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Opening Electronic
Open Space for Free Riders
Open Space for Free Riders
By
Saleem I. Janjua[1]
Information technology simply called (IT) has attained un-precedent importance in the global arena. In Pakistan, IT attained the attention of Federal Government in early 2000 as a result a definite framework emerged consisting of policy, legislative, financial and operational guidelines which had provided a stable umbrella for its growth titled "IT Policy and Action Plan". One of the essential purposes of introducing this policy was making legislation to bring the IT sector within the four corner of law. The reasons thereof were excessive use of internet in daily life, especially in trade and commerce, not only the people of Pakistan but also in government sector. To provide protection and enhance the confidence of users, providers, and facilitators of information services, legislation based on the recommendations of the Working Group comprising IT and legal experts would be framed. Resultantly, the Prevention of Electronic Crimes Ordinance, 2007 was enacted to make provision for prevention of the electronic crimes.
This legislation was comprised of seven chapters, consisted of 50 sections and one schedule dealt with various issues. The main chapters were Ch. 2 offences and punishments, Ch. 3 prosecution and trial of offences, Ch. 4 establishment of investigation and prosecution agencies, Ch. 5 International Co-operation & Ch. 6 Information and Communication Technologies Tribunal.
The offences covered in offences and punishments chapter were criminal access, criminal data access, data damage, system damage, electronic fraud, electronic forgery, misuse of electronic system or electronic device, unauthorized access to code, misuse of encryption, malicious code, cyber stalking, spamming, spoofing, unauthorized interception, cyber terrorism, other offences and offences by corporate body. These offences were divided into four categories: compoundable & non-compoundable, cognizable and non-cognizable. The criteria followed for this division was the term of imprisonment for offenders. The Federal Government had established a specialized investigation and prosecution cell within Federal Investigation Agency to investigate and prosecute these offences. The Federal Government had also established Information and Communication Technology Tribunal and the power to take cognizance of and try any offence under this Ordinance conferred on this tribunal.
The Prevention of Electronic Crimes Ordinance first time promulgated on 31 December, 2007 by the then President of Pakistan in exercise of powers conferred by clause (1) of Article 89 of the Constitution of Pakistan. It was re-enacted by the President on 5 November, 2008, 27 February, 2009 etc. and ultimately lapsed on 4 November, 2009.
The Eighteenth Amendment received the assent of the President of Pakistan on 19 April, 2010 and became the part of the Constitution of Pakistan. It gave the Constitution a new shape after changing a number of provisions thereof. The Article 89 of the Constitution of Pakistan did not save itself from the effect of Eighteenth Amendment and took the new shape. Accordingly, the power of President, to make and promulgate the Ordinance, becomes the subject to two conditions, i.e., the Senate or National Assembly is not in session and the circumstances exist which render it necessary to take immediate action. Any Ordinance, promulgated under this Article, shall have the same force and effect as an Act of Majlis-e-Shoora (Parliament) and shall stand repealed at the expiration of one hundred and twenty days from its promulgation. The power to re-enact the Ordinance is given to the National Assembly. The National Assembly may by a resolution extend the Ordinance for a further period of one hundred and twenty days and it shall stand repealed at the expiration of the extended period. This extension for further period may be made only once.
In the case of Afaq Riaz Ahmed and another versus Federation of Pakistan, 2011 CLC 150 Karachi, the Karachi High Court had observed therein as under:
The Prevention of Electronic Crimes Ordinance being a temporary law and it having lapsed on 4-11-2009, the proceeding under such Ordinance could not be continued in law. Therefore, to the extent of the proceeding against the petitioners under the Prevention of Electronic Crimes Ordinance is concerned, the same is quashed. Petitioner may however be proceeded under other provision of law as mentioned in the complaint in accordance with law.
I want to share the views of a techno-legal expert and partner Aqlaal Advocates, Mr. Ejaz Khan, the expression thereof he made in a conference held by PILDAT on The Prevention of Electronic Crimes dated October 26, 2009, as under:
Essentially he proposed a careful amendment of the Pakistan Penal Code, to ensure coverage of electronic offences in terms of existing crimes, rather than a specialist law, whilst highlighting the need for safeguards for civil liberties and fundamental rights. His main concern related to the discretionary application of normal criminal processes in cyber crimes cases, which can be dispensed with by the Federal Government. He also drew attention to the lack of any third party protections, right to privacy or confidentiality or redress for economic damage arising from data loss or hardware damage. He proposed the use of the Budapest Convention as a model for future amendment, legislation and protection in relation to cyber crime, alongside robust capacity building of specialist knowledge in terms of the FIA's specialist cyber crime cell.
It is expected that the standing committee on Information Technology and Telecommunication to some extent had completed its consultative process with stakeholders and the final draft of Prevention of Electronic Crimes bill would be finalized within a short span of time, if all members of National Assembly press this issue before the Assembly. In case of failure, there has been an open space for free riders.
Hopefully, the nation will soon get a gift from this democratic government in the shape of an Act on Prevention of Electronic Crimes.
[1] The writer is an advocate working as an associate with International Legal Services headed by Dr. Tariq Hassan. Email: m.janjuah@gmail.com
About the Author
Student of Law
LL. B, LL. M (Corporate Law) International Islamic University, Islamabad.
Where to get electronic products with cheap prices for my opening local store?
I am thinking about opening a store with general electronic products from marks like Apple,Nokia,Samsung,LG etc etc
I want to be a good contestant so i have to get my goods with a better price so i can sell them real cheap.
I would appreciate every information.
Thank you
You get electronics from distributors or wholesalers. The more you buy of an item the lower the price you pay. You don't say where you are so all I can do is tell you to check online for a distributor in your area or find one that will ship to you if you want to go out of your area. If you buy cheap electronics from some fly-by-night you'll pay more than you should for counterfeits or very shoddy merchandise.
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