Preamble: Bangladesh a country that fights for the spread of information and technology to a large number educated, less

educated and uneducated people. It is a country that was once at a time in the middle of nowhere is struggling now to develop throug h the use of ICT. In the past nobody in the world noticed us because of the tiny economy. We do not show up in the world map because we do not feature as a seri ous market for buying or selling. All these can change now. Bangladesh can become a familiar name in the world mar ket if we take advantage of the new technologies, particularly Information Techn ology, which are changing the world dramatically. Stage is already set. In the p revious decade the world has just seen the tip of these changes. Next decade wil l unfold scenarios which will redefine the lives of people around the world. Technologies are all interrelated. If there is a dramatic change in one technolo gy, immediately impact of it is felt in many other directions. At this moment In formation Technology (IT) is the most dynamic sector. It is leading the way. Oth er technologies are getting reshaped because of fast changes in IT. Information: Information means any material or information relating to the affairs, administr ation or conduct of any Public Authority and includes any correspondence, memora ndum, book, plan, map, drawing, diagram, pictorial or graphic work, photograph, film, microfilm, sound recording, video tape, machine readable record, and any o ther documentary material regardless of physical form or characteristics, and an y copy thereof. IT: Information Technology (IT) encompasses the broad fields of data/information pro cessing and communications by means of computer and telecommunications technique s and tools and is being increasingly used for organizational/personal informati on processing in all sectors of economy and society of a nation. ICT: ICT (Information Communication and Technology) refers to the exchange of informa tion between individuals or organization through the use of computer hardwares a nd softwares. It is the most popular term in Bangladesh today. Almost every midd le class family owns a computer. Opening up a cyber cafe, a computer showroom, o r a club; publishing a digital magazine; providing Internet service; designing a nd hosting a website; or participating in computer fairs or web programming cont ests have all become part of the information technology (IT) culture in Banglade sh. Why Keeping touch with IT is important? A dependable information system is essential for efficient management and operat ion of the public and private sectors. There is a shortage of locally generated information needed for efficient performance of these sectors. In order to meet this objective, IT use in every sphere shall have to be accelerated in terms of information generation, utilization and applications. Over the last few years, many nations have taken advantage of the opportunities afforded by IT within a policy framework, laid down guidelines and preceded with the formulation of a national IT strategy as a part of the overall national dev elopment plan. Bangladesh intends to use IT as the key driving element for socio -economic development. Digital Divide: More than 600 Million people worldwide have some sort of access to the Internet. That is an astonishing number, and reflects the rapid growth of the network sin ce it was invented in 1970s. Present Position of Bangladesh

As of Sept 30th, 2002, Registered Dial-Up user accounts 120,000 Broadband accounts 5,000 Cyber Caf Users 6,000 Source: http://www.ispabd.org BTTB Dial-Up user accounts 8,500, BTTB is now offering its service in 50 districts. What happens to the poor economies which did not show much of a progress in the past half a century? Two things can happen In the face of the emergence of New Economies and their ever increasing strength in the world economy, weak and small old economies will get further mar ginalised, making it more difficult for them to compete in the world economy and survive. IT will obviously make globalization fast and unstoppable. Global comp anies will dictate the terms for the weak economies. Or it is just the opposite. IT will spread into the sleepy economies so fast that they can longer remain sleepy. In the interest of the fast expanding e conomies IT will come to the shores of the poor economies. If IT can make a full blown entry into a poor economy it would be difficult for the poor economies to remain poor and stagnant. If the national leaders are wise, and the people are eager and energetic IT can be turned into a magic wand. After that anything it t ouches, it will turn into gold. Best aspect of IT is that it cannot be controlle d by a single owner or authority. It is an empowering tool which enhances option s and brings all the knowledge at your disposal. When IT can enter into a poor e conomy the people will benefit from the wider choices and new relationships with in and with the world at large. This will no longer limited to traditional uni-d irectional relationship. IT stands for multi-dimensional and global relationship . IT does not recognise borders. It cannot be contained within any kind of borde rs and limits. Getting in touch by one person to any other person, from anywhere to any where, in almost costless way, is the hall-mark of IT. Bangladesh - Internet Market: The Internet came late to Bangladesh with connectivity in 1996. In the last few years it has grown dramatically, although obviously from a very low base (shown in the table below). With an estimated user base of around 600,000 by end-2007, representing only a 0.4% penetration, the local Internet industry is preparing t o move into the next stage of its development. However, the country must work ha rd to overcome obstacles associated with the country's lowly economic status and still developing infrastructure. Last Update: 15 Mar 2008 Year 2003 2004 2005 2006 2007 2008 Internet users 150,000 80 243,000 86 243,000 86 300,000 95 300,000 97 450,000 95 Rank 62.00 % 0.00 % 23.46 % 0.00 % 50.00 % Percent Change Date of Information 2002 2003 2003 2005 2005 2007

Number of ISPs: 159 (64 are actively providing services, 80% ISPs are located at capital Dhaka) ka Approximately 500 Cyber Cafes are in operation, most of them are located at Dha and Chittagong City, some are in other District HQ Bandwidth range: Dial up- 32kbps to 56 kbps, BB-64kbps to 8 mbps Technology uses: VSAT

ISP Subscriber: 0.2 Million (10% are broad band available only at Dhaka and Chittagong City area and rest are dial up)

