Showing posts with label ICT Act. Show all posts
Showing posts with label ICT Act. Show all posts

Tuesday, November 19, 2013

An Overview on Information and Communication Technology (ICT) Act Bangladesh






Bangladesh enacted its cyber Crime Act in 2004, which provides for stringent punishment for on-line criminal activities. The computer networks were established in Bangladesh for the first time in 1964 but the main frame installation had to be closed in 1971 due to outbreak of war with Pakistan following liberation movement in Bangladesh. However, it was restarted in 1975 after the country gained its independence.
The Government of Bangladesh appointed an Expert Committee in June 1997 to provide a legal framework for prevention and control of cybercrimes. The Committee submitted its report in January, 1993 in which as many as 45 recommendations were made for a comprehensive legislation on cyber law.
The Government suggested certain changes in the said legislation which were duly considered by the expert committee and it submitted its revised recommendations to the Government in June 2002. Consequently, the Cyber Crime Act, 2004 was passed to deal with cybercrimes and criminals.
An overview of the international perspective of law on prevention and control of cybercrime makes it clear that the countries all around the world are concerned with the growing menace. In the Indian context, though the Information Technology Act, 2000 has been enacted as a comprehensive legislation to deal with cyber offences, it has no applicability in many situations.
Looking to the International dimensions of these crimes and jurisdictional problems between the countries as also the variations in their cyber laws, the electronic transactions and liability issue for the acts executed in cyber space still remains hazy and uncertain in the absence of an adequate global cyber law.


ICT Act 2006 had a maximum punishment of 10 years jail term with a heavy fine, while law enforcers had to seek permission from the authorities involved to file a case and arrest any person involved in cybercrime.
Destroying computer data with malicious intent, transferring data without proper authority, hacking, and releasing vulgar and defaming information in electronic form will be considered serious offences as per the proposed amendments.
Some crimes were also non-cognizable under the existing Act, which means the police will be able to arrest a suspect without issuing any warrant by the court, but they will have to produce the arrested person before the court within 24 hours, M. Musharraf Hossain, cabinet secretary said.
The cabinet had also asked the ICT ministry to bring further changes in the law, after reviewing the proposed amendment, Hossain added. 
An ordinance will also be promulgated soon, the cabinet secretary said. "The objective of the law is to protect and control the misuse of information technologies," he said. [1]

Therefore this Act provide the legal infrastructure for e-commerce others legal solution relating with cybercrime in Bangladesh. The said Act enable (a) Legal recognition of electronic transaction, (b) Legal recognition of digital signature, (c) Acceptance to con-
tract expressed by electronic means, (d) e-commerce and electronic form, (f) publication of official gazette in the electronic form, (g) prevention of computer crime, forged electronic records, international alteration of electronic records fraud,Forgery or falsification in e-commerce and electronic transaction, (h) and others solutions of the crime relation with information Communication Technology.

Objectives of the ICT Act

The objectives of the ICT Act has been provided following purposes such as To smooth the progress of electronic filing of documents with government agencies and statutory corporations and to promote efficient delivery of government services by means of reliable electronic records.

To help to establish uniformity of rules, regulations and standards regarding the authentication and integrity of electronic records. To facilitate electronic commerce, eliminate barriers to electronic commerce resulting from uncertainties over writing and signature requirements, and to promote the development of the legal and business infrastructure necessary to implement secure electronic commerce and so many others objectives have been included here.

Some identified Cyber Crimes as follows:

(i) Hacking or unauthorized entry into information systems
(ii) Virus introduction
(iii) Publishing or distribution of obscene content in electronic form
(iv) Tampering with electronic documents required to be kept under the law
(v) Frauds using electronic documents
(vi) Violation of privacy rights such as STALKING
(vii) Violation of Copyright, Trademark or Patent design
(viii)Defamation through e-mail
(ix) Holdings out threats through e-mail

Not only above mentioned cybercrimes are conducted but others are cybercrimes present before us. In future different types of cybercrimes will be intimated us.

