[governance] Text of Pakistan's Prevention of Electronic

[Jeffrey A. Williams]

Fouad and all,

  No offense, but I don't believe that this ordinance will be enforceable
outside of Pakistan.  Further I am very sure that it does not meet
existing international standard, particularly TRIPS.

Fouad Bajwa wrote:

> President promulgates ordinance to prevent electronic crimes
> http://www.app.com.pk/en_/index.php?option=com_content&task=view&id=58277&Itemid=1
>
> ISLAMABAD, Nov 6 (APP): The President has promulgated the Prevention
> of Electronic Crimes Ordinance, 2008 (Ordinance No. IX of 2008) to
> make provision for prevention of the electronic crimes. This Ordinance
> may be called the Prevention of Electronic Crimes Ordinance, 2008.
> This Ordinance extends to the whole of Pakistan and it shall apply to
> every person who commits an offence under this Ordinance irrespective
> of his nationality or citizenship whatsoever or in any place outside
> or inside Pakistan, having detrimental effect on the security of
> Pakistan or its nationals or national harmony or any property or any
> electronic system or data located in Pakistan or any electronic system
> or data capable of being connected, sent to, used by or with any
> electronic system in Pakistan.
>
> It shall come into force at once and shall be deemed to have taken
> effect on the 29th September, 2008.
>
> Following is the text of the Ordinance:
>
> WHEREAS  it is expedient of prevent any action directed against the
> confidentiality, integrity and availability of electronic system,
> networks and data as well as the misuse of such system, networks and
> data by providing for the punishment of such actions and to provide
> mechanism for investigation, prosecution and trial of offenses and for
> matters connected herewith or ancillary thereto;
>
> AND WHEREAS THE  the National Assembly is not in session and the
> President is satisfied that the circumstances exist which render it
> necessary to take immediate action;
>
> NOW, THEREFORE,    in exercise of the powers conferred by clause (1)
> of Article 89 of the Constitution of the Islamic Republic of Pakistan,
> and in exercise of all powers enabling in that behalf, the President
> is pleased to make and promulgate the following Ordinance:-
>
> 2.    Definitions.- (1) In this Ordinance, unless there is anything
> repugnant in the subject or context,-
>
> (a)  "access" means gaining access to any electronic system or data
> held in an electronic system or by causing the electronic system to
> perform any function to achieve that objective;
>
> (b)  "Authority" means the Pakistan Telecommunication Authority
> established under section 3 of the Pakistan Telecommunication
> (Re-organization) Act, 1996 (XVII of 1996);
>
> (c)  "Code" means the Code of Criminal Procedure, 1898( Act V of 1898);
>
> (d)  "Constitution" means Constitution of the Islamic Republic of Pakistan;
>
> (e)  "data" means representations of information or of concepts that
> are being prepared or have been prepared in a form suitable for use in
> an electronic system
>
> including but not limited to computer program, text, images, sound,
> video and information within a database or electronic system;
>
> (f)   "decision of the Authority" means decision given, determination
> made or order passed by the Authority under any of the provisions of
> the Pakistan Telecommunication (Re-organization) Act,  1996 (XVII of
> 1996) on any matter relating to one or more licensed operators
> pursuant to the powers conferred upon the Authority by any other law,
> rule, regulation or directive for the time being in force which
> includes any interim order passed by the Authority pending final
> decision;
>
> (g)  "Electronic Certification Accreditation Council" means the
> council established under section 18 of the Electronic Transaction
> Ordinance, 2002 (LI of 2002);
>
> (h)   "electronic" includes but not limited to electrical, digital,
> analogue, magnetic, optical, biochemical, electrochemical,
> electromechanical,electromagnetic, radio electric or wireless
> technology;
>
> (i)   "electronic device" means any hardware which performs one or
> more specific functions and operates on any form or combination of
> electrical energy;
>
> (j)   "electronic mail message" means any data generated by an
> electronic system for a unique electronic mail address;
>
> (k)  "electronic mail address" means a destination, commonly expressed
> as a string of characters, consisting of a unique user or group name
> or mailbox, commonly referred to as the local part, and a reference to
> an internet or intranet domain, commonly referred to as the domain
> part, whether or not displayed, to which an electronic mail message
> can be sent or delivered or originated from and includes an electronic
> mail address which may be permanent, dynamic or disposable;
>
> (1)  "electronic system" means any electronic device or a group of
> interconnected or related devices, one or more of which, pursuant to a
> program or manual or any external instruction, performs automatic
> processing of information or data and may also include a permanent,
> removable or any other electronic storage medium;
>
> (m) "encrypted data" means data which has been transformed or
