Exploring and Critically Analyzing Cybercrime Legislation and Digital Rights in Pakistan: Challenges and Prospects

Abstract

Modern nations have sought to address the complexities of the digital realm by employing legal frameworks. These legal structures typically manifest as either regulatory measures or criminal statutes. For instance, the United States maintains a robust competition law, exemplified by the Sherman Anti-Trust Act of 1890, which scrutinizes the market dominance of tech corporations and governs their behavior through punitive enforcement actions. While the U.S. has adapted existing legislation to oversee the activities of private entities in cyberspace, the European Union (EU) has taken a distinct approach. In 2016, it enacted the EU General Data Protection Regulation 2016/679 (GDPR), which focuses on regulating the data practices of major tech firms, prioritizing individuals' privacy rights over the commercial interests of corporations. On the criminal front, the U.S. passed the Computer Fraud and Abuse Act in 1986, serving as its primary legislation against cybercrimes, while the United Kingdom relies on the Computer Misuse Act of 1990 for similar purposes.