Professional Documents
Culture Documents
Research Monogram
Submitted to
Dr. Md. Hashibul Alam Prodhan
Professor
Department of Law
Rajshahi University
Submitted by
Hasan Muhtady
Student of LLM
Roll 10039024
Registration No 1027
Session 2009- 2010
Department of Law
Rajshahi University
E-mail: hasan.muhtady@gmail.com
Department of Law
Rajshahi University
Researchers Declaration
We do hereby ceremonious declare that the research titled CYBER CRIME IN
BANGLADESH: LAWS AND PRACTICES is an original research work
completed by us under the supervision of Dr. M. Hasibul Alam, Professor,
Department of law, University of Rajshahi. It is neither copied out from
anybodys work nor published fully or partly in any journal in Bangladesh or
outside Bangladesh.
This work has not been submitted to any department or institution for any
degree or diploma in any from in Bangladesh or in abroad.
Hasan Muhtady
LLM
Department of Law
Acknowledgement
I am grateful to Allah for the good health and wellbeing that were necessary to
complete this present research.
I wish to express my sincere thanks to Dr. M. Hasibul Alam, Professor of
Department of Law, for providing me with all the necessary facilities for the
research.
We are grateful to all our respondents who have helped us with the preparation
of this report, we thank specially to departmental seminar library, Central library
of Rajshahi University for their cooperation. We also indebted to all our group
members and friends, whose comments and suggestions have added
significance to clarify of the report.
Hasan Muhtady
LLM
Department of Law
Abstract
This present developing world with the advantages of technology
cybercrime is now a deeply serious crime. It is, nowadays, becoming a
serious matter of concern all over the world. This paper describes the
nature of cybercrime which is committed in Bangladesh. As the use of
internet in Bangladesh is not as wide as other developed countries, crime,
however, related to internet is in emerging stage herein this country. The
study is exploratory in nature. Methodological triangulation (face to face
interview and case study) has been applied to collect pertinent data from
various kinds of man in Bangladesh. Like all other countries in
Bangladesh this crime is growing rapidly. Our present law are not
sufficient to stop this crime. Without the precaution of our citizen and the
ICT ministry we can not stop this crime. Presently we can see that in our
country many strong hackers group of our country are started cybercime
in whole world. It is revealed from the study that, though cyber crime is
not in serious condition in research area, the respondents are victimized
sometime by hacker, pornography sites and computer virus through
internet. It is continuously growing attention of the majority people of the
study area.
TABLE OF CONTENTS
Chapter 1
1.1 Introduction
1.2 Conditions of Cybercrime in Bangladesh
1.3 Research objectives
1.4 Methodology of research
1.5 Scope and limitation of the study
1.6 Literature review
1.7 Conclusion
Chapter 2: Background and general concept
2.1 Definition of Crime and Cybercrime
2.2 Development of Cybercrime
2.3 Nature of Cybercrime
2.4 Areas of Cybercrime
Chapter 3: Reasons and Classifications
3.1 Reasons behind Cybercrime
3.2 Classification of Cybercrime
3.3 Mode and Manner of Committing Cybercrime
3.4 Copyright and Trademark related offence
3.5 Future Cybercrime
Chapter 4: Cybercrime in Bangladesh
4.1 Recently committed Cybercrimes in Bangladesh
4.2 Cyber security in Bangladesh
4.3 Effect of Cybercrime in Bangladesh
4.4 Lack of Mechanism Control
Chapter 5: Cyber laws in Bangladesh
5.1 Enacted laws relating Cybercrime
5.2 Others laws preventing Cybercrime
5.3 Enforcements of Laws in Bangladesh
5.4 Implementation of Laws and Challenges
5.5 Other steps in preventing Cybercrime
Chapter 6:
6.1 International laws on Cybercrime
6.2 Recommendations
6.3 Conclusion
Chapter One
Introductory Discussion
1.1 Introduction:
It is certainly believed that present world cant think without internet and communication
technology. Computer and internet makes our life faster in both positive and negative side.