> scrambled from its plain version or text to an unreadable or
> incomprehensible format and is recoverable by an associated decryption
> or decoding technique, regardless of the technique utilized for such
> transformation or scrambling and irrespective of the medium in which
> such data occurs or can be found for the purposes of protecting such
> data;
>
> (n)  "function" includes logic, control, arithmetic, deletion, storage
> and retrieval and communication or telecommunication to, from or
> within an electronic system;
>
> (o)  "Interpol" means International Criminal Police Organization;
>
> (p)  "offence" includes,-
>
> (i)   an offence punishable under this Ordinance;
>
> (ii)  an offence punishable under the laws mentioned in the Schedule ; or
>
> (iii) any other offence punishable under any other law for the time
> being in force if committed through or by using any computer,
> electronic system, electronic means or electronic device as a means or
> tool;
>
> (q)  "plain version" means original data before it has been
> transformed or scrambled to an unreadable or incomprehensible format
> or after it has been recovered by using any decryption or decoding
> technique;
>
> (r)  "rules" means rules made under this Ordinance; (s) "Schedule" means     the
>
> Schedule to this Ordinance;
>
> (t)   "sensitive electronic system" means an electronic system used
> directly in connection with or necessary for,-
>
> (i)   the security, defence or international relations of Pakistan;
>
> (ii)  the existence or identity of a confidential source of
> information relating to the enforcement of criminal law;
>
> (iii) the provision of services directly related to communications
> infrastructure, banking and financial services, public utilities,
> courts, public transportation, public key infrastructure, payment
> systems infrastructure or e-commerce infrastructure ;
>
> (iv) the protection of public safety including systems related to
> essential emergency services such as police, civil defence and medical
> services ;
>
> (iv) the purpose declared as such by the Federal Government in
> accordance with the prescribed procedure ; or
>
> (vi) containing any data or database protected as such, by any other laws.
>
> (u)  "service provider" includes but not limited to ,-
>
> (i)   a person acting as a service provider in relation to  sending,
> receiving, storing or processing of electronic communication or the
> provision of other services in relation to electronic communication
> through any electronic  system;
>
> (ii)  a person who owns, possesses, operates, manages or controls a
> public switched network or provides telecommunication services; or
>
> (iii) any other person who processes or stores data on behalf of such
> electronic communication service or users of such service;
>
> (v)  "subscriber information" means any information contained in any
> form that is held by a service provider, relating to subscriber's
> services other'than traffic data and by which can be established,-
>
> (i)   the type of communication service used, the technical provisions
> taken thereto and the period of service;
>
> (ii)  the subscriber's identity, postal geographic, "electronic mail
> address, telephone and other access number, billing and payment
> information, available on
>
> the basis of the service agreement or arrangement; or (iii) any other
> information
>
> on the site of the installation of communication equipment, ¦
> available on the basis of the service agreement or     arrangement;
>
> (w) "traffic data" means any data relating to a communication by means
> of an electronic system, generated by an electronic system that formed
> a part  in   the chain of communication, indicating the
> communication's origin, destination, route, time, date, size,
> duration, or type of underlying  service;
>
> (x)  "Tribunal" means the Information and Communication Technologies
> Tribunal constituted under section 31; and
>
> (y)  "unauthorized access" means access of any kind by any person to
> any electronic system or data held in an electronic system or
> electronic device, without authority or in excess of authority, if he
> is not himself entitled to control access of the kind in question to
> the electronic system or electronic device, or data and he does not
> have consent to such access from any person, so entitled.
>
> CHAPTER-II
>
> OFFENCES AND PUNISHMENTS
>
> 3.    Criminal access .- Whoever intentionally gains unauthorized
> access to the whole or any part of an electronic system or electronic
> device with or without infringing security measures, shall be punished
> with imprisonment of either description for a term which may extend to
> two years, or with fine not exceeding three hundred thousand rupees,
> or with both.
>
> 4.    Criminal data access,-   Whoever intentionally causes any
> electronic system or electronic device to perform any function for the
> purpose of gaining unauthorized access to any data held in any
> electronic system or electronic device or on obtaining such
> unauthorized access shall be punished with imprisonment of either
> description for a term which may extend to three years, or with fine
> or with both.
