Etisalat
The
corporation called Etisalat is government-owned and operates
as a telecommunications service provider in the UAE. Law No.
1 of 1991 (The Etisalat Law) established the corporation on
24 March 1991, which grants Etisalat independent authority,
and also provides Etisalat with the exclusivity for telecommunications
and electronic equipment and work. The law prohibits competition
with Etisalat and provides terms of services for telephones,
Internet or otherwise, and also prohibits the import, installation
and use of any equipment without Etisalat's approval. Accordingly,
it would be rather difficult to import any equipment to be
used in telecommunication and Internet services or to provide
a satellite or land line service without the approval of Etisalat.
Therefore it is not possible to sell, install, import or provide
services to the public unless Etisalat's approval is first
obtained. Considering the Etisalat Law is a federal law which
supercedes any local laws, under the UAE constitution it appears
very important that in order for any e-commerce or e-business
in general to be successful in the UAE, and to avoid violation
of the law, Etisalat's approval must be obtained. The Etisalat
law provides a fine of Dhs.10,000/- or imprisonment of up
to six months in case of violation.
The
UAE Penal Code also provides, under Article No. 380, a punishment
for anyone who misuses Etisalat's telecommunication cables
or lines or services or steals some of their services and
competes with them in the services that they provide to
the public. However, this general article intends to protect
Etisalat's services from being installed by the public or
other traders. It is yet to be seen whether these articles
can also apply to other entities who will provide services
independently from Etisalat. Most likely Etisalat intends
to stretch this article to apply to those who would provide
competition to their services without their license.
In
2000, the Dubai Prosecution charged a young Briton expatriate
of 'hacking' or misusing the Internet service for illegal
purposes under Article 46 (b) of the Etisalat Law. He has
also been charged under Article No. 380 of the Penal Code.
The prosecution based its accusations on a Dubai Police
Criminal Laboratory report, and the alleged hacker's confession.
The prosecution claims that on June 21, 2000 the accused
misused the Internet service to decipher the passwords of
a number of Etisalat's managers through which he was able
to enter sites forbidden to network users. Once inside the
network, he is alleged to have opened and copied some employee's
emails. He is alleged to have entered Etisalat's network
more than once. The alleged hacker's home was raided and
his laptop was confiscated. He allegedly confessed to police
and explained to Etisalat engineers how he entered the system,
and revealed what programs he had used. According to statements
published in the local press, he used hacking tools which
are easily downloaded from the Internet to break into Etisalat's
system. The crime of penetrating into Etisalat's network,
according to the Etisalat Law, carries a penalty of six
months in prison and a Dhs10,000 fine.
In
December 2001, the Dubai Court of Cassation upheld an Appeal
Court ruling issued against the 22-year old Briton, confirming
an AED10,000 fine imposed on him by the Court. The Dubai
Appeal Court in the first week of October 2001 adjusted
a lower court ruling issued against the Briton, finding
him guilty on both charges of opening private emails of
Etisalat employees and misusing Etisalat services through
unauthorized penetration of its Internet system. The Dubai
Misdemeanors Court had originally found the Briton not guilty
on the charge of opening private emails of Etisalat employees
and fined him AED10,000 on the second charge of misusing
Etisalat services through unauthorized access. The Appeal
Court, however, while upholding the AED10,000 fine, convicted
him on both the first and the second charge.
In
another precedent-setting case for the UAE, an IT company
owner and a member of his staff in Dubai were jailed for
three months for receiving international telephone calls
through the Internet and forwarding them to people in the
UAE as local calls. In 2001, the Dubai Court of First Instance
ruled that the company had illegally bypassed Etisalat's
systems and deprived it of its share of revenues from calls
from the United States. Along with the jail terms, the two
were also ordered to pay fines to Etisalat amounting to
Dhs10,000 as temporary compensation and Dhs1,000 in legal
fees. Etisalat's lawyer issued a statement that the court
sentence is just and sends a warning to anyone who may think
of conspiring against the country's economy and the welfare
of its institutions. The company had been using 15 telephone
lines and a single line of 128 KB capacity connected to
the Internet to enable the transfer of calls from the U.S.
to people in the UAE. The convicted trader admitted that
he obtained a commercial license at the request of a U.S.-based
company, and rented the flat and telephone lines for the
company. The American company supplied the local company
with integrated network equipment which enabled the transfer
of sounds into a digital signal and vice versa, and a hub
and router to enable the receipt and transfer of calls via
the Internet. A subscriber in the U.S. would contact the
American company and that company would then route the call
through the Internet to the local company. The local company
would then transfer the call to Etisalat's network with
calls charged to the company at local rates.
Whether
or not Etisalat should retain its exclusivity is an ongoing
debate between those in favor and those against opening
up the telecom sector to competition. With respect to the
demand for communication technology products and services,
the UAE population is among the most demanding in the region.