TAHIR AMIN

ISLAMABAD: In a bid to curb cyber terrorism in the country, a parliamentary panel Thursday approved, “The Prevention of Electronic Crime Bill, 2015” proposing up to a maximum punishment of 14-year jail and Rs 50 million penalty.

The proposed law, according to some parliamentarians, would be a tougher one, which raised anger among some quarters and can be judged from the fact that it was trending at the top with hash-tag #WeRejectCyberBill on social media (Twitter) in Pakistan soon after the committee approved it.

The National Assembly Standing Committee on Information Technology and Telecommunication that met with Captain Mohammad Safdar (Retd) in the chair, discussed the bill and proposed punishments for cyber crime. The committee sent the bill to the National Assembly.

The Electronic Crime Bill said whoever prepares or disseminates intelligence through any information system or device where the commission or threat is with the intent to (a) glorify an offence or the person accused or convicted of a crime, (b) support terrorism or activities of proscribed organizations and (c) advance religious, ethnic or sectarian hatred shall be punished with imprisonment for a term which may extend to five years or with fine up to Rs 10 million or both.

Under the proposed law Pakistan Telecommunication Authority (PTA) has been empowered to manage intelligence, and issue directions for removal or blocking of access of any intelligence through any information system. The Authority or any officer authorised by it in this behalf may direct any service provider, to remove any intelligence or block access to such intelligence, if it considers it necessary in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign states public order, decency or morality or in relation to contempt of court or commission of or incitement to an offence under this Act.

Earlier the “Cyber crimes bill” was presented before the committee, however it was observed that there were repetitions and redundancy in the draft and it was referred to a committee of legal and technical experts for its re-drafting. The committee finalized the bill and presented before the committee.

Briefing the committee Barrister Zafarullah Khan Special Assistant to Prime Minister said that the bill is being drafted according to the Constitution of Pakistan. The committee has only omitted repetition and redundancy from the proposed law in the limits of the Constitution.

State Minister for Information Technology Anusha Rehman Khan said that earlier all the stakeholders were taken onboard with respect to the proposed law.

Now the ministry has played only the role of secretariat, she said, adding the bill is no more in hands of the ministry and it is the property of the parliament.

She further said that if anybody has objection over the proposed law, must go to the parliament through their representatives (MNAs).

According to the proposed law whoever sells or otherwise provides S1M card, re-usable identification module (R-IUM) or other portable memory chip designed to be used in cellular mobile or wireless phone for transmitting intelligence without obtaining and verification of the subscriber’s antecedents in the mode and manner for the time being approved by the Authority shall be punished with imprisonment for a term which may extend to three years or with fine up to Rs 0.5 million or both.

According to the bill anybody found guilty of unauthorised access to information system or data shall be punished with imprisonment for a term which may extend to three years or with fine up to one fifty thousand rupees or both. Any person found guilty of unauthorized copying or transmission shall be imprisonment for a term of may extend to six months or with fine up to Rs 0.1 million or with both. Any person found guilty of electronic fraud shall be punished with imprisonment for a term which may extent to two years with fine up to Rs 10 million or both. Whoever found in making, obtaining or supplying devices for use in offence be punished with imprisonment for a term may extend to 6 months or with fine upto Rs 50000 or both.

Tempering etc. of communication equipment: Whoever unlawfully or without authorization changes alters, tampers with or re-programs unique device identifier of any communication equipment including a cellular or wireless handset, and starts using or marketing such device for transmitting and receiving intelligence shall he punished with imprisonment which may extend to three years or with fine up to Rs 1 million or both.

Unauthorized interception: Whoever intentionally commits unauthorized interception by technical means of; (a) any transmission that is not intended to be and is not open to the public from or within an information system; or

(b) Electromagnetic emissions from an information system that are carrying data, shall be punished with imprisonment of either description for a term which may extend to two years or with fine up to five hundred thousand rupees or with both.

Offences against dignity of natural person: (1) Whoever intentionally publicly exhibits or displays or transmits any false intelligence, which is likely to harm or intimidate the reputation or privacy of a natural person shall be punished with imprisonment for a term which may extend to three years or with fine up to one million rupees or with both: Provided, nothing under this sub-section (1) shall apply to anything aired by a broadcast media or distribution services licensed under Pakistan Electronic Media Regulatory Authority Ordinance, 2002(XlIl of 2002) (2) Any aggrieved person or his guardian, where such person is a minor, may apply to the Authority for passing of such orders for removal, destruction or blocking access to such intelligence referred to in sub-section (1) and the Authority on receipt of such application, may take such measures deemed appropriate for securing, destroying, blocking access or preventing transmission of such intelligence.

Offences against modesty of a natural person and minor: (1) whoever intentionally and publicly exhibits or displays or transmits any intelligence which (a) superimposes a photograph of the face of a natural person over any sexually explicit image (b) distorts the face of a natural person or includes a photograph or a video of a natural person in sexually explicit conduct or (c) intimidates a natural person with any sexual act, shall be punished with imprisonment for a term which may extend to seven years or with line up to five million rupees or both.

International cooperation.- (1) The Federal Government may on receipt of request, extend such cooperation to any foreign Government 24x7 network, any foreign agency or any international organisation or agency for the purpose of investigations of proceedings concerning offences related to information systems, electronic communication or data on for the collection of evidence in electronic form relating to an offence or obtaining expeditious preservation and disclosure of data by means of an information system or real-time collection of data associated with specified communications or interception of data under this Act.

The Federal Government may, at its own, forward to a foreign Government, 24x7 network, any foreign agency or any international agency or organization any information obtained from its own investigations if it considers that the disclosure of such information might assist the other Government, agency or organization etc., as the case be in initiating or carrying out investigations or proceedings concerning any offence.

The Federal Government may require the foreign Government, 24x7 network, any foreign agency or any international agency to keep the information provided confidential or use it subject to some conditions.

The Federal Government shall be responsible for sending and answering requests for mutual assistance, the execution of such requests or their transmission to the authorities competent for their execution.

The Federal Government may refuse to accede to any request made by a foreign Government, 24x7 networks, any foreign agency or any international organization or agency if the request concerns an offence which may prejudice its national interests including its sovereignty, security, public order or an ongoing investigation or trial.

The federal government may establish or designate a law enforcement agency as the investigation agency for the purpose of investigation of offences under this Act. Unless otherwise provided for under this Act, the investigation agency and the authorised officer shall in all matters follow the procedure laid down in the Cod to the extent that it is not inconsistent with any provision of this Act. The federal government shall make rules for appointment and promotion in the investigation agency.

Chairman PTA Dr Syed Ismail Shah informed the committee that significant decline was observed in grey trafficking during last few months after the withdrawal of International Clearing House (ICH) policy. The number of white minutes increased from 437.8 million in January to 852.2 million by March and 385 million by April 12, 2015. Anusha said that the white minutes are likely to increase 1.5 billion by end June. She further said that about 40.4 billion grey minutes were being carried during the 13 months of ICH policy which caused about Rs 400 billion. The committee opined that NAB and FIA may initiate strict action against grey traffickers and recover the amount illegally earned during and before the Court’s stay period.