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

Cyber Crime

Cyber Laws

Cyber laws in Pakistan

Electronic Transaction Ordinance 2002

Overview

Sections

Agenda Electronic Crimes Bill 2007 Overview Sections

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

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.

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.

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

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)

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

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.

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

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

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

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 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

“ 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.

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.

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

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

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.

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

References:

1- Ordinance No: LI OF 2002, http://www.tremu.gov.pk/tremu1/wo rkingroups/pdf/ETO%20Readable.pdf , accessed on 7 th 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 7 th of April 2009.

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