Cyber Crime

The leading Law Firm of Cyber crime cases is Hamza and Hamza Law Associates, who have dealt with numerous Cyber Crime cases lately.

With the growth of the internet, wired and wireless networks, web cameras, and the easy availability of information, smart phones, and tablets, opportunities for computer-based crime are growing, and law enforcement is devoting increasing resources to these cases. Commonly referred to as Cyber Crime, these violations involve activity where a computer or network is the source, tool, target, or place of a crime.

Also on the rise are false allegations of cyber stalking, snooping, and improper access to personal information. Too often, “online relationships” that result in hurt feelings lead to allegations of impropriety and sometimes criminal prosecutions. Due to the commerce clause of the federal constitution, nearly any crime involving a computer can be brought in federal court, as well as in state court.

Some of the categories of computer crimes include Identity Theft, Cyber-stalking, Email scams, Phishing, hacking, malware, and denial of service attacks. If charged with a computer crime, you need computer-savvy attorneys who are knowledgeable in computers, as well as the law. Our attorneys have experience that includes prosecution and defense of computer-related crimes in state or federal court.

Not to mention, the examples or scenarios discussed along side the offenses are only for references and may not be taken into consideration for legal matters.

Let’s go through the list now:

1) Spreading False Information about an Individual: up to 3 Years in Prison or up to Rs. 1 Million in Fine or both

Whoever intentionally and publicly displays any information through any information system, which he knows to be false and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both:

Example

• You know that an information is wrong and you still post or share it on Facebook about a person that damages his/her reputation

Not to mention, this section will not apply where offense is committed by a broadcast media licensed under the Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002).

2) Making /  Spreading Explicit Images or Videos of an Individual: up to 5 Years in Prison or up to Rs. 5 Million in Fine or both

Whoever intentionally and publicly exhibits or displays or transmits any information which.

• Superimposes a photograph of the face of a natural person over any sexually explicit image or video
• Includes a photograph or a video of a natural person in sexually explicit conduct
• Intimidates a natural person with any sexual act, or any sexually explicit image or video of a natural person
• Cultivates, entices or induces a natural person to engage in a sexually explicit act,

through an information system to harm a natural person or his reputation or to take revenge, or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to five years or with line which may extend to five million rupees or with both.

Examples

• You photoshop an Image of a person in a manner that face is used along side a nude body
• You make an sexually explicit video or images of someone in private
• You broadcast / post such video or images on Facebook or through any other medium (such as Whatsapp)
• You use any explicit video to blackmail someone

3) Making / Spreading Explicit Images or Videos of Minor: up to 7 Years in Prison or up to Rs. 5 Million in Fine or both

Whoever intentionally and publicly exhibits or displays or transmits any information which:

• Superimposes a photograph of the face of a minor over any sexually explicit image or video
• Includes a photograph or a video of a minor in sexually explicit conduct
• Intimidates a minor with any sexual act, or any sexually explicit image or video
• Cultivates, entices or induces a minor to engage in a sexually explicit act,

through an information system to harm a minor or his/her reputation or to take revenge or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to seven years or with line which may extend to five million rupees or with both.

Examples

• You photoshop an Image of kid in a manner that face is used along side an explicit body
• You make an sexually explicit video or images of minor
• You broadcast / post video or images of a minor on Facebook or through any other medium (such as Whatsapp)
• You use any explicit video to blackmail a minor

4) Child pornography: up to 7 Years in Prison or up to Rs. 5 Million in Fine or both

Whoever intentionally produces, makes available, distributes or transmits through an information system or procures for himself or for another person or without lawful justification possesses material in an information system that visually depicts

• A minor engaged in sexually explicit conduct;
• A person appearing to be a minor engaged in sexually explicit conduct;
• or Realistic images representing a minor engaged in sexually explicit conduct

shall be punished with imprisonment for a term which may extend to seven years, or with fine which may extend to five million rupees or with both.

5) Cyber stalking: Up to 3 Years in Jail or Up to Rs. 1 Million in Fine or both

If you try to get into a relation with someone online through internet website, email, SMS, phone or any communication tool despite there is disinterest from the other party then you can be jailed for three years or imposed a fine which may extend to one million rupees or with both.

Examples:

• You repeatedly call someone, despite the other party asks you to not to
• You send emails with no interest shown by the other party
• You do something in a manner that other party is harassed out of your actions

If you call, chat with someone and other party has no issues with that then its all cool, nothing to worry about.

