Sunday, July 12, 2009

Pakistan Electronic Crimes Ordinance, 2008

The President of Pakistan, has Issued a declaration, which makes internet crime liable to be punished with death or imprisonment for life, with huge fines.


Cyber Crime Law
The law states that, any person who commits “cyber terrorism” and causes death of any individual shall be punishable with death or imprisonment for life and will be fined up to Rs 10 million under the deterrence of Electronic Crimes Ordinance, 2008.

According to the law, It shall apply to every person who commits “cyber terrorism” if hr/she access a computer, electronic system or an electronic device with a view to engage in a “terroristic act”, irrespective of his nationality or citizenship whatsoever or in any place outside or inside Pakistan, having harmful effect on the security of Pakistan, its nationals, national harmony, any property, any electronic system, any data located in Pakistan, any electronic system or data capable of being connected, sent to, used by or with any electronic system in Pakistan, will be liable for punishment under the ordinance.

The law defines a terroristic act as an effort to “alarm, terrify, upset, harm, damage or carry out an act of violence” against citizens or the government.

According to the law, “Cyber crime” includes elements and activities like, “Thievery or copying” part or whole of information which is classified or any data/information required for making biological, chemical or nuclear weapon.

The law also highlights certain number of durations of imprisonment and penalties for other crimes, such as cyber fraud, stalking and spamming.

The federal government will institute a dedicated investigation and prosecution cell within Federal Investigation Agency (FIA) to investigate and impeach the offences under the Ordinance. Afterwards, an Information and Communication Technologies Tribunal (ICTT) will be established under the ordinance through a gazette announcement to assume cases pertaining to the above mentioned offences.
The federal government may combine forces with any foreign government, Interpol or any other international agency with whom it has mutual arrangement for investigation or dealings against the offences related to electronic system data, for collection of evidence in electronic form of an offence along-with interception of data.

Any person, group or organization, which uses computer network for broadcast of electronic data having terrorist objectives, will be held accountable for cyber terrorism. The ordinance also reveal that any one who deliberately causes any electronic system or electronic device to carry out any function for the rationale of gaining unauthorized access to any data held in any electronic system or electronic device or on obtaining such unauthorized access shall be punished with imprisonment of either explanation for a term which may extend to three years, or with fine or with both.

Whoever create a website, or sends an electronic message with a phony source proposed to be believed by the recipient or visitor or its electronic system to be a genuine source with plan to gain unauthorized access or obtain precious information which later can be used for any unlawful purposes commits the offence of spoofing.

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