Cyber Laws & Cyber

Crimes in Pakistan

Presented By: NIAZ

MUHAMMAD KHAN
 Contents
 Cyber Crime
 Cyber Laws
 Cyber Laws in Pakistan

( Conventional)
 Telegraph Act, 1885

 Cyber laws in Pakistan (Modern)

 Electronic Transaction Ordinance
2002
(Cont)
 Cont
 Payment System & Electronic Fund
Transfer Bill 2007.
 Prevention of Electronic Crimes Bill

2015
 Conflict of laws
 Cyber Crime
 Activity in which computers or
networks are a tool, a target, or a
place of criminal activity.
 Cyber crime also stated as any use of
a computer as an instrument to
further illegal ends, such as
• Committing fraud
• Stealing identities
• Violating privacy (Cont)
 Cont
 It also includes traditional crimes in
which computers or networks are
used to enable the illicit activity.
 As the computer has become central
to commerce, entertainment, and
government.
 Cyber crime has grown in
importance.
(Cont)
 Cont

 Examples:
• E-mail account of a Federal Minister is
hacked.
• Credit cards frauds reach to an alarming
level.
• Visiting CEOs of Multinational Companies
gets threatening E-mails.
• Financial institutions are the favourite
targets of Cyber criminals --- worstly
effecting the technological progress in the
area of e –Commerce.
 Cyber Laws
 The legal issues related to use of
communications technology, particularly
"cyberspace", i.e. the Internet.
 It is an intersection of many legal fields, like:
• Intellectual property,
• Privacy
 Cyber laws is an attempt to apply laws
designed for the physical world to human
activity on the Internet
 Cyber Laws in Pakistan
(Conventional)

 Telegraph Act 1885.

 Section 3 (1)“telegraph” means any

apparatus, equipment or plant used for

transmitting, emitting, making or
receiving signs, signals, writing,
speech, sound or intelligence of any
nature by wire, radio or visual or
electro-magnetic system.
(Cont)
 Cont
 Sections 25 D. Penalty for causing annoyance,
etc. -
Any person, including a telegraph officer, who
uses any telephone, public or private, for causing
annoyance or intimidation to any person, whether
a subscriber or not, or for obnoxious calls shall,
without prejudice to any other action which the
telegraph authority is competent to take under this
Act, be punishable with imprisonment for a term
which may extend to three years, or with fine, or
with both. (Cont)
 Cont
 Section 29. Sending fabricated or
obscene messages.-
If any person transmits or causes to be
transmitted by telegraph a message
which he knows or has reason to believe
to be false and fabricated, or a message
which is indecent or obscene, he shall be
punished with imprisonment for a term
which may extend to three years, or with
fine, or with both
 Electronic Transaction Ordinance
2002
 Overview
• The Electronic Transactions Ordinance (ETO), 2002,
was the first IT-relevant legislation created by
national lawmakers.
• A first step and a solid foundation for legal sanctity
and protection for Pakistani e-Commerce locally and
globally.
• Laid the foundation for comprehensive Legal
Infrastructure.
• It is heavily taken from foreign law related to cyber
crime.
 Pre-ETO 2002
 No recognition of electronic documentation
 No recognition of electronic records
 No recognition of evidential basis of
documents/records
 Failure to authenticate or identify digital or
electronic signatures or forms of
authentication
 No online transaction could be legally binding
 Electronic Data & Forensic Evidence not
covered. No Rules
 ETO 2002
 Law
• It deals with following 8 main areas relating to e-
Commerce.
 Recognition of Electronic Documents
 Electronic Communications
 Digital Signature regime and its evidential
consequences
 Web Site & Digital Signatures Certification Providers
 Stamp Duty
 Attestation, notarization, certified copies
 Jurisdiction
 Offences (Cont)
 Cont

 Important Sections are:

• 36. Violation of privacy information
 gains or attempts to gain access to any
information system with or without intent to
acquire the information or to gain knowledge
 Imprisonment 7 years
 Fine Rs. 1 million (Cont)
 Cont
• 37. Damage to information system, etc.
 alter, modify, delete, remove, generate, transmit
or store information
 to impair the operation of,
 or prevent or hinder access to,information
 knowingly not authorised
 Imprisonment 7 years
 Fine Rs. 1 million (Cont)
 Cont
• 38. Offences to be non-bailable,
compoundable and cognizable
 All offences under this Ordinance shall be non-
bailable, compoundable and cognizable.

