The federal cabinet has withheld the proposed cyber crimes draft bill 2006 and instead constituted a four-member committee for proposing amendments taking into account domestic environment and needs, official sources told Business Recorder.
"Most of the offences proposed in the draft bill were crimes being committed in the United States alone but not in other developed countries and the cabinet was of the view that the law should be in line with local environment," the sources added.
The committee comprising Prime Minister''s Senior Advisor on Foreign Affairs and Law Sharif-ud-Din Pirzada, Ministers for Law, Interior and Information Technology would decide which agency should be tasked to deal with cyber crimes.
The cabinet was informed that the widespread use of information technology while facilitating provision of services at a much faster pace has also resulted in cyber crimes like from damage to data and electronic system, electronic fraud and forgery, unauthorised access to code and misuse of encryption, cyber stalking, spanning, spoofing, unauthorised interception and cyber terrorism which were not covered under the existing legislation, the sources added.
The Ministry of Information Technology was of the view that the government is introducing prevention of electronic crimes bill to create an environment where business transactions can be electronically conducted with some degree of confidence.
The sources said, though the cabinet appreciated the concerned ministry for taking the initiative in consultations with the stakeholders, it observed that issues of implementation were of extreme importance.
However, the cabinet was of the view that law enforcing agencies do not have substantial expertise to deal with such crimes, which are spreading in the country.
"Since our agencies do not have capacity to deal with cyber crimes in an effective manner it will be important to decide which agency will be entrusted with the investigation and enforcement of this law," the sources quoted some of the ministers as saying before the formulation of the committee.
The sources said the committee has been mandated to determine whether the scope of the proposed law is appropriate and adequate.
The committee would see what institutional arrangement is required for investigation and prosecution in the prevention of electronic crime law.
The committee would also recommend that which forum would be competent to hear appeal against the judgement or order of the dealing authority.
According to sources the committee would also review the quantum of punishment proposed in the draft bill so as to ensure propriety and balance.
The committee would suggest that what are the enabling amendments are needed in the existing laws for the purpose of making the proposed electric crimes bill effective. The sources said that the committee has been directed to submit its report to the cabinet within a month.
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