Changing circumstances require adaptation, and nowhere is this more true than in the legislative framework that defines and codifies a country.

And there’s no argument that the coming of age of the digital world and, in particular, the use of the internet and information technology in problematic fashions, has become a challenge that Pakistan must contend with promptly.

Amongst the circles that have access, the use of these technologies has spread extremely fast, throwing up legislative grey areas that need definition and resolution.

Also read: Analysis: The dangers of fighting terror with a cybercrime bill

From the use of technology and the internet in crimes of a heinous nature, such as militancy and terrorism, to the more pedestrian but no less damaging (on the level of the individual) problem of online stalking and data theft, over recent years the issue of cybercrime has emerged often enough.

Yet precisely because of the free and fair nature of the online world, where space is available for voices of all stripe, any move made in this regard on the legislative front needs to be thought out in great depth, presented to stakeholders for back and forth, and only then be put forward as proposed legislation.

On all these counts, the Prevention of Electronic Crimes Bill, which is nearing the final stages of evaluation and approval by the National Assembly’s Standing Committee on Information Technology and Telecommunication, appears to be failing.

The problems with the bill in its current form are myriad and have been identified by IT experts. These include a distortion of focus, so that the mindset underpinning it is security-related; this means that while the law is meant to fight terrorism, once Pakistan’s war against militancy is over it will yet remain draconian and unrelenting.

Further, critics of the draft say the proposed law does not provide adequate security to internet users, and introduces harsh punishments for ‘crimes’ that can easily and unintentionally be committed.

There are yet more questions, including possible overlaps with the jurisdiction of other pieces of legislation. In short, there is enough to suggest that at the very least this bill needs re-evaluation and a serious hearing of the criticism against it, with willingness on the part of the legislators to accommodate advice and amend it.

The digital footprint across Pakistan will only spread; right now, at the introductory stage of formulating cybercrime laws, there is time for careful consideration. The voices urging caution must not be ignored.

Published in Dawn, September 14th, 2015

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