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/
