New Cyber Law - REAL FACTS

Posted by: Muhammad Ali Raza on November 10, 2008 at 12:01 PM

Cyber Crime law, that re-emerged few days back, in shape of presidential order (despite, there is a parliament available, I am unable to comprehend what urgency was there that President had to put forward this ordinance, anyway, its not part of our discussion), we need to fully understand this law. Because, it can be really very crucial for us, as the law have all the capabilities for trapping any one of us.

There are certain discussions going on over the technology forums, where Gurus are pointing out several aspects of cyber crime law, similarly, I wanted to put forward my opinion and observations as well.

The first thing after going through the draft of this ordinance, is that it is largely un-practicable – due to incompetence of our law enforcement agencies, and overall judicial structure. There are good chances, that lawyers never ever carried away any training or courses for getting familiar with internet and computer related criminal procedures.

Government of UAE can be taken as a good example, for instance, they never make anything a law until they can’t implement it. Because, making a law without any implementation or without availing the technology to get the rules implemented, just introducing a law makes no sense at all. Continue Reading This Story

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Death Penalties for Cyber-Terrorism - Part of Law Now

Posted by: Aamir Attaa on November 7, 2008 at 5:16 AM

This news report that appeared in “Daily Times” today (November 7th, 2008) - appears to be another interesting outcome of Government; as this “Prevention of Electronic Crimes Ordinance” is effective from September 29, however, the government just got late in announcing it.

Don’t get worried, my readers, In fact this story is not for everyone, because it says death penalties to those only, who are involved in Terrorism act, being carried away through computers and internet. Furthermore, death penalty is limited to an offense that ‘Causes death of any person’. Continue Reading This Story

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PTCL Made to Pay Rs. 10,000 Suit Amount for not restoring Phone

Posted by: Aamir Attaa on September 19, 2008 at 6:54 AM

It is reported that District Consumer Court Judge Syed Maruf Ahmed Ali ordered PTCL to refund Rs 4,300 along with the cost amounting to Rs 10,000 to the petitioner within 10 days on an suit case filed by Muhammad Jamshed Rana under Punjab Consumer Protection Act, 2005, for the recovery of PTCL bill payments he made with the cost of suit – He had been paying phone bills while his phone remained dead.

“The Post” has reported that complainant was submitted against PTCL that was alleged that since the installation of the connection, it remained out of order and several written as well as telephonic complaints were made to PTCL, but to no effect, adding the petitioner was paying regularly monthly bills but the said phone connection has been out of order for the last 14 months.

Paper says that the petitioner did his best to get the issue resolved and he even approached GM, PTCL for restoration of the connection and refund of amount paid on account of line rent.

However, in total desperation, the petitioner issued a legal notice to PTCL but no reply was received and finally prayed to the court for the recovery of 14 months line rent and damages. Asif said the court, after hearing arguments of both sides and perusing the record, observed that the petitioner had proved his case and was entitled to refund of the amount along with another sum of Rs 10,000 which shall be paid by the respondent within 10 days of this order.

My first impression after reading this news was that PTCL will be hiring more lawyers in coming days, as this can be a start to un-ending suit cases against them. To be true, not only PTCL, but all other telecom companies may face such Suits from their subscribers, if they violate any consumer law.

This is maybe a warning message to service providers that get better or there are heavy suits waiting for them ahead…

One of my friend is also planning to file a suit against UBL for holding Rs. 50,000 for 10 days without any reason. And even his complain was not logged by CSR… I will post you guys once there is any update on this

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FBR Decided to Take Legal Action against PTA for Recovering Tax Valuing Rs. 9 bln

Posted by: Aamir Attaa on September 8, 2008 at 6:49 PM

Federal Board of Revenue has directed the member Direct Taxes to start recovery of income tax from Pakistan Telecommunication Authority, which values Rs. 9 billion in amount, in response to what FBR had communicated PTA to pay their taxes by August 27, 2008, failing which besides imposition of penalty of u/s 183 additional taxes would also be charged at 12 percent per annum, furthermore FBR believed that tax amount will be recovered by adopting all recovery measures as warranted by Income Tax Law.

