Cyber Laws in Pakistan

Presented By:
Arfan Afzal
Saad Khatri
Azra Sayani
Muhammad Sajeel Hameed
Information To Share
1. Cyber Crime
o Emergence of Cyber Crime
o Dispute in the Cyber World
o Types of Cyber Crime
o Targets of Cyber Crime
2. Cyber Law
3. International Aspect of Cyber Law
4. Role of Pakistan in Cyber World
5. Conventions
o Electronic Transaction Ordinance - 2002
o Electronic Crime Bill - 2007
o Electronic Crime Act - 2015
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.
Cyber Crime
Emergence of Cyber Crime
 The first recorded cyber crime took place in the year 1820! That is not surprising
considering the fact that the abacus, which is thought to be the earliest form of a
computer, has been around since 3500 B.C. in India, Japan and China. The era of
modern computers, however, began with the analytical engine of Charles
Babbage.

 In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the

loom. This device allowed the repetition of a series of steps in the weaving of
special fabrics. This resulted in a fear amongst Jacquard's employees that their
traditional employment and livelihood were being threatened. They committed acts
of sabotage to discourage Jacquard from further use of the new technology. This is
the first recorded cyber crime.
Cyber Crime
Disputes in the Cyber World
 Disputes relating to on-line transactions and culture are extensively different in
their nature, scope and treatment.
 Pervasive societal dependence on networks. A new network paradigm is emerging.
 For example, commercial organizations are integrating operations with
business units, suppliers, and customers through large-scale networks that
enhance communication and services. This new paradigm represents a shift
from bounded networks with central control to unbounded networks.
 Extremely important feature of today's unbounded networks is the emergence of
tremendous disputes, differences, fights and dispute.
Cyber Crime
Types of Cyber Crimes
Types Example
Financial crimes Cheating, credit card frauds, money laundering etc.
Cyber pornography Pornographic websites etc
Sale of illegal articles Sale of narcotics, weapons and wildlife etc
Online gambling Online gambling, money laundering etc
Email spoofing Sending e-mails that appear to originate from one source
but actually has been sent from another source.
Forgery Counterfeit currency notes, postage and revenue stamps
and mark sheet etc
Cyber Defamation Publishing/distributing defamatory matter of someone
Cyber stalking Victimizing someone online
Cyber Crime
Targets of Cyber Crime
 Cyber crimes are targeted and have an impact at three levels:
 (i) Individuals (ii) Organizations (iii) Society at large
Individual Property Organization Society at large
Computer vandalism Unauthorized Pornography (basically
control/access over child pornography)
computer system
Intellectual Property Possession of Polluting the youth through
crimes unauthorized information indecent way

Unauthorized Cyber terrorism against the Financial crimes

control/access over government organization
computer system
Transmitting virus Pirated software Dist. Sale of illegal articles
Cyber Law
 Cyber law or Internet law is a term that encapsulates the legal issues related to
use of 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 OR Contract Law
 Privacy

 Cyber laws is an attempt to apply laws designed for the physical world to human
activity on the Internet .
International Aspect of Cyber Law
Information and communications flow more easily around the world. Borders
are no longer boundaries to this flow. This causes difficulty, as the internet
based society has no physical boundaries and thus much traffic escapes
national supremacy. Criminals are increasingly located in places other than
where their acts produce their effects.
o Over the past thirty years, developed nations transit from the industrial era
to the new information age has enabled them to develop the Nascent
Technology and produce ever greater quality in standards and value.
Between 2000 and 2005, the average internet user growth rate was of 183.4%.
o The highest rate being in the Middle East with 454.2%.
o Africa with 423.9%
o Latin America and the Caribbean collectively with 342.5%14.
Int’l Aspect of Cyber Law Continue …
 It is clear from these statistics that these regions, in which most developing
countries are eager to implement and exploit the advantages of ICTs and the
internet superhighway.

 The European Union, on the other hand, has enabled harmonized implementation
of regulation on electronic commerce through directives in almost all European
countries, with non-member countries aligning themselves with the EU movement.

 The United State has both important knowledge and experience in the legal field of
cyber security, with significant influence in the area.
Int’l Aspect of Cyber Law Continue …
 European Union
 The Council of Europe Convention on Cyber Crime in 2001 was the first
international initiative on computer crime. It has been signed by 37 States and
entered into force in July 2004. This Convention helps to foster international
cooperation by criminalizing the basic cyber crimes.

 United State
 The United State Resolutions on Combating the Criminal Misuse of Information
Technology tried to address the problem of safe havens for those who
criminally misuse information technology by requesting that States put into
place laws to eliminate such havens.
Role of Pakistan in the Cyber World
 The Pakistan market has now grown manifolds with the largest majority of internet
users in Karachi and then Lahore and Islamabad. These three cities jointly
provide over 90% of the customer base and expansion in activity is also likely to
remain primarily confined to these cities because of the concentration of economic
activity in these cities.

 Pakistan also is not free from the cyber space dilemma. The availability of
computers and Internet connections provides unprecedented opportunities to
communicate and learn in Pakistan. However, certain individuals do exploit the
power of the Internet for criminal purposes as well.
Pakistan Cyber Law Conventions
 While the government of Pakistan focuses on fighting terrorism and extremism
under the National Action Plan (NAP), another threat seems to be looming on the
horizon, i.e. cyber warfare.

