The rapid development in the field of information and communication technologies has brought enormous advantages and opportunities as well as new risks and threats in the form of cyber disputes and cyber crimes.
Though a comprehensive policy and an effective legal mechanism is required to regulate the whole activity in the cyber world however, unfortunately, growing number of users of ICT in Pakistan are operating in a legal vacuum after the lapse of Prevention and Control of Cyber Crimes Ordinance in 2009.
In this backdrop, speakers at a roundtable held at the Institute of Policy Studies, Islamabad, emphasised effective legal mechanism as well as general awareness about cyber crimes and its concomitant dimensions and urged the government departments to enhance its capacity to deal with situations that may undermine the security of individuals as well as organisations, the nation and the state.
It may be mentioned that many such incidents like hacking of the websites of the Supreme Court of Pakistan, President’s House and other key state institutions have already taken place.
The session was chaired by IPS National Academic Council member and senior IPS associate Commodore (retd) Khalid Iqbal and addressed by Wahaj-us-Siraj, CEO Nayatel and convener of Internet Service Providers Association of Pakistan (ISPAK), Tariq Bilal advocate, Special Prosecutor FIA’s Cyber Crime Wing, Khalid Rahman, DG IPS and Nadia Khadim advocate.
It was attended by ICT experts, professionals and representatives of government agencies, security analysts and civil society members.
The roundtable primarily aimed at creating better understanding of prevailing situation by bringing the gravity of cyber crimes and consequences of the absence of corresponding laws to limelight and at bringing different stakeholders at a platform in order to initiate a dialogue on the issue and bring forth recommendations for legislation and implementation of such laws in Pakistan.
Tariq Bilal remarked that there were no standard legal procedures in the national legal framework to deal with cyber crimes crimes in the country. He cited a number of cases, especially pertaining to social media network and other digital means of communication, which he pleaded to substantiate that not merely laymen but also highly educated individuals serving on important position have become victims of cyber crimes due to lack of awareness.
“The national agency responsible to check criminal activity through cyber means lacks expertise and manpower cannot compete with the level of excellence being employed by cyber criminals,” he stated.
He deplored the negligence and inattention at the top level vis-à-vis the significant issues of cyber crime, adding that despite a rapidly growing cyber activity in the country, Pakistan was not part of international initiatives with respect to it. “So much so that we do not have an official representation in international conferences on the subject”, he said.
Wahaj-us-Siraj advocated a cyber crime law in line with fundamental human rights, which does not give the authorities ultimate authority to curtail the liberties and freedoms that constitute human rights of the people.
Highlighting the shortcomings of Prevention and Control of Cyber Ordinance, he emphasised the need to draw a line between freedom of speech and crime. He suggested that important national networks should be effectively guarded and high security measures need to be taken for prevention.
Air Commodore (retd) Khalid Iqbal who was in the chair concluded the session by identifying some loopholes as well as contradictions in the Prevention and Control of Cyber Ordinance in 2009 and stressed the need to formulate a more comprehensive and effective law.
He pointed out that the Indian government, while negotiating the investment deal with Blackberry Company, ensured to insert a clause in the agreement that when needed in the interest of national security the investing firm would oblige the government’s request to provide users’ data to it. This should have also been done by Pakistan government, but this important aspect of national security was not taken into consideration.