6) Hacking Email / phone for Stalking: Up to 3 Years in Jail or Up to Rs. 1 Million in Fine or both

If someone monitor a person through mail, text message or any other form of electronic communication then you can be jailed for up to three years and a fine of Rs. 1 Million or both

Example

• You hack someone with intent to a relation that you are in or may make and then monitors the email, this could land you in jail for up to three years

7) Making Videos/Pics and Distributing without Consent: Up to 3 Years in Jail or Up to Rs. 1 Million in Fine or both

You take a photograph or make a video of any person and displays or distributes it without his/her consent in a manner that harms a person then you can go behind bars for up to three years and may have to bear a fine of up to Rs. 1 million or both

Example

• You take picture or video of someone and then posts in online to damage the other party

Note: If you take pictures, videos and they are harmless or distribute it with the consent of other party then its all good.

8) Cyber Stalking with a Minor: Up to 5 Years in Jail and up to Rs. 10 Million in Fine

If victim of the cyber stalking is a minor the punishment may extend to five years or with hue which may extend to ten million rupees or with both.

Cyber stalking offences include:

• Making contact in a manner that minor is harassed
• Taking photographs, making videos and distributing them without consent
• Blackmailing
• Spying on minors

9) Hate speech: Up to 7 Years in Prison or fine or both

Whoever prepares or distributes information, through any information system or device that triggers inter-faith, sectarian or racial hatred, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Examples:

• You post messages on Facebook that can trigger inter-faith or sectarian avoidance
• You write a blog that triggers ethnic hatred

10) Spamming: Three Months of Prison or Fine up to Rs. 5 Million or Both

Anyone (an individual or an organization) can be fined with up to Rs. 50,000 for the first and three months of jail if they:

• Send spam emails/SMS without permission of receiver
• Send emails without unsubscribe options
• Send emails with
  • harmful fraudulent emails
  • misleading email
  • illegal email

Note: Every subsequent offenses (after first time) may increase the fine with multiples of Rs. 50,000 up to Rs. 5 million

11) Spoofing: Up to 3 Years in Jail or Fine up to Rs. 500,00 or both 

Whoever with dishonest intention establishes a website or sends any information with a counterfeit source intended to be believed by the recipient or visitor of the website to he an authentic source commits spoofing.

You can Google around to know more about Spoofing.

12) Malicious Code: Up to 2 Years in Jail or up to Rs. 1 Million in Fine or Both

Whoever writes, offers, makes available, distributes or transmits malicious code with intent to cause harm to any information system or data resulting in the corruption, destruction, alteration  suppression, theft or loss of the information system or data shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to one million rupees or with both.

Examples:

• You write a virus
• You write a code that can be used to destruct a hard drive
• You develop a mobile app to spy someone
• Yo develop an app to spread virus
• You DDoS attack someone

13) Unauthorized Access to Information System or Data: up to 3 Months Prison or up to Rs. 50,000 Fine or both

Law says that if you access any information system or data with dishonest intents then you can go to jail for up to three months or be liable to pay a fine up to Rs. 50,000 or both.

It is wondered how the term “dishonest” is going to be defined by the litigators. Even worse, how are they going to establish if any attempt was dishonest or not.

Examples:

• Access to Information System means: Gaining access, control or ability to use any part or whole of an system that could be a laptop, mobile phone, tablet, or any other kind of computer system
• Access to Data: Gaining access, control or ability to use any data or traffic data, i.e. an email, SMS, fax, print out, or any kind of computer data.

Note: These punishments will be applicable if access to information is gained through infringing any security or otherwise.

14) Unauthorized copying or transmission of Data: up to 6 Months Prison or up to Rs. 100,000 Fine or both

Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any data shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one hundred thousand rupees or with both.

Examples:

• If you copies data of someone else’s flash drive
• If you gain access to someone’s phone and copy a mobile number
• If you forward someone’s SMS to unintended people
• You hack a website and copy its data
• If you know a loophole in a website and copy data, say email addresses

So anything which is not yours, you somehow gain access — through security infringement or otherwise — and you are proven to have copied data or transmitted it, then this section will get activated.

15) Interference with information system or data: up to 2 Years Prison or up to Rs. 500,000 Fine or both

Whoever with dishonest intention interferes with or damages any part or whole of an information system or data shall be punished with imprisonment which may extend to two years or with fine which may extend to five hundred thousand rupees or with both.