It was told by a high level official at FBR that PTA is not paying its taxes for last 10 years, and that the tax amount has reached Rs. 9 billion during this time period. The case has been re-opened after it was settled last year when PTA had paid Rs. 1 billion as an installment, but afterwards telecom authority is using delaying tactics to avoid paying taxes, added FBR sources.

When contacted FBR official, who is responsible to tackle PTA’s case, told us that telecom authority is claiming exception which is not due at all; FBR official further said that exemption from tax is not available to government authorities as it was withdrawn by virtue of overriding provision of section 54 of Income Tax Ordinance 2001.

FBR Officer further told that PTA has been delaying this payment for more than 10 years now. “Limit is limit; we can’t send them notices anymore. FBR may direct Telecom companies to submit their license fee directly to FBR if PTA will keep on delaying this tax amount”, concluded FBR official.

When contacted a PTA official, he refused to comment any thing on the issue, as he believed that the matter is both in High Court and Appellate Tribunals, and must not be commented until it is not decided.

Financial analysts suggest that PTA must give this tax, as all other government authorities are paying their taxes to FBR. The amount has to reach our national treasury… Either PTA pays it directly or it goes through FBR, then why not to follow the rule…?

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Quit Deceptive Marketing or Face Severe Penalties: PTA

Posted by: Aamir Attaa on August 30, 2008 at 6:34 AM

Pakistan Telecommunication Authority will take severe action against those cellular companies that use deceptive marketing strategies to acquire consumers’ attention by falsely claimed or misleading statements and/or facts. This was communicated to all cellular mobile operators of Pakistan through an official notice sent on August 29, 2008

A high level source from a cellular company told that an official letter was sent to them from PTA which said that authority has been observing that some Cellular companies are engaged in such advertisement campaigns which are misleading for general public and are of deceptive nature in its content.

Source confirmed that PTA had already issued warnings to mobile companies, on which telcos paid very little attention and continued their practices to print / or-air such advertisements which enormously increased consumer complaints and questions by the public representatives in the Parliament.

Current notice from PTA further said that print and electronic advertisements published / aired by cellular companies do not contain the details of applicable term and conditions along with the rates or these are vertically printed in unreadable small font making it difficult for the consumers to comprehend the relevant charges as well as the terms and conditions.

Notice asked all cellular companies to make sure that such associated conditions of the advertisements that can have a significant influence on the decision making of the consumer must be disclosed. In addition, the tariff and unit of charging should be in legible font, making it convenient for a consumer to comprehend the applicable terms.

Notice said that all cellular companies are directed to ensure strict compliance with the directives given in the notice. Otherwise authority may take severe action in accordance with the provisions of the Pakistan Telecommunication Act and may conduct public hearing on this.

According to the Telecommunication Act of Pakistan, protecting consumers’ rights is a function of Pakistan Telecommunication Authority, and for the purpose they had been issuing several notices to cellular companies. However, authority has not issued any show-cause notice or fined any cellular company for deceptive marketing as of now.

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Who Actually Recorded Musharraf-Benazir Calls?

Posted by: Aamir Attaa on August 10, 2008 at 11:49 PM

“The Way of The World” by Ron Suskind has given new dimensions to the political talks in Pakistan. Ron Suskind, well-known and award winning author, has provided the “details” of intensively discussed “Deal” between Musharraf and Late Ms. Benazir Bhutto.

Content of the book has added more fuel to debates that are being conducted on coalition’s decision of Musharraf impeachment. Taped politically heated conversation between Musharraf and Benazir Bhutto seem to make people to reconsider their political sympathies with them.  It is notable that truth about the deal that was designed and supervised by America has been made public at a very crucial time. It can effect the on going impeachment process and political happenings in Pakistan in one way or another.

In politics, the principle of give and take and concept of deal are not forbidden trees. From autocracy to democracy, politicians have always been found indulged in preparing ground for their own political interests. Our concern, for time being, is not the deal between Musharraf and Benazir but our grave concern is how their telephone calls were first taped and then recorded material was safely and quietly handed over to concerned authorities in America.

