Information and Communication Technology

Act
Today we often come across terms like ‘cyber crimes’, ‘net crimes’,
‘computer-fraud’, ‘cyber extortion’ etc. With the advent and advancement
of internet, a new type of crime has developed. It is most commonly
known as the cyber crimes.

The term cyber generally means computer network or virtual reality.

So, cyber crime can simply be defined as crime which involves

cyberspace or computer network or a protected computer system.

What is cyber crime:

“Offences that are committed against an individual or group of

individuals with a criminal motive to intentionally harm the reputation of
the victim or cause physical or mental harm or loss to the victim directly
or indirectly using modern telecommunication networks such as internet
(chat rooms, emails, notice boards or groups) and mobile phone
(SMS/MMS).’’

 Cyber criminals are most commonly known as hackers.

 The term “hacker” is now so overused that it has come to be applied
to anyone who breaks into computer systems.

 But this is not entirely correct. There is a difference between hackers

and crackers, although the term “cracker” has never caught on with
general public.

 Hackers are people who gain unauthorized access to computers or

telecommunication systems, often just for the challenge of it.

 On the other hand crackers are people who illegally break into
computer systems for financial gains, shut down hardware pirate
software or alter or destroy data. They often engage in sabotaging the
victim’s assets.

 The aforementioned hackers are colloquially called ‘white-hat

hackers’ (who are not malicious) and those mentioned later are called
‘black-hat hackers’ (who are malicious).
Types of cyber crimes

There are many kinds of cyber crimes. Some of them are briefly
mentioned below-

Hacking

It is an offence to hack a computer system which belongs to other

individuals or organizations. Hacking puts the victim in a very vulnerable
position as there are risks of exposing all the confidential information in a
computer system. It is a punishable offence and the laws regarding
hacking are quite strict.

Cyber-defamation

The internet can be used to spread misinformation just as easily as

information. Websites can present false or defamatory information
especially in forums and chat rooms, where users can post messages
without verification by moderators. IT is vital to highlight the increased
danger presented by false or misleading information. Defamation can
seriously injure the reputation and dignity of victims to a considerable
degree, as online statements are accessible to a world wide range.

Cyber-extortion

Cyber-extortionists create harmful soft-wares and often threat individuals

or organizations. With those soft-wares they can cause serious damage to
the threatened individuals or organizations. They offer ‘protection’ in
exchange of money otherwise they destroy or expose all financial and
security information. These cyber-extortionists can be regarded as the
new age cyber-mafias.

E-mail bombing

E-mail bombing refers to sending a large number of e-mails to the victim

resulting in the victims e-mail account (in case of an individual) crashing.
This kind of things are done to harass someone purposefully.

Cyber-terrorism
The term cyber-terrorism was coined in the 1980s by Barry C. Collin. It
is defined as the premeditated attack against information, computer
systems, computer programs and data which results in violence against
non-combatant targets by sub-national groups or clandestine agents.
Cyber-terrorists can do unimaginable harm to a group of people or a state.
They can get into a telephone network during an emergency and shut it
down causing more casualties. Suppose, a situation similar to 9/11 has
arisen and emergency personnel are being deployed. Meanwhile, the
terrorists can hack into emergency communication system and redirect all
orders, give false information etc. Thus, the situation will worsen. In
USA, FBI has separate Cyber Security Unit (CSU) who works to protect
the nation from such attacks. Cyber-terrorists target transportation,
telecommunication, financial data etc. Thus, a war can be won without
shooting even a single bullet.

Cyber-crimes in Bangladesh
 Bangladesh, despite being a third world country, has seen a
technological revolution. A Bangladeshi teenager has very easy access
to computers and other devices. And so, they get enough opportunity
to engage in hacking.
 Hacking has already become a major problem in Bangladesh. Young
people are getting more and more interested in hacking for the thrill in
it.

 Not just young people, even the mainstream media is so often

engaged in the hacking and exposing private information.

 The Mahmudur Rahman case is one of the leading cases in terms of

cyber crimes in Bangladesh and may be referred as the first cyber
crime case in Bangladesh. Mahmudur Rahman, the founder of a
Bangladeshi newspaper named Amar Desh was sued in line with a
High Court directive for publishing reports on Skype conversation
between former International Crimes Tribunal chairman Justice Md
Nijamul Huq and an expatriate legal expert in December, 2012. He
was sued along with the Amar Desh publisher Hashmat Ali on
December 13, 2012.

