Manroop VishnoiIT 4th year

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 asCommitting fraudStealing identitiesViolating 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 favourite targets of Cyber criminals --- worstly effecting the technological progress in the area of e Commerce.

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, PrivacyCyber laws is an attempt to apply laws designed for the physical world to human activity on the Internet

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)

There 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

SectionsThere are 43 sections in this ordinanceIt 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

Important Sections are:36. Violation of privacy informationgains or attempts to gain accessto any information system with or without intentto acquire the informationGain KnowledgeImprisonment 7 yearsFine Rs. 1 million

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

38. Offences to be non-bailable, compoundable and cognizableAll 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.

Electronic Documentation & Records recognizedElectronic & Digital forms of authentication & identification given legal sanctityMessages through email, fax, mobile phones, Plastic Cards, Online recognized.

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

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.

Under 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.

OffenceImprisonment (years)FineCriminal Access33 LacCriminal Data Access33 LacData Damage33 LacSystem Damage33 LacElectronic Fraud77 LacElectronic Forgery77 LacMisuse of Device33 LacUnauthorized access to code33 LacMalicious code55 LacDefamation55 LacCyber stalking33 LacCyber Spamming6 months50,000Spoofing33 LacPornography10-----Cyber terrorismLife10 Million

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 years3 Lac

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

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

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

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

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

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

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