Importance of Cyber Laws.

CYBERCRIME LAWS IN PAKISTAN

 

The unprecedented development and advances on the web and social media have benefited us in more ways than we can think of, we can do everything that was deemed impossible in the past. The speed at which we can just type words and get desired results is something beyond us. But, with all these advantages we also have a little (not so little) problem. That is the rising cybercrimes. 

But what is Cybercrime? It refers to any criminal activity that involves the use of computers, networks, or digital devices. This can encompass a variety of illegal actions, like hacking into computer systems, stealing sensitive information like personal data and/or financial details, spreading viruses, conducting spams, fishing, and spoofing, committing fraudulent activities, uploading child pornography, molestation, revenge porn, intellectual property infringement, and hate speech. Believe it or not, these are just some of the few cybercrimes.

These days, a lot of people use the internet for their various needs. So, Cybercrimes are on a roll. Over the past decade, cybercrime has become a big business, amassing a $1.5 Trillion industry with an entire ecosystem of criminal organizations running like legitimate organizations. Some even offer technical leadership and step-by-step instructions. Yet, while the cybercrime industry has exploded in the past years, the truth is that cybercrime is not a new kind of threat. It goes back not just decades but centuries. 

The first cybercrime happened in France well before the internet was invented, in 1834. Attackers stole financial market information by accessing the French telegraph system. A century later, Ian Murphy became the first person ever to be convicted for committing a cybercrime after successfully hacking into AT&T’s internal systems and changing the computer’s clocks, causing massive havoc. 

 

 

 

IMPORTANCE OF CYBER LAWS

1. Safeguarding Personal Data and Privacy:

As we have completely indulged ourselves in technology, the need to protect privacy and personal data becomes paramount. Let me tell you one thing, nothing is deleted from the internet, even if you are sure that you may have removed a post or a picture that caused complications. Cyber law establishes regulations that ensure individuals have control over their personal information and prevent unauthorized access, use, or disclosure. Cyber laws like PECA, 2016 provides ways to combat data breach, theft, or piracy by giving authorities the power to identify hackers/robbers and to bring them to justice. As Gary Kovacs has said that “Privacy is not an option, and it shouldn’t be the price we accept for just getting on the internet”.

 

2. Protecting Rights:

The objective of cyber laws is to ensure that everyone has the right to surf the web, and the internet realm remains just and fair for people looking to do work, play, or relax without sacrificing their data and/or privacy.

 

3. Regulating Online Conduct:

The incalculability of cyber space necessitates standards and procedures. Cyber laws are there to provide a robust and ethical framework that dictates responsible internet usage, ensuring harmony and peaceful environment over the internet. Cyber laws discourage cyberbullying, harassment, and spreading of false information.

 

4. Combatting Cyber Crimes:

Cybercrime is one of the harshest and darkest realities of this century. People are finding it harder and harder to browse the web, do financial activities, or even some basic research without having to worry about breach or privacy threat. Children are also not safe from cybercrimes as hackers, stalkers, and/or morally ill pedophiles are creating fake or sometimes real illicit child pornography which they sell to other morally sick people for few bucks. Revenge porn also one of the heinous cybercrimes. To ensure that nobody is threatened from these crimes, cyber laws provides strict punishments and procedures to bring these perpetrators to justice.

 

5. Establishing Jurisdiction and Governance:

With the borderless nature of the internet, determining jurisdiction and establishing governance becomes a complex task. Cyber laws provide ground rules and regulations for defining jurisdiction, and boundaries ensuring that these laws are applicable and enforceable in cyberspace. It also outlines the roles and responsibilities of various stakeholders, including governments, businesses, internet service providers, and individuals.  

 

6. Protection of financial data:

Mobile banking is one the rise, so it is very convenient for hackers, and stealers to steal and/or hack your financial data to deprive you from your hard earned money. While banking channels are regulating their systems frequently. Strict laws and regulations are needed. This is where Cyber Laws come into play. They ensure that you browse the web safely and can enter your financial data easily for shopping or any other use, without having to worry about your precious data getting into anonymous hands.