Global Information Superhighway: Submarine Cable connection to Global Information Superhighway (SEA-ME-WE-4) will be ready for service in 2004. It will be built using DWDM (Dense Wavelength Div ision Multiplex) technology with 1.28 terabits per second speed. Telecom infrastructure: Bangladesh Telecom Company Limited (BTCL) exercises control in developing the te lecommunication infrastructure of the country. At present, there are 715,000 fix ed-line telephone subscribers, 1,381 card phone centers, 630 public call offices , 3,936 international circuits, and 21,930 nation-wide dialing circuits in Bangl adesh. BTCL has started to build a national structure for high speed Digital Dat a Network to connect the sixty-four district headquarters. In an effort to reduc e the "knowledge gap" between people living in urban and rural areas, the compan y plans to expand Internet facilities to the Upazilla (sub-district) level by 20 06. In addition, BTCL has initiated two new projects--one to install 1,000,000 m obile telephones with Internet access, the other to install 500,000 fixed teleph ones throughout the country. Bangladesh has already joined the fourteen nation S EA-ME-WE4 submarine cable consortium to install submarine optical fiber cable th at will provide national broadband connectivity with Information Super Highway a ccess, thus enabling all ISPs, both public and private, to have direct access gl obally. Over the last two to three years, the number of mobile subscribers in Bangladesh has been more than doubling on an annual basis. With the momentum that has been developed on the back of the government's deregulation process, the growth is lik ely to continue. 1800 KM fiber optic cable under Bangladesh Railway is being uti lized by the private mobile telephone and the entry of new operators into the ma rket has certainly helped to further boost the competitive environment. Fixed line Telephone: 0.83 Million, (digital: 0.79 M) (Public Sector) Digitalized District: 64 Mobile Telephone: 3.00 Million (Private Sector) Teledensity: 2.90 line per 100 people (PSTN & Mobile) Telecom networks in Bangladesh are being modernized. Data N - Local, Metropolitan, Wide Area Network) are emerging. ble of services such as ISDN are being installed all over ublic/private organizations have or are in the process of r branches, scattered throughout the country. Networks (LAN, MAN, WA Digital switches capa the country. Various p installing LAN in thei

Bengal Telecommunication & Electric Corporation (Pvt.) Ltd (BTCL) BTTB, the governmentally run telecommunications company, is now off ering internet connectivity at lower rates than that being offered by ind ependent ISPs, BTTB however is also the regulator and the provider of such service s GrameenPhone Limited GrameenPhone is one of the largest cellular providers, with over 50 ,000 mobile telephone subscribers as of the last week of September 1999. Grame enPhone has

active roaming agreements with network operators in the following countries: Denmark, Hong Kong, India, Norway, Singapore, Sweden, Switzerland, Taiwan, and United Kingdom. Mobile and Cellular Systems: According to the World Fact Book, there were 0 mobile phones, fax machines, and personal computers per 1,000 people in 1997. However, the cellular age was in i ts infancy. As one can see from the table below, it was in that year when Bangl adesh's cellular telephone companies first became active: Cellular companies in Bangladesh Network Type Network Status Handset Code Network Code TM Int'l (Bangladesh) Ltd GSM 900 Live August 1997 n/a Sheba Telecom (PVT) Ltd--Mobile 2000 GSM 900 Live September 1998 470 19 GrameenPhone Ltd GSM 900 Live April 1997 BGD GP 470 01

n/a M2K

Figure-1: Interactive Cellular Coverage Map: September 2008 E-Government: E-government is an inter-organizational relationship that promotes policy coordi nation and implementation, and by the delivery of services on-line or through ot her electronic means to citizens. This includes Developing citizen-centric programs Promoting and enhancing citizen participation Perfecting on-line service delivery through analysis and evaluation, mea suring efficiency, and benchmarking against other forms of service delivery Country indexing (performance measurement benchmarking): portal analysi s; website analysis Use of Information & Communication Technology (ICT) in government activities has become a common phenomenon in recent years. In the late 1990s, ICT introduced a unique concept--electronic government (e-government)--in the field of public ad ministration. To date, various technologies have been applied to support the uni que characteristics of e-government, including electronic data interchange, inte ractive voice response, voice mail, email, web service delivery, virtual reality , and key public infrastructure. Governments can transfer funds electronically to governmental agencies or provid e information to public employees through an intranet or Internet system. Additi onally, governments can perform many routine functions more easily and quickly ( i.e., responding to employees' requests for benefits statements). Web technologi es also facilitate government links with citizens, other governmental agencies, and businesses. Government websites can serve as both a communication and public relations tool for the general public. Information can be shared with and trans ferred to external stakeholders (businesses, non-profit organizations, interest groups, or the public). In addition, some web technologies, such as interactive bulletin boards, enable governments to encourage public participation in policy-

