Addressing Digital Blackmail and other Cybercrimes in Yemen

By: Mohammed Abdrabbuh Nasser – Human Rights Activist

Introduction: The significant development in modern means of communication and the continuous increase in the use of the internet have led to a considerable rise in crimes committed using this network. Cybercrimes have posed numerous challenges for those combating them because traditional penal and criminal procedure laws generally extend their protection to tangible objects. However, protection for information and other intangible assets has only recently been extended. Detecting and proving this type of crime is not easy, especially since it leaves no physical trace. There is also a lack of technical expertise among investigative bodies in handling such crimes, coupled with insufficient international cooperation in combating this crime.

Digital blackmail is a form of cybercrime that represents one of the modern scourges resulting from the tremendous development in information technology, causing concern among technology users. Despite the countless benefits of these tools, their negative effects necessitate the attention of specialists, especially in the legal field, to contain them—whether by preventing the occurrence of such crimes, working on monitoring and combating them, or rehabilitating those affected by such crimes through specialized programs.

Digital blackmail crimes are considered intelligent crimes that occur in a digital electronic environment, perpetrated by individuals with high intelligence and technical knowledge. However, individuals with limited intelligence can also commit these crimes if they gain access to data or photos of computer and smartphone users, subsequently blackmailing the victims. This can lead to significant losses for individuals in society, including children and women, especially in traditional communities like Yemen, where customs and traditions are highly valued, causing victims to prefer complete silence about what they face for fear of shame and disgrace, thereby putting their lives at risk.

Definition of Digital Blackmail Scholars have used the term "blackmail" in their writings both in the past and present, and the term's meaning has not changed significantly over time. It generally refers to obtaining money or confidential information to exploit it for financial purposes or to carry out illegal acts under the threat of revealing an embarrassing secret, whether true or false.

Definition of Blackmail in Language: The term "blackmail" is derived from the Arabic root "bazz," meaning to snatch or seize. It implies obtaining money or benefits from a person under the threat of revealing some of their secrets or otherwise. The technical meaning of blackmail includes various interpretations, such as:

• Attempting to gain material or moral advantages from an individual or a group, whether natural or legal entities, through coercion or threats to reveal a secret.
• Exploiting one's strength against another's weakness, whether this weakness is temporary or permanent secrets of the blackmailed person (the victim).
• A method of coercion and deprivation of will and freedom to inflict physical or moral harm on victims using means employed by the perpetrator to achieve their moral or material crimes, or both.

From these definitions, we can observe that digital blackmail involves a threat with different content and various purposes. The content of the threat and its purpose may be specific, leading to a narrow concept of blackmail.

In this narrow concept, blackmail occurs only if the threat takes a specific form, such as violence or disclosure of matters that affect honor or reputation, targeting a specific purpose, such as obtaining money, bonds, signatures, or committing or refraining from an action. Consequently, blackmail occurs with the specification of the subject, the purpose, or both.

Alternatively, the content of the threat and its purpose may not be linked to a specific objective, resulting in a broader definition of blackmail. In this broader context, blackmail can be defined as "an attempt to obtain something from a person through threats, gestures, accusations, violence, or intimidation to obtain anything of value." Here, the term "something of value" includes not only money and property but also moral matters.

Conclusion from the Above, we can define Digital Blackmail as a method of pressure and coercion used by the perpetrator against the victim to achieve their criminal objectives, or else they will publish the information they possess publicly. Thus, the victim finds themselves compelled to comply with the perpetrator's threats, losing their will and freedom to avoid defamation and scandal.

Characteristics of How Digital Blackmail is Committed 

1. The Seriousness of Digital Blackmail: The seriousness of digital blackmail increases day by day as it affects a person’s reputation, thoughts, private life, and finances. It also impacts institutions’ economies and reputations, not to mention its risks to countries from security, political, and economic perspectives.
2. The Necessity of Using a computer to Commit the Crime: Digital blackmail is a crime that occurs via computers or any device that performs similar functions and has the same characteristics and uses. Nowadays, this includes many mobile phones that are equipped with electronic and informational services, allowing users to enjoy the same benefits available on a computer.
3. Digital Blackmail is a Cross-Border Crime: One of the most distinguishing features of digital blackmail is that it is a cross-border crime, transcending national boundaries. Thus, it takes on the characteristic of an international crime, as the information technology "electronic" community does not recognize or adhere to geographical borders. It is an open community across time and space, without being subject to the traditional aspects of international surveillance ("border guards").
4. Digital Blackmail is a Quiet and Difficult-to-Detect Crime: Digital blackmail can be described as a "quiet" or "soft" crime because it does not require violence, weapons, or clashes with security personnel. Instead, it involves numbers and data that change or are deleted from records stored in the memory of computers and smartphones, making it challenging to detect.
5. Difficulty in Proving Digital Blackmail: The characteristics mentioned above, such as its international nature, difficulty in detection, and quiet nature, make digital blackmail challenging to prove. This difficulty is due to several reasons: it is a crime that leaves no tangible physical trace, is often committed by professional criminals, and there is a lack of expertise among judicial and legal authorities.
6. Difficulty in Reporting Digital Blackmail: Digital blackmail is considered a serious crime that is difficult to report in Yemeni society, especially by women and children, due to fear of stigma, shame, and the existing social context that venerates customs and traditions.

Effects and Risks of Digital Blackmail

Digital blackmail leads to an increase in material and economic losses, particularly concerning companies. This impacts stocks, financial gains, and the infrastructure of financial and economic institutions. It also causes a clear breach in community security and a lack of trust among individuals, potentially leading to a collapse of values and ethics within society. Additionally, blackmail causes changes in the daily lifestyle patterns of individuals and raises concerns about using technology. There are also psychological and health impacts on the victim, such as fear and anxiety, which often lead to suicide.