 On 15/02/2012 a group of alleged Bangladeshi hackers named ‘Black

Hat Hackers’ hacked more than 25000 Indian websites which
included important sites such as the website of the Border Security
Forces (BSF).
Legal fabric of Bangladesh regarding cyber-crimes
 The Information and Communication Technology (ICT) Act, 2006 came in force
on 8 October, 2006. Subsequently, the government amended the Act in 2008 and
in 2009.
 For the better application of the Act, the government passed Information
Technology (Certificate Authority) rules in 2010.

 But these laws alone are not enough. To face the challenges growing in cyber
space it is essential to amend the existing laws such as the Penal Code 1860, the
Evidence Act 1872, the Contract Act 1872 etc.

 However, there are some provisions in the ICT Act, 2006 which mention
penalties for various cyberspace related crimes.

 For instance, section 54 (1) of this Act declares the offences concerning
cyberspace. Then, section-54(2) says, “If any person commits offences under sub-
section (1) of this section, he shall be punishable with imprisonment for a term
which may extend to ten years, or with fine which may extend to taka ten lakhs,
or with both”.

We can also look at section-56 which says-

“If any person—

(a) with the intent to cause or knowing that he is likely to cause wrongful loss or
damage to the public or any person, does any act and thereby destroys, deletes or
alters any information residing in a computer resource or diminishes its value or
utility or affects it injuriously by any means;

(b) damage through illegal access to any such computer, computer network or any
electronic system which do not belong to him; then such activity shall be treated as
hacking offence;

(c) whoever commits hacking offence under sub-section (1) of this section, he shall
be punishable with imprisonment for a term which may extend to ten years, or with
fine which may extend to taka one crore , or with both.”

We can see that law has taken the matter of cyber-crimes in consideration and there
are some strict rules regarding it.

 The ICT Law of Bangladesh styled "Information and Communication

Technology Act, 2006" provides or Digital Certificates to be used for
signing of Documents.
 The law was introduced in 2006 and established in 2013.
 In 2015, it was first named as Cyber Security Act, but later renamed
to Digital Security Act 2016.
 The draft was approved by the cabinet on August 22, 2016 and later
sent to the Law Ministry for scrutiny.

There have been two amendments to the Information and

Communication Technology Act, 2006 namely ICT ACT 2008
(amendment) and ICT ACT 2009 (amendment).

Section 57 of the Information and Communication Technology Act

stipulates that any post, image, or video on an electronic format that
“causes to deteriorate law and order, prejudice the image of the state or
person or hurt religious beliefs” are non-bailable offences.

The punishment is a minimum seven years in prison up to a maximum of

14 years. The fines can go up to Tk1 crore.

The ICT law has been formulated to support the development of

information and communication technologies in Bangladesh.

The purpose of this Act is:

To guarantee the legal security of documentary communications between

persons, partnerships and the State, regardless of the medium used ; the
consistency of legal rules and their application to documentary
communications using media based on information technology, whether
electronic, magnetic, optical, wireless or other, or based on a combination
of technologies; the functional equivalence and legal value of documents,
regardless of the medium used, and the interchangeability of media and
technologies; the linking of a person, a partnership or the State with a
technology-based document, by allowing them to be identified by
certification; and for the harmonization of the technical systems, norms
and standards involved by means of technology-based documents and
interoperability between different media and information technologies.

1. The government is going to abolish Section 57 of the Information and

Communication Technology (Amendment) Act, 2013, by enacting a
new law named ‘Digital Security Act, 2016’, which has been prepared
by the Information and Communications Technology (ICT) Division.

2. A writ petition was also filed with the High Court on August 26,
challenging the legality of Section 57 of the ICT Act, 2013. Section
57 of the ICT (Amendment) Act, 2013, says if any person deliberately
 publishes any material in electronic form that causes law and order to
deteriorate, prejudices the image of the state or person or causes hurt
to religious belief, the offender will be punished for a maximum of 14
years and minimum seven years of imprisonment.
3. It also suggested that the crime be non-bailable.
4. The petition placed before the High Court, challenging the section,
noted that the provisions there conflict with Articles 27, 31, 32 and 39
of the Constitution.

A. Under the draft Digital Security Act, if any person deliberately

publishes any material in electronic form that causes law and order to
deteriorate, prejudices the image of the state or person or causes to
hurt religious belief, the offender will be punished for a maximum of
two years of rigorous imprisonment and face a fine of up to Tk. 2 lakh
or both.

B. Defamation cases would be tried under the Code of Criminal

Procedure (CrPC), 1860. To tackle cyber crimes, the draft of the new
law would have provisions for a punishment of maximum 14 years in
jail for offenders.
C.
A ‘Cyber Emergency Response Team’ would be formed under the
new law.
D. The draft Digital Security Act 2016, intended to address the need for
cyber-crime legislation.