making processes by posting public notices and exchanging ideas with the public. As a consequence, some governments have promoted virtual democracy by encouragi ng web-based political participation through online voting and on-line public fo rums. Bangladesh has joined the race toward adopting e-government. This study examines that effort by addressing the status of ICT in Bangladesh. It analyzes the init iatives of the Bangladesh government, commitment of political leadership, and th e enthusiasm of private entrepreneurs to introduce e-government in Bangladesh. I t concludes that e-government preparation in Bangladesh is still in its primary stages and has not fulfilled its potential due to technical, infrastructural, an d political obstacles. A coordinated effort of political leadership, bureaucrats , and private entrepreneurs could facilitate the desired development in the ICT sector and accelerate the presence of e-government in Bangladesh. In order to enhance electronic interaction and service delivery by adopting ICT the states take the necessary initiatives to restructure political and administr ative institutions. Today, public servants are encouraged and trained to be fami liar with the tools and languages of ICT. ICT offers three information processes to promote governance: Automation: replacing current human-executed processes, which involve accepting, storing, processing, outputting or transmitting information (i.e., the automati on of existing clerical functions). Informatization: supporting current human-executed information processes, namely supporting current processes of decision-making, communication, and decision im plementation. Transformation: creating new ICT-executed information processes or supporting ne w human-executed information processes. For example, creating new methods of pub lic service delivery E-Commerce: Bangladeshi businessmen have already introduced e-commerce (a part of electronic business that deals with the buying and selling of goods and services) in a lim ited manner, in Business to Consumer format. Wireless Application Protocol servi ce is also available in Bangladesh allowing for use of the Internet through mobi le phones. This has introduced e-commerce to a wide area in Bangladesh. Right to Information: Right to information- means the right of access to information and includes inspec tion, taking notes, and extracts, and obtaining photo copy or certified copies o f documents or records of any Public Authority. At present there is no law in our country which recognizes people's right to infor mation. The purpose of enactment of the proposed law is to create such a right f or the citizens of Bangladesh. Metropolitan Chamber of Commerce and Industry sug gested making a provision for requirement of the person seeking information to o bjectively establish any genuine need for the information. We recommend for a se parate section in the act which will create a statutory right to information for every citizen and spell out in clear terms the obligations on the Public Author ities in this regard. The provision may run as follows Every citizen shall have a right to information and on request, be given access to information relating to decisions made, proceedings drawn, or acts pe rformed or proposed to be performed by any Public Authority. Every Public Authority shall be under a duty to maintain all its records

duly catalogued and indexed and subject to the provisions of this Act and any o ther law for the time being in force, to make available to any citizen requestin g information from it and shall not withhold any information or limit its availa bility without any lawful reason. The periodical publication of all information of public importance by th e Public Authority may better serve the purpose of the Act. The Public Authority may also sell such publications to the public at a nominal price. The publicati on should contain useful and accurate information on important matters, instead of being a useless compilation of old and well known information. A citizen desiring to obtain an information from a Public Authority unde r this Act shall make a request to the designated officer or if no officer was d esignated, to the head of the office of the Public Authority, clearly specifying the particulars of the information, such a request shall be made in the prescri bed form to be printed and supplied by the Public Authority. Publication of Information by Public Authority (1) Every Public Authority shall cause to be published on periodic basis not less than once every two years, a publication containing(a) a description of the organization and responsibilities of the executives of the public authority and description of it s decision making process and responsibilities of its officers and employees; (b) classes of records in the possession of the Public Authority including the rules, regulations, instructions and list of manuals used by its employees; a statement about the conditions upon which citizens can acquire any license, permit, grant, allotment, consent, approval or other benefits of any nature from the Public Authority or upon which transactions or contracts of any category can be entered with the Public Authority; the facilities provided for access to information and the name, designation and location of the officer to whom requests for information may be addressed. It shall be the duty of the concerned officer of a Public Authority To give reasons for decision and to disclose relevant facts and Analysis when major policies or decisions are made. The publications referred to above shall be made available to the public inspection free of cost and copies shall be supplied, on prayer, at a nominal price as may be prescribed.

(c)

(d)

(e)

(f) for

Procedure for Access to Information: (1) A citizen desiring to obtain an information from a Public Authority unde r this Act shall make a request to the designated officer or if no officer was d esignated, to the head of the office or head of the sub-office, as the case may be, of the Public Authority, clearly specifying the particulars of the informati on, document or record and the mode of access, i.e. inspection, copying or takin

g note, sought for. (2) Such a request shall be made in the prescribed form to be printed and su pplied by the Public Authority at a price of Taka 5. (3) The Public Authority shall furnish the information, sought for within15 days from the date of receipt of a request under sub-section (1). (4) to Where the designated officer or head of the office or sub-office decides refuse access, he shall communicate such decision to the person making request within 10 days, specifying the reasons on which such refusal is based. Property rights: At present information systems have challenged existing law and social practices that protect private intellectual property. Intellectual property is considered to intangible property created by individuals or corporations. Information tech nology has made it difficult to protect intellectual property because computeriz ed information can be so easily copied or distributed on networks. Copyrights: A copyright is a statutory grant that protects creators of intellectual property from having their work copied by other for any purpose during the life of the a uthor plus an additional 70 years after the author's death. Exemptions from disclosure of information: A request for access to information m ade under this Act may be refused if (1) disclosure of such information shall prejudicially affect the security a nd integrity of Bangladesh or its foreign policy or conduct of international rel ations with foreign countries or organizations or (2) such information consists of commercial or trade secrets of a Public Aut hority disclosure of which would prejudice the lawful interest of such Publ ic Authority or (3) disclosure of such information would prejudicially affect the Governme nt's ability to manage the economy or would cause unfair gain or loss to any indi vidual or organization including premature disclosure of proposals relating to :(a) taxation, duties of customs and excise; (b) currency exchange or interest rates; (c) regulation or supervision of financial institutions; (4) disclosure of such information is likely to affect the enforcement of law or lead to incitement to an offence, or affect public safety or the safety of an indi vidual or affect fair trial or adjudication of a pending case or reveal the existenc e or identity of a confidential record or source of information or

