Daily Times

The government of Pakistan has announced the formation of the National Cyber Crime Investigation Agency (NCCIA), the other day by replacing the cyber crime wing of Federal Investigation Agency’s (FIA) with the aim of combating cybercrimes and enforcing social media regulations more effectively.

According to a gazette notification issued by the Government of Pakistan, the Cyber Crime Investigation Wing of the FIA has had its powers revoked. Therefore, cybercrime investigations will now be overseen by the NCCIA rather than the FIA.

Cybercrime investigations are set to come under the purview of a new agency, operating under the Federal Ministry of Interior. However, it is not yet clear when the new agency will commence its operations.

The establishment of the new agency for cybercrime investigations is being implemented under the Prevention of Electronic Crimes Act (PECA) 2016. Under this Act, the powers for cybercrime investigations were previously given to the FIA.

It is pertinent to mention that some political parties and various organizations had vehemently opposed the enactment of the PECA Act. Now, under the same act, the NCCIA has been established for cybercrime investigations.

Government sources have stated that the new agency will be authorized to deal with cybercrime cases and it will have its own offices and forensic laboratory. However, it is not clear yet who will head the new agency and how it will function until the appointment of its head.

When questioned about the legal inquiries arising from the establishment of the new agency, Federal Minister for Information Atta Tarar advised this correspondent for reaching out to the Ministry of Interior for pertinent details.

However, according to the government notification, the new agency will immediately start working with the Cyber Crime Wing of the FIA, its infrastructure and employees.

According to sources within interior ministry, the government intends to provide more resources to the new agency than those available to the Cyber Crime Wing of the FIA and it is possible that funds will be allocated for it in the budget of the new fiscal year. According to the official notification, the NCCIA will investigate cybercrime cases and all inquiries, investigations, assets, rights, privileges initiated by the Cyber Crime Wing of the FIA will be transferred to the newly established agency.

It is not clear from the government notification how many officers will be appointed to the new agency. However, it has been said that the director general of the agency will be appointed for a term of two years and his tenure can be extended for another two years based on performance.

The federal government will appoint an officer for the position of director general who is at least grade 21 or less than 63 years of age.

For the head of the new agency, a minimum of 15 years of experience in computer science, digital forensics, cyber technology, law, public administration and information technology has been deemed necessary.

The director general will retire at the age of 65 or upon completion of the tenure and they will have powers equivalent to those of the Inspector General of Police under the Police Order 2002. While investigative officers and their subordinates will perform duties in the agency under the Police Order 2002.

According to the government notification, employees of the Cyber Crime Wing of the FIA will work on deputation in the National Cyber Crime Investigation Agency.

Although, the establishment of the NCCIA was announced on April 24 through a notification, but it was published in the Gazette of Pakistan on April 29.

During a joint press conference on May 2, Federal Minister for Law, Azam Nazeer Tarar and Minister for Information and Broadcasting, Ata Tarar had said that the FIA does not have the required skills to deal with cybercrime and does not have a forum for digital rights.

When contacted for comments, a former officer who headed the FIA expressed unfamiliarity with the new development. However, he reiterated that he and his colleagues had repeatedly urged the government to transfer such responsibilities to provincial police departments due to FIA’s lack of resources and equipment.

He said, under the previous regulation, cybercrime cases were to be registered with the FIA rather than the police and given that the FIA is primarily located in major cities, people residing outside these areas often face significant travel distances to lodge complaints. Similarly, accessibility to cybercrime courts poses a challenge, requiring complainants to regularly travel sometimes monthly for hearings after filing complaints, thus hindering the progress and trial of their cases.

Usama Khilji, a digital rights activist told Daily Times that the sudden establishment of this agency for cybercrime appears to be a surprise and it seems unlikely that consultations were held with stakeholders before its formation. He further remarked, this all seems so sudden that it gives the impression that the government did not establish this agency, as they have only been in power for two months.

He also commented, there seems to be no need to create this new agency since it will likely be staffed by people from the FIA.

He suggested, it appears as if the government is crafting new laws to increase control over social media and alleged, the purpose of these actions seems to be to silence journalists, human rights workers and critics of government policies.

Imaan Zainab Mazari, a cybercrime and human rights advocate, commented on the performance of the Cybercrime wing of FIA, stating that while it has not demonstrated strong efficacy in addressing cyber-related offenses, there are concerns that the new agency will encounter similar shortcomings and challenges.

Mazari noted that the original purpose of the Peca law was to suppress dissent and it appears that the new agency shares this objective.

She emphasized that the state aims to censor social media through these regulations, suggesting continuity in the suppression of dissenting voices.

Barrister Mian Ali Ashfaq, a senior lawyer while commenting on matter in his Vlog said, the creation of the NCCIA indicates a lack of confidence of government in the overall performance of the cybercrime wing of the FIA.

He questioned why the government is transferring all cybercrime cases to this new agency and planning to shift FIA staff there if they are not satisfied with the current setup. He pointed out that if there is doubt about the competence of cybercrime officers, then creating a new agency seems unnecessary since the PECA law applies to both cases.

He also mentioned that the incumbent government plans to propose amendments to PECA in the coming months, which he believes will be a more detrimental step, allowing state institutions to encroach upon others, with the government facilitating such actions.