[Okfn-pk] Fwd: Cybercrime bill

[Rahma Mian]

There are huge reservations by industry and civil society about the
modifications the government has made to the proposed cybercrime bill. If
passed in its current form (which is expected to be much worse than the
version we managed to obtain, see below), it will impact not only users and
business but also media in a big way. This needs urgent attention as bill
can be passed in a speedy manner and which, as of Thursday, has been
submitted to the National Assembly.

Any help in this regard would be much appreciated.

These are two articles that sum up the reservations:

Dawn:
http://www.dawn.com/news/1173638/new-cybercrime-bill-tough-on-individuals-rights-soft-on-crime

Tribune:
http://tribune.com.pk/story/867824/legislative-bungling-in-a-bill-about-cybercrime-moit-inserts-clauses-legalising-censorship/

More details:

We believe we (Bolo Bhi) obtained a version of the draft the government has
prepared. You can find the bill and our initial analysis of it here:
http://bolobhi.org/whats-brewing-pakistans-proposed-cybercrime-law/

As of Thursday we have been informed that a further modified version has
been submitted to the National Assembly.

Section 31 is our biggest concern - among others. The government is adding
this so they can justify their blocking and censoring powers – since the
court has found they exercise these powers under no law (seehttp://
bolobhi.org/resources/timelines/imcew-challenge-updates-bolo-bhi/)

Resources:

Advocacy posters to raise public awareness can be viewed here:
http://bolobhi.org/resources/timelines/writing-on-the-wall/

We delivered a presentation yesterday, this post captures the impact it
will have on users and the media:
http://digitalsaeen.com/one-law-to-imprison-them-all/?hc_location=ufi

Launched this online petition, the comments should give you a fair idea of
some of the reaction to this law:
https://www.change.org/p/members-of-the-national-assembly-seek-public-input-on-government-s-proposed-cybercrime-law

Presentation delivered at T2F:
http://bolobhi.org/wp-content/uploads/2015/04/Cybercrime-law-Reason-to-Worry.pdf
More background of this law below:

PECO (Pakistan Electronic Crime Ordinance) was promulgated by Musharraf in
2007. Since it was an ordinance, it lapsed in 2009. There was huge uproar
against it because innocent people were charged and framed. It gave
excessive powers to FIA (Federal Investigation Agency), which were abused.

In this timeline you will find the different versions of the laws and
reactions and analyses of them:
http://bolobhi.org/resources/timelines/tracking-cyber-crime-legislation/

Once it lapsed, there were efforts to revive it and introduce PECO as an
Act. That is when the industry really got involved and started drafting
their own version. ISPAK (Internet Service Providers Association) and P at SHA
(Pakistan Software Houses Association) led this initiative. Last year,
there were meetings at the Ministry of IT & Telecommunications which
members of P at SHA & ISPAK attended to finalize the industry stakeholder
draft (please note though no civil society organization or members were
privy to these meetings or drafts). This was then sent to the Cabinet
Division. From there it emerged earlier this year with modifications.

We were informed the bill was being presented before the National Standing
Committee on IT for approval, and one of the MNAs asked us to send in any
reservations if we had any. This is what we sent him, which was shared with
members of the committee:
http://bolobhi.org/pakistans-cybercrime-bill-2015-speak-now-forever-hold-breath/

After this, a sub-committee was formed to work on the bill further. Bolo
Bhi held consultations with industry and civil society members, and
technical experts - we were also in touch with the original drafters of
this law. See also:
http://bolobhi.org/cybercrime-bill-must-not-approved-current-form-2/

The National Assembly’s Standing Committee on IT constituted a
sub-committee but since then only a government-led committee has been
reviewing and modifying the draft. This was expressed recently by MNA
Shazia Marri and Senator Mushahid Hussain in the presence of Minister
Anusha Rahman on Hamid Mir's show, saying the bill has not been shared with
them. Ask any MNA on the committee who does not belong to PML-N and they
will tell you the same thing:
http://www.pakistanvoices.com/talkshow/Capital-Talk-17th-March-2015/142385/3

Parliamentarians in opposition have been kept in the dark about it.

Regards,

Farieha



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