>
> 5.    Data damage.-   Whoever with intent to illegal gain or   cause
> harm to the public or any person, damages any data shall be punished
> with imprisonment of either description for a term which may extend to
> three years, or with  fine, or with both.
>
> Explanation .- For the purpose of this section the expression "data
> damage" includes but not limited to modifying, altering, deleting,
> deterioration, erasing, suppressing, changing location of data or
> making data temporarily or permanently unavailable, halting electronic
> system, choking the networks or affecting the reliability or
> usefulness of data.
>
> 6.   System damage.- Whoever with intent to cause damage to the public
> or any person interferes with or interrupts or obstructs the
> functioning, reliability or usefulness of an electronic system or
> electronic device by inputting, transmitting, damaging, deleting,
> altering, tempering, deteriorating or suppressing any data or services
> or halting electronic system or choking the networks shall be punished
> with imprisonment of either description for a term which may extend to
> three years, or with fine or, with both.
>
> Explanation .- For the purpose of this section the expression
> "services" include any kind of service provided through electronic
> system.
>
> 7.   Electronic fraud.- Whoever for wrongful gain interferes with or
> uses any data, electronic system or electronic device   or induces any
> person to enter into a relationship or with intent to deceive 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 of
> either description for a term which may extend to seven years, or with
> fine, or with both.
>
> 8.   Electronic forgery.- Whoever for wrongful gain interferes with
> data, electronic system or electronic device, with 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 be punished with imprisonment of either
> description for a term which may extend to seven years, or with fine
> or with both.
>
> 9.   Misuse of electronic system or electronic device.- (1) Whoever
> produces, possesses, sells, procures, transports, imports, distributes
> or otherwise makes available an electronic system or electronic
> device, including a computer program, designed or adapted primarily
> for the purpose of committing any of the offences established under
> this Ordinance or a password, access code, or similar data by which
> the whole or any part of an electronic system or electronic device is
> capable of being accessed or its functionality compromised or reverse
> engineered , with the intent that it be used for the purpose of
> committing any of the offences established under this Ordinance, is
> said to commit offence of misuse of electronic system or electronic
> devices:
>
> Provided that the provisions of this section shall not apply to the
> authorized testing or protection of an electronic system for any
> lawful purpose.
>
> (2)   Whoever commits the offence described in sub-section (1) shall
> be  punishable with imprisonment of either description for a term
> which may  extend to three years, or with fine, or with both.
>
> 10. Unauthorized access to code.- Whoever discloses or obtains any
> password, access as to code, system design  or any other means of
> gaining access to  any electronic system or data with intent to obtain
> wrongful gain, do  reverse engineering or cause wrongful loss to any
> person or for any other  unlawful purpose shall be punished with
> imprisonment of either description  for a term which may extend to
> three years, or with fine, or with both.
>
> 11. Misuse of encryption.-  Whoever for the purpose of commission of
> an offence or concealment  of incriminating evidence,  knowingly and
> willfully  encrypts  any incriminating communication or data contained
> in electronic system relating to that crime or incriminating evidence,
> commits the offence of misuse of encryption shall be punished with
> imprisonment of either description for a term which may extend to five
> years, or with fine, or with both.
>
> 12. Malicious code.-  (1) Whoever willfully writes, offers, makes
> available, distributes or transmits malicious code through an
> electronic system or electronic device, with intent to cause harm to
> any electronic system or resulting in the corruption, destruction,
> alteration, suppression, theft or loss of data commits the offence of
> malicious code:
>
> Provided that the provision of this section shall not apply to the
> authorized testing, research and development or protection of an
> electronic system for any lawful purpose.
>
> Explanation,- For the purpose of this section the expression
> "malicious code" includes but not limited to a computer program or a
> hidden function in a program that damages data or compromises the
> electronic system's performance or uses the electronic system
> resources without proper authorization, with or without attaching its
> copy to a file and is capable of spreading over electronic system with
> or without human intervention including virus, worm or Trojan horse.
>
> (2) Whoever commits the offence specified in sub-section (1) shall be
> punished with imprisonment of either description for a term which may
> extend to five years, or with fine or with both.
>
> 13. Cyber stalking.- (1) Whoever with intent to coerce , intimidate,
> or harass any person uses computer, computer network, internet,
> network site ,electronic mail or any other similar means of
> communication to,-
>
> (a)  communicate obscene, vulgar, profane, lewd, lascivious , or
> indecent language, picture or image;
>
> (b)  make any suggestion or proposal of an obscene nature;
>
> (c)  threaten any illegal or immoral act;
>
> (d)  take or distribute pictures or photographs of any person without
> his consent or knowledge; or
>
> (e)  display or distribute information in a manner that substantially
> increases the risk of harm or violence to any other person, commits
> the offence of cyber stalking.
