Cyber hacking: building a harmonised criminal legal framework for addressing cyber hacking in the Arab convention on combating information technology offences: a comparative study between Jordanian & Saudi cyber laws

Cybercrime threats have a significant effect on all levels of life, targeting individuals, governments, organisations and societies through security breaches using tech-tools and smart techniques. Cyber hacking is one of the most sophisticated and serious types of cybercrime. Cyber hacking is unauthorised access to computer systems and networks, with an offender’s knowledge that his behaviour is unauthorised, whether such behaviour is mere access, an attempt to commit an offence or commission of a further offence.

This thesis addresses the legislative deficiencies in penalising cyber hacking in both Saudi Arabia and Jordan. It also seeks to define norms for penalising simple and aggravated cyber hacking that the author recommends should be adopted by the Arab Convention on Combating Information Technology Offences (2010) and which the author also recommends be adopted by all Arab countries. It suggests norms from the Budapest Convention and from selected jurisdictions such as the US, UK, France and Germany to inform how the Arab legal body can keep pace with the international body in building a coherent strategy on preventing, preparing for, responding to and recovering from cyber hacking.

This thesis looks at these selected jurisdictions not for comparative analyses, but for comparing legal norms. The thesis aims to show how harmonisation can be achieved rather than unification. To make the criminal systems similar in confronting cyber hacking, this thesis suggests that legal amendments should be made to the Arab Convention in terms of: (1) elements of the offence actus reus, mens rea and penalties; and (2) principles of searching and seizing digital evidence. It also suggests special standards for regional cooperation among Arab countries in exchanging digital evidence, solving problems of conflicting of laws on cyber hacking and the possibility of extradition.