Information Technology,
E-Commerce
and
Cyber Crimes Laws
with
Latest Case Law
including
The Anti-Money Laundering Ordinance, 2007
G. M. Chaudhry
Advocate High Court
Parliamentary and Legislative Counsel/Draftsman
LL. M.(International Trade Law), D.T.L, D.I.P.L., D.L.L.,
Certificate in Humanitarian & Islamic Laws, M.B.A.(Finance),
M.A.(English), M.A.(Political Science), M.A.(History),
General Course on Intellectual Property (Swiss),
Visiting Scholar, GIPA, USPTO, Washington, D.C., USA.
i
All rights are reserved with the Author, Editor and Compiler. No part
of this publication may be reproduced, stored in a retrieval system or
transmitted in any form whatsoever or by any means, electronic,
magnetic tape, mechanical, photocopying or otherwise, without prior
permission in writing from the Author, Editor and Compiler.
Any person who infringes the above in relation to this publication may
be liable to criminal prosecution and civil claims for damages. The
Copyright Ordinance, 1962 (XXXIV of 1962), has made the abovesaid
violations a non-bailable and cognizable offence punishable with
imprisonment and fines.
Disclaimer
Efforts have been made to avoid errors and omissions in this
publication with due care and diligence. However, errors or omissions
may creep in while editing or processing for computerization and
printing. Any such mistake, error, discrepancy or omission may be
brought to the notice of Author, Editor and Compiler or the Publisher
which shall be rectified in the next edition.
Author, Editor and Compiler, Publisher, Printer or sellers are not
responsible, directly or indirectly, for any consequences, damage or
loss of action, consequential or incidental, to anyone, of any kind, in
any manner, resulting therefrom the use of legal texts or case law, or
their references, as those are edited and compiled in good faith
keeping utmost care and caution to make them error-free. However, in
case of any confusion, difference or doubt, original legal texts or
decisions may be consulted and used.
ii
To
my son Hamid Yar
and also
to
professionals who are toiling hard to facilitate the
humanity in the field of Information Technology.
iii
Preface
There is no doubt that Information Technology has intruded in
our life in such a manner and extent that presently nobody can
imagine a well-facilitated and luxury life without it. Computers,
scanners, world wide web sites, intranet and internet, electronic
messaging and mails, electronic data transfers and exchange of
information, electronic commerce and banking system, all are
necessities of life based on or using different components based on the
use of information technology, which are abundantly in use in our
domestic, social and business life. Mobile phones, laptops and latest
computers are using digital data bases for different purposes.
Similarly, digital data bases are accessible through intranet and
internet at international level without any problem or loss of time.
The dawning of information technology age has facilitated
our life but at the same time it has given birth to different complex
problems like its regulatory matters and use of the information
technology for criminal and other heinous purposes by different antisocial
elements. Regulatory matters regarding use of information
technology require legal frameworks and laws. Similarly, misuse and
anti-social use of information technology also require strict laws to
punish such anti-social elements who are causing fear and disturbance
not only in personal lives but also in the smooth flow of social and
commercial life as a whole.
However, as the use of information technology has no
boundaries, thus it is very difficult to design its regulatory regimes
and regulatory laws to determine strict liability in case wrong and
criminal application of different software, information technology
techniques and other related matters. Presently, all the nations and
countries are facing the same problems for establishing effective
regulatory regimes and legal systems for proper benefit of information
iv
technology within certain parameters which are beneficial to the
society.
In Pakistan, in addition to the Pakistan Telecommunication
(Re-organization) Act, 1996 (Act XVII of 1996), the Electronic
Transactions Ordinance, 2002 (Ordinance LI of 2002) is the first law
to regulate different aspects and uses of information technology but
the same has not solved all the problems. Thereafter, other laws have
been made and promulgated to address different issues relating to
information technology and its use for different purposes. After
promulgation and enforcement of these laws, there was a need to
compile these laws with case law developed during this period for the
benefit of legal professionals, academicians, researchers and general
public.
It is also to point out that the Pakistan Telecommunication
(Re-organization) Act, 1996 (XVII of 1996), is the basic legal
framework given by the Parliament to achieve the ambitious goals in
the telecommunication and information technology sector in Pakistan
providing different key organizations including the Pakistan
Telecommunication Authority. Pakistan Telecommunication
Authority has made a lot of efforts to regulate each and every aspect
of the telecommunication sector in Pakistan and to meet the
internationally posed challenges of competition and transparency.
