Cyber Laws enforcement in Sub-continent

by S.J.Tubrazy*

The intent behind to enact laws always been to decrease and minimizing the injustices among the human beings and insure the natural justice for humanity. The enactment of cyber laws in the world community in their respective countries is desired of the age as someone can’t hummer without its nail, the information technology can not get if required constructive objects without proper and required advanced edifice of legal system.

Cyber law is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. It is less a distinct field of law in the way that property or contract are, as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to apply laws designed for the physical world to human activity on the Internet.

India and Pakistan both countries have enacted the cyber laws, information Technology Act 2000 is functioning there in India since 2000 and Electronic Transaction Ordinance 2002 and Prevention of Electronic Crimes Ordinance 2007 providing new legal mechanism for cyber space issues in Pakistan. Both the countries may have face the same electronic tribulations but the legal mechanism of the both countries are not obviously the same dealing in the same way.



A bird eye view of the ITA 2000 of India depict the purposes of act to foster an environment in which law are sample and transparent and in which the advantages of new technology can be tapped, the ITA 2000 (India) deals with the following issues:

  1. Secure electronic transaction –these enables parties to enter into electronic contracts.
  2. Attribution of electronic messages.
  3. Electronic signatures and electronic records given legal status.
  4. Contraventions regarding electronic records, viz, hacking, theft of electronic records, manipulation of records and spreading viruses etc.
  5. Information technology offences.
  6. Facilitates e-commerce as well as electronic filing and maintenance of records as against the government.
  7. Tempering with computer source documents.
  8. Hacking with computer system.
  9. Publishing of information which is obscene in electronic form.
  10. Liabilities of internet service provider for content on the internet is limited in so far as the provider exercises all due diligence.etc

The nature of cyber laws apparently are civil nature and mostly focus on the e-commerce contracts and issues but altogether these laws are providing a systematic legal mechanism in India. In Indian legal procedure, healthy and constructive access through the internet is not straightway be called as offence, i.e, actus reus and mens rea is relied upon in Indian legal procedure.

The Electronic Transaction Ordinance 2002 in Pakistan enforced in 2002 it was categorically focus on the electronic transaction and e-commerce issues, the nature of the statute is not as such to curb the criminal activities of cyber criminals, Soon after the promulgation the of the ETO 2002 a sense of invulnerability to the electronic sensitive systems by the cyber criminals was felt and prevention of Electronic Crime Ordinance 2007 was enacted. The ETO 2002 and PECO 2007 are doling out mostly with issues as;

  1. The recognition and presumption of electronic forms.
  2. Legal recognition of electronic signatures.
  3. Attestation of notarization.
  4. Acknowledgement of receipt.
  5. Attribution of communication, etc
  6. Criminal access, criminal data access, data damage and system damage.
  7. Electronic Fraud, electronic forgery and misuse of electronic system and electronic device.
  8. Unauthorized access to code and misuse of encryption.
  9. Malicious code, cyber stalking and spamming spoofing.
  10. Cyber terrorism, etc





Conclusion:
The legal mechanism of PECO 2007 and ETO 2002 based on edifice of stricto senso applicability and enforceability of provisions of the laws which may result of inconvenience and misuse the real judiciousness of the cyber laws in Pakistan.

*(Author: Mr S.J.Tubrazy is practicing lawyer in Pakistan)


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