Electronic crime in Kuwaiti law
Cybercrime needs its own laws and keeps pace with its development:
Cybercrime has become the focus of everyone’s attention, as Kuwait is witnessing the spread of these crimes with its technological development, but there is a legislative vacuum in this field, especially in cases of electronic publishing, where the Kuwaiti legislation is devoid of any penalties for internet crimes, and this may be due to newness This field, which did not exceed a few years old, and what is currently applied to cybercrime, is the criminal law in general, where the courts carry out interpretation, diligence and measurement.
To talk about cybercrime, Al-Tali'a met the lawyer Muhannad Al-Sayer, who worked with a group of lawyers on a legal proposal on these crimes, in an attempt to have it approved by the National Assembly, and the following are the details of the meeting:
• What is the need to pass a cybercrime law?
The origin of crime is its development, and the principle of laws is to keep pace with the evolution of crime, and what we have witnessed in the development of electronic crime is its development and the inability of old laws to keep pace with it, so we are in dire need of special laws for this type of crime.
special law
● What are the most important rights protected by the law that you participated in working on and proposing to the National Assembly?
The rights protected by this law are many, but we can summarize them, that each crime has its own penalty in a detailed way, so that there is protection from infringing on people's rights, especially since the issue is related to their freedoms, as the previous law applied to electronic crimes exposes them to imprisonment, as well as the current special law With electronic crimes, which is followed by our keenness to protect society from any abuse, and at the same time protect society from any crime committed by its members that the accused may escape from, as there is no special law for these crimes.
● Does intellectual property need a cybercrime law to protect it? Are the current laws not enough?
Certainly, because intellectual property has also become sophisticated, and programs and issues related to electronics are used in it. Therefore, every crime that takes place in it may be related to an electronic issue, which exposes it to losing the right, because there is no law on electronic crimes in matters related to them.
● What are the gaps that the judgment of discrimination related to “Twitter” cannot cover?
We may not be able to limit the issues, but the most important of them may be the criminal intent contained in the issue of re-tweeting, because there are those who return it, intending to denounce those phrases contained in the tweet, and try to analyze them, and what is difficult to condemn within the current law, because the criminal intent must be known to the court And also the issue of broadcasting foreign news, as it is difficult to know when this tweet has broadcast foreign news or not, especially for those who have a large number of followers.
fill the gaps
● Can the cybercrime law you propose fill in these gaps?
- The issue of bridging the gaps is a relative matter, because of what we have mentioned above, that crimes are of their nature to be advanced, which must be accompanied by the development and development of laws, and we see at the present time the need for this law, and if it needs some amendments, it is a matter left To the National Assembly, however, what is certain is that this proposal submitted by the Criminal Law Committee, which we participated in drafting, although there are some gaps, is much better than the legislative vacuum in which we live.
● How does the judiciary deal with modern communication programs that are not covered by the current laws?
He deals with it through the application of the current law on penalties and criminal procedures, and the application of general rules, which is unacceptable with the development of the crime and the specificity of the punishment for the act.
● What is the solution mechanism for the dilemma of cybercrime that occurs in Kuwait from external contact points that are difficult to track?
A law must first be drawn up for it, and then those in charge of it should be given external courses, to benefit from what other countries have achieved in the matter of tracking the accused in electronic matters, especially the developed countries.
● Is cyber crime subject to local law, if it was entirely carried out outside Kuwait?
- The basic principle in the crime is that the perpetrator is punished in the country in which the crime is committed, unless the crime is related to another country which has the right to punish the perpetrator by trying him in accordance with local laws.
● What types of cyber crimes are covered by the law that you suggest?
- Crimes against money, including theft, fraud, destruction, piracy, violation of the sanctity of the property, forgery, unauthorized entry, misuse of the computer, display of bribery, and crimes against honor and reputation, including defamation, insult, indecent act and sexual crimes.
● Is the audiovisual law prolonged electronic crimes?
Among the provisions issued for the application of ordinary laws, it is lengthy, but in a non-detailed and non-exhaustive manner.
One named
● What is the difference between cyber crime and regular crime?
- It may be noted that most of the proposals presented in the draft that we submitted to the National Assembly are the same in the current law, which is noticed that most of the crimes have one name, but the method of their application differs, so the proposal is punished for every crime committed by means of the electronic system.
● Are there countries that preceded us in creating laws that address electronic issues?
Yes, there are many countries, including Gulf and Arab countries, due to their keenness on the necessity of keeping up with cyber crime and protecting society from it.
Due to the multiplicity of concepts and differences in cybercrime, definitions have varied, and perhaps the most important of them are:
All forms of unlawful behavior committed using the computer.
Crimes in which technological data, programs and information play a major role.
A criminal act that uses the computer to commit it as the main tool.
- Illegal activity directed to copying, changing, deleting or accessing the information stored inside the computer or transferred from it.
- Any crime that is required for its penetration, the perpetrator has knowledge of computer technology.
- Every act or omission that infringes upon the material or moral conditions is a direct or indirect result of the information technology intervention.
- All illegal, unethical or unauthorized behavior related to the automatic processing of data or its transmission.
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