Brief Headlines:

(1) This Act will be called as Digital Security Act, 2016

(2)Its application will be imposed on entire Bangladesh.
(3)This will be effective immediately.

Application of the act

(1) If any person perpetrates any offence under this act outside
Bangladesh for which he/she may be convicted under this act,for this
reason, this act will be applicable in such a way that he/she has
committed the offence in Bangladesh.
(2) If any person commits any offence through any computer, computer
system or computer installed in Bangladesh under this act, the provisions
of the same will be applicable against this person in such way that the
offence was committed in Bangladesh.
(3) If any person commits any offence outside Bangladesh under this act
from Bangladesh, the provisions of the same will be applicable against
this person in such way that the offence was committed in Bangladesh.

Some Important Portion of the Act:

 Formation and functions of the digital security ageny

 The government can create a new office of ‘Digital Security Agency’

with necessary workforce with a view to fulfilling the purposes of this
act.
 There will be a director general of this authority and the government
will appoint additional director general, director, deputy director and
assistant direct as well as other officers.

 National Digital Security Council

a. A ‘National Digital Security Council’ will be formed with a view to
discussing on the overall matters of the digital security and taking
national important decisions on the digital security.
b. The formation and activities of ‘National Digital Security Council’
will be controlled by the rules.

 Cyber terrorist activities

 Pornography and offences concerned:

(a) publishes pornography through to any computer, computer

programme, computer system or computer network or device, social
media or digital network.
(b) publishes any advertisement or make any cause to publish this, there
is a possibility to distributed or exhibit pornography or obscene elements.
(c) access to any computer, computer programme, computer system or
computer network or digital device, digital system or digital network with
an ulterior motive It will be considered that the said person has
committed the offence of pornography or child pornography.

If any person commits any offence under the items (a), (b) and he/she will
be convicted to maximum 7(seven) years imprisonment or fined five lac
taka or both.

 Defamation, false and obscene, hurting the religious feelings

(1) If any person defames any person or institution in website or any
electronic arrangement under the section 499 of the Penal Code (Act No.
45 of 1860), it will be an offence.
(2) If any person publishes or broadcasts in the website or any electronic
device deliberately which is false or obscene and perverts or pollutes
human mind, makes defamation in terms of money or belittles socially, it
will be considered as an offence; or
(3) If any person publishes in any website or electronic arrangement that
hurts the religious feelings of others after seeing that, it will be
considered as an offence.
If any person commits any offence under these will be convicted to
maximum 5 (five) years imprisonment or fined 5 (five) lac taka or both.

 Forming cyber tribunal.

 Punishment for violating the confidentiality
(a) If any person takes the photograph of others willingly or deliberately
and publish or send or distort the same with an ulterior motive, such act
will be considered as the violation of the personal confidentiality.
(b) If any person commits any offence under this he/she will be convicted
to maximum fiveryears imprisonment or fined maximum ten lac taka or
both.

Under the ‘Digital Security Act, 2016’some offence with

punishment accordingly:
 The proposed law provides for a maximum sentence of 14 years' imprisonment
and Tk 1 crore fine or both for hacking or attacking any important cyber
establishments or infrastructure such as Biman Cyber Management.
 It includes another provision of a maximum penalty of 14 years and a minimum
of two years in prison and also a fine of up to Tk 1 crore or both for cyber
terrorism.

 Actions that may affect Bangladesh's unity and hinder other countries' security or
help and encourage someone to commit terrorist activities would be considered as
cyber terrorism, he said.

 According to the proposed law, if anyone commits crimes using a computer, a

mobile or any digital device, the person would face a maximum punishment of
five years and a minimum of two years in jail and Tk 3 lakh fine or both.

 For cheating or committing a forgery through computers, mobile phones or other

electronic devices, an offender could face a maximum penalty of five years and a
minimum of three years in prison and a fine of Tk 3 lakh or both.
 The proposed law has provisions for two year's imprisonment and Tk 2 lakh fine
or both for violating secrecy, a maximum sentence of 10 years and a minimum of
two years in prison or Tk 10 lakh fine for circulating pornographic materials on
the internet.

 Besides, one could face a maximum punishment of two years' imprisonment and
a minimum of two months in jail and Tk 2 lakh fine or both for defamation and
hurting religious sentiment.

 For creating enmity and causing deterioration of law and order, a person could
face a maximum penalty of seven years and a minimum of one year in jail and Tk
7 lakh in fine or both.