handling both minor and major crime cases, such as Abu Dhabi police’s capture of a veiled assailant which had been identified and restrained in under 48 hours, following the dismantling of an explosive device (Saif bin Zayed: The “Al Reem Ghost†in Police Custody, 2014).

The eerie law of cybercrime is what continues to perplex the general public, with crimes related to privacy invasion, leakage of sensitive personal information, such as credit card and banking details, as well as online slandering. The UAE has been the first country in the entire Middle East and North Africa region to pass laws related to cybercrime and cyber terrorism in 2006 (Kshetri, The Global Cybercrime Industry: Economic, Institutional and Strategic Perspectives, 2010). Statistical data gathered from Norton’s UAE Cybercrime report of 2011 suggest that 76% of Internet users in the UAE had been subject to cybercrimes, costing the country an estimate of almost 2.3 billion dirhams. This is particularly alarming, considering telecommunication companies, as well as banks, have begun promoting the use of e-services for financial payments (Kshetri, Cybercrime and Cybersecurity in the Global South, 2013).

Software piracy also hinders job creation and revenues, citing 566 million dollars and the 841 jobs if piracy rates were to be reduced by 10% over the course of four years, starting from 2010 (Leslie, 2014). Understanding Cybercrime Law in the UAE Following the controversial detainment of an innocent bystander, holding incriminating pieces of evidence related to a physical assault and spread all across social media, Article 21 states a punishment of a minimum of 6 months’ jail time, alongside a fine between 150,000 – 500,000 dirhams for “Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct†(Federal Decree-Law no. (5) of 2012 On Combating Cybercrimes, 2012).

In this related incident, an Emirati man was charged with crimes of violating cybercrime law by publicly uploading a video of an assault taking place on social media. Had charges been actually pressed, the innocent bystander would have been charged with twice the amount in fines, that being 20,000 dirhams, and a twice as long prison sentence of two years, compared to the individual that engaged in physical assault (UAE arrests man for sharing road attack video, 2013). While the law was indeed violated, there was no criminal intent on his part. This raises concerns of harsh, unjust punishments for minor offences that could be treated as serious felonies, which can result in negative public relations, as the UAE, particularly Dubai, strives off tourism.

Correcting the Problem In order to avoid future pitfalls, the government, specifically the Ministry of Justice, should revise its policy of cybercrime law in the UAE to ensure that no cases of misdemeanors or violators of Article 21, without criminal intent, be subject to prosecution or fines exceeding the amount charged, or sentenced, be equivalent to a criminal treated with assault or other serious felonies. The same recommendation would apply to those publicly uploading images that include photographs of strangers without their explicit permission. As detailed by the Council of Europe Convention on Cybercrime, the UAE doesn’t quite follow procedure, as it is lacking in identifying criminal intent when compared to Australia, UK, and the USA (Vielhauer, 2011).

By including criminal intent as part of the screening process, the revised policy would assist in reasonably treating citizens involved in simple cases of misdemeanor, rather than an actual, serious cases of felonies. Citizens would be more mindful and less likely to be deported for such offenses, as the state aims to correct tarnished public relations. Article 42 states: “The court may decide deportation of a foreigner who is condemned in any of the crimes specified in this Decree Law upon execution of the punishment adjudged.†(Federal Decree-Law no. (5) of 2012 On Combating Cybercrimes, 2012). Similarly, the Telecommunications Regulatory Authority (TRA) should focus on censoring specific content on websites that violate cybercrime law, rather than blocking the entire network domain of social media networks, for instance, which would render them inaccessible (Deibert, 2010).

Policy Implementation The Ministry of Justice was tasked with implementing the cybercrime policy in the UAE. Two new laws were issued in 2012, specifically Law No. 5 that is addressed as the Cyber Crimes law, and Law No. 3 that was established under the National Electronic Security Agency for the protection of state communication. (The Report: Abu Dhabi, 2014). As a result, a great deal of emphasis was put on the criminalization of public defamation of the country, as well as its citizens, alongside public slandering of individuals, as described under Articles 20 and 21 of the cybercrime law.