>
> (2)   Whoever commits the offence specified in sub-section (1) shall
> be punishable with imprisonment of either description for a term which
> may extend to seven years or with fine not exceeding three hundred
> thousand  rupees, or with both:
>
> Provided that if the victim of the cyber stalking under sub-section
> (1) is a minor the punishment may extend to ten years or with fine not
> less than one hundred thousand rupees, or with both.
>
> 14. Spamming.- (1) Whoever transmits harmful, fraudulent, misleading,
> illegal or unsolicited electronic messages in bulk to any person
> without the express permission of the recipient, or causes any
> electronic system to show any such message or involves in falsified
> online user account registration or falsified domain name registration
> for commercial purpose commits the offence of spamming.  (2)   Whoever
> commits the offence of spamming as described in sub-section (1) shall
> be punishable with fine not exceeding fifty thousand rupees if he
> commits this offence of spamming for the first time and for every
> subsequent commission of offence of spamming he shall be punished with
> imprisonment of three months or with fine, or with both.
>
> 15. Spoofing.(l) Whoever establishes a website, or sends an electronic
> messagewith a counterfeit source intended to be believed by the
> recipient or visitor or its electronic system to be an authentic
> source with intent to gain unauthorized access or obtain valuable
> information which later can be used for any unlawful purposes commits
> the offence of spoofing.  (2)   Whoever commits the offence of
> spoofing specified in sub-section (1) shall be punished with
> imprisonment of either description for a term which may extend to
> three years, or with fine, or with both.
>
> 16. Unauthorized interception.- (1) Whoever without lawful authority
> intercepts by technical means, transmissions of data to, from or
> within an electronic system including electromagnetic emissions from
> an electronic system carrying such data commits the offence of
> unauthorized interception.  (2)   Whoever commits the offence of
> unauthorized interception described in sub-section (1) shall be
> punished with imprisonment of either description fora term which may
> extend to five years, or with fine not exceeding five hundred thousand
> rupees, or with both.
>
> 17. Cyber terrorism.- (1) Any person, group or organization who, with
> terroristic intent utilizes, accesses or causes to be accessed a
> computer or computer network or electronic system or electronic device
> or by any available means, and thereby knowingly engages in or
> attempts to engage in a terroristic act commits the offence of cyber
> terrorism.
>
> Explanation l.- For the purposes of this section the expression
> "terroristic intent" means to act with the purpose to alarm, frighten,
> disrupt, harm, damage, or carry out an act of violence against any
> segment of the population, the Government or entity associated
> therewith.
>
> Explanation 2.- For the purposes of this section the expression
> "terroristic act" includes, but is not limited to,-
>
> (a)  altering by addition, deletion, or change or attempting to alter
> information that may result in the imminent injury, sickness, or death
> to any segment of the population;
>
> (b)  transmission or attempted transmission of a harmful program with
> the purpose of substantially disrupting or disabling any computer
> network operated by the Government or any public entity;
>
> (c)  aiding the commission of or attempting to aid the commission of
> an act of violence against the sovereignty of Pakistan, whether or not
> the commission of such act of violence is actually completed; or
>
> (d)  stealing or copying, or attempting to steal or copy, or secure
> classified information or data necessary to manufacture any form of
> chemical, biological or nuclear weapon, or any other weapon of mass
> destruction.
>
> (2)   Whoever commits the offence of cyber terrorism and causes death
> of anyperson shall be punishable with death or imprisonment for life,
> and with fine and
>
> in any other case he shall be punishable with imprisonment of either
> description for a term which may extend to ten years, or with fine not
> less than ten-million rupees, or with both.
>
> 18. Enhanced punishment for offences involving sensitive electronic
> systems.-(l) Whoever causes criminal access to any sensitive
> electronic system in the course of the commission of any of the
> offences established under this Ordinance shall, in addition to the
> punishment prescribed for that offence, be punished with imprisonment
> of either description for a term which may extend to ten years, or
> with fine not exceeding one million rupees, or with both.  (2)   For
> the purposes of any prosecution under this section, it shall be
> presumed, until contrary is proved, that the accused had the requisite
> knowledge that it was a sensitive electronic system.