(5) disclosure of such information is likely to cause unwarranted invasion of the privacy of an individual; or (6) disclosure of such information may result in the breach of parliamenta ry privileges or violation of an order of a competent court; or (7) such information relates to a matter that is provided by any law or ru le to be published at a particular time; or (8) such information relates to a matter that is contained in any publicati on available for sale. Enforcement regime: Offences and Punishments under the Act.- Disputes arising ou t of the proposed Act are of quasi civil nature. So, offences under this Act may be categorized as bailable and non-cognizable and penalties which may be provid ed for contravention of provisions of this Act may include monetary compensation , fines and simple imprisonment for a short duration. Acts constituting contrave ntion may be listed as(a) unlawful refusal to grant access to information, (b) failure in supplying information within the time prescribed by this Act, (c) failure to publish information under section 5 of this Act, (d) demanding additional fees more than the actual cost required for supplying such information, (e) knowingly supplying a false information, and (f) willful disobedience of the orders of the Information Tribunal or Informati on Appellate Tribunal. Any designated officer or head of the office or sub office committing any offenc e mentioned above should be punished with penalties which may take the form of m onetary compensation, damage, imprisonment or fine or a combination of some or a ll of them according to the gravity of the offence. In this regard the Commissio n considered a suggestion of the Metropolitan Chamber of Commerce and Industry t o reduce the proposed penalty for delay in supplying information. The Commission accepted the suggestion and revised its proposed penalty for such an offence to Tk. 500/- (five hundred) from Tk. 1000/- (one thousand) for each day of delay. Penalty for illegally refusing access to information.- If any designated officer or head of the office or sub-office, as the case may be, illegally refuses acce ss to information to any person, knowing that the applicant is entitled to have an access to such information under this Act, he shall be liable to pay damages to such person by way of compensation not exceeding Taka 5000. Penalty for failure to publish information.- Any designated officer or head of t he office or sub-office, who fails without lawful excuse, to publish periodical information under section 5 of this Act shall be liable to pay a penalty which m ay extend to Tk. 5000/- (five thousand ). Penalty for supplying false information.- If any designated officer or head of t

he office or head of the Sub-office knowingly supplies a false information to a person entitled to have an access to such information under this Act, he shall b e liable to pay a penalty which may extend to Tk. 5000/- (five thousand). Penalty for delay in supplying information.- If any designated officer or head o f the office or head of the Sub-office delays in granting access to information, which an applicant is entitled to get under this Act, shall be liable to pay a penalty which may extend to Taka 500 (five hundred) for each day of delay. Punishment for failure to comply with order passed by the Tribunal or Appellate tribunal.- Any person who fails to comply with any order passed by the Informati on Tribunal or the Information Appellate Tribunal under this Act shall be guilty of an offence and shall be liable on conviction to suffer a simple imprisonment for a term which may extend to three months or with fine of Tk.5000/- (five tho usand) or with both. Residuary penalty.- Whoever contravenes any provision of this Act, for which no penalty has been separately provided in this Act, shall be liable to pay a compe nsation which may extend to Taka 5000 (five thousand) to the person affected by such contravention. Power to make rules.- The government may by notification in the official gazette make such rules as may be required for the effective enforcement of this Act."

Background of ICT in Bangladesh: Computer use started back in 1964 by Atomic Energy Center, Dhaka and Uni versities, first main frame computer came to Bangladesh in 1964 The Internet came late in Bangladesh, with UUCP e-mail beginning in 1993 by Pradesta Ltd and IP connectivity in 1996. By July 1997 there were an estimat ed 5,500 IP and UUCP accounts. In June, 1996 the government decided to allow private companies to act a s Internet Services Providers (ISPs) using VSATs. In June 1997, the Government of Bangladesh appointed a Committee to look into the problems and prospects of export of software from Bangladesh. The Comm ittee submitted its report in September, 1997. The government has taken a decision on June, 1998 to withdraw all import duties and VAT from all computer hardware and software. This has brought the pr ices of computers down to a level affordable by middle income households. The need for ICT in Bangladesh ICT plays an indispensable role in promoting openness, accessibility, accountabi lity, connectivity, democracy and decentralization- all the soft qualities so esse ntial for effective social, economic, and political development. Bangladesh needs the capacity to network with people, ideas and initiatives. Thi s is as critical and fundamental to nation building as water, agriculture, healt h and housing, and without it, Bangladesh's democracy could founder. Recent Developments: ICT is the most popular term in Bangladesh today. Ministry of Science and Techno logy has been renamed on April 2002 as Ministry of Science and Information and Co mmunication Technology . BTRC (Bangladesh Telephone Regulatory Commission) was set up in Jan, 2002 VOIP ( Voice Over Internet Protocol) to be legalized by March 2003, about 23 Companies are operating illegally,and Government is not getting any rev

enue out of it, it need to be legalized ASAP, since India, and many other countr ies already legalized it. Government will break the Monopoly on Fixed Lines (BTT B) by June 2003. Almost every middle class family owns a computer. Opening up a cyber cafe, a com puter showroom, or a club; publishing a digital magazine; providing Internet ser vice; designing and hosting a website; or participating in computer fairs or web programming contests have all become part of the information technology (IT) cu lture in Bangladesh. Every daily newspaper and magazine publishes a special week ly supplement containing recent news and discoveries relating to ICT. Numerous I T fairs and workshops are held throughout the year in cities, districts, and eve n villages. Noticeably, the young generation of Bangladesh is taking the lead in these IT efforts. Privacy protection and Public Safety Who Can Invade Users' Privacy? Industry E.g.: collecting consumers' web surfing habits, selling profiles Generally, regulatory and civil law matter (not treated here) Government While investigating crime and foreign espionage Because of misuse of lawful investigative authorities Criminals To steal government or business secrets To obtain valuable financial information from individuals or financial instituti

ons To obtain private information from individuals' computers Thinking Through the Problem of Government Authority and Privacy:

Government's investigative authority is controlled by procedural laws An increase in government investigative authority will generally improve public safety and security Yet overly intrusive government authority invades privacy & can hinder economic development And: restricting government's ability to invade privacy will inevitably reduce its ability to deter criminal privacy invasions Privacy Framework - Scope Section: Identifying Ways to Strengthen Privacy without Creating Obstacles to National Se curity, Public Safety and Other Public Policy Missions. Exceptions to the Princi ples for purposes of national security, public safety, etc. should be (a) Limited and proportional to meeting the objectives to which the exceptions r elate and (b) (I) Made known to the public; or, (ii) In accordance with law. Exceptions should be taken for categories of information not case by case Re: the proportionality test -- a large gain in public safety should not be the justification for a large wholesale disclosure of PI Principle 1 Preventing Harm: Privacy protections should be designed to prevent the misuse of PI

 Laws often categorize this as privacy infringements In reality, there are 2 kinds of privacy infringements: 1) unlawful privacy infringements and 2) lawful privacy infringements Principle 2 Notice Personal information controllers should provide clear and easily accessible stat ements about their practices and policies with respect to personal information t hat should include a number of variables (as set forth in the Framework) Since the disclosure of PI might have to be made to a public safety agency (eith er voluntarily or through legal process) notice should include this poss. In laws/rules that pertain to notice, we might consider requiring that the provi sion of notice include notice of this fact. Principle 3 Collection Limitation The collection of personal information should be limited . . . relevant to the p urposes . . . and . . . should be obtained by lawful and fair means, and where a ppropriate, with notice to, or consent of, the individual concerned. In order to conduct public safety investigations, prevent terrorism and fight crime, law enforcement will sometimes use non-public investigative means su ch as nic Communications Each of these mechanisms should have its own privacy protections built in In order to maintain the integrity of these investigations, the use of th ese tools, and the collection of the information cannot be disclosed, and notice cann ot be given before their use (most of these tools requires notice after the invest igation) In drafting privacy law, we should therefore exempt information collection by go vernment/public safety entities from any collection. Principle 4 Uses of PI Uses of PI: Personal information collected should be used only to fulfill the purposes of co llection . . . except: with consent; when necessary to provide a service or prod uct; or, by the authority of law and other legal instruments, etc. The private sector is often the first to see evidence of crimes (theft of credit cards, unauthorized bank transactions, etc.) An essential part of fighting crime is the voluntary cooperation public safety o fficials receive from private industry Legislation should not create deterrents to this voluntary cooperation, includin g not Search warrants, Interception of Content, and Access to Stored Electro

deterring the reporting/sharing information of crimes Sharing evidence of crime will not fall under consent category, or the provision of a service. Similarly, laws don't generally require sharing of information relating to a potential crime (thus, not covered by authority of law language) We want our legislation to permit this sharing voluntarily (even if not compell ed) Principle 5 Choice: Where appropriate, individuals should be provided with clear, prominent, easily understandable, accessible and affordable mechanisms to exercise choice. While providing choice to individuals is an important privacy protection, ther e are situations when choice would not be appropriate. 1. Law enforcement investigations very few criminals would voluntarily c hoose to allow their PI to be provided to law enforcement investigators, or to have it collected in the 1st place. 2. Many domestic security and public safety agencies share information p ursuant to domestic laws which permit, and in some cases require sharing (such a s U.S.'child pedophile database). They also share information pursuant to bilater al/ multilateral treaties, and other legal instruments. Each of these should have their own privacy protections built in. To allow som eone, like a pedophile or terrorist, to choose whether to permit sharing, would be disastrous. Principle 6 Access and Correction: Individuals should be able to obtain from the personal information controller co nfirmation of whether or not the personal information controller holds personal information about them; . . . Such access and opportunity for correction should be provided except where: . . . ; the information should not be disclosed due to legal or security reasons [or to protect confidential commercial information]. Principle 7 Accountability: . . . When personal information is to be transferred to another person or organiz ation, controller should obtain the consent of the individual or exercise due di ligence and take reasonable steps to ensure that the recipient . . . will protec t. . . . As the operators of our critical infrastructures (such as power, energy , etc.), private industry will often be 1st to know of threats to safety/secu rity. Information controllers must feel comfortable sharing this information.

 To facilitate this sharing and avoid any liability concerns by info con trollers, laws could be drafted using language. ICT Policy: 3.3 Research and Development in ICT 3.3.1 Research and development in ICT will focus on need based fundamental and a pplied research contributing to the improvement of quality and efficiency of the application to our ICT industry. 3.3.2 Bangladesh Computer Council will encourage ICT R&D activities carried out by the public and private sector organizations. 3.3.3 BCC along with ICT industries will assist in formulating plans to conduct need-based R&D activities in the Universities, BITs and public & private sector R&D institutions and encourage the younger generation in these activities. The I CT industry may fund for R&D activities for new ICT products and services throug h Industry-Academia collaboration. 3.3.4 A central on-line data bank for scientific and technological information w ill be established which can be accessed by educational institutions and other R &D organizations. 3.3.5 R&D efforts on Bengla text processing, Bengla voice recognition, translati on and Synthesis will be intensified. 3.3.6 Technology Corporations such as Microsoft, IBM, Computer Associates, Oracl e, SAP etc. Will be approached to set up their R & D Centers in Bangladesh. 3.3.7 Contents for Internet and Intranet will be developed in Bengla. 3.4 ICT Industry: 3.4.1 Software Industry 3.4.1.1 To develop and encourage the local software industry, price preference m ay be given to locally developed software in all public and private sector procu rement. 3.4.1.2 In order to assist fast development of local Software Industries, Govern ment will set up an ICT Incubator. The government will extend start-up financial support to the local software industry. Non-Resident Bangladeshis and experts w ill be encouraged to set up software development companies. 3.4.1.3 The associations of software companies and developers should be encourag ed to exchange ideas, experience and organize collective operations such as semi nars, training, etc. and take part in trade delegations and trade shows for acqu aintance with the international market, trends and establishment of business con tacts. 3.4.1.4 The Export Promotion Bureau (EPB) and Commercial wing of Bangladesh Miss ions abroad shall take vigorous steps to identify and explore markets for export of software, data entry services and ICT-enabled services from Bangladesh, incl uding promotion of strategic partnership and outsourcing opportunities. 3.4.1.5 Joint ventures between local and foreign entrepreneurs in the ICT sector will be vigorously promoted. 3.4.1.6 An annual target of 3 (three) billion US dollars from earnings of export

