'Cyber terrorists' to get death penalty

[Sameer Bokhari]

this is from today's DAWN

 

 

‘Cyber terrorists’ to get death penalty

ISLAMABAD, Nov 6: Causing death through “cyber terrorism” will be punishable by death in Pakistan, according to a decree issued by President Asif Ali Zardari on Thursday.

The Prevention of Electronic Crimes law will be applicable to anyone who commits a crime detrimental to national security through the use of a computer or any other electronic device, the government said in the ordinance.

“Whoever commits the offence of cyber terrorism and causes death of any person shall be punishable with death or imprisonment for life,” according to a copy of the ordinance, published by the state-run APP news agency.

The law will apply to Pakistanis and foreigners whether living in Pakistan or abroad.

The ordinance described cyber terrorism as accessing of a computer network or electronic system by someone who then “knowingly engages in or attempts to engage in a terrorist act”.

The ordinance listed several definitions of a “terrorist act” including stealing or copying, or attempting to steal or copy, classified information necessary to manufacture any form of chemical, biological or nuclear weapon.

The ordinance also set out punishments for other offences including illegal electronic entry into systems of any sensitive installations, electronic fraud, electronic forgery, system damage, unauthorised access to codes and misuse of encryption.

Punishments for those crimes ranged from three to 10 years in prison.—Reuters

[Faisal Naik]

The editors at DAWN need to be more careful in selecting their news headings. Also a draft of this ruling would be better for review and further comments.
--

FN

[aamir attaa]

Not only DAWN but world over papers have taken the same heading...

[Sameer Bokhari]

The text of the ordinance is available here

 

The clause of death penalty reads as follows

 

"Whoever commits the offence of cyber terrorism and causes death of anyperson shall be punishable with death or imprisonment for life, and with fine and

in any other case he shall be punishable with imprisonment of either description for a term which may extend to ten years, or with fine not less than ten-million rupees, or with both."

[Haris Shamsi]

I second Sameers opinion here ....... this is nothing but ,mirch masala

There was a lot of cry over such ord. during musharrafs time from 'Social Society" ... am anxious to see their responses now :)

Good Day,
Haris Shamsi

[Salman Ansari]

This is a very serious issue and needs us to escalate this via the electronic media as well as print. I am aware of the underpinnings behind this renewal and it is dangerous for anyone and everyone because of the loosely worded powers that have been given in the Cyber Crime Ordinance. There is no effort to training and educate not only the Police, Judiciary, Lawyers, support ‘IT experts’ and most of the poor blokes against whom this will be used.

 

I am copying this mail on three key discussion groups since most people may not be aware of the work done to stop this contentious piece of legislation last year when the MoIT totally ignoring the facts and inputs (from IT professionals, lawyers, Civil Society)  just rammed this through as an Ordinance in the fading weeks of the last Government.

 

The details are too many for me to share on an open forum but needless to say even the easiest things that can be made to happen to terrorize people, are going to make Faisal’s ordeal seem like a picnic. Here the PTA/FIA used the harmless piece of legislation (ETO: Electronic Transactions Ordinance) to ensure that no bail was given even though this law had nothing to do with the purported act.

 

Now for example:  if your address gets spoofed via intelligent proxies and a mail is sent to an address which is rated by US or UK or Pakistan as being ‘subversive’, you are in a for a interesting time in a police cell until someone can trace and establish that you are not the one (in front of a judge who will not understand anything) and pay loads of cash for bribes so that you are not mentioned on an FIR. It will become even more ‘interesting’ if there is a Trojan in a person’s PC, which provides back door access and uses your machine as a mail server for webmail broadcast or simple mail. Any investigation will show that the particular IP address was in your use at that time, was the originating source of this or any mail. Well it will be the Pakistani Guantanamo for you. This is a real case I have had to deal with.

 

If you all are not awake after this small story, then wait for the really tough ones, which will make you seek visas for getting out since you are going to be more culpable being IT and Telecom ‘experts’ and should have ‘known better’.

 

We seriously need to bring this to the mass of talking heads on the TV so that the collateral work which needs to be done (in addition to making this into a sensible piece of legislation (fortunately it is still an Ordinance and will lapse in three months if not re-promulgated) on Data and Personal Protection Acts, etc.

 

Any and all of us who have links to Media (Print and Electronic) should make yourself abreast to the issues. We can create a small handout summarizing the issues and the corrections we asked for and  should start a campaign before there is a horrible example we will be fighting to resolve. This time there will be no one in the Political government, senior person in the Ministry or its support departments,  there to help.

 

Regards

 

Salman

 

PS: and by the way Haris, it was the Civil Society and not ‘Social Society’. You are firmly very much a part of this uncivil, civil society!