>
> 19. Of abets, aids or attempts to commits offence .- (1) Any person
> who  knowingly and willfully abets the commission of or who aids to
> commit or does any act preparatory to or in furtherance of the
> commission of any offence under this Ordinance shall be guilty of that
> offence and shall be liable on conviction to the punishment provided
> for the offence.
>
> (2)   Any person who attempts to commit an offence under this
> Ordinance shall be punished for a term which may extend to one-half of
> the longest term of imprisonment provided for that offence.
>
> Explanation.- For aiding or abetting an offence to be committed under
> this section, it is immaterial whether the offence has been committed
> or not.
>
> 20. Other offences.- Whoever commits any offence other than those
> expressly provided under this Ordinance, with the help of computer
> electronic system, electronic device or any other electronic means
> shall be punished, in addition to the punishment provided for that
> offence, with imprisonment of either description for a term which may
> extend to two years, or with fine not exceeding two hundred thousand
> rupees, or with both.
>
> 21. Offences by corporate body.- A corporate body shall be held liable
> for an offence under this Ordinance if the offence is committed on its
> instructions or for its benefit. The corporate body shall be punished
> with fine not less than one hundred thousand rupees or the amount
> involved in the offence whichever is the higher:
>
> Provided that such punishment shall not absolve the criminal liability
> of the natural person who has committed the offence.
>
> Explanation.- For the purposes of this section corporate body,
> includes a body of persons incorporated under any law such as trust,
> waqf, an association, a statutory body or a company.
>
> CHAPTER-III
>
> PROSECUTION AND TRIAL OF OFFENCES
>
> 22. Offences to be compoundable and non-cognizable.- All offences
> under this Ordinance shall be compoundable, non-cognizable and
> bailable except the offences  punishable with imprisonment for seven
> years or more.
>
> 23. Prosecution and trial of offences.- (1) The Tribunal shall take
> cognizance of and try any offence under this Ordinance .
>
> (2)   In all matters with respect to which no procedure has been
> provided in this Ordinance or the rules made thereunder, the
> provisions of the Code shall, mutatis mutandis, apply for the trial.
>
> (3)  All proceedings before the Tribunal shall be deemed to be
> judicial proceedings within the meanings of sections 193 and 228 of
> the Pakistan Penal Code, 1860 (XLV of 1860) and the Tribunal shall be
> deemed to be a Court for the purposes of sections 480 and 482 of the
> Code.
>
> 24. Order for payment of compensation.- The Tribunal may, on awarding
> punishment of imprisonment or fine or both for commission of any
> offence, make an order for payment of any compensation to the victim
> for any damage caused to his electronic system or data by commission
> of the offence and the compensation so awarded shall be recoverable as
> arrears of land revenue:
>
> Provided that the compensation awarded by the Tribunal shall not
> prejudice any right to a civil remedy for the recovery of damages
> beyond the amount of compensation awarded.
>
> CHAPTER-IV
>
> ESTABLISHMENT OF INVESTIGATION AND PROSECUTION AGENCIES
>
> 25. Establishment of investigation agencies and prosecution.- The
> Federal Government shall establish a specialized investigation and
> prosecution cell within Federal Investigation Agency to investigate
> and prosecute the offences under this Ordinance:
>
> Provided that till such time any agency is so established, the
> investigation and prosecution of an offence shall be conducted in
> accordance with the provisions of the Code:
>
> Provided further that any police officer investigating an offence
> under this Ordinance may seek assistance of any special investigation
> agency for any technical in-put, collection and preservation of
> evidence.
>
> 26. Powers of officer.- (1) Subject to obtaining search warrant an
> investigation officer shall be entitled to,-
>
> (a)  have access to and inspect the operation of any electronic system;
>
> (b)  use or cause to be used any such electronic system to search any
> data contained in or available to such electronic system;
>
> (c)  have access to or demand any information, code or technology
> which has the capability of retransforming or unscrambling encrypted
> data contained or available to such electronic system into readable
> and comprehensible format or plain version;
>
> (d)  require any person by whom or on whose behalf, the investigating
> officer has reasonable cause to believe, any electronic system has
> been used;
>
> (e)  require any person having charge of, or otherwise concerned with
> the operation of such electronic system to provide him reasonable
> technical and other assistance as he may require for the purposes of
> clauses (a), (b) and (c); and (f)   require any person who is in
> possession of decryption information of under investigation electronic
> system , device or data to grant him access to such decryption
> information necessary to decrypt data required for the purpose of
> investigating any such offence.