 

7. Protection of Secret Data:

Government is also not safe from prying eyes and foreign enemy’s threats. We have seen countless examples of hackers digging deeper into government’s data and hacking valuable information not meant for public eyes.  Cyber laws also protect government from these offenders.

 

 

 

 

 

 

The Prevention of Electronic Crimes Act, 2016

Pakistan is immune to cybercrimes and their effect on our economy like every other country on the planet. We have an Act known as “The Prevention of Electronic Crimes Act, 2016”. It is a continuous legislation that provides the primary mechanism for online content regulation and the investigation and prosecution of cyber offenses in Pakistan. The legislation provides new and amended investigative powers to concerned and competent authorities that were unavailable before. Like the power to search and seize forensic digital data using advanced tools and means, production of electronic evidence as admissible under Article 164 of the Qanun-e-Shahadat, Ordinance, 1984, real-time collection of data, and other powers for efficacious investigation. 

 

SOME KINDS OF OFFENCES IN PECA, 2016 AND THEIR PUNISHMENT:

 

1. Unauthorized access to an information system or data: three months and/or rupees fifty thousand fine.
2. Unauthorized copying or transmission of data: six months and/or rupees one hundred thousand fine.
3. Interference with an information system or data: two years and/or rupees five hundred thousand fine.
4. Glorification of an offense: seven years and/or rupees ten million fine.
5. Hate speech: seven years and/or fine.
6. Electronic forgery: three years and/or rupees two hundred and fifty thousand fine.
7. Unauthorized issuance of sim cards: three years and/or rupees five hundred thousand fine.
8. Offenses against modesty of a natural person and minor: five years and/or rupees five million fine.
9. Child pornography: seven years and/or rupees five million fine.
10. Cyberstalking: three years and/or rupees one million fine.

Offenses under PECA except Sections 10, 21, and 22 and abetment thereof, shall be cognizable, bailable, and compoundable. 

Offenses against Section 17 shall be cognizable by the investigation agency on a written complaint by the authority.

The Federal Government has the discretionary power to establish one or more computer emergency response teams to respond to threats/attacks on any critical information systems, data, or any other critical information systems in Pakistan. 

While the PECA has been amended from time to time and the inclusiveness of the Act is commendable, PECA is not without flaws. Let’s review some of them. 

 

THE PROBLEMS:

1. Since PECA’s earliest draft of its law implementation, human rights defenders have criticized PECA for its severely adverse effects on the freedom of expression, the right of access to information, and the privacy of digital services users.

 

2. Different sections in the PECA criminalize online hate speech without providing concrete definitions and initiating adequate protections for the right of freedom of expression of citizens. The latest amendments to PECA 2016 have resulted in the arrest of many people including lawyers, laymen, journalists, political dissidents, and human rights activists for boldly criticizing the Pakistan Army.

 

3. Without a data protection and privacy law, the retention of traffic data poses concerns for the privacy of citizens as the data could be misused, as there have been numerous examples. This can result in continued surveillance of citizens and political adversaries.

  

4. Section 31 of the PECA, 2016 violates data privacy and its protection. It allows for misuse of the investigating authorities by permitting law enforcement officers to use written notices for data disclosures, without bringing the matter to the attention of the Honorable Court before acquiring private data.

 

5. Section 37 of the Act discusses unlawful online content. It gives vast powers to the PTA to block or remove online content, thereby restricting the right to freedom of expression. For example, the ongoing Twitter ban. Moreover, PECA allows complainants to file petitions with the PTA to block any content in question. PTA can act unilaterally against such content, without acquiring a court order.

 

6. Section 32 of the Act requires ISPs (Internet Service Providers) to retain specified traffic data for a minimum of one year and subject to the demands of the PTA. This is an indiscriminate requirement and violates the right to privacy.