The events of the Arab Spring were likely to be of great influence, as protests sparked in Tunisia, Egypt, Libya and Syria, followed by demonstrations, revolutions and plots to overthrow the government, which were mainly conducted online on social media networks (Saba Bebawi, 2014). Hence, in an effort to combat similar scenarios, the government established the 2012 cybercrime law, effectively criminalizing any individual found in violation of the law, in order to combat terrorism and subdue forms of criticism about the government that may incite uprisings, hatred or violence. Conclusion In essence, the current state of cybercrime law does not necessarily match the output or capacity of other developed nations, such as the USA, UK and Australia with their policy of cybercrime.

Failing to identify criminal intent as part of the screening process can result in unwarranted fines, jail sentences and deportations for common misdemeanor on behalf of public ignorance, rather than committing a serious felony with criminal intent. It is therefore imperative that the Ministry of Justice, in conjunction with the TRA, revise the current state of the Cybercrime law by factoring in criminal intention, which will assist law enforcement in identifying legitimate violators and issue just punishments, rather than criminalize innocent bystanders for being unaware of the laws unforgiving nature. References Deibert, R. (2010). Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace.

MIT Press. Federal Decree-Law no. (5) of 2012 On Combating Cybercrimes. (2012, August 13). Retrieved from United Arab Emirates Ministry of Justice: Kshetri, N. (2010). The Global Cybercrime Industry: Economic, Institutional and Strategic Perspectives. Springer Science & Business Media.

Kshetri, N. (2013). Cybercrime and Cybersecurity in the Global South. Palgrave Macmillan. Leslie, D. A. (2014).

Legal Principles for Combatting Cyberlaundering. Springer. Saba Bebawi, D. B. (2014). Social Media and the Politics of Reportage: The 'Arab Spring'. (D.

B. Saba Bebawi, Ed.) Palgrave Macmillan. Saif bin Zayed: The “Al Reem Ghost†in Police Custody. (2014, December 4). Retrieved from Abu Dhabi Police GHQ: The Report: Abu Dhabi. (2014). Oxford Business Group.

UAE arrests man for sharing road attack video. (2013, 18 July). Retrieved from BBC News: Vielhauer, C. (Ed.). (2011). Digital Forensics and Cyber Crime: Second International ICST Conference. Springer Science & Business Media.

Paper for above instructions

Introduction

In recent years, the United Arab Emirates (UAE) has witnessed rapid economic growth and technological advancement, making it a hotspot for digital commerce and exchange (Kshetri, 2013). However, this digital evolution has been accompanied by an alarming rise in cybercrime. With an economy increasingly reliant on technology, the UAE must address the vulnerabilities that cybercriminals exploit. This paper analyzes the current cybercrime policy in the UAE, assesses its effectiveness, and proposes necessary revisions to better protect its citizens and boost public confidence in online safety.

Understanding Cybercrime Law in the UAE

The UAE's legal framework addressing cybercrime was first established with the enactment of Law No. 5 of 2012, aimed at combating various forms of cybercrime, including unauthorized access to computers and networks, phishing, and the dissemination of malicious software (Federal Decree-Law no. (5) of 2012). While this law marked an important step towards safeguarding digital spaces, its execution has often been criticized as being overly harsh and lacking clarity regarding the definition of criminal intent (Bebawi, 2014).
For example, Article 21 punishes individuals for publishing information online, regardless of its truthfulness or potential harm. This law has resulted in severe penalties for actions that may lack malicious intent, raising concerns about misapplications leading to unjust consequences for innocent bystanders (Vielhauer, 2011). An incident where an unsuspecting individual facing charges for sharing a video of an assault exemplifies the legal system's rigid approach (UAE arrests man for sharing road attack video, 2013). This case illustrates the difficulties encountered when laws fail to consider the nuances of intent and circumstance.

The Current Cybercrime Landscape

The statistics surrounding cybercrime in the UAE are troubling. According to a report by Norton in 2011, 76% of Internet users in the UAE reported being victims of cybercrime (Kshetri, 2010). The economic losses attributed to cybercrime were estimated at around 2.3 billion dirhams. This figure highlights the need for effective measures to combat cyber threats as reliance on e-services proliferates.
Moreover, cybercrimes extend beyond petty offenses. Instances of financial data breaches, identity theft, and various forms of online harassment pose risks to both individuals and corporations (Deibert, 2010). These threats not only affect businesses financially but also tarnish the UAE's image as a safe destination for international investment and tourism.