Advantages of Cyber law

This Act has some disadvantages and also some advantages. This Act has provided us few advantages like as under the ICT Act, 2006, conduct important issues of security, which are so critical to the success of electronic transactions. The Act has given a legal definition to the concept of secure digital signatures that would be required to have been passed through a system of a security procedure, as stipulated by the government at a later date. On the other hand Companies now be able to carry out electronic commerce using the legal infrastructure provided by the Act. Subsequently this Act provided other facilities to run cyber or Information and Technology business.
However as Internet have grown in our country, the need has been felt to enact the appropriate cyber laws, which are indispensable to legalize and regulate Internet in Bangladesh. The existing laws of Bangladesh even with the most generous and moderate interpretation, could not be interpreted in the light of the promising cyberspace. We hope concern authority should take some steps to develop our existing cyber law.

Weakness of the ICT Act

The ICT law has some specific weakness. The law does sometimes regulate the social norm and then control of information technology. We can discus about the few weakness of the Act. Subsequently the law does give proper solution about the Intellectual Property Right and this law does not discuss of the rights and liability of domain name holders which is the first step of entering into the e-commerce. Not only these weaknesses of the Act but also others problems can to be brought through the Act.

Law inadequate in dealing with cybercrime

Mustafa Jabbar, president of Bangladesh Computer Samity, said many cybercrimes or digital crimes did not fall under the purview of the law. For example, the law did not address any crime committed through using mobile phones.
The law also considers e-mails as evidence, which conflicts with the country's Evidence Act which does not recognize e-mails as evidence, but the amendments did not address these issues, Jabbar noted.
"The law offers the scope for political misuse. There is no guarantee that the police will not misuse it," he said.
Fahim Mashroor, president of IT trade body Bangladesh Association of Software and Information Services, also agreed the law was vulnerable to misuse due to empowering the law enforcers to arrest anyone without warrants. The government should have consulted the relevant quarters before the amendments, Mashroor added. [1]



THE BLACK LAW

Article 57 of the law defined crime as wilful publication on websites or any other electronic platform any material which is false, vulgar or which can motivate someone or defame someone, cause deterioration of law and order or the image of the state or individuals can be tarnished or hurt religious sentiments.

 “Many cyber crimes or digital crimes do not fall under the purview of the law. For instance, it does not address any crime committed through using mobile phones. This law made e-mails as evidence, conflicting with the country’s Evidence Act that does not recognise as e-mails as evidence,” Jabbar said.

“Even the amendments did not address these issues.”

Terming the act a “black law” for the proposed provision for arrest without warrant, the IT specialist said, “I do not believe any democratic country of the world would have such a law. Any arrest should follow certain procedures.
“This law offers the scope for political misuse. There is no guarantee that the police will not misuse it.”
Regarding the punishment provisions in the law, he observed that the law should have defined fines and punishments for each category of crime.
Fahim Mashroor, president of IT trade body Bangladesh Association of Software and Information Services, “The government should have consulted the relevant quarters before going for the amendments.”
Like Jabbar, he expressed concern that the law was vulnerable to misuse due to empowering the law enforcers to arrest anyone without any warrant.
According to an estimate, Bangladesh has more than 10 crore mobile phone users and three crore internet users. Along with the technology growth, cyber and mobile phone crimes have been rising over the years.
While many such crimes involve sex offences, personal slander, extortions, etc., in recent times there was a surge in political propaganda packed with lies and fake photos that hurt religious sentiments.
This misuse of cyberspace as well as mobile phone technology apparently also rose apparently to thwart the trial of the war criminals.
Last year’s communal violence Ramu was instigated by circulating a fake Facebook page of a Buddhist youth showing that he insulted the holy Quran.
The internet has also been flooded with fake posts and photos to cause and fuel political violence.[2]


References
1.      http://www.thedailystar.net/beta2/news/amended-ict-law-to-curb-freedom-of-expression/
2.      http://news.priyo.com/2013/08/20/changes-info-technology-law-ominous-draft-cleared-83621.html
3.      http://news.priyo.com/2013/09/10/ict-act-against-freedom-speech-rizvi-85283.html
4.      http://www.thedailystar.net/beta2/news/draft-ict-amendment-ordinance-2013/
5.      http://www.thedailystar.net/beta2/news/amended-ict-law-to-take-country-towards-medieval-age/