Activism against the E-Crimes bill
I’m scared.
The fact that writing this can land me in prison according to the new Cyber crime bill sends an uncomfortable tingle down my spine. Seven years and Rs. 1 million in fines. And guess who will do the honors? Our very own, incorruptible FIA. They have the right to issue their own warrants, keep you in jail while you wait for trail, and prosecute you on the basis of laws so vague that you have no recourse to justice.
It happened to Faisal Chohan. It can happen to you.
In addition to botching up basic definitions of spoofing, phishing, spamming and malicious code, the wording of the law, if introduced, can get you thrown in prison for up to seven years, if you do any one of the following:
1) Legal-speak: Send an email that contains indecent language
Translation: Utter a certain four letter word.
2) Legal-speak: Threaten any immoral act
Translation: What is morality, and what does it have to do with the law? What kind of cretins draft these bills?
3) Legal-speak: Make any proposal of an obscene nature
Translation: Make a movie plan for Khuda ke liyay with a fundo mistakenly on copy.
4) Legal-speak: Whoever transmits unsolicited electronic messages in bulk
Translation: Send 5 emails to introduce your product to customers.
5) Legal-speak: Whoever involves in falsified online user account registration
Translation: Create a hotmail account under an assumed name.
6) Legal-speak: A corporation shall be held liable for a criminal offence committed on its instructions or for its benefit
Translation: Do nothing. If your employees without your knowledge, permission or approval do something improper, which brings any benefit to your company, then FIA has the grounds to shut you down.
This law lays the grounds for what the government has wanted all along-to make Pakistan a police state and to usurp basic civil liberties. This law affects everyone, from housewives to IT consultants. Anyone you uses the internet or a cell phone can be persecuted. That’s 60 million Pakistanis on last count.
Despite repeated objections by PASHA, despite Barrister Zahid Jamil’s meetings with Owais Leghari and his presentations to the government, the bill was passed by the cabinet and is now waiting to be approved by the National Assembly. If that happens, then the technology investments in Pakistan will dry up because the legislation will send Pakistan back to stone-ages in terms on IT governance. Even worse, it will give FIA carte blanche to arrest, torture, persecute, plunder and pillage to their heart’s desire.
We all rant about the political process, about corruption and injustice. How many of us, the supposedly influential upper-middle class, protest beyond living room debates? This is your chance to make a difference. Write about this, blog about it, talk to an MNA, get international coverage. Show the government how daft their IT ministry is and stop this draconian bill from becoming a law.
-Adnan
More: Activism at t2f http://www.t2f.biz/events/be-really-scared/
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8. September 2007 at 00:43
[...] This one is from The Lootmar Blog [...]
13. September 2007 at 23:38
thanks for this post, do you have any idea about the process for drafting the bill, surely they consulted local industry experts?
14. September 2007 at 07:58
The Member Legal at the Ministry of IT & Telecom drafted the Bill. They put it on their website for consultation purposes. Feedback was sent to them but despite being told what the problems were with the draft, this 3rd or 4th iteration still doesn’t reflect the concerns of the industry as well as civil society. We have therefore started a campaigh via blogs, lists, the print media and the electronic media. Visit http://irrationalknot.blogspot.com/ to view the program that ran on Dawn News yesterday.
18. September 2007 at 01:20
[...] Another Draconian Law In The Offing Draconian Cyber Crime Law in Pakistan I’m Scared I Can’t Believe The Government Is Doing This Internet Freedon, Goodbye The Activism Continues Be Really Scared [...]
18. September 2007 at 03:45
Pandora does not work in Pakistan.
And thank you for your article on e-crime bill.
Regards
Noman
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11. December 2007 at 16:57
I have met with colonels and majors of the PTA. It is unnerving to see such power, greed and incompetence in-charge of technology and the implementation of law. These chimps are only fit for cleaning their rifles and jumping up and down on asphalt with their army boots on.
The once proud and revered institution of the army, is now the object of scorn and hatred, since they have abandoned their moral high-ground for loot-khasoot (plundering) of the exchequer.
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[...] Jawwad’s idea of auctioning less visible clothing of more visible celebrities was quickly shot down by Jehan for being unconstitutional, shariat non-compliant, and contrary to the highly regarded cyber crimes law. [...]
23. October 2008 at 10:34
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