Codification of Cyber Laws in Pakistan
S J Tubrazy
Abundant reliance and dependence upon information technology has made it inevitable part of modern life of man, present commercial life neither can run nor grow nor even survive cutting itself from the blessing of information technology mechanism. The conventional method of transaction now even has become familiar as electronic transaction and even conventional type crimes have critically mutate among the electronic or cyber crimes and same strongly need to be secure and save and required a complete and comprehensive code of laws regulating every electronic issue and transaction.
Pakistan while daring and initiating to further step from any advance countries, has introduced, enacted and amended various statutes namely;
(i) Electronic Transaction Ordinance 2002.
(ii) Prevention of Electronic Ordinance 2008.
(iii) Amended Article 2 (e) of Qanon-e-Shahdat 1984.
In 2002, Government of Pakistan passed an “Electronic Transaction Ordinance 2002 (ETO)” 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.
Now, electronic information and communication, along with appropriate procedures have legal backing as any written and signed document. With ETO in place, Pakistan has joined an exclusive posse of countries that grant necessary framework and a momentum for growth of electronic commerce.
The new law “Prevention of Electronic Crimes Ordinance, 2007″ is in force now, which was promulgated by the President of Pakistan on the 31st December 2007.The “Prevention of Electronic Crimes Ordinance, 2007″ extends to the whole of Pakistan.
The “Prevention of Electronic Crimes Ordinance, 2007″ will apply to every person who commits an offence under the said Ordinance irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having detrimental effect on the security if Pakistan or its nationals or national harmony or any property or any electronic system or data located in Pakistan or any electronic system or data capable of being connected, sent to, used by or with any electronic system in Pakistan.
The ordinance i.e. “Prevention of Electronic Crimes Ordinance, 2007″ gives exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes.
The ordinance covers provision for illegal and criminal acts such as data access, data damage, system damage, electronic fraud, electronic forgery, spamming, spoofing, cyber terrorism etc.
The endorsement of ETO 2002 and afterward PECO 2007 in Pakistan has made compelled to evolve the evidentionary mechanism at litigation. Being measured inadequate to fulfill the prerequisites of Electronic evidence, Article 2 (e) of the Qanun-e-Shahadat Order 1984 has amended; all information and documents generated, received or recorded by electronic system would be admissible.
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S J TubrazyAbundant reliance and dependence upon information technology has made it inevitable part of modern life of man, present commercial life neither can run nor grow nor even survive cutting itself from the blessing of information technology mechanism. The conventional method of transaction now even has become familiar as electronic transaction and even conventional type crimes have critically mutate among the electronic or cyber crimes and same strongly need to be secure and save and required a complete and comprehensive code of laws regulating every electronic issue and transaction.
Pakistan while daring and initiating to further step from any advance countries, has introduced, enacted and amended various statutes namely;
(i) Electronic Transaction Ordinance 2002.
(ii) Prevention of Electronic Ordinance 2008.
(iii) Amended Article 2 (e) of Qanon-e-Shahdat 1984.
(iv) Payment System Electronic funds Transfer Act 2007.
(v) Anti Money Laundering Act 2010.
(vi) Investigation for Fair Trial Act 2013.
In 2002, Government of Pakistan passed an “Electronic Transaction Ordinance 2002 (ETO)” 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.
Now, electronic information and communication, along with appropriate procedures have legal backing as any written and signed document. With ETO in place, Pakistan has joined an exclusive posse of countries that grant necessary framework and a momentum for growth of electronic commerce.
The new law “Prevention of Electronic Crimes Ordinance, 2007″ is in force now, which was promulgated by the President of Pakistan on the 31st December 2007.The “Prevention of Electronic Crimes Ordinance, 2007″ extends to the whole of Pakistan.
The “Prevention of Electronic Crimes Ordinance, 2007″ will apply to every person who commits an offence under the said Ordinance irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having detrimental effect on the security if Pakistan or its nationals or national harmony or any property or any electronic system or data located in Pakistan or any electronic system or data capable of being connected, sent to, used by or with any electronic system in Pakistan.
The ordinance i.e. “Prevention of Electronic Crimes Ordinance, 2007″ gives exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes.
The ordinance covers provision for illegal and criminal acts such as data access, data damage, system damage, electronic fraud, electronic forgery, spamming, spoofing, cyber terrorism etc.
The endorsement of ETO 2002 and afterward PECO 2007 in Pakistan has made compelled to evolve the evidentionary mechanism at litigation. Being measured inadequate to fulfill the prerequisites of Electronic evidence, Article 2 (e) of the Qanun-e-Shahadat Order 1984 has amended; all information and documents generated, received or recorded by electronic system would be admissible.
Payment System Electronic Funds Transfer Act 2007 has been enacted and published in finance bill 2007, this act facilitates and provides a complete mechanism for transfer of funds through electronic mode.
The Anti Money Laundering act 2010 is passed in 2010 by the parliament which prohibit every kind money laundering through physical or electronic modes. The punishments provided for money laundering are exemplary in AMLA 2010.
Recently parliament has passed Investigation for Fair trial Act 2013 which focuses on interception and warrant and procedure to apprehend the cyber criminal through a proper method by the investigation agency.
Giving applause to the efforts and labors of the government of Pakistan and especially to the people of Pakistan to have a complete and comprehensive code of cyber laws, all the global community shall try to evolve and develop a code of cyber laws with spirit and nature of uniform recognition at global level.