Cyber-crime refers to any crime that involves a computer and a network . The internet, along
with its advantages, has also exposed us to security risks that come with connecting to a large
network. Computers today are being misused for illegal activities like e-mail espionage,
credit card fraud, spams, and software piracy and so on, which invade our privacy and offend
our senses. Issues surrounding this type of crime have become high-profile, particularly those
surrounding hacking, copyright infringement Child pornography, and child grooming. Cybercrime is criminal activity done using computers and the Internet. This includes anything from
downloading illegal music files to stealing millions of dollars from online bank accounts. It is
not surely said that, from when the cybercrime was started but in 1999 at Taiwan a virus was
attracted named CIH, made the topic of cyber-crime familiar to the whole world. But at the
present world it cant be said that what the massive bad effect in the area is cyber-crime.
In the present time people become more dependent on computer and internet, as result, we
cant not think our daily activities without this technological help. This makes a criminal easy
to commit crime by using a computer from sitting any far place of the world. For committing
this crime the criminal need not to take any special risk. A cyber-criminal can destroy
websites and portals by hacking and planting viruses, carry out online frauds by transferring
funds from one corner of the globe to another, gain access to highly confidential and sensitive
information, cause harassment by e-mail threats or obscene material, play tax frauds, indulge
in cyber pornography involving children and commit innumerable other crimes on the
Internet. It is said that none is secure in the cyber world. The security is only for the present
moment when we are actually secure. With the growing use of the Internet, cyber-crime
would affect us all, either directly or indirectly.
The Convention on Cybercrime, Budapest, 23 November 2001, is the first convention which
was made to control cyber-crime world widely. The United Nation pass a Resolution on
combating the criminal misuse of information technologies was adopted by the General
Assembly on December 4, 2000 including as followings: (a) States should ensure that their
laws and practice eliminate safe havens for those who criminally misuse information
technologies. (b) Legal systems should protect the confidentiality integrity and availability of
data and computer systems from unauthorized impairment and ensure the criminal abuse is
penalized. Beside this many countries made new laws to control cyber-crime. In United
States and United Kingdoms there are specific cyber laws. In Indian, the Information
Technology Act and Indian Evidence Act control the cyber related crimes.
In the side of Bangladesh the Government responded by coming up with the first cyber law of
Bangladesh The Information and Communication Technology Act (ICT), 2006. The
Cabinet of Minister of Bangladesh has approved the Information and Communication
Technology bill (ICT), 2006 on February 2005 and it has been enacted on 8th October, 2006.
The ICT Act defines various terms. Which are innovative in the legal lexicon in Bangladesh..
In Bangladesh, there are no many laws relating to cyber-crime. Some provisions also inserted
in the Amendment of Telecommunication Act 2001 to control cyber-crime.
1.7 Conclusion:
Cybercrime is the crime which is wider than any other crime. Beside of law, technological
development is needed for stopping this crime. Developing country like Bangladesh many
people are not aware about this serious crime. Beside personal damages, economical damages
are also happen. The national security is in danger by cause of cybercrime. There are many
laws in all over the world also in Bangladesh to stop this heinous crime but we have no
control over cyberspace as a result this boundless crime getting more opportunities to
commit. By the end of this study it will be clear to us about the present condition of cyber
crime in Bangladesh, the laws relating this crime, and how far those laws are able to stop this
modern crime.
Chapter- Two
Background and general concept
2.1 Definition of Crime and Cybercrime:
The cybercrime is that kinds of crime which is not a crime like others. This crime can be
committed from any part of the world. So before this issue we need to know what is crime
under law. A crime is an act or the commission of an act that is forbidden or the omission of a
duty that is commanded by a public law and that makes the offender liable to punishment by
that law; especially : a gross violation of law.
A crime is an offence against a public law. This word, in its most general sense, includes all
offences, but in its more limited sense is confined to felony.
The term offence may be considered as having the same meaning, but is usually understood
to be a crime not indictable but punishable, summarily or by the forfeiture of a penalty.
Most reports, guides or publications on cybercrime begin by defining the term cybercrime.