Authority has made and notified many Rules and Regulations
providing regulatory guidelines for various aspects of
telecommunications. However, the Pakistan Telecommunication (Reorganization)
Act, 1996 (XVII
of 1996), the Telegraph Act, 1885 (Act
XIII
of 1885), and the Wireless Telegraphy Act, 1933 (Act XVII of
1933), have been included in this publication as those are included in
the Schedule to the Prevention of Electronic Crimes Ordinance, 2007
(Ordinance LXXII of 2007), otherwise there are two very
comprehensive publications by the Author relating to
Telecommunication Sector in Pakistan covering all aspects regarding
telecommunications and information technology in their legal,
national and international perspectives which may be consulted and
used if you feel necessary and suitable to boost up your knowledge
and information about basic regulatory regimes and frameworks in the
v
telecommunications and information technology fields.
It is also pertinent to mention that the Anti-Money Laundering
Ordinance, 2007 (Ordinance No. XLV of 2007), is also the part of this
book although it may appear an unnecessary addition here but it is
only included due to its relevance with different aspects of electronic
transactions and electronic commerce as it is regulating different
transactions which are not allowed by law through any channel
whether banking or otherwise based on manual or electronic
transactions. Hopefully, it may prove quite useful to the users of this
publication.
The book in your hands is a compilation containing all laws
relating to electronic transactions, e-commerce or business and cyber
crimes resulting from the use of telecommunication and information
technology for different purposes in Pakistan along with necessary
rules and regulations made thereunder in their updated form with
proper referencing and suitable footnotes. Latest case law has also
been included under the relevant sections of different laws although
there are a few cases decided by the superior courts in the country.
I hope it will be a useful publication for the legal
practitioners, students, researchers and academicians in the fields of
electronic transactions, e-commerce and information technology.
Every effort has been made to make legal texts and references
error-free but after all “To err, is human”. There is possibility of
mistakes, errors and omissions but all it will be without any bad
intention. However, I shall be thankful if you point out all such lapses,
mistakes, errors or omissions for rectification in future editions of this
book in more improved form. Your cooperation, guidance and
assistance will be of tremendous benefit for me.
All suggestions and comments will be welcomed for
improvement of quality of this work. I shall also be ready and
available for all such authorities which intend to update their rules and
regulations for the benefit of general public with all guidance, advice
and expertise.
vi
You can also send me or my legal advisors by sending
messages electronically at my or their e-mail addresses or by calling
on my or their telephone numbers given below on this page. Your
questions and queries will also be answered and advice about any
legal aspect will also be provided.
Rawalpindi,
January, 2008.
G. M. Chaudhry
Advocate High Court
Parliamentary & Legislative Counsel
Governance and Regulatory Consultant
gmchaudhry2001@hotmail.com
Phone : 0333-5152901
Legal Advisors and Consultants
Chaudhry & Chaudhry Associates
chaudhry_chaudhry@hotmail.com
Phones : 051-4478717
Fax : 051-4478717
vii
Acknowledgement
Author, Editor and Compiler
is
thankful to all those
friends, colleagues, experts, professionals and well-wishers
whose active advice and guidance made me able to produce
this work and have guided me during the process of editing and
compiling of these laws, rules and regulations.
I am also thankful to printers, publishers,
their staff members without whose efforts and cooperation
this work was not possible.
viii
S.
No.
Information Technology,
E-Commerce
and
Cyber Crimes Laws
C O N T E N T S
Preface
Acknowledgement
Description Page
No.
PART – I
IT, E-Commerce and Cyber Crimes
Laws, etc.
1. The Electronic Transactions Ordinance, 2002
(Ordinance No. LI of 2002)
2. The Payment Systems and Electronic Fund Transfers
Act, 2007
3. The Prevention of Electronic Crimes Ordinance,
2007 (Ordinance No. LXXII of 2007)
4. The Pakistan Telecommunication (Re-organization)
Act, 1996 (Act No. XVII of 1996)
5. The Telegraph Act, 1885 (Act No. XIII of 1885)
6. The Wireless Telegraphy Act, 1933 (Act No. XVII
of 1933)
ix
7. The Anti-Money Laundering Ordinance, 2007
(Ordinance No. XLV of 2007)
PART – II
Rules and Regulations made under IT,
E-Commerce and Cyber Crimes Laws,
etc.
8. The Certification Council Transaction of Business
Regulations, 2004
9. The Pakistan Telecommunication Rules, 2000
10. The Pakistan Telecommunication Authority
(Functions and Powers) Regulations, 2004
______________________
x
PART –
Information Technology,
E-Commerce
and
Cyber Crimes Laws, etc.
xi
I
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