I have been busy in last couple of week so abandon the posting, but after having a glance of this news, new venture of present regime, I could not stop myself writing about this. Although this could be the my last writing under this new law
Anyway first lets have a glance over the news.
Now don’t go with the flowery language used, as its the same ordinance presented in Musharaf’s emergency tenure, re-drafted. I am not going into details of the ordinance but lets just have a look over this.
President Asif Ali Zardari promulgated the Prevention of Electronic Crimes Ordinance on Thursday, making cyber-terrorism punishable with death or imprisonment for life. The penalty is limited to an offence that ’causes death of any person’, according to the ordinance that will be considered effective from September 29.
“Whoever commits the offence of cyber terrorism and causes death of any person shall be punishable with death or imprisonment for life, and with fine,” the new law states. In other cases, “he shall be punishable with imprisonment of either description for a term which may extend to 10 years, or with fine not less than Rs 10 million, or with both”. “Any person, group or organization who, with terroristic intent, utilizes, accesses or causes to be accessed a computer or computer network or electronic system or electronic device or by any available means, and thereby knowingly engages in or attempts to engage in a terroristic act commits the offence of cyber terrorism.”
‘Terroristic intent‘ has been defined as: “To act with the purpose to alarm, frighten, disrupt, harm, damage, or carry out an act of violence against any segment of the population, the government or entity associated therewith”. “Aiding the commission of or attempting to aid the commission of an act of violence against the sovereignty of Pakistan, whether or not the commission of such act of violence is actually completed; or stealing or copying, or attempting to steal or copy, or secure classified information or data necessary to manufacture any form of chemical, biological or nuclear weapon, or any other weapon of mass destruction also includes cyber terrorism,” states the ordinance.
Fraud, stalking, spamming: Criminal access to an electronic system will be punishable with up to two years in prison and a Rs 300,000 fine, according to the ordinance. Criminal data or system damage is punishable with up to three years. Electronic fraud will be punishable with up to seven years of imprisonment and/or fine, ‘misuse’ of electronic systems with up to three years, unauthorized access to code with up to three years, and producing malicious code with up to five years.
Cyber stalking is punishable with up to seven years in prison and a Rs 100,000 fine, and up to 10 years if the victim is a minor. Spamming will be punishable with up to a Rs 50,000 fine for the first offence, and three months in prison for subsequent offences.
I am just going to raise a couple of question, not trying to be biased at all.
Why Ordinance?
As we now know that, Pakistan has again started its journey towards democracy, and we have a sovereign parliament in place, which can produce a joint declaration over policy of war on terrorism ( although we yet to see any implementation ) , why this issue didn’t taken up to the representatives of people instead?
Why even ordinance not redrafted with taking consideration from all the stakeholders? This should be the behavior we can expect from a government of party having pride of long democratic struggle.
Above all , we cannot find any terrorist incident linked with any alleged proper cyber crime activity, then what were the motives behind this “quick” action?
Have this any linked to the effort to curb the unpopularity of current regime specially Mr. Zardari. ( Every one is aware of “intellectual” SMS we receive daily
)?
Why not the services of “Mr. Khal Naik”, I beg my pardon ( Farooq Naik ), not taken to at least make it legally a well drafted documents?
Why Negotiation skill of “First Lady” of Pakistan Mrs.. Sherry Rehman, not taken ? what else an information ministry is there for?
Above all if we for the time being accept the “necessity” and “urgency” of this law, what measures have been taken to train law enforcement agencies, specially in this country, where you can fool a constable by showing the card of merchant navy officer as army officer?
If our police can “find” cocaine from anyone’s possessions, they can make change cases of murder to accident, accidents to murder, robbery to theft and theft to robbery, how can we expect that they can do any good with these type of investigation?
How much it would be easy make any person, indulge with these type of “terrorist” act without even him noticing?
What is expected to be happened?
FIA in action , hunting down the terrorists, initiating SMS against Mr. Zardari.
Controlling the media, news against present government eventually?
Another mockery about the depth of government & fragility of people under oath.
Mr. Rahman Malik in action again.
Continuous such type of blunders, this hotchpotch cabinet.
And so on so forth ……………..
What we should do?
We being nation, should now start realizing the issues of this country, and have a voice over these.
Its too much shameful that not only our common people, but “intellectual” like IT professional, don’t have an effective voice, even for issues directly relates to us.
Another example, of this is the rent-a-coder, a free lancer site reported by many source to have reported to put an alert regarding Pakistan’s power crisis, buyers are asked to deal with Pakis with their own, as they are having power crisis in the country and may not be able to deliver their work timely.
No one, officially got notice of these kind of disgusting things, Neither government official nor so called PASHA.
We need to be a learned and informed society and make the whole world realize that we as normal and as progressive nations as their can be.
Lets raise the voice against these type of foolish acts, and make them understand that we are no living in era of nineties any more.
We can talk about the issues with out having influenced with legacy of emotional, idealistic political trauma, i.e. Bhutosim etc.
In the end, I would try to find out more in this regards… signing off for now…
-Waqas
Pingback: Parody of Democracy: Campaign against offensive emails, SMS against Government launched by Rehman Malik « We The Nation
Pingback: Parody of Democracy: Campaign against Offensive Emails & SMS Against Government Launched by Rehman Malik | Haqeeqat.Org