Ron Suskind has dedicated a large part of his book to the information gathered from these taped calls. A big question arises here that how these calls were recorded in Pakistan? Given that, only Intelligence Agencies were then allowed to keep an eye on telephonic conversation of any individual of the country. (Now home ministry can tape your voice calls too).

It is ridiculous to think that ISI got these calls taped and then handed it over to America. It is not possible even if we get proof that there is an anti-Musharraf or anti-Benazir element exists within ISI.

If not ISI, then this job was done with the cooperation of the any cellular company of Pakistan. Earlier this year, we had news in Telecom sector that a Cellular company was found guilty of sending these voice tapes of President Musharraf and other mainstream leaders to CIA. Assuming that it was not ISI, then this particular cellular company should be held answer able.

If some one comes with the proof that ISI recorded those calls, may be on the advice of Musharraf to use these calls afterwords to keep Ms. Benazir Bhutto on track , it is acceptable  but if it is not the case then?

External forces have always influenced internal matters of Pakistan. It is a truth that needs not to be revealed in a book. Some external forces exercise their direct influence and some go for indirect way.

My question here is, who is going to charge that cellular company? or the any other entity that gave these recorded calls to CIA? Government of Pakistan? PTA? lol damn

Furthermore, USA must be ashamed of the double standards that it has maintained. One one side they talk of the human rights of their citizen, and on other hands they are invading the privacy of our rulers?

May Allah help us all…!

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Mobile Phones Disallowed While Driving in Islamabad

Posted by: Aamir Attaa on August 1, 2008 at 9:37 PM

Islamabad Traffic Police, at last has made this a rule that “Any driver caught on mobile while driving will be fined a sum of Rs. 500 per instance from Today (August 1st, 2008)”.

Due to this ban, we may see a rise in hands free phone devices.

Via [Islamabad Metblogs]

law is introduced to minimize the accidents caused.

A driver will be fined a sum of Rs. 300 for violation of these laws (which IMO is a very low amount - more the better).

BTW, I heard of laws in Sharjah and Dubai (not first hand news so cant really confirm if the situation is actually such) where the police just notes down the registration number of cars and send them heavy amount on tickets direct to their homes. They wont stop you asking why are you speaking on your mobile or why’s the seat belt hanging around. Perfect way to treat our people here as well. I wish.

So be careful next time you hear a ring tone in your car. Dont be tempted to pick it.  Good Luck~

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SIMs to be Posted to Mailing Addresses instead of Direct Selling at Franchises

Posted by: Aamir Attaa on July 22, 2008 at 2:15 PM

Interior Ministry Comes up With Remedy of Pakistani Mobile Users

Federal Government of Pakistan (Interior Ministry) thinks that PTA and cellular companies operating here in the Pakistan have badly failed to cap illegal sale of mobile SIMs. Consequently, it has decided that no one can purchase and get SIM in real time from franchises; instead, if a user needs to buy a SIM, he must fill all required documents, with NIC copy and other prerequisites.  Latter on, cellular company will send him SIM at his postal address.

Daily times has reported in its July 22, 2008 edition as following

The federal government has decided that Mobile SIMs will now be posted to the addresses given by applicants and not handed over to the purchaser on the spot. An Interior Ministry spokesman told reporters that any violation of this procedure shall be punishable under the relevant laws and necessary instructions had been issued to Chairman PTA in this regard.

This is a very sharp step taken by government. Maybe it was only solution left with the government; given that PTA and cellular companies were not showing good results regarding the sale of illegal SIMs.

I think that this method may delay the process of SIM activation and may result into problems for users, but the legislation may lead us to a safer Pakistan. We must remember that this situation is reversal of what we were 8/10 years ago when we used to wait for a PTCL line for months. So these delays are due to problems created by ourselve.

On other hands, sales of cellular connections may further go down, which are already witnessing a decline in recent months. Even bangladesh defeated us in Cellular SIM’s sale in June 2008. It merits mentioning that Pakistan added

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