Cyber Crime Laws in Pakistan

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Lahore School of economics Cyber Crime Laws in Pakistan A Brief Overview Ayesha Majid Iza Haider Kinza Babr Mahnoor Saad 2-22-2018 0|Page Contents Cyber Crime ................................................................................................................................... 2 Cyber Laws ..................................................................................................................................... 2 Cyber Laws in the World ............................................................................................................ 2 Cyber Laws in Pakistan .................................................................................................................. 3 Electronic Transaction Ordinance (ETO) 2002 .............................................................................. 3 Pre-ETO 2002 Scenario .............................................................................................................. 3 Post ETO 2002 ............................................................................................................................ 3 Sections of ETO 2002 ................................................................................................................. 4 Electronic/Cyber Crime Bill 2007 .................................................................................................. 5 Prevention of Electronic Crimes Act (PECA) 2016 ....................................................................... 6 Punishments for Cyber Crime under Judicial Precedence.............................................................. 7 1|Page Cyber Crime Cybercrime is an act in which computers or networks are a tool, a target, or a place of criminal activity. Cybercrime is 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. Cybercrime has grown in importance. • 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, mostly effecting the technological progress in the area of e –Commerce. Cyber Crimes Reported in Pakistan A total of 57 cases have been registered under the ETO 2002 in the years 2005 & 2006. 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) 2|Page • Electronic Transactions Ordinance (Hong Kong) • Information Technology Act (India) • Information Communication Technology Act Draft (Bangladesh) Cyber Laws in Pakistan 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. Three of them are most known. They are: • Electronic Transaction Ordinance (ETO) 2002 • Electronic / Cyber Crime Bill 2007 • Prevention of Electronic Crimes Act (PECA) 2016 Electronic Transaction Ordinance (ETO) 2002 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. The ordinance laid the foundation for comprehensive Legal Infrastructure. It is heavily taken from foreign law related to cybercrime. Pre-ETO 2002 Scenario • 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 Post ETO 2002 • Electronic Documentation & Records recognized • Electronic & Digital forms of authentication & identification given legal sanctity 3|Page • Messages through email, fax, mobile phones, Plastic Cards, Online recognized. Sections of ETO 2002 There are 43 sections in this ordinance. It deals with following 8 main areas relating to eCommerce. 1. Recognition of Electronic Documents 2. Electronic Communications 3. Digital Signature regime and its evidential consequences 4. Web Site & Digital Signatures Certification Providers 5. Stamp Duty 6. Attestation, notarization, certified copies 7. Jurisdiction 8. Offences Important Sections of the act are: Sec 36. 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 • 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 Sec 38. Offences to be non-bail able, compoundable and cognizable 4|Page • All offences under this Ordinance shall be non-bail able, compoundable and cognizable. Sec 39. Prosecution and trial of offences. • No Court inferior to the Court of Sessions shall try any offence under this Ordinance. Electronic/Cyber Crime Bill 2007 Prevention of Electronic Crimes Ordinance, 2007 was promulgated by the President of Pakistan on the 31st December 2007 and approved by federal cabinet on 17 January 2007. The Prevention of Electronic Crime Ordinance (PECO) 2007 was presented in the National Assembly under article 89(2) of the Constitution. The bill deals with the electronic crimes included: Cyber terrorism Data damage Electronic fraud Electronic forgery Unauthorized access to code Cyber stalking Cyber Spamming/spoofing It offers penalties ranging from six months imprisonment to capital punishment for 17 types of cybercrimes. 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. The bill suggests maximum punishment of death or life imprisonment for those booked under cybercrimes or involved in sensitive electronic systems offences. The Minister for Information Technology Awais Ahmad Khan Leghari stated for the bill: “the e-crime law would require the internet companies maintain their traffic data for at least six months to enable the agencies to investigate cases involving data stored by them.” He said the law would enable the government to seek extradition of foreign nationals through Interpol for their involvement in criminal activities punishable under the law. 5|Page Prevention of Electronic Crimes Act (PECA) 2016 National Assembly enacted the PECA to provide a comprehensive legal framework to define various kinds of electronic crimes, mechanisms for investigation, prosecution and adjudication in relation to electronic crimes. Supports Cyber Crime Bill 2007. The legislation established new offences including illegal access of data (hacking) DOS and DDOS attacks electronic forgery and electronic fraud cyber terrorism The legislation provides new investigative powers which were unavailable before such as search and seizure of digital forensic evidence us

 

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