One common definition describes cybercrime as any activity in which computers or networks
are a tool, a target or a place of criminal activity. One example for an international approach
is Art. 1.1 of the Draft International Convention to Enhance Protection from Cyber Crime and
Terrorism (CISAC) that points out that cybercrime refers to acts in respect to cyber systems.
Some definitions try to take the objectives or intentions into account and define
cybercrime more precisely, defining cybercrime as computer-mediated activities which are
either illegal or considered illicit by certain parties and which can be conducted through
global electronic networks
This demonstrates that there are considerable difficulties in defining the term cybercrime.
The term cybercrime is used to describe a range of offences including traditional computer
crimes, as well as network crimes. As these crimes differ in many ways, there is no single
criterion that could include all acts mentioned in the Stanford Draft Convention and the
Convention on Cybercrime, whilst excluding traditional crimes that are just committed using
hardware. The fact that there is no single definition of cybercrime need not be important, as
long as the term is not used as a legal term.
Chapter-Three
Reasons and Classifications
3.1 Reasons behind Cybercrime
There we can seeThe reasons for the vulnerability of computers may be said to be:
Capacity to store data in comparatively small spaceThe computer has unique characteristic of storing data in a very small space. This affords to
remove or derive information either through physical or virtual medium makes it much more
easier.
Easy to accessThe problem encountered in guarding a computer system from unauthorised access is that
there is every possibility of breach not due to human error but due to the complex technology.
By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice
recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be
utilized to get past many a security system.
3.ComplexThe computers work on operating systems and these operating systems in turn are composed
of millions of codes. Human mind is fallible and it is not possible that there might not be a
lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the
computer system.
4.NegligenceNegligence is very closely connected with human conduct. It is therefore very probable that
while protecting the computer system there might be any negligence, which in turn provides a
cyber criminal to gain access and control over the computer system.
5. Loss of evidenceLoss of evidence is a very common & obvious problem as all the data are routinely
destroyed. Further collection of data outside the territorial extent also paralyses this system of
crime investigation.
Copyright-related offences;
Now this types of crimes are classified in different categories. This types of cybercrimes are
happening all over the world. With the change of time new types of cybercrime are adding
with this crime. The main crimes are now defined here.
Offences Against the Confidentiality, Integrity and Availability of Computer Data and
Systems:
3.2.1. Illegal Access (Hacking, Cracking):
Since the development of computer networks, their ability to connect computers and offer
users access to other computer systems, computers have been used by hackers for criminal
purposes. Hackers need not be present at the crime scene; they just need to circumvent the
protection securing the network. In many cases of illegal access, the security systems
protecting the physical location of network hardware are more sophisticated than the security
systems protecting sensitive information on networks, even in the same building. The illegal
access to computer systems hinders computer operators from managing, operating and
controlling their systems in an undisturbed and uninhibited manner. In most cases, illegal
access (where law seeks to protect the integrity of the computer system itself) is not the endgoal, but rather a first step towards further crimes, such as modifying or obtaining stored data
(where law seeks to protect the integrity and confidentiality of the data).
3.2.2 Data Espionage:
Espionage or spying involves individual obtaining information that is considered secret or
confidential without the permission of the holder of the information. Denial of Service attacks
normally is an attack on a computer network using hundreds, even thousands of computers
sending data to the network at the same time causing the network to crash. Hackers use
special programs to hijack computers and coordinate such attacks.
3.2.3. Illegal Interception:
The use of ICTs is accompanied by several risks related to the security of information
transfer. Unlike classic mail order operations within a country, data transfer processes over
the Internet involve numerous providers and different points where the data transfer process
could be intercepted. The weakest point for intercept remains the user, especially users of
private home computers, who are often inadequately protected against external attacks.
3.2.4. Data Interference:
Attacks or obtaining of this information can result in financial losses. Besides deletion, the
alteration of such information could also have major consequences. Previous legislation has
in some not completely brought the protection of data in line with the protection of tangible
objects. This enabled offenders to design scams that do not lead to criminal sanctions
3.2.5 Content related Offences:
Many times content from any computer network and any system may be copied illegally by
the cyber criminal. They use this data in their own name, this type of crime generally happen
in our country, this is totally illegal in our country, but no one try to stop this crime.