>
> Explanation.- Decryption information means information or technology
> that enables a person to readily retransform or unscramble encrypted
> data from its unreadable and from cipher text to its plain text.
>
> (2)  The police officer may, subject to the proviso, require a service
> provider to submit subscriber information relating to such services in
> respect of a person under investigation in that service provider's
> possession or control necessary for the investigation of the offence:
>
> Provided that the investigating officer shall get prior permission to
> investigate any service provider from the licensing authority where
> prior permission of the licensing authority is required under any law
> to investigate the licensed service provider.
>
> (3)  Any person who obstructs the lawful exercise of the powers under
> sub-sections (1) or (2) shall be liable to punishment with
> imprisonment of either description for a term which may extend to one
> year, or with fine not exceeding one hundred thousand rupees, or with
> both.
>
> 27. Real-time collection of traffic data.- (1) The Federal Government
> may require a licensed service provider, within its existing or
> required technical capability, to collect or record through the
> application of technical means or to co-operate and assist any law
> enforcement or intelligence agency in the collection or recording of
> traffic data or data, in real-time, associated with specified
> communications transmitted by means of an electronic system.  (2)
> The Federal Government may also require the service provider to keep
> confidential the fact of the execution of any power provided for in
> this section and any information relating to it.
>
> 28. Retention of traffic data,- (1) A service provider shall, within
> its existing or required technical capability, retain its traffic data
> minimum for a period of ninety days and provide that data to the
> investigating agency or the
>
> investigating officer when required. The Federal Government may extend
> the period to retain such date as and when deems appropriate.
>
> (2)   The service providers shall retain the traffic data under
> sub-section (1) by fulfilling all the requirements of data retention
> and its originality as provided under sections 5 and 6 of the
> Electronic Transaction Ordinance, 2002 (LI of 2002).
>
> (3)   Any person who contravenes the provisions of this section shall
> be punished with imprisonment for a term of six months, or with fine,
> or with both.
>
> 29.   Trans-border access.- For the purpose of investigation the
> Federal Government or the investigation agency may, without the
> permission of any foreign
>
> Government or international agency access publicly available
> electronic system or data notwithstanding the geographically location
> of such electronic system or data, or access or receive, through an
> electronic system, data located in foreign country or territory, if it
> obtains the lawful and voluntary consent of the person who has the
> lawful authority to disclose it:
>
> Provided that such access is not prohibited under the law of the
> foreign Government or the international agency:
>
> Provided further that the investigating agency shall inform in writing
> the Ministry of Foreign Affairs of Government of Pakistan and other
> relevant agencies as the case may be about the investigation conducted
> under this section.
>
> CHAPTER - V
>
> INTERNATIONAL COOPERATION
>
> 30.   International cooperation.- (1) The Federal Government may
> cooperate with any foreign Government, Interpol or any other
> international agency with whom
>
> it has, or establishes, reciprocal arrangements for the purposes of
> investigations or proceedings concerning offences related to
> electronic system and data, or for the collection of evidence in
> electronic form of an offence or obtaining expeditious preservation
> and disclosure of traffic data or data by means of an electronic
> system or real-time collection of traffic data associated with
> specified communications or interception of data.
>
> (2)  The Federal Government may, without prior request, forward to
> such foreign Government, Interpol or other international agency, any
> information obtained from its own investigations if it considers that
> the disclosure of such
>
> information might assist the other Government or agency in initiating
> or carrying out investigations or proceedings concerning any offence.
>
> (3)  The Federal Government may require the foreign Government,
> Interpol or other international agency to keep the information
> provided confidential or use it subject to some conditions.
>
> (4)  The investigating agency shall, subject to approval of the
> Federal Government, be responsible for sending and answering requests
> for mutual assistance, the execution of such requests or their
> transmission to the authorities competent for their execution.
>
> (5)  The Federal Government may refuse to accede to any request made
> by such foreign Government, Interpol or international agency if the
> request concerns an offence which is likely to prejudice its
> sovereignty, security, public order or other essential interests.
>
> (6)  The Federal Government may postpone action on a request if such
> action would prejudice investigations of proceedings conducted by its
> investigation agency.
>
> Chapter - VI
>
> INFORMATION AND COMMUNICATION TECHNOLOGIES TRIBUNAL
>
> 31. Information and Communication Technologies Tribunal .- (1) As soon
> as possible after the commencement of this Ordinance , the Federal
> Government shall, by notification in the official Gazette, constitute
> the Information and Communication Technologies Tribunal whose
> principal seat shall be at Islamabad.