• 39. Prosecution and trial of offences.

 No Court inferior to the Court of Sessions shall
try any offence under this Ordinance.
(Cont)
 Cont
Section 31 bars application of certain
laws.
(a) a negotiable instrument as defined in
section 13 of the Negotiable Instruments Act,
1881 (XXVI of 1881);
(b) a power-of-attorney under the Powers of
Attorney Act, 1881 (VII of 1882);

(c) a trust as defined in the Trust Act 1882 (II of

1882), but excluding constructive, implied and
resulting trusts; (Cont)
 Cont
(d) a will or any form of testamentary
disposition under any law for the time
being in force; and
(e) a contract for sale or conveyance
of immovable property or any
interest in such property.
 ETO & Qanun-e- Shahadat Order
 Amendment of Article 2.
in clause (1), after sub-clause (d), the following new
sub-clauses (e) and (f) shall be added, namely:
“(e) the expression, “automated”, “electronic”
“information”, “information system”, “electronic
document”, “electronic signature”, “advanced
electronic signature” and “security procedure”,
shall bear the meanings given in the Electronic
Transactions Ordinance, 2002;
(f) the expression “certificate”, where the context so
admits, includes the meaning given to it in the
Electronic Transactions Ordinance, 2002.” (Cont)
 Cont
 Amendment of Article 30.
“Explanation.—Statements generated by
automated information systems may be
attributed to the person exercising power or
control over the said information system.”
Insertion of new Article 46-A.
 “46-A. Relevance of information generated,

received or recorded by automated information

system .—Statements in the form of electronic
documents generated, received or recorded by an
automated information system while it is in
working order, are relevant facts. (Cont)
 Cont
Amendment of Article 59.
(a) after the word “impressions” the comma
and the words “, or as to authenticity and
integrity of electronic documents made by or
through an information system” shall be
inserted ; and
(b) for the words “are relevant facts” the
words and commas “or as to the functioning,
specifications, programming and operations
of information systems, are relevant facts”
shall be substituted. (Cont)
 Cont
 Amendment of Article 73.
“Explanation 3.—A printout or other form of output
of an automated information system shall not be
denied the status of primary evidence solely for
the reason that it was generated, sent, received
or stored in electronic form if the automated
information system was in working order at all
material times and, for the purposes hereof, in
the absence of evidence to the contrary, it shall
be presumed that the automated information
system was in working order at all material times.
(Cont)
 Cont
“Explanation 4.—A printout or other form
of reproduction of a Electronic
Document, other than a Document
mentioned in Explanation 3 above, first
generated, sent, received or stored in
electronic form, shall be treated as
primary evidence where a security
procedure was applied thereto at the
time it was generated, sent, received or
stored.”(Ct)
 Cont
Insertion of new Article.
“78-A. Proof of electronic signature and
electronic document.—If an electronic
document is alleged to be signed or to have
been generated wholly or in part by any
person through the use of an information
system, and where such allegation is
denied, the application of a security
procedure to the signature or the electronic
document must be proved.” (Cont)
 Cont
 Amendment of Article 85.

“(6) certificates deposited in a

repository pursuant to the provisions
of the Electronic Transactions
Ordinance, 2002.”
 Post ETO 2002
 Electronic Documentation & Records
recognized
 Electronic & Digital forms of
authentication & identification given
legal sanctity
 Messages through email, fax, mobile
phones, Plastic Cards, Online
recognized.
 Payment System & Electronic Fund
Transfer Bill 2007
 .

