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Comparison Between Latest 2016 Cyber Law of Pakistan and 2007 Cyber Law

Cyber law, also known as cyber crime law, is legislation focused on the acceptable behavioral use of technology including computer hardware

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Muhammad Usman
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182 views7 pages

Comparison Between Latest 2016 Cyber Law of Pakistan and 2007 Cyber Law

Cyber law, also known as cyber crime law, is legislation focused on the acceptable behavioral use of technology including computer hardware

Uploaded by

Muhammad Usman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Topic:

Comparison between latest 2016


cyber law of Pakistan and 2007
cyber law
Cyber Crime:
 Activity in which computers or networks are a tool, a target, or a place of
criminal activity.
 Cybercrime may harm someone's security and financial health.
 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
 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 favorite targets of Cyber criminals - worthy
effecting the technological progress in the area of e - Commerce.

Cyber Laws in Pakistan:


 There are different laws, promulgated in Pakistan.
 These laws not only deal with crime of Internet
 These deal with all dimensions related to computer & networks.
 Three of them are most known.
 They are:
 Electronic Transaction Ordinance 2002
 Electronic / Cyber Crime Bill 2007
 Prevention of Electronic Crimes Act (PECA) 2016.

Comparison between latest 2016 cyber law of Pakistan and


2007 cyber law:
Rapid evolution of information technology is transforming our society and its
institutions which have created many problems, inter alia, is a Cybercrime. It has a
wide range of applications in every walk of life, and has directly or indirectly
affected almost all sectors of the society. Nevertheless, developing countries are
not acquainted with technology, these lag in technological progress which leads to
computer crimes and other associated complications. Numerous electronic crimes
which are prevailing in Pakistan are not covered under any suitable legislation.
Even though the recently enacted Prevention of Electronic Crimes Act, 2016
(PECA) does not cover many of the existing crimes.
Consequently, in 2007, the then President of Pakistan promulgated “the Prevention
of Electronic Crimes Ordinance, 2007”, to give legal cover too few of the existing
crimes.

Electronic/Cyber Crime Bill 2007


“Prevention of Electronic Crimes Ordinance, 2007″ is in force now.
It was promulgated by the President of Pakistan on the 31st December 2007.
The bill deals with the electronic crimes included:
 Cyber terrorism
 Data damage
 Electronic fraud
 Electronic forgery
 Unauthorized access to code
 Cyber stalking
 Cyber Spamming/spoofing Overview

It offers penalties ranging from six months imprisonment to capital punishment


for 17 types of cybercrimes.
It 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. Electronic/Cyber Crime Bill 2007.

Prevention of Electronic Crimes Act, 2016


National Assembly enacted the PECA to provide a comprehensive legal
framework to define various kinds of electronic crimes, mechanisms for
investigation, prosecution and adjudication in relation to electronic crimes
 Supports Cyber Crime Bill 2007
 The legislation established new offences including
 illegal access of data (hacking)
 DOS and DDOS attacks
 electronic forgery and electronic fraud
 cyber terrorism Prevention of Electronic Crimes Act PECA
The legislation provides new investigative powers which were unavailable before
such as
 search and seizure of digital forensic evidence using technological means,
 production orders for electronic evidence,
 electronic evidence preservation order,
 partial disclosure of traffic data,
 real time collection of data under certain circumstances and other enabling
power which are necessary to effectively investigate cybercrime cases.

Punishments:
Data Damage:
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 years
 3 Lac Sections
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 years
 7 Lac
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:
 7years
 7 Lac
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 years
 5 Lac
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.
 3 Years
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.
Punishment:
 6 months
 50,000
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.
 3 Years
 3 Lac
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.
Punishment:
Whoever commits the offence of cyber terrorism and causes death of any person
shall be punished with death
Or imprisonment for life, and with fine
Otherwise, he shall be punishable with imprisonment of ten years or with fine ten
million rupees.

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