of software, data entry and IT-enabled services shall be planned up to year 200 6. The target shall be revised periodically to match the growth of the market. 3.4.2 Hardware Industry: 3.4.2.1 Hardware industry often requires a huge capital investment and entrepren eurs shall be encouraged to establish production facilities for components, peri pherals and accessories with joint venture cooperation and technology transfer a greements. Foreign owned and Multinational companies, who will establish such pr oduction facilities in Bangladesh and Employ our workforce, shall be offered spe cial incentives. 3.4.2.2 IT/ICT Laboratories and resource center in universities and other concer ned Institutions will be set up to develop skilled manpower required to establis h and run hardware industry. 3.4.2.3 Since the local market is still small, the hardware industry may target the export market. Dependence on foreign materials should be reduced where possi ble by giving incentives to local companies and protecting them from unfavorable competition. Local Institutions and R&D organizations shall also be encouraged for research, design , and Manufacturing of specialized informatics equipment. 3.4.3 Services Industry 3.4.3.1 Bangladesh, having the advantage of cost-effective labor, must endeavor for expansion and export of ICT-enabled services such as medical transcription, data entry, data processing, call centers etc. at home and abroad. System Vulnerability and Abuse: If we use computer in online without a firewall or antivirus software, computer would be disabled in few seconds and it take many times to recover. If we use co mputer to run business, than whole business system can be collapsed. Today we ne ed to make security and control a top priority. Security refers to the policies, procedures and technical measures use to prevent unauthorized access, alteratio n, theft or physical damage to information systems. Controls consist of all the methods, policies and organizational procedures that ensure the safety of the or ganization's assets, the accuracy and reliability of its accounting records and op erational adherence to management standards Internet vulnerabilities: Large public networks such as the Internet, are more vulnerable than internal ne tworks because they are open to anyone. Modern highspeed broadband networks do n ot help matters. Computers that are constantly connected to the internet by cabl e or digital subscriber line modems are open to penetration by outsiders than ol der dial-up lines. Vulnerability has also increased form widespread use of e-mai l and instant messaging. E-mail may contain attachments that serve as springboar ds for malicious software or unauthorized access to internal corporate systems. Wireless Security Challenges: It is safe to log onto a wireless fidelity hotspot network at an airport, librar y or other public location? Generally not, because any can access and change dat a. Wi-fi transmission technology was designed to make it easy for stations to fi nd and hear another. The service set identifiers identifying the access point in wi-fi networks are broadcast multiple times and can be picked up fairly easily by intruders sniffer programs. Wireless networks in many locations do not have b asic protections against war driving in which eavesdroppers drive by buildings o

r park outside and try to intercept wireless network traffic. Hackers and Cyber Vandalism: A hacker is an individual who intends to gain unauthorized access to a computer system. Within the hacking community the term cracker is typically use to denote a hacker with criminal intent, although in the public press, the term hacker an d cracker are used interchangeably. Hackers and crackers gain unauthorized acce ss by finding weaknesses in the security protections employed by websites and co mputer systems, often taking advantage of various features of the internet that make it an open systems that is easy to use. Hacker activities have broadened beyond mere system intrusion to include theft o f goods and information, as well as system damage and cyber vandalism, the inten tional disruption, defacement or even destruction of a web site or corporate inf ormation systems. National Security or Infringement on Civil Rights: Privacy is a fundamental human right. It underpins human dignity and oth er values such as freedom of association and freedom of speech. It has become on e of the most important human rights of the modern age. Privacy is recognized ar ound the world in diverse regions and cultures. It is protected in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights treaties. Near ly every country in the world includes a right of privacy in its constitution. A t a minimum, these provisions include rights of inviolability of the home and se crecy of communications. Most recent constitutions include specific rights to ac cess and control one's personal information. In many of the countries where priv acy is not explicitly recognized in the constitution, the courts have found that right in other provisions. In many countries, international agreements that rec ognize privacy rights such as the International Covenant on Civil and Political Rights or the European Convention on Human Rights have been adopted into domesti c law. It may take some years to fully evaluate the effects of September 11, 20 01 on privacy and civil liberties. Shortly after the events of that day, previou s proposals were re-introduced, and new policies with similar objectives were dr afted to extend police surveillance authority. Five years on, the political land scape has shifted significantly in many, if not most, countries. The rise of terrorist activities' and the bombing of 17th August by the gro up calling themselves the JMB, all over the country led the Government to pass a n act to empower the Ministry of Home to tap any telephone line they intend so a s to combat terrorism'. In that view Bangladesh Telecommunication (Amendment) Act 20 06 has been passed in the parliament. According to the said act, some amendment w as made in the earlier Telecommunication Act 2001. Section 97 A has been inserte d in addition to section 97 of the Act which states that for the security of the state and public tranquility, the Government can empower any of its agencies to record, prevent and collect information regarding communications made by any pe rson through telephone. This section also states that the Government can order a ny service provider for assistance and in that case the service provider shall b e bound to assist the Government. Section 97 B of the Act states that any inform ation collected under section 97A shall be admissible under the Evidence Act 187 2 and section 97C deals with punishment of anybody who does not comply with the order under section 97A. Therefore present situation is that the Government (Min istry of Home Affairs) is entitled to tap any telephone line of any person if it so desires without any prior warrant or order of any court and collect informat ion, which can be used as evidence. Telephone tapping and collecting information from the conversation of two individuals is an infringement of fundamental righ

