Present Cyber Laws and Discovery of Digital Evidence in Pakistan

Introduction of Cyber laws and Discovery of Digital Evidence Forensic

Laws

Cyber Law Statutes• Electronic Transaction Ordinance 2002• Payment System Electronic Funds Transfer Act

2007• Anti-Money Laundering Act 2010• Pakistan Protection Act 2014• PTA Regulation S.R.O 713 (1)/2009 • Investigation of Fair Trial Act 2013• Qanun -e-Shahdat Order 1984 amended

ETO 2002 Cyber Law Offences

• Section 34, 35 of ETO covered the offences by corporate body, punishment is 10 year and fine 10 million or both

• Sec. 36 of ETO is about Violation of privacy of information, unauthorized access to information system, punishment 7 years and fine one million

• Sec. 37 of ETO Damage to information system, unauthorized alter, delete, modify, remove , transmit etc; punishment 7 years and one million

PSEFTA 2007 Cyber Law Offences

• 56. Criminal Liability; providing false information, corporate offence, punish 3 yrs fine 3 million

• 57. Violations Affecting Electronic Commerce; whoever uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained Debit Instrument to obtain money etc, punish 7 yrs, one million

• 58. Cheating by Use of Electronic Device; Whosoever cheats , fraudulently or dishonestly uses any credit or debit card, or code or any other means of access to an Electronic Fund Transfer device and thereby causes any wrongful gain to him, punish 7 yrs and fine

Anti Money Laundering Act 2010

• The section 2 f (v) of Anti-money Laundering Act 2010 recognizes the electronic money and the record maintained in the electronic device.

Pakistan Protection Act 2014

• Crimes via internet and information technology against state and state owned institutions may be cybercrimes. The section 2(i) provides a schedule in The Pakistan Protection Act 2014 which sets the schedule cybercrimes as;

• (ix) destruction of or attack on communication and interaction lines, devices, grids, stations, or systems etc

• (xiv) crimes against computers including cybercrimes, internet offenses and other offences related to information technology etc

PTA Regulations

• PTA has issued S.R.O 713 (1)/2009 against spams which is called, Protection from Spam, Unsolicited, Fraudulent an Obnoxious Communication Regulations 2009

• PTA in its letter No. 1609/11/N&TA to all CMTOs has restrain from sending SMS contain bar-code or Masking

COPYRIGHT PROTECTION UNDER COPYRIGHT ORDINANCE 1962

• Section 66 of the Ordinance, as amended by the Amendment Act, provides that any person who knowingly infringes or abets the infringement of the copyright in a work (defined to include computer programmes), or any other right conferred by the Ordinance shall be punishable with imprisonment which may extend to 3 years with fine

QANUN -E-SHAHDAT ORDER 1984

• While enacting the ETO 2002 the QSO 1984 has been amended

• Art 2 (e); (f) the expression, “automated”, “electronic”, “information”, “information system”, “electronic document”, “electronic signature etc shall bear the meanings given in the ETO 2002

• Addition in Art. 30; “Statements gene rated by automated information systems may be attributed to the person exercising power or control over the said information system”

QSO 1984• Addition in Art. 46 A for Relevance of information generated,

received or recorded by automated information system.• Art 59 is about the authenticity or integrity of electronic record.• Art. 73 A printout or other form of output of an automated

information system shall not be denied the status of primary evidence.

• Art. 78-A. Proof of electronic signature and electronic document.• Art. 85 is about certificates deposited in a repository. • Case Law; Alamgir Khalid Chughtai V State 2009 PLD 254

Lahore

Investigation of Fair Trial Act 2013

• Preamble; An Act to provide for investigation for collection of evidence by means of modern techniques and devices

• To regulate advance and modern investigative techniques such as covert surveillance and human intelligence, property interference, wiretapping and communication interception

• 16. Authorization under the warrant; video recording, intercepting telephone, obtaining email, SMS, electronic communication, electronic database etc

IFTA 2013

• Sec 22. Registration of Case on the based on evidence collected in pursuant of warrant

• 23. Admissibility of warrant based information• 25. Report of expert ; In case where an

analysis of the intercepted material collected pursuant to the warrant of surveillance or interception is required, then the same shall be carried out by a person referred to in section 3(f) being suitably qualified

IFTA 2013

• 31. Warrants to be served outside Pakistan• 32. Warrants received from outside Pakistan• Case Laws• Qurban Ali V State 2007 PCRLJ 675 KARACHI; held E-mail could

be retrieved from it by using computer Forensics Tools, Prosecution, in the case had not taken any effort to prove E-mail in accordance with law.

• WAQAS AHMED SIDDIQUI Vs THE STATE through Cyber Circle FIA 2012 YLR 320 KARACHI; objectionable email

• Mst. MARIUM HAJI V Mrs. YASMIN R. MINHAS 2003 PLD 148 KARACHI (Evidence based on modern devices, Pics can be manipulated)

Shahid Jamal Tubrazy

Adv. Shahid Jamal Tubrazy is Masters in Law(LLM), Lahore High Court Lawyer, Lecturer of Cyber Laws, Speaker, Author & Expert in Cyber Law & Cyber Security, President – Cyber Law Consulting(Advocates & Attorneys)Email: shahy_legal@yahoo.com