On November 2, 2022, humanitarian activist Sara Alwan shot herself in a suicide attempt after being subjected to blackmail and threats to publish her photos for eight months. Despite the disclosure of the blackmailer’s identity and the presentation of all evidence against him, the security authorities did not respond to the case, according to activists. As reported by activist Ramez Al-Muqattari, one of the blackmailer’s relatives stole a flash drive containing the victim’s photos and handed it over to the person who started blackmailing her.

Less than two weeks after the incident involving activist Sara Alwan, a girl in one of the districts of Taiz Governorate committed suicide by hanging after being subjected to digital blackmail.

On November 14, Al-Shari newspaper reported that the girl was blackmailed by a young man named "A.G." after her friend lost her phone memory card in the village.

Digital Blackmail in International Conventions 

1. Resolution Adopted at the Eighth United Nations Congress on the Prevention of Crime, Havana 1990, Regarding Computer-Related Crimes: This resolution is one of the efforts made by the United Nations. The conference, held in Havana in 1990, encouraged member states to intensify efforts to combat the misuse of computers by criminalizing such acts. The resolution also urged member states to increase international activities to combat computer-related crimes, including becoming parties to treaties related to extraditing criminals and exchanging assistance in matters related to such crimes.
2. Decisions and Recommendations of the Fifteenth Conference of the International Association of Penal Law on Computer Crimes, Brazil 1994: The conference’s decisions specify criminalized acts related to computers and information, such as fraud, deception, destruction, and erasure of data. It also addresses what is known as "informational forgery," which includes destroying or erasing programs and data, disrupting computer functions, communication systems (networks), or unauthorized access through security breaches.
3. The Budapest Convention on Cybercrime, 2001: Acknowledging the seriousness of cybercrime as a transnational crime, thirty countries signed this convention in Budapest. It addresses the international dimension of cybercrime and its transgression of national borders, aiding countries in combating this crime, tracing perpetrators, and facilitating their apprehension. The convention outlines the best methods for investigating internet crimes, and the signatory countries commit to close cooperation to combat them. It also details the substantive criminal texts concerning the crime and its types, covering various aspects of internet crimes.

Digital Blackmail in Yemeni National Legislation

To date, Yemen has not enacted any law regulating cybercrimes, including digital blackmail, due to several factors, primarily the legislative vacuum caused by the ongoing war and the suspension of parliamentary sessions. Consequently, laws such as the Information Technology Law have not been approved. As a result, offenders in these crimes are punished by analogy with similar crimes under Yemeni Law No. 12 of 1994 regarding crimes and penalties, which contains provisions that criminalize blackmail, including Articles (256, 257), which criminalize violations of privacy and threats to disclose private secrets. The punishment for blackmail is specified in Article (313) of the same law.

Article (256) states: "Anyone who unlawfully intrudes on the privacy of life by committing any of the following acts without legal permission or the consent of the victim shall be punished by imprisonment for not more than one year or by a fine:

• Eavesdropping, recording, or transmitting conversations that took place in a private place or over the phone using any device.
• Capturing or transmitting a person's image in a private place using any device.

If the actions mentioned in the previous paragraphs occur during a meeting, within hearing or sight of those present, their consent shall be assumed. A public official who commits any of the acts mentioned in this article by abusing their authority shall be punished by imprisonment for not more than three years or by a fine. In all cases, the devices and other items used in the crime shall be confiscated, and the resulting recordings shall be destroyed or erased."

Article (257) of the Penal Code states: "Anyone who broadcasts, facilitates broadcasting, or uses— even privately—a recording or document obtained through the methods mentioned in the previous article, without the consent of the concerned party, shall be punished by imprisonment for not more than two years or by a fine. A public official who commits any of the acts mentioned in this article by abusing their authority shall be punished by imprisonment for not more than five years."

Regarding the crime of blackmail, Article (313) states: "Anyone who deliberately instills fear in a person of harm to them or anyone else they care about, and thereby maliciously compels them to deliver any money, legal document, or anything bearing a signature or stamp that could be converted into a legal document, shall be punished by imprisonment for not more than five years or by a fine."

Recommendations

• Resume Parliamentary Sessions to Pass Legislation on Cybercrime: There is a need for the Yemeni parliament to reconvene and issue a law on combating cybercrimes, including digital blackmail, to provide legal protection for victims and punish perpetrators of these crimes, which violate the rights of both natural and legal persons.
• Establish Specialized Prosecution Offices and Courts: Enhance the technological capabilities of security agencies to help combat and reduce cybercrimes.
• Increase Public Awareness: Use all forms of media—print, audio, and visual—to educate people on how to use electronic means securely, protect their information and data, and the best practices to combat cybercrimes and digital blackmail.
• Create Accessible Complaint Platforms: Make complaint platforms available to all citizens to report and document cases if they are subjected to any form of cybercrime.
• Conduct Awareness Seminars and Lectures: Target parents, tribal leaders, and religious figures to educate them about the dangers of cybercrimes and how to combat them.
• Encourage Yemeni Universities to Research Cybercrimes: Introduce a course on cybercrimes as part of the curriculum.
• Study Various International Agreements on Combating Cybercrimes: Examine the possibility of joining these agreements to benefit from the facilities they provide in combating such crimes domestically and internationally.

Conclusion

Addressing Digital Blackmail and other cybercrimes in Yemen requires a comprehensive approach that includes legislative reforms, increased public awareness, enhanced law enforcement capabilities, and international cooperation. Establishing a strong legal framework and effective enforcement mechanisms is crucial to protect the rights of individuals and organizations and to prevent the spread of digital blackmail and other related crimes in Yemeni society.