[Sajjad Zaidi]

I definitely agree, Salman sb. This issue was brought up last year, but it lost its steam after a while and didn't make it to the mainstream media. It has to be highlighted again. How do you suggest we raise this in a way that results in a positive outcome?

The possibilities you mention are a scary thought for all of us. To add to that, vague terms such as "misuse of encryption" can be an excuse against anyone accessing a website over https (such as Gmail) or using SSH to manage a server, a staple in my line of work.

Sajjad

[Mansoor Adenwala]

Salman Sb: I just read through the text of the ordinance and have a question on the scenario you’ve proposed.  While the ordinance does give out broad powers, what liability would a common man (e.g. any one of us using a laptop or desktop at home) have towards commissioning of a crime? I mean, unless there is a real reason to go after one, wouldn’t it make it too much of a burden on law enforcement agencies to take up each and everyone involved in.. lets say a DDOS attack?

 

Also, I’m a bit fuzzy on our procedural system. Does a suspect remain in custody till proven or can they be released on bail? You mentioned faisal’s case, and I would be obliged if you could explain that a bit further as to how they kept him locked up for so long?

 

I regret that I sound so naïve on this forum but I hope your insights will make my thinking a bit clearer on this matter.

 

Rgds

 

--
-mansoor
Visit me @ http://www.wordofmansoor.com  

"Live as if you were to die tomorrow. Learn as if you were to live forever." - Gandhi

[Sajjad Zaidi]

Reading your comments, I couldn't help thinking of the short poem First they came... by Martin Niemoller. The issue with this law isn't the intent, but the huge potential for its abuse. It may seem an insignificant step for all law-abiding common people, but it sets a precedent that can easily be used to trample on the rights of anyone with a PC, laptop or even a cell phone.

Being a prominent blogger, you may be aware of how such actions have negatively affected bloggers in other parts of the world. I had hoped that such a thing was avoidable in our country, but this action has made it a lot riskier to be vocal about anything. I'm sure Dr.Awab would agree. :)

My understanding is that simply to keep someone in custody, the authorities require a bit more than mere suspicion. This law however, grants special powers that need little to no evidence to detain someone.

Maybe someone else could shed more light on the legal procedures, though it probably should be discussed on a more appropriate forum.

Sajjad
http://sajjadzaidi.com

[Sameer Bokhari]

For the record only I havent yet expressed my opinion in this thread..

 

the entire justice system in Pakistan is in a dilapidated condition and this draconian, inept law is bound to have some very serious repercussions.

 

definitely not 'mirch masala'

 

-S B

 

 

----- Original Message -----

From: Haris Shamsi

To: telecom-gr...@googlegroups.com

Sent: Friday, November 07, 2008 9:58 AM

[Salman Ansari]

Dear Mansoor

 

Your questions are valid as are the other ones posed on this issue. The issue is quite complex and we should have a broad based education and dialog on this at least with the ICT community, legal experts (Zahid Jamil), Human Rights advocates . My suggestion is to Jehan Ara to have a one day seminar in Karachi (or Lahore or Islamabad)  where we can dissect all aspects of this Cyber Crime law and propose solutions.

 

An ideal way of doing this would be to have the three locations linked up via Video Conferencing. This could be done by any TV channel which wants to participate (they have facilities to do this. The other alternate is to request one of the Optical Fibre back bone providers (PTCL, Wateen, Multinet or Mobilink) to provide this free of charge to the other locations where people could participate locally.

 

In the meantime, the moderators can start a thread to discuss this and pool in knowledge for everyone’s information

 

Salman

[Salman Ansari]

We need to act while the issue is hot, otherwise there are many more crises waiting in the wings and this may get swept under the rug.

 

Salman

 

From: pakistan...@yahoogroups.com [mailto:pakistan...@yahoogroups.com] On Behalf Of Zahid Jamil
Sent: Friday, November 07, 2008 5:50 PM
To: pakistan...@yahoogroups.com
Cc: telecom-gr...@googlegroups.com; 'pakgrid'
Subject: RE: [pakistanictpolicy] RE: 'Cyber terrorists' to get death penalty

 

Would recommend 1^st or 2^nd week Jan.

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 5680760 / 5685276 / 5655025

Fax: +92 21 5655026

www.jamilandjamil.com

 

Notice / Disclaimer

This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail.  Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally to some other use of this publication) without prior written permission and consent of Jamil & Jamil is prohibited.

 

From: pakistan...@yahoogroups.com [mailto:pakistan...@yahoogroups.com] On Behalf Of Jehan
Sent: 07 November 2008 17:33
To: pakistan...@yahoogroups.com
Cc: telecom-gr...@googlegroups.com; pakgrid
Subject: Re: [pakistanictpolicy] RE: 'Cyber terrorists' to get death penalty

 

Hi Zahid,

We can organize a Roundtable on this. CIPE will fund it I am sure. They have been asking P@SHA to organize a Roundtable on some important issue. We all agree that this is extremely important.

