Books on Cyber Laws in Pakistan
S J Tubrazy
Since a legal framework for the Cyber World was conceived in Pakistan in the form of a draft Electronic Transaction Oridnance 2002 , the subject of Cyber Laws has mesmerized me. Afterwards, the basic law for the Cyber space transactions in Pakistan has emerged in the form of the ETO 2002 and amended article 2(e) of Qanon-e- Shahdat 1984.
While I have keen interest in the computer and internet law and relating legal online issues, I have evaluated, interpreted and introduced the concept of Cyber Jurisprudence in the IT world which may be check by Google search.
I have compiled two books on cyber laws, first was Manual of Cyber laws in Pakistan with exhaustive commentary of ICANN rule and policy with up to date WIPO case laws, and history of legislation of cyber laws in Pakistan.
In 2007 in compiled second book with exhaustive commentary of Prevention of Electronic Crime Ordinance 2007-2008, along with the Electronic Transaction Ordinance 2002 and amended article 2(e) of Qanin e Shahdat Order 1984.
The scope of Cyber Laws has expanded more quickly than what many considered possible in Pakistan given its huge rural population with low technology base. We are in fact on the threshold of a major revision of ETO 2002 and PECO 2008.
The features of Cyber Law that attracts E-Business Professionals are,
- The close combination of technology in various aspects of law.
- The active nature of the growing law and
- The relative freshness of the Cyber Society where the fundamental principles of jurisprudence are yet to be developed.
These characteristics of Cyber Law are however also responsible for the discomfort those traditional legal professionals feel in studying this branch of law.
Firstly, the technology part of the law makes Cyber Law, a subject which cannot be understood without at least a small measure of technology input into the learning.
Secondly, the rapidly changing nature of the law is intimidating for the legal practitioner since the law seems to acquire new meaning with each succeeding new Act and each new judicial decision somewhere in the world.
Cyber Law has therefore emerged as a field of study for a new crop of professionals who may be called Techno-Legal specialists.
In Pakistan, the present educational system is such that a Technology student has no exposure to Law and a Law student has no exposure to Technology. Hence a Computer science student in a College is taught how to develop programs that can automatically transmit data across the Internet riding on a TCP/IP packet, without alerting him on cyber crimes such as Hacking or Virus introduction. The Law students on the other hand are taught about Trade Marks and Copyrights without recognizing their implications on the Electronic documents. As a result, neither the Technologist nor the Lawyer is trained in his formative years to understand Cyber Law.
I therefore felt that there was a need for techno-legal experts to deflate Cyber Law and make it possible for a large section of the society take up study of Cyber Law. It is envisaged that in future, Engineering, Commerce and Management Colleges will teach Cyber Law as an extension of Computer Science, Commerce and Management Education, even while the Law Colleges try to extend their coverage of Criminal Laws and IPR laws to the Cyber world.
The advent of Techno-Legal specialists will bring a change in the legal perspective in the country and we can expect that fresh ideas would emerge and form the building blocks for the development of Cyber Jurisprudence as a distinct field of study.
These books with exhaustive commentary of relevant case laws may be sufficient to understand the cyber laws for every section of society especially for Techno-Legal specialists.