 To regulate Payment Systems and

Electronic Fund Transfers in Pakistan
and to provide standards for
protection of the consumer and to
determine respective rights and
liabilities of the financial institutions
and other Service Providers, their
consumers and participants. (Cont)
 Contents

 Payment systems
 Payment Instruments
 Electronic Fund Transfer
 Liability of Consumer and financial
institution
 Secrecy (Cont)
 Cont
 Section 56. Criminal Liability.- Whoever
knowingly and willfully gives false
information or inaccurate information or
fails to provide information which he is
required to disclose by this Act or any
instruction issued thereunder, or otherwise
fails to comply with any provision of this Act
shall be punished with imprisonment of
either description which may extend to
three years, or with fine which may extend
to three million rupees, or with both.
(Cont)
 Cont
 Section 57. Violations Affecting
Electronic Commerce. – 7 Years &
one million fine

 Section 58. Cheating by Use of

Electronic Device – 7 years & fine
not less than wrongful loss.
(Cont)
 Cont
 63. Trial of Offence.-
• Court of Session
• Cognizable on police report or
complaint
• All offences are bailable, non-
cognizable and compoundable with
permission of court.
 PECO 2007/8
 “Prevention of Electronic Crimes Ordinance,
2007 & 2008″ -Both lapsed but included the
following.

• Cyber terrorism
• Data damage
• Electronic fraud
• Electronic forgery
• Unauthorized access to code
• Identity Crime
• Unauthorized interception
(Cont)
 Cont
• Cyber stalking
• Cyber Spamming
• Cyber Spoofing
(Cont)
 Cont
 Electronic fraud:
• People for illegal gain get in the way or use
any data, electronic system or device or
with intent to deceive any person, which act
or omissions is likely to cause damage or
harm. (Cont)
 Cont
 Electronic Forgery:
• Whoever for unlawful gain interferes with data,
electronic system or device, with intent to cause
harm or to commit fraud by any input, alteration, or
suppression of data, resulting in unauthentic data
that it be considered or acted upon for legal
purposes as if it were authentic, regardless of the
fact that the data is directly readable and intelligible
or not. (Cont0
 Cont
 Malicious code:
• Whoever willfully writes, offers, makes
available, distributes or transmits malicious
code through an electronic system or
device, with intent to cause harm to any
electronic system or resulting in the theft or
loss of data commits the offence of
malicious code. (Cont
 Cont
 Cyber stalking:
• Whoever with intent to harass any person uses
computer, computer network, internet, or any other
similar means of communication to communicate
obscene, vulgar, profane, lewd, lascivious, or
indecent language, picture or image.
• Make any suggestion or proposal of an obscene
nature
• Threaten any illegal or immoral act
• Take or distribute pictures or photographs of any
person without his consent or knowledge
• Commits the offence of cyber stalking. (Cont)
 Cont
 Spamming:
• Whoever transmits harmful, fraudulent,
misleading, illegal or unsolicited
electronic messages in bulk to any
person without the express permission of
the recipient, involves in falsified online
user account registration or falsified
domain name registration for commercial
purpose commits the offence of
spamming. (Cont)
 Cont
 Spoofing:
• Whoever establishes a website, or sends an
electronic message with a counterfeit
source intended to be believed by the
recipient or visitor or its electronic system
to be an authentic source with intent to gain
unauthorized access or obtain valuable
information
• Later, Information can be used for any
lawful purposes commits the offence of
spoofing. (Cot)
 Cont
 Cyber terrorism:
• Any person, group or organization who, with
terroristic intent utilizes,
• accesses or causes to be accessed a computer or
computer network or electronic system or device or
by any available means,
• knowingly engages in or attempts to engage in a
terroristic act commits the offence of cyber
terrorism
 Conflict of Laws
 How proper law is determined.lex
fori- lex patriae-- lex domicilii-- lex
situs- lex loci actus-lex loci delicti- lex
loci contractus (Cont)
 Jurisdiction Issues in cyber crime
 The extent to which the criminal or regulated activity
takes place, or has a substantial,direct, and foreseeable
effect, within the territory of the forum;

 The extent to which the defendant or the injured party

has a “genuine link” (i.e., an ongoing and real
relationship) with the forum;

 The character of the activity (that is, its importance to

the forum, whether other countries regulate it, and the
extent to which countries generally regard it as
appropriate for regulation); (Cont)
 Cont
 The extent to which justified expectations will be protected
or harmed by the regulation;

 The extent to which another country has an interest in

regulating the activity and the likelihood of a conflict with those
regulations;

 The importance of the regulation to the international

community; and

 The extent to which the regulation is consistent with the

traditions of the international community.
Thanks