Cyber Laws and Governance in Pakistan

Conveyor : Shakeel Ahmed

Roll No: 08 / STP 03

Mehran University Institute of Science and Technology Development

Agenda

Cyber Crime

Cyber Laws

Cyber laws in Pakistan

Electronic Transaction Ordinance 2002 Overview Sections

Agenda

Electronic Crimes Bill 2007 Overview Sections

Cyber Crime

Activity in which computers or networks are a tool, a target, or a place of criminal activity.

Cyber crime also stated as any use of a computer as an instrument to further illegal ends, such as Committing fraud Stealing identities Violating privacy

It is also include traditional crimes in which computers or networks are used to enable the illicit activity.

As the computer has become central to commerce, entertainment, and government.

Cyber crime has grown in importance.

Examples:

E-mail account of a Federal Minister was hacked. Credit cards frauds reach to an alarming level. Visiting CEOs of Multinational Companies gets

threatening E-mails. Financial institutions are the favorite targets of

Cyber criminals --- worst effecting the technological and progress in the area of e –Commerce.

Cyber Laws

The legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet.

It is an intersection of many legal fields, like: Intellectual property, Privacy

Cyber laws is an attempt to apply laws designed for the physical world to human activity on the Internet

Cyber Laws in the World

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)

Cyber Laws in Pakistan

There are different law are promulgated in Pakistan. These laws not only deal with crime of Internet These deal with all dimensions related to computer

& networks. Two of them are most known. They are:

Electronic Transaction Ordinance 2002 Electronic / Cyber Crime Bill 2007

Electronic Transaction Ordinance 2002 Overview

The Electronic Transactions Ordinance (ETO), 2002, was the first IT-relevant legislation created by national lawmakers.

A first step and a solid foundation for legal sanctity and protection for Pakistani e-Commerce locally and globally.

Laid the foundation for comprehensive Legal Infrastructure.

It is heavily taken from foreign law related to cyber crime.

Pre-ETO 2002

No recognition of electronic documentation No recognition of electronic records No recognition of evidential basis of

documents/records Failure to authenticate or identify digital or electronic

signatures or forms of authentication No online transaction could be legally binding Electronic Data & Forensic Evidence not covered.

No Rules

Important Sections are: Violation of privacy information

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

Damage to information system, etc. 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

Post ETO 2002

Electronic Documentation & Records recognized

Electronic & Digital forms of authentication & identification given legal sanctity

Messages through email, fax, mobile phones, Plastic Cards, Online recognized.

Electronic/Cyber Crime Bill 2007

Overview

“Prevention of Electronic Crimes Ordinance, 2007″ is in force now

It was promulgated by the President of Pakistan on the 31st December 2007

The bill deals with the electronic crimes included: Cyber terrorism Data damage Electronic fraud Electronic forgery Unauthorized access to code Cyber stalking Cyber Spaming

It offers penalties ranging from six months imprisonment to capital punishment for 17 types of cyber crimes

It will apply 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.

Punishments

Under this law there are defined punishment for the offence.

Every respective offence under this law has its distinctive punishment which can be imprisonment or fine.

Offence Imprisonment (years) Fine

Criminal Access 3 3 Lac

Criminal Data Access 3 3 Lac

Data Damage 3 3 Lac

System Damage 3 3 Lac

Electronic Fraud 7 7 Lac

Electronic Forgery 7 7 Lac

Misuse of Device 3 3 Lac

Unauthorized access to code 3 3 Lac

Malicious code 5 5 Lac

Defamation 5 5 Lac

Cyber stalking 3 3 Lac

Cyber Spamming 6 months 50,000

Spoofing 3 3 Lac

Pornography 10 -----

Cyber terrorism Life 10 Million

Crimes Reported in Pakistan

A total of 57 cases have been registered under the ETO 2002 in the years 2005 & 2006.

Offences 2006 2005 Total

IPR Crimes 14 20 34

Spurious Drugs 37 30 67

Cyber Crimes 33 24 57

Counterfeit Currencies 7 2 9

Others 105 148 253

Total: 196 224 420

http://www.cert.org/stats/ (abstract)

Conclusions:

As the whole presentation shows, we have some very fine laws and regulations to implement in the Cyber Space, but the only lacking factor is the implementation of these lays, there are very rare cases when the these laws have been practiced. Now need is to educate people regarding what there rights are and the legal strength they have been empowered with.

References:1- Ordinance No: LI OF 2002,

http://www.tremu.gov.pk/tremu1/wo rkingroups/pdf/ETO%20Readable.pdf , accessed on 7th of April 2009.

2- http://en.wikipedia.org/wiki/Cyber_crime , accessed on 7th of April 2009.

3- http://www.amlaw.pk/blog/2007/12/31/electronic- crime-cyber-crime-ordinance-act-law-credit-

card-fraud-spam-spoof-forgery-malicious-online-internet-pakistan, accessed 7th of April 2009.

4- http://www.nr3c.gov.pk/ecr_ laws_pakistan.php, accessed on 7th of April 2009