Codification of Cyber Terrorism in Ordinance (LXXII 2007) in Pakistan

Pakistan has promulgate the ordinance named Prevention of electronin crime ordinance 2007, its sec 17 elucidate the cyber terrorism.

Codification of Cyber Terrorism in Ordinance (LXXII 2007) in Pakistan

By

S.J.TUBRAZY (Advocate)

Human instinct by is nature always try to remedy the upcoming apprehensions, a great tool of internet may be in the hand of angry segment of any community with destructive intent, conversely world community still is not at stage to enjoy fully the fruits of information technology and internet, but apprehensions of cyber terrorism have to fling to the minds of global community. European Union is already getting the ache of heads together to holding the convention on issues of cyber terrorism and cyber crimes as;
i. Council of Europe of the Cybercrime Convention (2001).
ii. Council of Europe Convention on the Prevention of Terrorism (CETS No. 196) Explanatory Report.
iii. European Convention on Cybercrime (ETS No. 185)
Explanatory Report.
iv. Parliamentary Assembly Recommendation 1706 (2005) on media and terrorism.
v. Parliamentary Assembly Recommendation 1565 (2007),

But the difference of minds still exists to fix the definition of terrorism, jurists still are not able to differentiate between the cyber crime and cyber terrorism. A disease can't be cure without successful diagnose, neither the national law nor the international law can curb the evils of terrorism without fixing them in a laid down definition of terrorism.

Pakistan initiate to codify the cyber terrorism in the Prevention of Electronic Crime Ordinance 2007, the section of 17 of the ordinance is reproduced herein below;
Sec.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.
Explanation1: 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.
Explanation2: 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 o 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 any person shall be punishable with death or imprisonment for life, and with line 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.

Jurist have provided the crutches of intent to the Sec 17 (cyber terrorism) which make it dependant to the grounds fact and circumstances of commission of act of terrorism to determine the terrorist intent which may decrease the delusion and misconception of the Sec 17 (cyber terrorism) and let it upon for the intellectual and legal debate to trace its natural synchronized meanings.

In defining the cyber terrorist activity it is necessary to segment of action and motivation. There is no doubt that acts of hacking can have the same consequences as acts of terrorism but in the legal sense the intentional abuse of the information cyberspace must be a part of the terrorist campaign or an action. As a society that prides itself on impartiality of justice, we must provide clear and definitive legislative guidelines for dealing with new breed of terrorism. As things stand now, justice cannot be served as we have yet to provide a clear definition of the term. Prior to taking combative actions on the legislative and operational front, one has to precisely define the enemy. That is, it is imperative to expand the definition of terrorism to include cyber-terrorism.
How someone can be prevented from committing a crime? It is the essence of law, enhancing the fear of mass destruction by some terrorist act through any media; sagacious mind can't allow to be restrained in limited definition of cyber terrorism. The promulgation of prevention of electronic crime ordinance 2007 may be milestone to preserve the mental tranquility and serenity of online global community, the codification of cyber terrorism with mechanism of trans-border access is a method to curb destructive activities of present menace of terrorism.
(Author is a lawyer of cyber laws in Pakistan)

Sj.tubrazy is legal professional and has written various books and many features and articles on cyber laws and issues.