2Cyber CrimeActivity 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 asCommitting fraudStealing identitiesViolating privacy
3Cyber CrimeIt is also include 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.
4Cyber Crime 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 s.Financial institutions are the favourite targets of Cyber criminals --- worstly effecting the technological progress in the area of e –Commerce.
5Cyber LawsThe 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,PrivacyCyber laws is an attempt to apply laws designed for the physical world to human activity on the Internet
6Cyber Laws in the World Electronic Commerce Act (Ireland) Electronic Transactions Act (UK, USA, Australia, New Zealand, Singapore)Electronic Transactions Ordinance (Hong Kong)Information Technology Act (India)Information Communication Technology Act Draft (Bangladesh)
7Cyber Laws in PakistanThere are different laws, promulgated in Pakistan.These laws not only deal with crime of InternetThese deal with all dimensions related to computer & networks.Two of them are most known.They are:Electronic Transaction Ordinance 2002Electronic / Cyber Crime Bill 2007
8Electronic Transaction Ordinance 2002 OverviewThe 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.
9Pre-ETO 2002 No recognition of electronic documentation No recognition of electronic recordsNo recognition of evidential basis of documents/recordsFailure to authenticate or identify digital or electronic signatures or forms of authenticationNo online transaction could be legally bindingElectronic Data & Forensic Evidence not covered. No Rules
10ETO 2002 Sections There are 43 sections in this ordinance It deals with following 8 main areas relating to e-Commerce.Recognition of Electronic DocumentsElectronic CommunicationsDigital Signature regime and its evidential consequencesWeb Site & Digital Signatures Certification ProvidersStamp DutyAttestation, notarization, certified copiesJurisdictionOffences
11ETO 2002 Important Sections are: 36. Violation of privacy information gains or attempts to gain accessto any information system with or without intentto acquire the informationGain KnowledgeImprisonment 7 yearsFine Rs. 1 million
12ETO 2002 37. Damage to information system, etc. alter, modify, delete, remove, generate, transmit or store informationto impair the operation of,or prevent or hinder access to, informationknowingly not authorisedImprisonment 7 yearsFine Rs. 1 million
13ETO 2002 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.
14Post ETO 2002 Electronic Documentation & Records recognized Electronic & Digital forms of authentication & identification given legal sanctityMessages through , fax, mobile phones, Plastic Cards, Online recognized.
16Overview“Prevention of Electronic Crimes Ordinance, 2007″ is in force nowIt was promulgated by the President of Pakistan on the 31st December 2007The bill deals with the electronic crimes included:Cyber terrorismData damageElectronic fraudElectronic forgeryUnauthorized access to codeCyber stalkingCyber Spamming/spoofing
17Electronic/Cyber Crime Bill 2007 It offers penalties ranging from six months imprisonment to capital punishment for 17 types of cyber crimesIt will apply to every person who commits an offence, irrespective of his nationality or citizenship.It gives exclusive powers to the Federal Investigation Agency (FIA) to investigate and charge cases against such crimes.
18PunishmentsUnder this law there are defined punishment for the offence.Every respective offence under this law has its distinctive punishment which can be imprisonment or fine.
19Imprisonment (years) Fine OffenceImprisonment (years)FineCriminal Access33 LacCriminal Data AccessData DamageSystem DamageElectronic Fraud77 LacElectronic ForgeryMisuse of DeviceUnauthorized access to codeMalicious code55 LacDefamationCyber stalkingCyber Spamming6 months50,000SpoofingPornography10-----Cyber terrorismLife10 Million
20Sections Data Damage: Punishment: Whoever with intent to illegal gain or cause harm to the public or any person, damages any data, shall come under this section.Punishment:3 years3 Lac
21Electronic/Cyber Crime Bill 2007 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.Punishment:7 years7 Lac
22Electronic/Cyber Crime Bill 2007 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.Punishment:7years7 Lac
23Electronic/Cyber Crime Bill 2007 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.Punishment:5 years5 Lac
24Electronic/Cyber Crime Bill 2007 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 natureThreaten any illegal or immoral actTake or distribute pictures or photographs of any person without his consent or knowledgeCommits the offence of cyber stalking.3 Years3 Lac
25Electronic/Cyber Crime Bill 2007 Spamming:Whoever transmits harmful, fraudulent, misleading,illegal or unsolicited electronic messages in bulk to any personwithout 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.Punishment:6 month50,000
26Electronic/Cyber Crime Bill 2007 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 sourcewith intent to gain unauthorized access or obtain valuable informationLater, Information can be used for any lawful purposes commits the offence of spoofing.3 Years3 Lac
27Electronic/Cyber Crime Bill 2007 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.PunishmentWhoever commits the offence of cyber terrorism and causes death of any person shall be punished with deathOr imprisonment for life, and with fineOtherwise he shall be punishable with imprisonment of ten years or with fine ten million rupees
28Crimes Reported in Pakistan A total of 57 cases have been registered under the ETO 2002 in the years 2005 & 2006.Offences20062005TotalIPR Crimes142034Spurious Drugs373067Cyber Crimes332457Counterfeit Currencies729Others105148253Total:196224420