3.2.6. Child Pornography:
By the use of computer child pornography is very easily occurred. Child pornography is a
form of child sexual exploitation. The Internet is becoming the main instrument for the trade
and exchange of material containing child pornography. The major reasons for this
development are the speed and efficiency of the Internet for file transfers, its low production
and distribution costs and perceived anonymity. Pictures placed on a webpage can be
accessed and downloaded by millions of users worldwide. One of the most important reasons
for the success of web pages offering pornography or even child pornography is the fact
that Internet users are feeling less observed while sitting in their home and downloading
material from the Internet. Unless the users made use of means of anonymous communication
the impression of a missing traceability is wrong. Most Internet users are simply unaware of
the electronic trail they leave while surfing.
Data diddling :
This kind of an attack involves altering raw data just before it is processed by a computer and
then changing it back after the processing is completed.
Racism, Hate Speech, Glorification of Violence
Religious Offences
Illegal Gambling and Online Games
Libel and False Information
Spam and Related Threats
Other Forms of Illegal Content
Copyright and Trademark related Offences
Copyrightrelated Offences
Trademarkrelated Offences
Computer related m Offences
Fraud and Computerrelated Fraud
Computerrelated Forgery
Identity Theft
Misuse of Devices
Combination Offences
Cyberterrorism:
Cyberterrorism is the act of Internet terrorism in terrorist activities, including acts of
deliberate, large-scale disruption of computer networks, especially of personal computers
attached to the Internet, by the means of tools such as computer viruses.
Cyberterrorism is a controversial term. Some authors choose a very narrow definition,
relating to deployments, by known terrorist organizations, of disruption attacks against
information systems for the primary purpose of creating alarm and panic. By this narrow
definition, it is difficult to identify any instances of cyberterrorism.
Cyberwarfare:
Cyberwarfare is Internet-based conflict involving politically motivated attacks on information
and information systems. Cyberwarfare attacks can disable official websites and networks,
disrupt or disable essential services, steal or alter classified data, and criple financial systems
among many other possibilities.
Cyberlaundering:
Cyber laundering is a new way to hide the proceeds of crime and the advance of
technological solutions of electronic payments and online gambling has eliminated the need
for time and space as compared to the traditional way of money laundering to achieve
Cyberlaundering.
Virus attack:
A computer virus is a computer program that can infect other computer programs by
modifying them in such a way as to include a (possibly evolved) copy of it. Viruses can be
file infecting or affecting boot sector of the computer. Worms, unlike viruses do not need the
host to attach themselves to.
1. Blackmailing girl by capturing their nude photographs and video on the sly and
threatening to expose publicly. Such incidents are caused frequently by their boyfriends and
others.
2. A number of community websites have been introduced, which the young girls and boys
are using to exchange phone numbers for Posting hidden videos or even pictures with nudity
etc.
3. Hacking in the website of Bangladesh Computer Society, which took place after a few
days of a 3 day-long Regional Seminar on Cyber Crime in Dhaka.
4. E-mail threatening the current Prime Minister Sheikh Hasina from a cyber cafe.
5. Hacking into the Internet account of Barisal DC office in 2003 AD, the incident was
revealed after the DC office received a heavily bloated Internet bill and lodged a complaint
with the Bangladesh Tar and Telephone Board (BTTB).
6. Hacking took place in the website of Bangladesh Rapid Action Battalion (RAB) in 2008,
during the access to www.rab.gov.bd, the website read: "Hacked by Shahee_Mirza."
7. Hacking the mail of BRAC Bangladesh13
8. Stealing the transaction report of Dhaka Stock Exchange through hacking.
9. Inserting naked pictures to the website of Bangladesh National Parliament.
10. Inserting naked pictures to the website of Jamate Islami Bangladesh.
11. Inserting naked pictures to the website of The Daily Jugantor.
12. E-mail threatening to World Bank Dhaka Office.