CYBER LAWS IN PAKISTAN

Submitted To:
Miss Muddasira Aziz

Submitted By:
Awais Qayyum Waqas Ali Arsalan Shahzad Zubair Ghulam Muhammad 2132119 2132062 2132120 2132067

Programme:
Summer MBA (1.5) Evening

National Collage of Business Administration & Economics

ZUBAIR

Plan to be discussed:
Cyber Crime Cyber Laws Cyber Laws inside Pakistan Electronic Transaction Ordinance 2002 Electronic Crimes Bill 2007 Criticism

Cyber Crime:
An Activity in which computers or networks are used a tool, a target, or a place of criminal activity. Cyber-crime can also be stated as any use of a computer as an instrument to further illegal ends, such as committing fraud, stealing identities, violating privacy etc. Examples: E-mail account of a Federal Minister is hacked. Credit cards frauds reach to an alarming level. Visiting CEOs of Multinational Companies gets threatening E-mails.

Cyber Laws:
The legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. Cyber laws are an attempt to apply laws designed for the physical world to human activity on the Internet.

Cyber Laws implemented in some countries of the world are

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 Electronic Commerce Act (Ireland) Electronic Transactions Act (UK, USA, Australia, New Zealand, Singapore) Electronic Transactions Ordinance (Hong Kong) Information Technology Act (India) Information Communication Technology Act Draft (Bangladesh)

Awais Cyber Laws inside Pakistan:

There are different cyber laws promulgated in Pakistan. These laws not only deal with crime of Internet but deal with all dimensions related to computer & networks. Two of them are most known which are Electronic Transaction Ordinance 2002 Electronic / Cyber Crime Bill 2007

Electronic Transaction Ordinance 2002:

The Electronic Transactions Ordinance (ETO), 2002, was the first ITrelevant legislation created by national law makers and considered as a first step and solid foundation for legal sanctity and protection for Pakistani e-Commerce locally and globally. It laid the foundation for comprehensive Legal Infrastructure. It is heavily taken from foreign law related to cyber-crime.

Important Sections are:

36. Violation of privacy information
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gains or attempts to gain access to any information system with or without intent to acquire the information Gain Knowledge Imprisonment 7 years Fine Rs. 1 million

37. Damage to information system

Alter, modify, delete, remove, generate, transmit or store information to impair the operation of, or prevent or hinder access to, information knowingly not authorized Imprisonment 7 years Fine Rs. 1 million

38. Offences to be non-bail able, compoundable and cognizable

All offences under this Ordinance shall be non-bail able, compoundable and cognizable.

39. Prosecution and trial of offences

No Court inferior to the Court of Sessions shall try any offence under this Ordinance.

Waqas Electronic/Cyber Crime Bill 2007:

It was promulgated by the President of Pakistan on the 31st December 2007. The bill deals with the electronic crimes included: Cyber terrorism
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Data damage Electronic fraud Electronic forgery Unauthorized access to code Cyber stalking Cyber Spamming

It offers penalties ranging from six months imprisonment to capital punishment for 17 types of cyber-crimes and applies to every person who commits an offence, irrespective of his nationality or citizenship. It gives exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes. Under this law there is defined punishment for the offence. Every respective offence under this law has its distinctive punishment which can be imprisonment or fine.

Offence

Imprisonment (years)
3 3 3 3 7 7 3 3

Fine

Criminal Access Criminal Data Access Data Damage System Damage Electronic Fraud Electronic Forgery Misuse of Device Unauthorized access to code

3 Lac 3 Lac 3 Lac 3 Lac 7 Lac 7 Lac 3 Lac 3 Lac

Malicious code Defamation Cyber stalking Cyber Spamming Spoofing Pornography Cyber terrorism

5 5 3 6 months 3 10 Life

5 Lac 5 Lac 3 Lac 50,000 3 Lac ----10 Million

Arsalan Criticism:
There are seemingly 21 cyber issues covered in this Bill. It may seem to cover all aspects of the new digital era but detailed look shows quite the contrary. Practically in all issues the government has gone the extra mile to reinvent a new definition, significantly deviating from the internationally accepted norms. There seems to be an elaborate play of words within the document. Allows room for the regulating body (FIA) to confuse and entrap the innocent people. The FIA has been given complete and unrestricted control to arrest and confiscate material as they feel necessary.

One example of the hideous nature of the bill:

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The Government has literally attempted to insert a new word in the English language. The word TERRORISTIC is without doubt a figment of their imaginative vocabulary hence they attempted to define the word, quite literally compounding the problem at hand They have actually defined what real-life terrorism might be but failed to explain what they mean by the word Cyber in Cyber Terrorism but the concern is that there happens to be no clear-cut explanation on how a Cyber Terrorism crime is committed.

(The End)

Thanks for your Kindness