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Cybercrimes and Violence Against WomenJehan Ara, President, Pakistan Software Houses Association for IT & ITES
The IssueThe Internet is not creating
new forms of crimes against women and childrenBUTit is creating new ways and means for crimes to be perpetrated
The Flip Side The Internet is also creating
new ways and means for people to:- Organize- Network- Campaign- Bring about Social Change
ICT & VAW ICTs – encompass a broad range of
technologies – internet, mobile, radio, television, wireless technologies
VAW – “any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to women including threats of such acts, coercion or arbitrary deprivation of liberty”
ICT-VAW Connection Information & Communication
Technologies increasingly woven into all aspects of our lives
Has the potential to change inequality by enabling more people to have a say in how we shape our world
ICTs currently have the same power imbalance that leads to VAW
Cybercrimes that affect women Harrassment via emails & smses
Cyber-stalking
Cyber pornography & Defamation
Morphing
Exploitation of women through use of YouTube, Facebook & other social media
Email spoofing/tampering
Visual Surveillance & Tracking
What does this mean? Should women be “protected” from
the “evils” of technology?
and thereby from its benefits?
Should they miss out on:- Personal Freedom- Educational Opportunities- Employment Opportunities- Entertainment Opportunities- Communication & Networking
Reclaiming the power of ICTs (Take Back the Tech) Take control, define, access, use &
shape ICTs to achieve our potential
Sharing information & knowledge
Capacity Building & Education
Media Alternatives
Networking & Building Solidarity
Creating a power balance
Prevention of E-Crime Ordinance (PECO) Definitions are inaccurate & vague
Safeguards for rights, liberties and Freedom of Expression not built in
Sweeping arbitrary powers of investigation & prosecution
Huge lacunas & no chain of custody defined
Privacy & confidentiality missing
Abuse possible & extremely likely
So let me set the sceneWorld in chaosSecurity the buzz wordNew legislations being pushed throughCitizens & businesses – rights being
impingedThe Internet is creating opportunities
that can & have empowered usLegislation is trying to take these away
under the guise of “protecting us”
In the Pakistan context
The Prevention of E-Crime Ordinance (PECO)
Blocking of IPsMonitoring of Telephony (data and
voice) Traffic
PECO – impact on businesses & individualsDefinitions very vague & often inaccurate Terms like immoral, obscene & harmful
are usedCrimes defined very loosely and end with
phrases like “but not limited to”No protection for individual & business
rightsNo chain of custody laid downRights to privacy under threat
How can PECO be mis-used?Terms like immoral, obscene & harmful
can be used to criminalize anythingBroad powers given to law enforcementNo judicial oversightCan be misused for political
victimization, to get back at business partners, against individuals and women who do not tow the line
Most offences unbailable
Retention of traffic data
Service provider must retain its traffic data for a minimum of 90 days
The Government may extend the period to retain such data as and when they deem appropriate
How PECO violates the Constitution
Article 13 – Protection against double punishment
Article 19 – Freedom of Speech
Article 24 – Protection of Property
ICT Tribunal
Federal Government shall appoint Chairman and members
Judiciary and Chief Justice need not be consulted
Hiring, Firing, Promotion & bonuses all the purview of the Federal Government
Do we need cyber crime legislation?
Yes – but the right kind of legislationNo need to reinvent the wheelCouncil of Europe Legislation on Cyber
Crime, Legislation on Data Protection, Legislation on Privacy & Confidentiality
International collaboration against cyber criminals
What action have we taken?
Joining hands – business, civil society, legal experts, bloggers, the media
Policy advocacy using all channelsCreating an awareness within the
National Standing Committee on ITConstantly keeping the topic ‘hot’
Talking about it on mass media
Creating an awareness
Spreading the message virally
Spreading the message virally
Joining hands
The results
The results
Finally … a small victory
The Prime Minister announces in Parliament that he too has reservations against the Prevention of Electronic Crime Ordinance (PECO) & is sending it back to the Federal Committee for reassessment & Public feedback
PECO needs to be re-drafted All stakeholders should be consulted &
draft put up for public feedback
Definitions of crimes need to be clear to ensure against arbitrary arrests
Clear safeguards against surveillance.
Judicial warrants an absolute must
Collection of data should be restricted only to suspects, not mass surveillance
Individuals have a right to recourse
Who needs to be involved Technology industry – P@SHA/ISPAK
Women Empowerment groups
Development Organisations
Civil Society & Human Rights groups
Corporate sector & Legal experts
Parliamentarians
MoITT, FIA, PSEB, Law Ministry
Once PECO is re-drafted Pakistan needs to sign:
- CoE Convention on Human Rights - CoE convention on Data Protection
- CoE Convention on Cybercrime 2001- Global ITU Cyber Security 2007
In addition, Privacy & Confidentiality legislation is required
Any Questions? www.af.org.pk
www.takebackthetech.net
www.bytesforall.net
www.pasha.org.pk
jehanara.wordpress.com