cybercrimes and violence against women

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Cybercrimes and Violence Against Women. Jehan Ara, President, Pakistan Software Houses Association for IT & ITES. The Issue. The Internet is not creating new forms of crimes against women and children BUT it is creating new ways and means for crimes to be perpetrated. The Flip Side. - PowerPoint PPT Presentation

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  • Cybercrimes and Violence Against WomenJehan Ara, President, Pakistan Software Houses Association for IT & ITES

  • The IssueThe Internet is not creating new forms of crimes against women and children BUT it is creating new ways and means for crimes to be perpetrated

  • The Flip SideThe Internet is also creating new ways and means for people to: - Organize - Network - Campaign - Bring about Social Change

  • ICT & VAWICTs encompass a broad range of technologies internet, mobile, radio, television, wireless technologiesVAW any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty

  • ICT-VAW ConnectionInformation & Communication Technologies increasingly woven into all aspects of our livesHas the potential to change inequality by enabling more people to have a say in how we shape our worldICTs currently have the same power imbalance that leads to VAW

  • Cybercrimes that affect womenHarrassment via emails & smsesCyber-stalkingCyber pornography & DefamationMorphingExploitation of women through use of YouTube, Facebook & other social mediaEmail spoofing/tamperingVisual Surveillance & Tracking

  • What does this mean?Should women be protected from the evils of technology? and thereby from its benefits?Should they miss out on: - Personal Freedom - Educational Opportunities - Employment Opportunities - Entertainment Opportunities - Communication & Networking

  • Reclaiming the power of ICTs (Take Back the Tech)Take control, define, access, use & shape ICTs to achieve our potentialSharing information & knowledgeCapacity Building & EducationMedia AlternativesNetworking & Building SolidarityCreating a power balance

  • Prevention of E-Crime Ordinance (PECO)Definitions are inaccurate & vagueSafeguards for rights, liberties and Freedom of Expression not built inSweeping arbitrary powers of investigation & prosecutionHuge lacunas & no chain of custody definedPrivacy & confidentiality missingAbuse possible & extremely likely

  • So let me set the sceneWorld in chaosSecurity the buzz wordNew legislations being pushed throughCitizens & businesses rights being impingedThe Internet is creating opportunities that can & have empowered usLegislation is trying to take these away under the guise of protecting us

  • In the Pakistan contextThe Prevention of E-Crime Ordinance (PECO)Blocking of IPsMonitoring of Telephony (data and voice) Traffic

  • PECO impact on businesses & individualsDefinitions very vague & often inaccurate Terms like immoral, obscene & harmful are usedCrimes defined very loosely and end with phrases like but not limited toNo protection for individual & business rightsNo chain of custody laid downRights to privacy under threat

  • How can PECO be mis-used?Terms like immoral, obscene & harmful can be used to criminalize anythingBroad powers given to law enforcementNo judicial oversightCan be misused for political victimization, to get back at business partners, against individuals and women who do not tow the lineMost offences unbailable

  • Retention of traffic dataService provider must retain its traffic data for a minimum of 90 daysThe Government may extend the period to retain such data as and when they deem appropriate

  • How PECO violates the ConstitutionArticle 13 Protection against double punishmentArticle 19 Freedom of SpeechArticle 24 Protection of Property

  • ICT TribunalFederal Government shall appoint Chairman and membersJudiciary and Chief Justice need not be consultedHiring, Firing, Promotion & bonuses all the purview of the Federal Government

  • Do we need cyber crime legislation?Yes but the right kind of legislationNo need to reinvent the wheelCouncil of Europe Legislation on Cyber Crime, Legislation on Data Protection, Legislation on Privacy & ConfidentialityInternational collaboration against cyber criminals

  • What action have we taken?Joining hands business, civil society, legal experts, bloggers, the mediaPolicy advocacy using all channelsCreating an awareness within the National Standing Committee on ITConstantly keeping the topic hot

  • Talking about it on mass media

  • Creating an awareness

  • Spreading the message virally

  • Spreading the message virally

  • Joining hands

  • The results

  • The results

  • Finally a small victoryThe Prime Minister announces in Parliament that he too has reservations against the Prevention of Electronic Crime Ordinance (PECO) & is sending it back to the Federal Committee for reassessment & Public feedback

  • PECO needs to be re-draftedAll stakeholders should be consulted & draft put up for public feedbackDefinitions of crimes need to be clear to ensure against arbitrary arrestsClear safeguards against surveillance.Judicial warrants an absolute mustCollection of data should be restricted only to suspects, not mass surveillanceIndividuals have a right to recourse

  • Who needs to be involvedTechnology industry P@SHA/ISPAKWomen Empowerment groupsDevelopment OrganisationsCivil Society & Human Rights groupsCorporate sector & Legal expertsParliamentariansMoITT, FIA, PSEB, Law Ministry

  • Once PECO is re-draftedPakistan needs to sign:- CoE Convention on Human Rights - CoE convention on Data Protection - CoE Convention on Cybercrime 2001 - Global ITU Cyber Security 2007In addition, Privacy & Confidentiality legislation is required

  • Any Questions?www.af.org.pkwww.takebackthetech.netwww.bytesforall.netwww.pasha.org.pkjehanara.wordpress.com