Can we suggest a time and place and have a brief working paper as well as work on a list of invitees.

We can also invite the Media to be part of the exercise.

I am out of the city from tomorrow night until the 20th so any time after that is fine. I will be accessing email regularly though so am contactable.

Best regards,
Jehan

On Fri, Nov 7, 2008 at 4:54 PM, Zahid Jamil <za...@jamilandjamil.com> wrote:

The previous Ordinnace lapsed since it was not promukgated during the Emergency period.  I believe this is good since it allows input to be taken on board by the MoITT before the next re-promulgation.

 

The question is if there is enough real interest in getting this improve?  If so do enough of us see value in organising an event?  Who will fund?  So we can actually have industry and civil society led consultation and also invite the MoITT.

 

Am at ICANN meeting as an elected Councillor – currently discussing Cybersecurity issues.  So am concerned.  It is becoming more and more clear that this Ordinance is far removed from any international best practice model.

 

Zahid Jamil

Barrister-at-law

Jamil & Jamil

Barristers-at-law

219-221 Central Hotel Annexe

Merewether Road, Karachi. Pakistan

Cell: +923008238230

Tel: +92 21 5680760 / 5685276 / 5655025

Fax: +92 21 5655026

www.jamilandjamil.com

 

Notice / Disclaimer

This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail.  Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally to some other use of this publication) without prior written permission and consent of Jamil & Jamil is prohibited.

 

From: pakistan...@yahoogroups.com [mailto:pakistan...@yahoogroups.com] On Behalf Of Mustafa Syed
Sent: 07 November 2008 15:45
To: pakistan...@yahoogroups.com
Subject: Re: [pakistanictpolicy] RE: 'Cyber terrorists' to get death penalty

 

Hi,

I am confused why another Ordinance when Musharraf's Ordinance of 2007 is still IN FORCE like all his ordinances, thanks to his PCO, can anyone update me on that?

Take care

Mustafa Syed

 

---

From: Salman Ansari <sal...@super.net.pk>
To: telecom-gr...@googlegroups.com; pakgrid <pak...@yahoogroups.com>; pakistan...@yahoogroups.com
Sent: Friday, November 7, 2008 11:09:06 AM
Subject: [pakistanictpolicy] RE: 'Cyber terrorists' to get death penalty

This is a very serious issue and needs us to escalate this via the electronic media as well as print. I am aware of the underpinnings behind this renewal and it is dangerous for anyone and everyone because of the loosely worded powers that have been given in the Cyber Crime Ordinance. There is no effort to training and educate not only the Police, Judiciary, Lawyers, support 'IT experts' and most of the poor blokes against whom this will be used.

 

I am copying this mail on three key discussion groups since most people may not be aware of the work done to stop this contentious piece of legislation last year when the MoIT totally ignoring the facts and inputs (from IT professionals, lawyers, Civil Society)  just rammed this through as an Ordinance in the fading weeks of the last Government.

 

The details are too many for me to share on an open forum but needless to say even the easiest things that can be made to happen to terrorize people, are going to make Faisal's ordeal seem like a picnic. Here the PTA/FIA used the harmless piece of legislation (ETO: Electronic Transactions Ordinance) to ensure that no bail was given even though this law had nothing to do with the purported act.

 

Now for example:  if your address gets spoofed via intelligent proxies and a mail is sent to an address which is rated by US or UK or Pakistan as being 'subversive', you are in a for a interesting time in a police cell until someone can trace and establish that you are not the one (in front of a judge who will not understand anything) and pay loads of cash for bribes so that you are not mentioned on an FIR. It will become even more 'interesting' if there is a Trojan in a person's PC, which provides back door access and uses your machine as a mail server for webmail broadcast or simple mail. Any investigation will show that the particular IP address was in your use at that time, was the originating source of this or any mail. Well it will be the Pakistani Guantanamo for you. This is a real case I have had to deal with.

 

If you all are not awake after this small story, then wait for the really tough ones, which will make you seek visas for getting out since you are going to be more culpable being IT and Telecom 'experts' and should have 'known better'.

 

We seriously need to bring this to the mass of talking heads on the TV so that the collateral work which needs to be done (in addition to making this into a sensible piece of legislation (fortunately it is still an Ordinance and will lapse in three months if not re-promulgated) on Data and Personal Protection Acts, etc.

