Any efforts ever made in regard to the promulgation of the newly awaited cyber crime bill have always been appreciated in all fields of the life. However the welcoming gesture got a big shock after I got hold of the copy of the draft of the newly awaited cyber crime law to be enforced in Pakistan. I was hoping that the new law will come with power to eradicate the Cyber crime from the society which exists in form of social crime, fiscal crime, national crime, individual crime, conventional crime and likewise any other form of crime involving information technology. However after going through the draft, I felt that Pakistan is going to be another heaven for the cyber criminals. In the era where developed countries are preparing their cyber warriors, we are taking cyber crime so lightly that unfortunately I found most of the offences in the new law as bailable offences. Hence such an attitude towards cyber crime will encourage the crime where you start measuring the punishment with the scale of money i.e. fines. I always felt that our society is badly lacking the expertise to properly fight with the cyber crime only because of no law but now we stand on a more dangerous position where we are providing them legal cover in form of small fines and ignorable punishments.
Personally as a practicing lawyer with expertise in cyber crime, I always felt that most of the respected judiciary with reference to cyber crime doesn’t have the proper exposure of the nature of criminals they are dealing with; instead they don’t take it as a heinous form of crime. However after such an impotent draft for the cyber crime bill, I think the judiciary will justify itself in the best possible manner and the cyber criminals will be enjoying an edge over prosecution, system and the victims of such crimes.
An effective law is not the one which punishes the criminals but create a fear factor in the society so that any person who get charged with any offence, must try his level best to prove his innocence but where the main element of determent has been ignored i.e. the punishment, no other factor can take its place and hence making the law easily playable by the criminals.
World is consider as a global village with no geographical boundaries especially talking in context of cyber crime. Recently the disclosure of the Edward Snowden (former member of NSA-US) is a clear and prime example of the level of security implemented in our information systems in Pakistan. Even though we have not learned any lesson from our past and still willing to compromise our cyber security on small amounts in forms of fines. For example if you have illegally accessed a program or data intentionally you will be charged with 9 months punishment or fine of two hundred thousand rupees only or both. We do have sections which needs appreciation but overall as all the offences are bail able except one, such a giving up attitude is not appreciate able.Pakistan is working on its National cyber security policy under the leadership of Ammar Jaffri and support of chairman senate defense committee, Senator Mushahid Hussain. However my personal opinion is that such a draft will badly affect the National Cyber Security Policy also as it is going to be the main and basic law for dealing with the cyber crime. Hence efforts should be made to make the law effective and powerful to combat the crime properly. My whole opinion should be consider in the best interest of the criminal justice system of Pakistan.