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.