ts. This is a violation of the right to privacy and Article 43 of the Constituti on which states that Every citizen shall have the right, subject to reasonable re strictions imposed by law in the interests of the security of the State, public order, public morality or public health(a) to be secured in his home against entry, search and seizure and (b) to the privacy of his correspondence and other means of communica tion. The legislature without considering the impact and its validity under th e constitution has passed the Act. Almost every country that changed its laws to reflect the environment following September 2001 increased the ability of law e nforcement and national security agencies to perform interception of communicati ons, and transformed the powers of search and seizure, and an increase in the ty pe of data that can be accessed. However, there are certain procedures to be fol lowed under those laws. Unfortunately, in the case of this new law in Bangladesh , such indiscriminate power as provided in this Act to tap any telephone line wi thout any warrant or order from court is beyond the limit of reasonableness. Tapping a telephone does not only infringe the privacy of the person who owns the telephone, the interception subject it also affects anyone who calls o r is called by that person. If communications relating to medical, religious, jo urnalistic or legally privileged material are likely to be involved, the applica tion for an interception warrant should draw attention to this as it will give r ise to an unusual degree of collateral infringement of privacy. This is to be ta ken into account by the Home Secretary when considering the application. The legislature in Bangladesh before enacting the act did not consider i ts practical aspect. There are approximately 6 to 7 million mobile phone users i n the country, which means on an average 1 to 2 million cell phone calls are mad e each day. Considering this it is not practically possible to record all these telephone calls each day. Then the very object of the Act to provide the law enf orcement agencies credible information is not feasible. The probability of obtai ning significant information regarding any crime or anti state activities is one in a million. Another aspect of the Act is that it is absolutely silent about privileg ed communication. What if the communication is made between a lawyer and a clien t or a doctor and a patient? Communication between a lawyer and his client is pr ivileged communication and it cannot be used as evidence in any court of law. Bu t the Act has explicitly stated that the Government has the power to record, pre vent and collect information regarding communication made by any person through telephone and this recorded communication shall be admissible under the Evidence Act 1872. Furthermore, the Act is also silent about voice identification. It is apparent that this act will be a new tool for the government to in vade the privacy of the general people. Yet again the Government has enacted a l aw that will be used as a political weapon to harass political opponents and gen eral people alike. The Government has taken all sorts of preparations to invade privacy by telephone tapping and thereby crossing the line of decency of human d ignity. In a way the Government is trying to manipulate state mechanism over oth ers. These were the practices of Military regime in the then Pakistan and during the Martial Law Administrators in Bangladesh. It is quite undesirable act from a democratically elected government to frame such an abusive and ill motivated l egislation which has given the law enforcing and intelligence agencies a license to invade privacy of its own citizens. The desirability of the Government monitoring communications, whether pe rmitted by law or not, is a common debate. Privacy primarily relates to governme nt actions not private actions. Human rights guarantees do not impose broad obli

gations on governments to protect individuals against possible invasions of thei r privacy by other individuals. However Constitutional and international guarant ees require that restrictions on freedom of expression, even in the interests of privacy, must meet a very high standard of legality and necessity. Governments in many countries are given powers to breach privacy. This is often done during criminal investigations, where police are perm itted to seize private property from a suspect's house. Telephone tapping, where all information being transmitted over a phone line is secretly monitored, is o ften permissible for Law Enforcement Agencies although it requires permission fr om a court or proper authority subject to some restrictions. The present Telecommunication (Amendment) Act 2006 has provided the Government i rrational power to invade privacy of the people. It is obvious that this newly e nacted Act will be another mechanism for the Government to use it for political oppression. But as human rights defenders it is our duty to stand against such i rrational actions of the Government. Crackdown on internet users in Bangladesh: RAB & BTRC pinpointing internet users with fast connections: RAB (Rapid Action Battalion) members assisted by BTRC (Bangladesh Telecommunication Regulatory Com mission) officials are conducting house-to-house searches in Dhaka, Chittagong a nd Sylhet pinpointing each and every internet user with a fast connection. In an unprecedented move that clearly violates privacy rights and threatens freedom o f speech and communication. ISPs instructed to reveal admin password, user data: Officials from different IS Ps in Dhaka, Sylhet and Chittagong have confirmed to E-Bangladesh that they were verbally instructed late September by the authorities to: -Provide a list of all their subscribers with name, address and connection detai ls. -Share the admin password of internet gateway servers. -Facilitate installation of traffic scanners provided by RAB on gateway routers. BTRC memo leaked to E-Bangladesh: A memo issued by BTRC that instructed ISPs to share/reveal sensitive private data of internet users, business details and tech nical information was leaked to E-Bangladesh. To provide BTRC with details of bandwidth lease and usage To provide details of corporate/dedicated/shared clients: Name, address, IP To provide copies of technical agreements with connectivity providers To reveal individual client MRTG URL with user id and password ISPs must have complete information regarding the exact location of the client, t he memo advised. Constrains of ICT In Bangladesh: Low compute penetration Low teledensity Internet access show and expensive Bangla interface lacking Weak data communication infrastructure Absence of legal infrastructure No law against cyber crime No law of electronic authentication No electronic certification authority Lack of public awareness about ICTs Lack of adequate human resource Brain Drain