 Cyber-crime rises rapidly in Pakistan. There are about 30 million internet users
with 15 million mobile subscribers in Pakistan.

 According to Cyber Crime Unit (CCU), a branch of Federal Investigation

Agency, only 62 cases were reported to the unit in 2007, 287 cases in 2008,
ratio dropped in 2009 but in 2010, more than 312 cases were registered.
PAK Cyber Law Con. Continue …
 There are different law are promulgated in Pakistan. These laws not only deal with
crime of Internet, which deal with all dimensions related to computer & networks.

 Three of them are most important as below:

o Electronic Transaction Ordinance - 2002
o Electronic Crime Bill - 2007
o Electronic Crime Act - 2015
Electronic Transaction Ordinance-2002

 The Electronic Transaction Ordinance 2002 was passed by Pakistan Government

with the objective to recognize and facilitate documents, records, information,
communications and transactions in electronic form, and to provide for the
accreditation of certification service providers.

 The Electronic Transaction Ordinance is an essential prerequisite for e-

commerce growth and termed as "a landmark decision for the IT
development of the country.
ETO – 2002 Continue …
The Ordinance aimed to achieve:
 Great economic impact.
 E-commerce and projecting Pakistan’s products such as textile, leather goods,
sports goods and surgical items to the world.
 Increased e-transactions.
 Major benefits for the small and medium business enterprises as the cost of
transactions are greatly reduced electronically.
 Legal and safe trading to take place as the necessary laws to protect the
interests of both the buyers and the sellers in the process of electronic sales
and purchases.
ETO – 2002 Continue …
 Important Sections of ETO – 2002
1. 36. Violation of privacy information
 For acquiring the information.
 Gain Knowledge.
2. 37. Damage to information system, etc.
 alter, modify, delete, remove, generate, transmit or store information.
3. 38. Offences to be non bail-able, compoundable and cognizable
 All offences under this Ordinance shall be non bail-able, compoundable and
cognizable.
4. 39. Prosecution and trial of offences.
 No Court inferior to the Court of Sessions shall try any offence under this
Ordinance.
Cyber Crime Bill - 2007
 Electronic Crimes Ordinance – 2007. It is in forced.
 The Federal Cabinet approved the adoption of The Prevention of Electronic
Crimes Bill 2007 on 17 January 2007.

 The bill deals with the electronic crimes included:

o Cyber terrorism
o Data damage
o Electronic fraud
o Electronic forgery
o Unauthorized access to code
o Cyber stalking
o Cyber Spamming
Cyber Crime Bill – 2007 Continue …
Characteristics of Bill - 2007
 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.
Cyber Crime Bill – 2007 Continue …
 OFFENCES AND 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.

O/P Next Slide

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

Cyber Crime Act - 2015
 On September 17, 2015, the National Assembly’s Standing Committee on
Information Technology and Telecommunications approved the government’s
proposed “Prevention of Electronic Crimes Bill 2015”, for a second time. An
earlier version was approved in April 16, 2015. Both versions were approved
despite reservations expressed by members of opposition part of the National
Assembly (NA) Standing Committee on IT.

 The proposed bill does not distinguish between innocent people and criminals.
In turn, it prescribes heavy penalties in the form of jail terms and fines.
Cyber Crime Act – 2015 Continue …
 There are 5 main points from summary of this new bill:
1. It will be a crime to send text messages or photos to anyone’s email address
or phone without the recipient’s consent.
2. The police or FIA or any other agency won’t need a warrant to search, seize or
make arrests.
3. Under sections 17 and 18 of the new bill, the political criticism and political
expression in the form of analysis, commentary, blogs, cartoons, caricatures
and memes has been criminalized. Authorities will decide what is moral and
what is immoral.
4. Under section 31, government can block or remove access to any website or
online source if it deems it inappropriate.
5. Under section 26, the ISPs, restaurants, malls, hotels, offices, airports bus
stations and anywhere with Internet facility will be required to hold data record
for 3 months.
Cyber Crime Act – 2015 Continue …
 OFFENCES AND PUNISHMENTS
Unauthorized access to information system or data:
 Unauthorized access to any information system or data then imprisonment for
a six months or with fine which may extend to one hundred thousand
rupees or with both.
Unauthorized copying or transmission of data:
 Imprisonment for a six months or with fine which may extend to one hundred
thousand rupees or with both.
Cyber terrorism
 Imprisonment fourteen year (14) and fine 5 million or both.
Electronic fraud
 Imprisonment two (02) year and fine 10 million or both.
Cyber Crime Act – 2015 Continue …
Identity crime
 Whoever obtains, sells, possesses or transmits another person’s identity
information, without lawful justification shall be punished with imprisonment for
a term which may extend to three months or with fine which may extend to
fifty thousand rupees, or with both.
Unauthorized issuance of SIM cards
 SIM to be used in cellular mobile or wireless phone for transmitting without
verification in the mode and manner approved by the Authority shall be
punished with imprisonment for a term which may extend to three years or
with fine which may extend to five hundred thousand rupees or both.