Efforts of Pakistan to Curb Electronic Crimes and Combat Cyber Terrorism Syed Mohammed Anwer Director Legal Ministry of Information Technology Government.

Efforts of Pakistan to Efforts of Pakistan to Curb Electronic Crimes Curb Electronic Crimes

and Combat Cyber and Combat Cyber TerrorismTerrorism

Syed Mohammed AnwerSyed Mohammed AnwerDirector Legal Director Legal

Ministry of Information Technology Ministry of Information Technology Government of Pakistan Government of Pakistan

The 4th ASEAN Regional Forum (ARF) Seminar on Cyber Terrorism, Busan Korea,

16-19 October 2007

A Major Step Taken by A Major Step Taken by PakistanPakistan

The Cabinet of Pakistan has approved The Cabinet of Pakistan has approved

The Preventions of Electronic Crimes Bill The Preventions of Electronic Crimes Bill 2007 2007

In August 2007 In August 2007

Objectives of Draft BillObjectives of Draft Bill

► to deter actions directed against to deter actions directed against confidentiality confidentiality integrity integrity Illegal accessibility of computer systems Illegal accessibility of computer systems networks andnetworks and data data misuse of such systems, networks and data misuse of such systems, networks and data

► to combat such criminal offences, by facilitating to combat such criminal offences, by facilitating detection, detection, investigationinvestigation search & seizuresearch & seizure prosecution of such criminal offencesprosecution of such criminal offences ICT Tribunal ICT Tribunal

Salient FeaturesSalient Features

► It contains definitions of Cyber Crimes It contains definitions of Cyber Crimes and their respective Punishmentsand their respective Punishments

► Provisions for prosecution and trial of Provisions for prosecution and trial of such crimessuch crimes

► Provisions for international Provisions for international Cooperation Cooperation

Offences Contain in the BillOffences Contain in the Bill

► Criminal access to Criminal access to data or electronic data or electronic system. system.

►Data damageData damage► System damage System damage ► Electronic Fraud Electronic Fraud ► Electronic ForgeryElectronic Forgery

►Misuse of devicesMisuse of devices ►Unauthorized Unauthorized

access to code access to code ►Misuse of Misuse of

encryptionencryption ►Malicious codeMalicious code

► Cyber stalkingCyber stalking

……cont Offences cont Offences ► SpammingSpamming ► Fake website to Fake website to

deceive or gain deceive or gain personal personal informationinformation

►Unauthorized Unauthorized interceptioninterception

► Cyber TerrorismCyber Terrorism

►Attempt and Attempt and aiding or aiding or abettingabetting

► Corporate Corporate liabilityliability

Draft BillDraft Bill(POWERS OF INVESTIGATION)(POWERS OF INVESTIGATION)

► Provisions for investigations by Socialized Provisions for investigations by Socialized Investigating Agency which is FIA.Investigating Agency which is FIA.

► Power of I.O. to access computer and data.Power of I.O. to access computer and data.

► Expedited preservation of evidence.Expedited preservation of evidence.

► Real-time collection of traffic data.Real-time collection of traffic data.

► Trans-border access.Trans-border access.

Draft BillDraft Bill(INTERNATIONAL CO-OPERATION)(INTERNATIONAL CO-OPERATION)

► International co-operationInternational co-operation

► Territorial scope of offencesTerritorial scope of offences

Draft BillDraft Bill(TRIAL OF OFFENCES)(TRIAL OF OFFENCES)

►Majority of offences are compoundable Majority of offences are compoundable

►Majority of the crimes are non-Majority of the crimes are non-cognizablecognizable

►Trial of offences by ICT Tribunal.Trial of offences by ICT Tribunal.

►Order for payment of compensation Order for payment of compensation

What are Serious Crimes What are Serious Crimes under this Law?under this Law?

►Cyber Terrorism or Threat to Cyber Cyber Terrorism or Threat to Cyber Terrorism.Terrorism.

► Electronic Fraud , Electronic Forgery Electronic Fraud , Electronic Forgery and Cyber Stalking if committed with and Cyber Stalking if committed with any Minorany Minor

►The Punishment of these crimes are 7 The Punishment of these crimes are 7 years imprisonment or more , they are years imprisonment or more , they are non-bailable and non compoundable.non-bailable and non compoundable.

The composition of ICT Tribunal?The composition of ICT Tribunal?

► It will have maximum of Seven It will have maximum of Seven Members including one as its Members including one as its Chairman.Chairman.

►Tribunal may be assisted by Amicus Tribunal may be assisted by Amicus Curiae.Curiae.

►Principal seat will be in Islamabad. Principal seat will be in Islamabad. ►The Chairman will have powers to The Chairman will have powers to

make benches.make benches.

What Will be Achieved by What Will be Achieved by this Law ?this Law ?

► A sense of safety and protection will prevail in all A sense of safety and protection will prevail in all sections of society that deal with IT.sections of society that deal with IT.

► It will curb the electronic crimes in the country.It will curb the electronic crimes in the country.

► Pakistan will become more safe place for IT business.Pakistan will become more safe place for IT business.

► It will enhance confidence of our international It will enhance confidence of our international partners in ITpartners in IT

► IT will provide safer environment for electronic IT will provide safer environment for electronic transactions consequently boost e-Banking and e-transactions consequently boost e-Banking and e-Commerce in Pakistan.Commerce in Pakistan.

► It will help Pakistan in moving towards paper free It will help Pakistan in moving towards paper free economy more confidently.economy more confidently.

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