Cyber crime bill passed by NA: 13 reasons Pakistanis should be worried

ISLAMABAD: The National Assembly (NA) passed the controversial Prevention of Electronic Crimes Bill (PECB) 2015 on Thursday after the Senate's unanimous adoption of the bill – with 50 amendments – earlier in July.

The bill will be signed into law by President Mamnoon Hussain. (Full text of the bill below)

IT Minister Anusha Rehman: "Criticism regarding the bill is baseless as proposed amendments have been included. Non-governmental organisations and civil society representatives are opposing the bill due to a certain agenda."

MQM MNA Ali Raza Abidi: "The government was under pressure to pass this bill using any force necessary."

PPP MNA Naveed Qamar: "The bill will be misused by authorities and government departments."

The 'draconian' bill has been heavily criticised by the IT industry, civil society organisations and rights activists for curbing human rights and giving overreaching powers to law enforcement agencies.

Focus of criticism

1. Critics say the bill is too harsh, with punishments that do not fit crimes
2. The bill's language leaves it open to abuse by LEAs, agencies, the government
3. Recommendations of stakeholders were ignored in the formulation of the law
4. It restricts freedom of expression and access to information
5. The offences are too numerous, overlap with other existing laws
6. The wording of the bill leaves many clauses open to interpretation
7. The bill specifically can be misused to target journalists’ sources and whistleblowers
8. Criteria for surveillance is even more open-ended than in the Fair Trial Act 2013
9. Mechanisms for implementation are missing from this bill
10. The bill has introduced clauses on cyberterrorism, which is not the subject of the bill
11. The authority designated under the new law should have been independent of the executive
12. The authority has been given sweeping powers to blocking and destroy online material, without a court order
13. It does not adequately differentiate cyber crime from cyber terrorism and cyber warfare

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Salient features of the new bill

• Up to three years imprisonment, Rs1 million fine or both for unauthorised access to critical infrastructure information system or data
• The government may cooperate with any foreign government, foreign or international agency, organisation or 24x7 network for investigation or proceedings relating to an offence or for collecting evidence
• The government may forward any information to any foreign government, 24x7 network, foreign or international agency or organisation any information obtained from its own investigation if the disclosure assists their investigations
• Up to seven years, Rs10 million fine or both for interference with critical infrastructure information system or data with dishonest intention
• Up to seven years, Rs10 million fine or both for glorification of an offence relating to terrorism, any person convicted of a crime relating to terrorism or proscribed individuals or groups. Glorification is explained as “depiction of any form of praise or celebration in a desirable manner”
• Up to six months imprisonment, Rs50 thousand or both for producing, making, generating, adapting, exporting, supplying, offering to supply or importing a device for use in an offence
• Up to three years imprisonment, Rs5 million fine or both for obtaining, selling, possessing, transmitting or using another person’s identity information without authorisation
• If your identity information is used without authorisation, you may apply to the authorities to secure, destroy or prevent transmission of your information

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