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

The Issue

The Internet is not creating new forms of crimes against women and childrenBUTit is creating new ways and means for crimes to be perpetrated

The Flip Side

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

ICT & VAW

ICTs – encompass a broad range of technologies – internet, mobile, radio, television, wireless technologies

VAW – “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 Connection Information & Communication

Technologies increasingly woven into all aspects of our lives

Has the potential to change inequality by enabling more people to have a say in how we shape our world

ICTs currently have the same power imbalance that leads to VAW

Cybercrimes that affect women Harrassment via emails & smses

Cyber-stalking

Cyber pornography & Defamation

Morphing

Exploitation of women through use of YouTube, Facebook & other social media

Email spoofing/tampering

Visual 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 potential

Sharing information & knowledge

Capacity Building & Education

Media Alternatives

Networking & Building Solidarity

Creating a power balance

Prevention of E-Crime Ordinance (PECO) Definitions are inaccurate & vague

Safeguards for rights, liberties and Freedom of Expression not built in

Sweeping arbitrary powers of investigation & prosecution

Huge lacunas & no chain of custody defined

Privacy & confidentiality missing

Abuse possible & extremely likely

So let me set the sceneWorld in chaos

Security the buzz word

New legislations being pushed through

Citizens & businesses – rights being impinged

The Internet is creating opportunities that can & have empowered us

Legislation is trying to take these away under the guise of “protecting us”

In the Pakistan context

The Prevention of E-Crime Ordinance (PECO)

Blocking of IPs

Monitoring of Telephony (data and voice) Traffic

PECO – impact on businesses & individualsDefinitions very vague & often

inaccurate

Terms like immoral, obscene & harmful are used

Crimes defined very loosely and end with phrases like “but not limited to”

No protection for individual & business rights

No chain of custody laid down

Rights to privacy under threat

How can PECO be mis-used?

Terms like immoral, obscene & harmful can be used to criminalize anything

Broad powers given to law enforcement

No judicial oversight

Can be misused for political victimization, to get back at business partners, against individuals and women who do not tow the line

Most offences unbailable

Retention of traffic data

Service provider must retain its traffic data for a minimum of 90 days

The Government may extend the period to retain such data as and when they deem appropriate

How PECO violates the Constitution

Article 13 – Protection against double punishment

Article 19 – Freedom of Speech

Article 24 – Protection of Property

ICT Tribunal

Federal Government shall appoint Chairman and members

Judiciary and Chief Justice need not be consulted

Hiring, Firing, Promotion & bonuses all the purview of the Federal Government

Do we need cyber crime legislation?

Yes – but the right kind of legislation

No need to reinvent the wheel

Council of Europe Legislation on Cyber Crime, Legislation on Data Protection, Legislation on Privacy & Confidentiality

International collaboration against cyber criminals

What action have we taken?

Joining hands – business, civil society, legal experts, bloggers, the media

Policy advocacy using all channels

Creating an awareness within the National Standing Committee on IT

Constantly 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 victory

The 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-drafted All stakeholders should be consulted &

draft put up for public feedback

Definitions of crimes need to be clear to ensure against arbitrary arrests

Clear safeguards against surveillance.

Judicial warrants an absolute must

Collection of data should be restricted only to suspects, not mass surveillance

Individuals have a right to recourse

Who needs to be involved Technology industry – P@SHA/ISPAK

Women Empowerment groups

Development Organisations

Civil Society & Human Rights groups

Corporate sector & Legal experts

Parliamentarians

MoITT, FIA, PSEB, Law Ministry

Once PECO is re-drafted Pakistan needs to sign:

- CoE Convention on Human Rights - CoE convention on Data Protection

- CoE Convention on Cybercrime 2001- Global ITU Cyber Security 2007

In addition, Privacy & Confidentiality legislation is required

Any Questions? www.af.org.pk

www.takebackthetech.net

www.bytesforall.net

www.pasha.org.pk

jehanara.wordpress.com