Correcting the Challenges in Cybercrime Policy

Addressing the Impact of Criminal Intent

To rectify these issues, the UAE needs to give significant consideration to criminal intent within its cybercrime laws. Crucially, integrating intent into the policy would help differentiate between malicious actors and innocent individuals unintentionally violating the law (Kshetri, 2013). This approach could significantly reduce cases where individuals are criminalized for benign actions and mitigate public fear surrounding the law.
Revisions should include clearer guidelines on what constitutes criminal intent, potentially aligning UAE practices with those of countries like Australia, the USA, and the UK, which have demonstrated more nuanced approaches to defining cyber offenses and clarifying intent (Vielhauer, 2011).

Ensuring Proportionality in Penalties

The current framework imposes draconian penalties that often seem disproportionate for offenses lacking harmful intent. Thus, reforming the penalty structure is imperative. Alternatives such as warnings, fines proportional to the severity and context of the offense, and community service options can allow benign violations to be addressed without unnecessarily harsh penalties (Leslie, 2014).
For instance, the Ministry of Justice could implement an educational approach for first-time offenders regarding the legalities of sharing online content, as opposed to immediate criminal charges (Kshetri, 2013). Educating the public about digital responsibility could foster a culture of compliance with cyber laws, while also relieving the judicial system from trivial cases.

Policy Implementation and Stakeholder Involvement

Successful implementation of revised laws will depend on collaboration among various stakeholders, including the government, law enforcement agencies, and educational institutions. The Ministry of Justice should take the lead in developing new regulations while soliciting public input to ensure the laws are reflective of societal values and needs. Furthermore, increasing awareness about cyber laws and responsible online behavior through public campaigns could significantly decrease the rates of non-malicious breaches (Bebawi, 2014).

Reducing Information Asymmetry

The UAE's Telecommunications Regulatory Authority (TRA) can also play a vital role in preventing cybercrimes by providing clearer guidelines for online platforms, ensuring transparency about what constitutes lawful and unlawful content sharing (Deibert, 2010). By actively engaging with technology providers and social media platforms operating in the UAE, the TRA can help develop better content moderation practices while avoiding blanket bans that disproportionately affect freedom of speech.

Conclusion

In summary, the current cybercrime policy in the UAE requires a significant overhaul to gain public trust and ensure a safe online environment. By incorporating elements of criminal intent into the legal framework, revising penalty structures, and promoting education concerning cyber laws, the UAE can mitigate the risk of cybercrimes while fostering societal compliance. With the consistent growth of technology, protecting citizens and businesses online has never been more vital for maintaining the UAE's reputation as a dynamic business hub.

References

1. Bebawi, D. B. S. (2014). Social Media and the Politics of Reportage: The 'Arab Spring'. Palgrave Macmillan.
2. Deibert, R. (2010). Access Controlled: The Shaping of Power, Rights, and Rule in Cyberspace. MIT Press.
3. Federal Decree-Law no. (5) of 2012 On Combating Cybercrimes. (2012, August 13). Retrieved from United Arab Emirates Ministry of Justice.
4. Kshetri, N. (2010). The Global Cybercrime Industry: Economic, Institutional and Strategic Perspectives. Springer Science & Business Media.
5. Kshetri, N. (2013). Cybercrime and Cybersecurity in the Global South. Palgrave Macmillan.
6. Leslie, D. A. (2014). Legal Principles for Combatting Cyberlaundering. Springer.
7. UAE arrests man for sharing road attack video. (2013, July 18). Retrieved from BBC News.
8. Vielhauer, C. (Ed.). (2011). Digital Forensics and Cyber Crime: Second International ICST Conference. Springer Science & Business Media.
9. Saba Bebawi, D. B. (2014). Social Media and the Politics of Reportage: The 'Arab Spring'. Palgrave Macmillan.
10. Saif bin Zayed: The “Al Reem Ghost” in Police Custody. (2014, December 4). Retrieved from Abu Dhabi Police GHQ.