Constraints on Internet Growth: The explanations for this slow start are typical of emerging nations. Internet growth depends upon telecommunication infrastructure, computing and networking e quipment, human resources, and an active, supportive government. As in many deve loping nations, the Bangladeshi Internet is hobbled by poor telecommunication in frastructure, a lack of computing and networking equipment, few human resources, and an indifferent, bureaucratic government. The Internet requires underlying telecommunication infrastructure, and low teled ensity combined with virtually no digitization, has clearly constrained ISP grow th in Bangladesh. BTTB is a government monopoly, and the approval and tender pr ocess for a new exchange takes one and a half years. BTTB also licenses satellit e links which all of the ISPs use. Grameen applied for their VSAT license in 19 92, but did not get it until 1995. This delayed their entry in the market to Ju ly, 1996. The Internet also requires computing and networking equipment. BTTB sub-contrac ts the purchase of satellite equipment, and contracts for connectivity in Singap ore, Hong Kong or the US. BTTB sets the rate for the BD half-circuit, but the I SP is free to negotiate the second half circuit and connection charges. This eq uipment and uplink subcontracts add an estimated 25% to the networking cost. These constraints are among the most formidable faced by the Internet in any nat ion, yet it has taken root and begun to grow. Bangladesh has been a typical in the degree to which NGOs have been instrumental in establishing the Internet the re, but if they are to move to a higher level on any of our dimensions, the gove rnment, universities, and industry will also have to become involved. Bangladesh's Strengths, advantages and Opportunities: A substantial number of educated unemployed youth force, with ability to read and write English. About 2500 Bangladeshi NRB(Non Resident Bangladeshi) IT professionals em ployed in North America Total number of ICT related graduate every year now Bangladesh producin g 4529 from Public/Private Universities. A large number of Bangladeshi students are studying overseas in Computer related subjects, especially in India. Bangladesh offers a very attractive cost-effective wage level for Progr ammers about half of India. Certain strengths, advantages and opportunities available in Bangladesh have made the country lucrative for building partnership among the ASOCIO econo mies. The most of its strengths are the unleashed English speaking youth force , skilled professionals working aboard, universities & other educational institution s turning out huge ICT graduates, substantial number of ICT graduates studying abroa d and skilled workforce available at most competitive wages. Bangladesh has become an ideal ground for advanced ASOCIO economies to invest due to its business friendly policy for the foreign investors provi ding various incentives including tax holidays and simplified regulations. Conclusion: A country's social, political, and economic composition correlates closely with

its e-government program development. There are exceptions, however, as evidence d by several developing and transitioning economies. Key factors such as the sta tus of a country's telecommunications infrastructure, the strength of its human capital, the political will and commitment of its national leadership, and shift ing administrative priorities influence how decision makers, policy planners, an d public sector managers elect to approach, develop, and implement e-government programs. At present, Bangladesh lacks many of the factors necessary to establish e-govern ment. The government continues to struggle in its efforts to provide current inf ormation on governmental activities electronically. Not all government agencies possess web identities. To date, Bangladesh Railways is the only government agen cy that offers electronic service delivery to citizens. That agency has introduc ed computerized passenger reservation system, thus enabling faster reservation s ervice and less corruption. Although national leaders seem to possess the political will and commitment to a dopt ICT-friendly measures to advance the IT sector and establish e-government, there are still some obstacles to overcome. First, the lack of cooperation and coordination between government agencies and the absence of a national ICT policy have hindered the desired ICT growth in Ban gladesh. It is true that there has been an effort to introduce e-governance in a limited range in the ministries by supplying computers and hiring IT profession als in the government agencies under the 'e-governance project' of the Ministry of Science, Information & Communication Technology. But this has done little to encourage ICT growth in Bangladesh. Second, Internet access is too expensive in Bangladesh compared to Western devel oped countries. In Bangladesh, the lowest cost to gain Internet access is US$0.5 0 per hour through a dial-up system. Installation of necessary telecommunication facilities for ISP companies is also at the preliminary stage as the country is still not under the full BTTB telecommunication network. A telephone density of 0.50 connections per 100 people is one of the lowest in the world. This compare s unfavorably with neighboring countries, namely India (1.0), Nepal (0.5), Pakis tan (2.1), Sri Lanka (1.0), and Thailand (2.5). An installation charge of US$450 for a new line is also one of the highest in the world (e.g., Pakistan US$90, I ndia US$60), and the waiting time for a connection is more than a decade. (75) E xcept for the capital city of Dhaka and the port city of Chittagong, a telephone connection remains a pipedream for most Bangladeshis. Finally, the tendency of both ruling and opposition parties to politicize everyt hing in Bangladesh has had an adverse effect on the desired growth of ICT initia tives at both the public and private level. As political power changes hands bet ween the two major parties in Bangladesh, the bitter rivalry between the BNP and AL often results in the abandonment of policies pursued by the previous governm ent. This feature of the country's political culture has stymied efforts to prom ote the IT sector in Bangladesh. Bibliography: www.c2o.org/reports/Report_PAN_Asia_Networking.pdf www.sdnbd.org/sdi/issues/IT-computer/expartsoft-report.html Grameen, BBC News, BD Media www.ispabd.org Grameen Cybernet

www.bangladesh-bank.org/about/dept/eefu/eefu.html www.banglait.org www.E-bangladesh.com www.bcs.org www.mosict.org www.buddhicom.com www.sdnbd.org www.panasia.org www.eb2000.orgwww.indexmundi.com www.btcl.net

Figure-2: Map of the existing fiber-optic network in Bangladesh