Examples:

• You hack a website and delete the content of the server
• You gain access to someone’s mobile and delete its number
• You gain access to someone’s Facebook account and delete it, partly or wholly
• You gain access to someone’s Facebook account and post an update from his/her account
• You gain access to someone’s email and send an email from his account
• You send an SMS from someone’s mobile phone

So anything which is not yours, and you change its data, or access it to take an action which may alter the content of that system or trigger a communication can land you in jail for two years or Rs. 500,000 fine or both.

16) Unauthorized access to critical infrastructure information system or data: up to 3 Years Prison or up to Rs. 1 Million Fine or both

Whoever with dishonest intention gains unauthorized access to any critical infrastructure information system or data shall be punished with imprisonment which may extend to three years or with fine which may extend to one million rupees or with both.

Definitions:

• Critical Infrastructure: Critical elements of infrastructure such as assets, facilities, systems, networks, altering which can cause:
  • Major detrimental impact on the availability, integrity or delivery of essential services — including those services, whose integrity, if compromised, could result in significant loss of life or casualties — taking into account significant economic or social impacts
  • significant impact on national security, national defense, or the functioning of the slate.
  • Or any infrastructure that is designated by Government of Pakistan as critical

Examples:

• You hack NADRA’s database and get an authorized access
• You hack and intercept a fiber optic cable
• You hack government of Pakistan’s website that’s maybe offering healthcare services
• You hack and get access to Pakistan Stock Exchange
• You hack in to Pakistan Army’s servers

So anything which can cause detrimental damage, financially, socially, economically will be treated under this section

17) Unauthorized copying or transmission of critical infrastructure data: up to 5 Years Prison or up to Rs. 5 Million Fine or both

Whoever with dishonest intention and without authorization copies or otherwise transmits or causes to be transmitted any critical infrastructure data shall be punished with imprisonment for a term which may extend to five years, or with fine which may extend to five million rupees or with both.

Definitions:

• Critical Infrastructure: Critical elements of infrastructure such as assets, facilities, systems, networks, altering which can cause:
  • Major detrimental impact on the availability, integrity or delivery of essential services — including those services, whose integrity, if compromised, could result in significant loss of life or casualties — taking into account significant economic or social impacts
  • significant impact on national security, national defense, or the functioning of the slate.
  • Or any infrastructure that is designated by Government of Pakistan as critical

Examples:

• You hack NADRA’s database and steal the data,
• You hack and intercept a fiber optic cable and start listening to data
• You hack government of Pakistan’s website that’s maybe offering healthcare services and copy the data
• You hack and get access to Pakistan Stock Exchange and copy all the records
• You hack in to Pakistan Army’s servers and copy the data and forward it your friend

18) Interference with critical infrastructure information system or data: up to 7 Years Prison or up to Rs. 10 Million Fine or both

Whoever with dishonest intention interferes with or damages any part or whole of a critical information system, or data shall be punished with imprisonment which may extend to seven years or with fine which may extend to ten million rupees or with both.

Definitions:

• Critical Infrastructure: Critical elements of infrastructure such as assets, facilities, systems, networks, altering which can cause:
  • Major detrimental impact on the availability, integrity or delivery of essential services — including those services, whose integrity, if compromised, could result in significant loss of life or casualties — taking into account significant economic or social impacts
  • significant impact on national security, national defense, or the functioning of the slate.
  • Or any infrastructure that is designated by Government of Pakistan as critical

Examples:

• You hack NADRA’s database and delete everything
• You hack and intercept a fiber optic cable and start transmitting it to someone
• You hack government of Pakistan’s website that’s maybe offering healthcare services and copy the data and start selling it
• You hack and get access to Pakistan Stock Exchange and copy all the records and then delete them from server
• You hack in to Pakistan Army’s servers and copy the data and then delete it from the server

19) Glorification of an offence: up to 7 Years Prison or up to Rs. 10 Million Fine or both

Whoever prepares or spreads information through any information system or device with the intent to glorify an offence relating to terrorism, or any person convicted of a crime relating to terrorism, or activities of prescribed organizations or individuals or groups shall be punished with imprisonment for a term which may extend to seven years or with fine which may extend to ten million rupees or with both.

Examples:

• You post on Facebook about Talibaan and say that they are good people
• You SMS someone and say that Al-Qaida people will go to heaven
• You come on TV and start praising banned outfit
• You own a website that preaches about suicide bombing
• You run a YouTube channel and there you say good things about anyone who has been convicted of terrorism

20) Cyber terrorism: Up to 14 Years in Prison or up to Rs. 50 Million fine or both

Whoever accesses, copies or destroys any critical information system with an intent to create a sense of fear, panic or insecurity in the Government or the public or a section of the public or community or sect or create a sense of fear or insecurity in society can be punished with imprisonment of either description for a term which may extend to 14 years or that fine which may be extended to 50 million rupees or with both.

