Cyber Laws in Pakistan Sehrish Mushtaq Cyber

Cyber Laws in Pakistan Sehrish Mushtaq

Cyber Crime n Activity in which computers or networks are a tool, a target, or a place of criminal activity. n Cyber crime also stated as any use of a computer as an instrument to further illegal ends, such as q q q Committing fraud Stealing identities Violating privacy

Cyber Crime n n n 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.

Cyber Crime n Examples: q q 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. Financial institutions are the favourite targets of Cyber criminals --- worstly effecting the technological progress in the area of e –Commerce.

Cyber Laws n n The legal issues related to use of communications technology, particularly "cyberspace", i. e. the Internet. It is an intersection of many legal fields, like: q q n 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 n n n 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 n n There are different laws, 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: q q Electronic Transaction Ordinance 2002 Electronic / Cyber Crime Bill 2007

Electronic Transaction Ordinance 2002 n Overview q q 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 n n n 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

ETO 2002 n Sections q q There are 43 sections in this ordinance It deals with following 8 main areas relating to e-Commerce. n n n n Recognition of Electronic Documents Electronic Communications Digital Signature regime and its evidential consequences Web Site & Digital Signatures Certification Providers Stamp Duty Attestation, notarization, certified copies Jurisdiction Offences

ETO 2002 n Important Sections are: q 36. Violation of privacy information n n n 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

ETO 2002 q 37. Damage to information system, etc. n n n alter, modify, delete, remove, generate, transmit or store information to impair the operation of, or prevent or hinder access to, information knowingly not authorised Imprisonment 7 years Fine Rs. 1 million

ETO 2002 q 38. Offences to be non-bailable, compoundable and cognizable n q All offences under this Ordinance shall be non-bailable, compoundable and cognizable. 39. Prosecution and trial of offences. n No Court inferior to the Court of Sessions shall try any offence under this Ordinance.

Post ETO 2002 n n n 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 n n n “Prevention of Electronic Crimes Ordinance, 2007″ is in force now It was promulgated by the President of Pakistan on the 31 st December 2007 The bill deals with the electronic crimes included: q q q q Cyber terrorism Data damage Electronic fraud Electronic forgery Unauthorized access to code Cyber stalking Cyber Spamming/spoofing

Electronic/Cyber Crime Bill 2007 n n n 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 n n 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 6 months 50, 000 Spoofing 3 3 Lac Pornography 10 ----- Life 10 Million Cyber Spamming Cyber terrorism

Sections n Data Damage: q n Whoever with intent to illegal gain or cause harm to the public or any person, damages any data, shall come under this section. Punishment: q q 3 years 3 Lac

Electronic/Cyber Crime Bill 2007 n Electronic fraud: q n People for illegal gain get in the way or use any data, electronic system or device or with intent to deceive any person, which act or omissions is likely to cause damage or harm. Punishment: q q 7 years 7 Lac

Electronic/Cyber Crime Bill 2007 n Electronic Forgery: q n Whoever for unlawful gain interferes with data, electronic system or device, with intent to cause harm or to commit fraud by any input, alteration, or suppression of data, resulting in unauthentic data that it be considered or acted upon for legal purposes as if it were authentic, regardless of the fact that the data is directly readable and intelligible or not. Punishment: q q 7 years 7 Lac

Electronic/Cyber Crime Bill 2007 n Malicious code: q n Whoever willfully writes, offers, makes available, distributes or transmits malicious code through an electronic system or device, with intent to cause harm to any electronic system or resulting in theft or loss of data commits the offence of malicious code. Punishment: q q 5 years 5 Lac

Electronic/Cyber Crime Bill 2007 n Cyber stalking: q q q q Whoever with intent to harass any person uses computer, computer network, internet, or any other similar means of communication to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, picture or image. Make any suggestion or proposal of an obscene nature Threaten any illegal or immoral act Take or distribute pictures or photographs of any person without his consent or knowledge Commits the offence of cyber stalking. 3 Years 3 Lac

Electronic/Cyber Crime Bill 2007 n Spamming: q q n Whoever transmits harmful, fraudulent, misleading, illegal or unsolicited electronic messages in bulk to any person without the express permission of the recipient, involves in falsified online user account registration or falsified domain name registration for commercial purpose commits the offence of spamming. Punishment: q q 6 month 50, 000

Electronic/Cyber Crime Bill 2007 n Spoofing: q q q Whoever establishes a website, or sends an electronic message with a counterfeit source intended to be believed by the recipient or visitor or its electronic system to be an authentic source with intent to gain unauthorized access or obtain valuable information Later, Information can be used for any lawful purposes commits the offence of spoofing. 3 Years 3 Lac

Electronic/Cyber Crime Bill 2007 n Cyber terrorism: q q q n Any person, group or organization who, with terroristic intent utilizes, accesses or causes to be accessed a computer or computer network or electronic system or device or by any available means, knowingly engages in or attempts to engage in a terroristic act commits the offence of cyber terrorism. Punishment q q q Whoever commits the offence of cyber terrorism and causes death of any person shall be punished with death Or imprisonment for life, and with fine Otherwise he shall be punishable with imprisonment of ten years or with fine ten million rupees

Crimes Reported in Pakistan n 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