>
> (2)  The Tribunal may hold its sittings at such place or places as the
> Federal Government may decide.
>
> (3)  The Tribunal shall consist of a chairman and as many members as
> the Federal Government may determine but not more than seven members.
>
> (4)  The Chairman may constitute Benches of the Tribunal and unless
> otherwise directed by him a Bench shall consist of not less than two
> members. A Bench shall exercise such powers and discharge such
> functions as may be prescribed. There shall be established at least
> one Bench in each province.
>
> (5)  The Federal Government shall appoint the Chairman and members of
> the Tribunal.
>
> 32. Qualifications for appointment.- (1) A person shall not be
> qualified for appointment as Chairman unless he is, or has been, or is
> qualified for appointment as a judge of a High Court.
>
> (2)  A person shall not be qualified for appointment as a member unless  he -
>
> (a)  has for two years served as a District and Sessions Judge;
>
> (b)  has for a period of not less than ten years been an advocate of a
> High Court; or
>
> (c)  has special knowledge of legislation and professional experience
> of not less  than ten  years  in the  field  of telecommunication  and
>  information technologies.
>
> 33. Salary, allowances and other terms and conditions of services.-
> The salary, allowances, privileges and the other terms and conditions
> of service of the Chairman and members of the Tribunal shall be such
> as the Federal Government may, by notification in official Gazette,
> determine.
>
> 34. Resignation and removal.- (1) The Chairman or a member of the
> Tribunal may, by writing under his hand addressed to the Federal
> Government, resign his office:
>
> Provided that the Chairman or a member shall, unless he is permitted
> by the Federal Government to relinquish his office sooner, continue to
> hold office until the expiry of three months from the date of receipt
> of such resignation or until a person duly appointed as his successor
> enters upon his office whichever is earlier.
>
> (2)  The Chairman or a member of the Tribunal shall not be removed
> from his office before expiry of the term determined under section 33,
> by the Federal Government except as may be prescribed.
>
> (3)  The Federal Government may, by rules, regulate the procedure for
> the investigation of misconduct or physical or mental incapacity of
> the Chairman and a member of the Tribunal.
>
> 35. Saving Tribunal's proceedings.- No act or proceedings of the
> Tribunal shall be called in question in any manner on the ground
> merely of any defeat in the constitution of the Tribunal.
>
> 36. Employees of the Tribunal.- (1) The Federal Government shall
> provide the Tribunal with such employees as the Government may deem
> appropriate in consultation with the Chairman of the Tribunal.
>
> (2)      The employees of the Tribunal shall perform their duties
> under   general superintendence of the Chairman of the Tribunal.
>
> (3)  The salaries, allowances and other conditions of service of the
> employees of the Tribunal shall be such as may be prescribed by the
> Federal Government.
>
> 37.       Right to legal representation.-    The parties in appeal may
> either appear in person or authorize one or more legal practitioners,
> and in case of a corporate body any of its officers, to present the
> case before the Tribunal.
>
> 38. Amicus curiae. - (1)  The Tribunal may, if it so requires, be
> assisted in technical aspects in any case by an amicus curiae having
> knowledge and experience in information communication technologies,
> finance and economics.
>
> (2)        The Federal  Government shall maintain a list of amicus
> curiae having relevant qualifications and experience.
>
> (3)  The Tribunal in consultation with the Federal Government shall
> determine the remuneration of the amicus curiae and the Tribunal may
> decide the party or parties to pay such remuneration, keeping in view
> the circumstances of each case.
>
> 39. Procedure and powers of Tribunal.- (1) Subject to the provisions
> of this Ordinance and the rules made thereunder, the Tribunal,--
>
>             '
>
> (i)   may, where it deems necessary, apply the procedures as provided
> in the Code or, as the case may be, in the Code of Civil Procedure,
> 1908 (Act V of 1908);
>
> (ii)  in the exercise of its civil jurisdiction, shall have powers
> vested in the civil court under the Code of Civil Procedure, 1908; and
>
> (iii) in the exercise of its criminal jurisdiction, shall have the
> same powers as are vested in the Court of Session under the Code.
>
> 40. Appeal to Tribunals.- (1) Any person aggrieved by any of the
> following orders may, within fifteen days from the date of such order,
> prefer an appeal to the Tribunal, namely :--
>
> (a)  any decision of the Authority; or
>
> (b)  any decision of the Electronic Certification Accreditation Council:
>
> Provided that no appeal shall lie to the Tribunal from an order passed
> by the Authority or the Electronic Certification Accreditation Council
> with the consent of the parties.