Examples:

• You gain access to back-end system of a TV channel and start broadcasting a message that may create panic
• You gain access to back-end of a mobile company and start broadcasting a message that may trigger fear

21) Online Recruitment, Funding of Terrorism: Up to 7 Years in Prison or fine or both

Whoever prepares or distributes information, through any information system or device that invites or motivates to fund, or recruits people for terrorism or plans for terrorism shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Examples:

• You run a Facebook group and encourage people to fund TTP
• You run a Whatsapp group and plan a terror attack

22) Electronic forgery: Up to 3 Years in Prison or up to Rs. 250,000 fine or both

Whoever interferes with or uses any information system, device or data, with the intent to cause damage or injury to the public or to any person, or to make any illegal claim or title or to cause any person to part with property or to enter into any express or implied contract, or with intent to commit fraud by any input, alteration, deletion, or suppression of data, resulting in unauthentic data with the intent that it be considered or acted upon for legal purposes as if’ it were authentic, regardless of the fact that the data is directly readable and intelligible or not shall he punished with imprisonment of either description for a term which may extend to three years or with line which may extend to two hundred and fifty thousand rupees or with both.

Examples:

• Change a contract/ agreement / invoice with intent to gain legal benefit

23) Electronic forgery of Critical Infrastructure: Up to 7 Years in Prison or up to Rs. 5 Million fine or both

If any of electronic forgery is done in relation to critical infrastructure information system or data shall be punished with imprisonment for a term which may extend to seven years or with fine which may extend to five million rupees or with both.

Examples:

• You electronically change a contract that may result into detrimental loss to a company in magnitude

24) Electronic fraud: Up to 2 Years in Prison or up to Rs. 10 Million fine or both

Whoever with the intent for wrongful gain interferes with or uses any information system, device or data or induces any person to enter into a relationship or deceives any person, which act or omission is likely to cause damage or harm to that person or any other person shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to ten million rupees or with both.

Examples

• You get into a relationship with someone with intents to cause financial damage

25) Making, obtaining, or supplying device for use in offence: Up to six months in Prison or up to Rs. 50,000 fine or both

Whoever produces, makes, generates, adapts, exports, supplies, offers to supply or imports for use any information system, data or device, with the intent to he used or believing that it is primarily to he used to commit or to assist in the commission of an offence under this Act will be punished with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees or with both.

Examples

• You make a software to hack a website
• You manufacture a special purpose phone to communicate for planning an attack
• You write code to steal data
• You develop a phishing page

26) Unauthorized use of identity information: Up to 3 Years in Prison or up to Rs. 5 Million fine or both

Whoever obtains, sells, possesses, transmits or uses another person’s identity information without authorization shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five million rupees, or with both.

Examples:

• You use someone’s email address to pose as someone you aren’t
• You call someone and claim you are a person which you are not

27) Unauthorized issuance of SIM cards etc: Up to 3 Years in Prison or Up to Rs. 500,000 in fine or both

Whoever sells or otherwise provide SIM card without obtaining and verification of the subscriber’s details in a manner that’s not allowed by PTA, will be punished with imprisonment for a term which may extend to three years with or with fine which may extend to five hundred thousand rupees or with both

Examples:

• You sell SIM cards without verifying data
• You provide a SIM card to someone else for usage, even temporarily

28) Tampering of communication equipment: Up to 3 Years in Prison or Up to Rs. 1 Million in fine or both

Whoever unlawfully or without authorization changes, alters, tampers with or re-programs any communication equipment including a cellular or wireless handset and starts using or marketing such device for transmitting and receiving information shall be shall be punished with imprisonment which may extend to three years or with fine which may extend to one million rupees or with both.

Example

• You install a spy mobile app that can record calls and SMS and is able to send this data in email to you or someone else

29) Unauthorized interception: Up to 2 Years in Prison or Up to Rs. 500,000 in fine or both

Whoever with dishonest intention commits unauthorized interception by technical means of;

• any transmission that is not intended to be and is not open to the public, from or within an information system
• electromagnetic emissions from an information system that are carrying data

Shall be punished with imprisonment of either description for a term which ma extend to two years or with fine which may extend to five hundred thousand rupees or with both.