Pakistan Jumps in to the Matrix of the Cyber World

PAKISTAN JUMPS IN TO THE MATRIX OF THE CYBER WORLD

By

                                                            S.J.TUBRAZY                                               

To organize the matrix of the cyber world and to get and achieved the great common end for man, to regulate the electronic issues and to deal the electronic crimes in same prototype and procedure, the nations of the world are introducing laws of prevention of electronic crime in their perspective countries, but the steps towards this common end by the world nations are unfortunately very leisurely and restful. It is question to all the nations of the world which are widely dependent and reliant of the electronic mechanism of life, why they are so lethargic and in-hasten to enact the prevention of electronic crime laws on domestic level with the perspective of international trans-border access. A bold, sagacious and in time step has been taken by the government of Pakistan to introduce the Prevention of Electronic Crime Ordinance 2007, although it vulnerable by the critics under the legal debates but conversely it was inevitable to introduce an electronic legal mechanism for the cyber world.

A applause might have render to Pakistan for getting bold and eventual step to enact the Prevention of electronic crime Ordinance 2007, (hereinafter referred as Ordinance) which elucidate as Section 3 of criminal access, Section 4 of criminal data access, Section 5 of data damages, Section 6 system damages, Section 7 is electronic fraud, Section 8 is electronic forgery, Section 9 misuse of electronic system and electronic device, Section 10 is unauthorized access to code, Section 11 is misuse of encryption, Section 12 is malicious code, Section 13 is cyber stalking, Section 14 is spamming , Section 15 is spoofing, Section 16 is unauthorized interception and section 17 is about cyber terrorism a controversial section o the ordinance.

All the above mention sections of the ordinance coat comprehensively all offences and crimes of electronic and computer and internet system, which are commonly known and faced all over the world. The only one section 17 of cyber terrorism is to be got controversial one, which is swinging globe of the legal debate. No sagacious person on earth can deny the existence of the evil/ terrorism faced by the human race, the only difference and criticism about its exact agreed definition and methods to prosecute cyber criminals and terrorists.

               The chapter iii of the ordinance explicate the prosecution and trial of offences, all the offences under the ordinance are compoundable and non-cognizable and bail-able except the offences punishable with imprisonment for seven year or more.

            The information and communication technology tribunal shall take cognizance and try any offence under this ordinance and all the proceedings before the tribunal shall be deemed to be judicial proceedings within the meanings of relevant section of PPC 1860 and tribunal shall deemed to be a court. The tribunal may on awarding punishment of imprisonment or fine or both for commission of any offence make an order for payment of any compensation to the victim for any damage cause to his electronic system or data by commission of the offence and the compensation so awarded shall be recoverable as arrears of land and revenue.

            Chapter iv talks about the establishment of investigation and prosecution agencies, the federal government shall establish a specialized investigation and prosecution cell within Federal Investigation Agencies to investigate offences for purposes of investigation widely has been awarded to the investigation agencies such as subject to obtaining the search warrant an officer have access to and inspect the operation of any electronic system, have access to or demand any information code or technology for the purposes of investigation require any person by whom or on whose behalf the investigation officer has reasonable cause to believe any electronic system has been used, require any person who is in possession of decryption information of under investigation electronic system device or data.

            The chapter iv further reveal that the federal government its may require a licensed services provider, within its existing or required technical capability, to collect or record through the application of technical means or to cooperate and assist any law enforcement or intelligence agency in the collection or recording of traffic data or data in real-time, associated with specified communications transmitted by means of an electronic system.

             The Section 29 of chapter 4 is relating to the trans- border access which discusses that for the purposes of investigation the federal government or the investigation agencies may without permission of any foreign government or international agency access publicly available electronic system or data notwithstanding the geographical location of  such electronic system or data located in foreign country or territory if it obtains the lawful and voluntary consent of the person who has the lawful authority to disclose it, provided that such access has not prohibited under the law of the foreign government or the international agency.

            The Section 29 trans-border access collaborate with the international cooperation section 30 of chapter v of the ordinance covering up the cyber issues & offences, without trans-border access cannot be even say cyber law, all the globe may be place where cause of action accrued and without trans-border access cyber offences and crime cannot be investigate properly.

               The Section 30 of international cooperation elaborates as the federal government may cooperate with any foreign government, Interpol or any other international agency with whom it has or establishes reciprocal arrangements for the purposes of investigation or proceedings  concerning offences related to electronic system or data or for the collection of evidence in electronic form of an offence or obtaining expeditious preservation and disclosure of traffic data or data by means of electronic system or real- time collection of traffic data associated with specified communication or interception of data, consequent subsection 2 and 5 discloses with detail the method to cooperate involving the other sovereign countries to investigate the offences, without prejudicing the rights, sovereignty, security, public order or other essential interests of governments.

            The chapter vii of the ordinance is about the miscellaneous and more importantly about the schedule which includes others electronic laws as;

1.      The Electronic Transaction Ordinance 2002.

2.      The Pakistan Telecommunication (re-organization) Act 1996.

3.      The Telegraphy Act 1885.

4.      The Wireless Telegraphy Act 1933.

This all means to deter and to discourage any activity of electronic offence by any electronic means, just law is nothing but the law enforcement institution which are sole responsible to approach the real spirit of laws. 

From the stage of crowd to society and to the civilized society, laws have played a vital role. The traditional concept of war and aggression of one nation to other may be evaporate gradually and to get the justification to declare war against the other country or nation may be erased, as man of this time has visualized the outrageous and terrible of his common enemy, the terrorism, all the nations of the world never be agreed but on terrorism. This civilized world has imagined and even undergoes mutually the loss by terrorists but perhaps through the medium of the electronic technology terrorists can suffer the mankind irreparable and irreversible loss. Sooner or later only proper enactment of laws of prevention of electronic crimes can play more vital role than any deadly weapon against the cyber terrorists and cyber criminals.

            (The Author is lawyer of cyber laws in Pakistan)