 

RECOMMENDATIONS:

1. Ensure the provision of better resources to the FIA:

Without resources, even the most perfect laws are of no use and benefit. As the law enforcement agency competent under PECA, FIA is responsible for the actual investigations of cases. It has not done its work as expected. The good thing is that the Federal Government on Friday established the National Cyber Crimes Investigation Agency (NCCIA), rendering the FIA’s Cybercrime wing “defunct”. All existing personnel, assets, liabilities, rights, obligations, privileges, inquiries, and investigations related to the FIA’s now-defunct cybercrime wing would now stand transferred to the NCCIA. However, the existing personnel of the FIA Cybercrime Wing would continue to perform their duties for another year until the appointment of staff in the NCCIA. The NCCIA will be headed by a director-general, chosen by the federal government to serve a two-year term. The candidate would have to have not less than 15 years of experience in the fields of information technology, digital forensics, cyber technology, law, public administration, computer science, telecommunication, or related fields to enable him to deal with offenses under PECA. The notification from the federal government said that the NCCIA chief would have the powers of an inspector general of police. 

 

2. PECA is a political problem wedged in a broken criminal system:

PECA is the product of a false promise and an undemocratic legislative process. It has been used mostly to arrest, detain, and kidnap journalists, political opponents, and critical voices. A lot of it has to do with implementation, abuse of power, and license for blatant violations. This needs to change at the very root level.

 

3. Against the principle of natural justice:

You might have heard that a person is innocent until proven guilty. Well, that is not the case with PECA and not certainly with FIA, as both the complainant and the accused are made to wait for hours indiscriminately. Persons summoned are treated as guilty from the day the complaint is lodged. There is no effort to distinguish between an accused and a witness. 

 

4. Parliament has failed to extend oversight by ensuring the FIA submits bi-annual reports under Section 53 of PECA:

Section 53 of PECA requires bi-annual reports to be filed before both houses of the Parliament. In 2017, FIA submitted an in-camera report which was never released publicly.

 

5. Introduce an amendments bill for PECA:

Based on various problems with PECA and how the miscarriage of justice is done, the government should start a new process to introduce healthy, sane, and efficacious amendments to the law. Care should be taken without any haste.

 

6. Decriminalize online expression and defamation:

The criminalization of online expression has a chilling effect on the political and personal speech of citizens. This is unlike the very basic pillar of democracy, especially in Pakistan, which has a poor record for press freedom and human rights. The criminalization of PECA has resulted in the arrest of many political workers, journalists, human rights activists, and laymen. One argument can be made that if laws are softened, hate speech would become normal as well as blasphemy. This is a valid point, but the law should not be loose and/or too much free. Strict checks and balances should be made, but freedom of the press, expression, and pursuit of ideas should be welcome. 

 

7. Remove Section 37 from PECA:

Section 37 gives unfettered powers to the PTA to interpret the reasonable restrictions supplied in Article 19 of the Constitution. Such interpretation can only be done by the higher courts. 

 

8. Amend Section 31:

Section 31 should be amended to introduce an expedited process of obtaining court warrants for urgent cases and remove the post-fact intimation to court within 24 hours. 

 

WAYS TO KEEP YOUR DIGITAL PERSONA AND DATA SAFE FROM ONLINE PERPETRATORS:

 

1. Back up your data:

Do it regularly. Encrypt it and lock it away if possible. In case of a break-in, fire, flood, or data breach, you’ll minimize the risk of losing all your data.

 

2. Use strong passwords and multi-factor authentication.

Ensure that your devices have strong passwords, making it much more difficult for hackers to decode. Whenever possible, utilize two-factor authentication (2FA). This method requires another nearby device to unlock or access the feature.

 

3. Be wary of suspicious emails:

Look out for signs such as bad grammar, fake chances to win the lottery, demands to take urgent actions, and requests for payments. 

 

4. Install anti-virus and malware protection:

Keep your system free from viruses and don’t go for free anti-virus as they don’t do anything. 

 

5. Always buy authentic software:

It may be hard for single consumers or small enterprises, but free or hacked versions of software programs are always a threat to use. 

 

6. Share less information with applications:

Don’t share unnecessary data/info/permission with apps. These apps might spy on you even on the background and may cause data privacy.

 

7. Always update your programs and software:

If an application or program needs an update, don’t ignore the message. 

 

Conclusion:

Data protection is now more important than ever. Therefore, we need robust and stringent legislation in every country including Pakistan. PECA, 2016 is a hasty attempt for data protection and is a heavily flawed one. The Parliament needs to do some groundwork and will have to do some serious legislation so that the rights of the citizens are protected along with their data.