Efforts of Pakistan to Curb Electronic Crimes and Combat Cyber Terrorism Syed Mohammed Anwer Director Legal Ministry of Information Technology Government of Pakistan The 4th ASEAN Regional Forum (ARF) Seminar on Cyber Terrorism, Busan Korea, October 2007

A Major Step Taken by Pakistan The Cabinet of Pakistan has approved The Preventions of Electronic Crimes Bill 2007 In August 2007

Objectives 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 and networks 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, investigation investigation search & seizure search & seizure prosecution of such criminal offences prosecution of such criminal offences ICT Tribunal ICT Tribunal

Salient Features It contains definitions of Cyber Crimes and their respective Punishments It contains definitions of Cyber Crimes and their respective Punishments Provisions for prosecution and trial of such crimes Provisions for prosecution and trial of such crimes Provisions for international Cooperation Provisions for international Cooperation

Offences Contain in the Bill Criminal access to data or electronic system. Criminal access to data or electronic system. Data damage Data damage System damage System damage Electronic Fraud Electronic Fraud Electronic Forgery Electronic Forgery Misuse of devices Unauthorized access to code Misuse of encryption Malicious code Cyber stalking

…cont Offences Spamming Spamming Fake website to deceive or gain personal information Fake website to deceive or gain personal information Unauthorized interception Unauthorized interception Cyber Terrorism Cyber Terrorism Attempt and aiding or abetting Corporate liability

Draft Bill (POWERS OF INVESTIGATION) Provisions for investigations by Socialized Investigating Agency which is FIA. Provisions for investigations by Socialized 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 Bill (INTERNATIONAL CO-OPERATION) International co-operation International co-operation Territorial scope of offences Territorial scope of offences

Draft Bill (TRIAL OF OFFENCES) Majority of offences are compoundable Majority of offences are compoundable Majority of the crimes are non-cognizable Majority of the crimes are non-cognizable 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 under this Law? Cyber Terrorism or Threat to Cyber Terrorism. Cyber Terrorism or Threat to Cyber Terrorism. Electronic Fraud, Electronic Forgery and Cyber Stalking if committed with any Minor Electronic Fraud, Electronic Forgery and Cyber Stalking if committed with any Minor The Punishment of these crimes are 7 years imprisonment or more, they are non- bailable and non compoundable. The Punishment of these crimes are 7 years imprisonment or more, they are non- bailable and non compoundable.

The composition of ICT Tribunal? It will have maximum of Seven Members including one as its Chairman. It will have maximum of Seven Members including one as its Chairman. Tribunal may be assisted by Amicus Curiae. Tribunal may be assisted by Amicus Curiae. Principal seat will be in Islamabad. Principal seat will be in Islamabad. The Chairman will have powers to make benches. The Chairman will have powers to make benches.

What Will be Achieved by this Law ? A sense of safety and protection will prevail in all sections of society that deal with IT. A sense of safety and protection will prevail in all 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 partners in IT It will enhance confidence of our international partners in IT IT will provide safer environment for electronic transactions consequently boost e-Banking and e-Commerce in Pakistan. IT will provide safer environment for electronic transactions consequently boost e-Banking and e-Commerce in Pakistan. It will help Pakistan in moving towards paper free economy more confidently. It will help Pakistan in moving towards paper free economy more confidently.

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