 

Any and all of us who have links to Media (Print and Electronic) should make yourself abreast to the issues. We can create a small handout summarizing the issues and the corrections we asked for and  should start a campaign before there is a horrible example we will be fighting to resolve. This time there will be no one in the Political government, senior person in the Ministry or its support departments,  there to help.

 

Regards

 

Salman

 

PS: and by the way Haris, it was the Civil Society and not 'Social Society'. You are firmly very much a part of this uncivil, civil society!

 

From: telecom-grid- pakistan@ googlegroups. com [mailto:telecom- grid-pakistan@ googlegroups. com] On Behalf Of Haris Shamsi
Sent: Friday, November 07, 2008 9:58 AM
To: telecom-grid- pakistan@ googlegroups. com
Subject: Re: 'Cyber terrorists' to get death penalty

 

I second Sameers opinion here ....... this is nothing but ,mirch masala

There was a lot of cry over such ord. during musharrafs time from 'Social Society" ... am anxious to see their responses now :)

Good Day,
Haris Shamsi

On Fri, Nov 7, 2008 at 9:50 AM, Sameer Bokhari <sameersb@gmail. com> wrote:

The text of the ordinance is available here

 

The clause of death penalty reads as follows

 

"Whoever commits the offence of cyber terrorism and causes death of anyperson shall be punishable with death or imprisonment for life, and with fine and

in any other case he shall be punishable with imprisonment of either description for a term which may extend to ten years, or with fine not less than ten-million rupees, or with both."

On Fri, Nov 7, 2008 at 8:33 AM, Faisal Naik <fnaik1@gmail. com> wrote:

The editors at DAWN need to be more careful in selecting their news headings. Also a draft of this ruling would be better for review and further comments.
--

FN

 

On Fri, Nov 7, 2008 at 8:22 AM, Sameer Bokhari <sameersb@gmail. com> wrote:

this is from today's DAWN

 

 

'Cyber terrorists' to get death penalty

ISLAMABAD, Nov 6: Causing death through "cyber terrorism" will be punishable by death in Pakistan, according to a decree issued by President Asif Ali Zardari on Thursday.

The Prevention of Electronic Crimes law will be applicable to anyone who commits a crime detrimental to national security through the use of a computer or any other electronic device, the government said in the ordinance.

"Whoever commits the offence of cyber terrorism and causes death of any person shall be punishable with death or imprisonment for life," according to a copy of the ordinance, published by the state-run APP news agency.

The law will apply to Pakistanis and foreigners whether living in Pakistan or abroad.

The ordinance described cyber terrorism as accessing of a computer network or electronic system by someone who then "knowingly engages in or attempts to engage in a terrorist act".

The ordinance listed several definitions of a "terrorist act" including stealing or copying, or attempting to steal or copy, classified information necessary to manufacture any form of chemical, biological or nuclear weapon.

The ordinance also set out punishments for other offences including illegal electronic entry into systems of any sensitive installations, electronic fraud, electronic forgery, system damage, unauthorised access to codes and misuse of encryption.

Punishments for those crimes ranged from three to 10 years in prison.—Reuters

 

 

 

 

 

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--
Jehan Ara
President
Pakistan Software Houses Association for IT & ITES (P@SHA)
Mobile: +92-300-8220180
Email: pres...@pasha.org.pk
P@SHA Blog: http://www.pashanews.org
Personal Blog: http://jehanara.wordpress.com

 

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[pingpong]

I appreciate Sameer for bringing the topic into the discussion.
His inituitive may result in elimination of the ordinance. The
wordings "The ordinance listed several definitions of a "terrorist

act" including stealing or copying, or attempting to steal or copy,
classified information necessary to manufacture any form of chemical,

biological or nuclear weapon" are a big risk for information geeks.
Many students, researchers IT professionals and others seek for
technical information on many issues either for educational, research
or informational purposes. Many chemical engineers, metallurgy
researchers, doctors and biological researchers, computer & IT
personnels access, share and communicate a lot of information
technnical information daily overthe internet which someone may claim
to be threat for a country. I will like to say that most of the
advanced level IT, biological or chemical information can me claimed
as destructive! e.g a person discusses or shares information on
Intrusion Detection Mechanisms, he may me claimed as a hacker!!!.
I think Salman Ansari has a very strong point and the inituitive from
Jehan Ara will play a vital role.

Regards,
Awais Naseer

> Punishments for those crimes ranged from three to 10 years in prison.-Reuters

[Mudassar]

i appreciate your stand point (all of you). i am a journalist and
publish a technology & telecom magazine by the name of MORE
http://www.apnawaqt.com/content/News/News_Item.asp?content_ID=2532

I would like to be a part of this movement to safeguard our tech
community.
I can be reached at
Mudassar Jehangir Mufti
mudass...@gmail.com
03008074964