>
> (2)       Any appeal against a decision of the Authority shall be
> accompanied by a court fee,-
>
> (a)  ten thousand rupees where the valuation of the subject matter in
> issue is not more than five million rupees;
>
> (b)  fifty thousand rupees where the valuation of the subject matter
> in issue is more than five million rupees but not more than ten
> million rupees; and
>
> (c)  one hundred thousand rupees where the valuation of the subject
> matter in issue is more than ten million rupees.  if,
>
> (3)  The appeal filed before the Tribunal under sub-section (1) shall
> be dealt with by it as expeditiously as possible and the Tribunal
> shall dispose of the appeal finally within ninety days from the date
> of receipt of the appeal.
>
> 41. Powers of Tribunal.- The Tribunal while hearing an appeal under
> section 40 shall have all the powers as are vested in the court of
> first appeal under the Code in exercise of its civil jurisdiction in
> respect of appeal against any decision or order of the Authority or
> the Electronic Certification Accreditation Council,
>
> 42. Limitation".- The provisions of the Limitation Act, 1908 (IX of
> 1908), shall, mutatis mutandis , apply to the proceedings of Tribunal.
> 43. Appeal to High Court. - (1) Any person aggrieved by -
>
> (1)  any decision or order of the Tribunal made under section 40 may
> prefer second appeal to the respective High Court within thirty days
> from the date of the decision or order of the Tribunal:
>
> Provided that appeal under this clause shall lie only if the High
> Court grants leave to appeal;
>
> (ii)       an order of conviction passed by the Tribunal in respect of
> any offence under this Ordinance may prefer an appeal to the
> respective High Court within thirty days of the decision or order of
> the Tribunal.
>
> (2)  An appeal against an order of the Tribunal under section 40 or an
> order of sentence exceeding ten years shall be heard by the Division
> Bench of the High Court.
>
> 44.        Civil court not to have jurisdiction.- No court shall have
> jurisdiction to entertain any suit or proceeding in respect of any
> matter which the Tribunal constituted under this Ordinance is
> empowered by or under this Ordinance to determine and no injunction
> shall be granted by any court or other authority in respect of any
> action taken or to betaken in pursuance of any power conferred by or
> under this Ordinance.
>
> 45.       Transitory proceedings.-   (1) Until the establishment of
> the Tribunal all cases, proceedings and appeals, subject matter of
> which is within jurisdiction of the Tribunal, shall continue to be
> heard and decided by the competent forum existing under any law for
> the time being in force.
>
> (2)  On the constitution of the Tribunal all cases, proceedings and
> appeals shall stand transferred to and be heard and disposed of by the
> Tribunal.
>
> (3)  On transfer of cases, proceedings and appeals under sub-section
> (2), the Tribunal shall proceed from the stage the proceedings had
> reached immediately prior to the transfer and shall not be bound to
> recall any witness or again record any evidence mat may have been
> recalled.
>
> CHAPTER - VII MISCELLANEOUS
>
> 46.       Ordinance to override other laws.-    The provisions of this
> Ordinance shall have effect notwithstanding anything to the contrary
> contained in any other law for the time being in force.
>
> 47.       Power to amend Schedule.-   The Federal Government may. by
> notification in the official Gazette, amend the Schedule so as to add
> any entry thereto or modify or omit any entry therein.
>
> 48.       Powers to make rules. -   (1) The Federal Government may ,
> by notification in the official Gazette, make rules for carrying out
> purposes of the Tribunal.
>
> 49.       Removal of difficulties. -   If any difficulty arises in
> giving effect to the provisions of this Ordinance, the  Federal
> Government may, by order published in the official Gazette , make such
> provisions not inconsistent with the provisions of this Ordinance as
> may appear to be necessary for removing the difficulty.
>
> THE FIRST SCHEDULE
>
> (See section 2(p)(ii))
>
> 1.   The Electronic Transactions Ordinance, 2002 (LI of 2002).
>
> 2.     The Pakistan Telecommunication (Re-organization) Act, 1996       (XVII
>
>         of 1996).
>
> 3.   The Telegraph Act, 1885 (XIII of 1885).
>
> 4.   The Wireless Telegraphy Act, 1933 (XVII of 1933).
> ____________________________________________________________
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Regards,

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"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
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"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
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