Contemporary societies are moving towards a new stage of social and economic growth, accompanied by emerging behavioral patterns supported by cyber information and data transmitted through space. It is certain that the world is heading towards more dangerous times than we witness today, thanks to the development of the Global High Technology Environment in which modern humans live.

The computer, as the core of this environment, is no longer limited to pure scientific and computational fields; rather, computers and their modern technologies have become essential elements in all transactions and activities that humans engage in.

Definition: Cyber Crimes

"Malicious acts committed to cause illegitimate gain or material, moral, or literary harm to any person using computer technology, terrestrial or satellite communications networks, or any of their means, including unauthorized access to computer networks, devices, or equipment operating with computer technologies and electronic communications owned by others." The types of cybercrimes vary with the diversity of areas in which computers, information technology, and communications are used. These areas are difficult to define at present, let alone the near future, where it is certain that cyber information and communication technology will govern all transactions and daily activities.

Information and communication technologies and computer devices are expected to develop at an immeasurable speed. It is not surprising that the types of cybercrimes associated with this technological revolution spread and multiply at the same speed and in various directions.

This requires understanding the patterns of these crimes, their dimensions, and directions. There is no doubt that agreeing on the concepts of cybercrime, developing substantive and procedural laws related to it, enhancing detection and investigation capabilities, and developing policies to address offenders is the scientific approach to confronting these emerging phenomena and keeping up with their changes.

There are many and evolving challenges facing those combating cybercrimes in terms of detection, investigation, collecting necessary evidence to prove them, and how to initiate criminal proceedings against them before courts and treating offenders for several reasons, including:

1.    The ignorance of cybercrime victims, including institutions, bodies, and individuals, about the nature of the crime committed against them, and their inability to detect the damage and its extent in a timely manner. This is due to the technical and technological operations used in the crime.

2.    The intelligence and scientific capabilities of cybercriminals.

3.    Lack of digital forensic labs, artificial evidence programs, and computer forensic experts.

4.    The backwardness of criminal investigation agencies in the field of computer science and advanced technologies.

5.    Cybercrimes occurring with less effort, reducing the chances of detection, despite causing significant losses.

6.    The wide-ranging and geographically or politically undefined nature of cybercrime (cybercrime is borderless).

7.    Weak international and regional partnerships in dealing with cybercrimes.

8.    The transition of cybercrime mechanisms to the realm of traditional crimes.

9.    The diversity of cybercrime patterns to the extent that legal texts are unable to keep up with them.

For example, in what is now known as cyberterrorism, we can observe many types of crimes resulting from the exploitation of organized crime in cyber technologies and the internet, including:

1.    Hacking into air traffic control systems and issuing orders that could cause aviation disasters.

2.    Using forged credit cards to finance terrorist operations.

3.    Hacking into banking systems and transferring funds.

4.    Counterfeiting currencies.

5.    Using mobile phones for encrypted internet access.

6.    Sending viruses that disrupt government information systems.

7.    Accessing hospital systems.

8.    Hacking into state systems and issuing orders to issue checks or fund individuals, harming the national economy.

9.    Damaging government tax systems.

10.    Seizing or disabling communication systems.

11.    Seizing satellite communications and spreading misleading information.

12.    Political cyberattacks.

Digital evidence and cybercrimes:

Police and judicial authorities are in constant need of understanding the new language to distinguish between the different roles that computers can play in the field of information crimes. Knowing the precise language is essential for developing a deeper understanding of how computers contribute to crime.

As computer-related crimes spread rapidly, the need for police and judicial officials to understand how to distinguish between the types of cybercrimes that are branching out and becoming more complex every day increases.

Precise language alone helps legal professionals delve into investigative strategies and gather digital criminal evidence. For example, the investigation method for an unauthorized computer entry crime differs significantly from the investigation method for a murder with digital evidence stored on a computer or transmitted through an information network. The role that computers play in crime determines how they are used as evidence.

Cybercrime Victims: A Widespread and Unbounded Sector

Victims of cybercrime encompass a wide range of urban communities, including children, women, social and economic institutions, infrastructure, and traditional values and customs. Cybercrime victims form an unlimited personal and regional sector, often unaware of the material or moral harm they have suffered.

Many victims do not understand the nature of criminal cyber activity due to technical complexities or a lack of knowledge about modern science and information technology. A small withdrawal from a victim's account each month may seem insignificant to an individual, but repeated withdrawals from numerous bank customers over years can cause significant economic damage.

These characteristics make cybercrime victims a burden on the criminal justice system and efforts to prevent such crimes. Victims may not contribute to the detection or investigation of these crimes and may not be suitable for testifying in court to provide evidence to achieve criminal justice. Moreover, they may unknowingly assist perpetrators in hiding the traces of the crime and destroying digital evidence.

(1) There is a general conviction that cybercrime risks are increasing, and they are not limited to computer and internet crimes. Instead, cybercrime has extended to become an element or tool in various traditional and emerging crime patterns. In addition to causing significant financial losses to public and private institutions, cybercrimes have severely impacted conservative societies.

One of the requirements for addressing this phenomenon is equipping the criminal justice system with the scientific, technical, and legal knowledge related to this type of crime.

(2) As cybercrime patterns increase, investigators, police, and judiciary increasingly rely on computer and internet experts to help unravel the mystery of information and the growing prevalence of digital criminal evidence.

Over time, digital criminal evidence will become an integral part or element of various crime types, and computer and internet experts will no longer be able to provide assistance to the criminal justice system. This calls for preparing police, prosecutors, and the judiciary to handle digital criminal evidence, which is indispensable, by developing digital investigation principles and skills.

(3) Digital criminal evidence resulting from digital investigations is among the most abundant and stable types of physical evidence.

Stored in various digital devices or transmitted via communication networks, it represents a wealth of criminal justice when used effectively.

(4) Digital criminal evidence is admissible in civil and Sharia courts due to its scientifically qualified basis, which has earned trust and credibility.

The digital theory is based on information technology, which has imposed itself on humans with tangible achievements, provided that it meets international standards regulating it.

(5) Handling digital criminal evidence requires a thorough understanding of its origins, theories, and information technology. It also requires new principles of evidence and legislation regulating the collection and securing of this type of evidence, to the extent that it does not conflict with constitutional rights and the confidentiality of individual transactions.

(6) Modern forensic laboratories are moving towards using digital technology to deal with well-known physical evidence such as fingerprints, biological traces, and others. Therefore, it is essential to focus on developing the use of digital criminal evidence as a future tool for analyzing physical evidence and uncovering cybercrimes.

Secondly: Recommendations

• Establish Artificial Intelligence Laboratories and generalize their use for dealing with digital evidence.

• Make digital evidence culture a part of the training and development of law enforcement personnel, especially the police and judiciary. 

• Strengthen legislation regulating the handling of digital forensic evidence.

• Achieve cooperation and coordination between criminal justice agencies and information technology and communication companies.

• Raise public awareness of the role of digital investigations and digital forensic evidence in achieving criminal justice.

• Train prosecutors in the field of digital evidence. 

• Equip judges to understand all matters related to digital evidence and how to deal with them in courtrooms.

• Enable police officers to gain knowledge related to digital evidence.

• Train patrol and detective members to handle digital evidence at crime scenes.

• Give priority to building the capacities of digital evidence analysts and computer forensics experts and their accessories.

• Develop and design model programs for training and capacity building of digital evidence analysts.

• Focus on providing training equipment and computer forensics technology and keeping up with its developments.

• Follow up on the development of the Arab Emirates' guiding law adopted by the League of Arab States.