Combating Cybercrime in Bangladesh: National and International Legal Frameworks
Combating Cybercrime in Bangladesh: National and International Legal Frameworks
7
"Computer crime." Wikipedia: The Free Encyclopedia. Wikimedia Foundation,
Inc, 20 January, 2014Visit for details: http://en.wikipedia.org/wiki/Computer_
crime.
8
Siddiqui, M . S., The Financial Express, 2013., titled: 'ICT Act And Freedom Of
Expression', 29 September, 2013, see for details:
http://www.thefinancialexpress,bd.com/old/index.php?ref=MjBfMDlfMjlfMTNf
MV85Ml8xODUxMDM=
9
Janczewski, Lech, and Andrew M. Colarik, (eds.), Cyber warfare and Cyber
Terrorism, IGI Global, 2008.
10
"Cyber Crime In Contemporary World Information Technology Essay,"
UKessays.com. 11 2013, All Answers Ltd. 07 2014,
See for details: http://www.ukessays.com/essays/information-technology/cyber-
crime-in-contemporary-world-information technology- essay.php?cref=1.
11
Grabosky, P.N., Virtual criminality: Old wine in new bottles?, Social and Legal
Studies, (2001), (10:2), pp. 243-249:243.
50
Society & Change
Vol. VIII, No. 1, January-March 2014
13
"Very-small-aperture terminal." Wikipedia: The Free Encyclopedia. Wikimedia
Foundation, see for details: http://en.wikipedia.org/wiki/Very-small-aperture_
terminal>
14
Hamidur Rashid, Internet History of Bangladesh, last visited 01.10.2009
<http://ezinearticles.com/?Internet-Histor of- Bangladesh&id=2327010.
15
"Internet in Bangladesh." Wikipedia: The Free Encyclopedia. Wikimedia
Foundation, Inc. 17 January, 2014 http://en.wikipedia.org/wiki/Internet_in_
Bangladesh >
16
Kamal, Mohammad Mostufa, et al, Asian Social Science 8.15 (2012), titled:
"Nature of Cyber Crime and Its Impacts on Young People: A Case from
52
Society & Change
Vol. VIII, No. 1, January-March 2014
Bangladesh": p.171.
17
Summary of- BTRC licenses, Last visited 06.09.2009http://www.btrc.gov.bd/
licensing/operators/summary_of_licenses.pdf
18
Ibid.
19
Hasan, Md Mehedi. Nilakas-duronto.blogspot.hk. N, titlted:'Nil Akas: Cyber
Law And Its Weakness: Bangladesh Perspective'. .p. 2011,
53
Combating Cybercrime in Bangladesh
legal issues relating to cyberspace, cyber law or the Law of internet came
into existence in Bangladesh.20 Information, Communication and
Technology (ICT) Act 2006 was the first milestone towards peoples‘
concern regarding cybercrime in Bangladesh. Apart from ICT Act,
Pornography Control Act 2012 and Copyright Act 2000 are some giant
leap towards ameliorating cybercrime threat.
International Legal Frameworks Combating Cyber Threat:
Due to intricacy of cybercrime, the law and enforcing agencies are
encountering daunting challenges to control the cybercrime. Hence, it
requires the national and international cooperative initiatives to control it
properly. Many countries are trying to accomplish under the shelter of
many international organizations. We are discussing these first. Then we
will concentrate our discussion to the national initiative of Bangladesh to
protect the computer and technology from the attack of cybercrime.
In 1997, the Group of Eight (G8) established a ―Subcommittee on
High-Tech Crimes‖, dealing with the fight against cybercrime. 21It
adopted ten principles and ten action plan to fight against the cybercrime
and destroy probable ways of committing this crime. It urges to maintain
the cooperation between and among the member-states to regulate the full
prosecution process even it from the investigation stage. It enlisted some
crimes (child pornography, hacking and blocking websites, and so on) as
major concern. It also settled a place of common communication for the
member state to prosecute this crime.
The United Nations has undertaken several important approaches to
address the challenges of cybercrime. It adopted resolution which
addressed child pornography, anything done for child pornography
significantly,22 and it developed action oriented policy to prevent this
crime.23 It also invited the members to take step, law, policy,24 maintain
20
"Weakness Of Cyber Law In Bangladesh Information Technology Essay."
UKessays.com. 11 2013.
See for details: http://www.ukessays.com/essays/information-technology/
weakness-of-cyber-law-in-bangladesh-information-technology-
essay.php?cref=1.
21
Gercke, Marco, "Understanding cybercrime: Phenomena, challenges and legal
response," International TelecommunicationUnion (2012).
22
Article 2, 3 of the resolution of the UNGA 45/12, see for details:
http://www.un.org/documents/ga/res/45/a45r121.htm, last visited on: 24th
January, 2014.
23
UNGA Resolution 45/121g v, see for details: http://www.un.org/documents/ga/
res/45/a45r121.htm, laste visited: 24th January, 2014.
24
UNGAA Resolution 56/12, see for details: https://www.itu.int/ITU-D/cyb/
cybersecurity/docs/UN_resolution_56_121.pdf, last visited: 23rd January, 2014.
54
Society & Change
Vol. VIII, No. 1, January-March 2014
25
UNGA Resolution 57/239 and 58/199, see for details: https://www.itu.int/ITU-
D/cyb/cybersecurity/docs/UN_resolution_58_199.pdf and last visited: 23rd
January, 2014.
26
Ki-moon,Ban., Berger, Maria., Costa, A. Maria and Orr , Robert (2007, May). ,
Advancing the Implementation of the United Nations Global Counter-Terrorism
Strategy. Symposium conducted at the meeting of United Nations Office on
Drugs and Crime, Vienna International Centre, Austria.
27
Un.org, '‘Working Group On Countering The Use Of The Internet For Terrorist
Purposes - Counter-Terrorism Implementation Task Force'.
28
Ibid.
29
Butani, Anita, Bryan Chao, and Ninteenth Annual Session. "Commission on
crime prevention and criminal justice." (2002): 9.
30
Besides these it adopted 10, 149, 45, 50, 52, and 58 resolutions which have
definitely addressed the IT issues.
31
edisonmun.files.wordpress.com/2011/05/cyber-terrorism.doc
55
Combating Cybercrime in Bangladesh
46
Mugarura, Norman, The Global AML Framework and its Jurisdictional Limits,
Diss. University of East London, 2012.
47
Lawton, Opal. "Monitoring Caribbean information societies", LC/W 315 (2010).
48
Girvan, Norman,"Implications of the Cariforum-EC EPA," Caribbean Policy
Development Centre (2008).
49
Yoon, Chin Saik, "Asia-Pacific ICTs: An overview of diversity" Digital Review of
Asia Pacific’ http://Asia-Pacific Development Information Programme of the
United Nations Development Programme, http://Pan Asia Networking
Programme of the International Development Research Centre, http://Orbicom,
http://Southbound, http://www. digital-review. org/bhp01. htm 1 (2006).
50
Ibid.
51
Id.
52
S. 54 of the Information, Communication and Technology Act, 2006.
53
S.55, ibid.
54
S. 56, id.
55
S. 57, id.
56
S. 58, id.
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Vol. VIII, No. 1, January-March 2014
to comply with any order made under section 45,57 failing to comply any
order made under section 46,58 securing access to any system violating
section 47,59 representing anything to controller of certifying authority to
achieve the license of digital signature, or digital signature,60 disclosing
the confidentiality or privacy61, punishing a false or fake digital
signature,62 making available any certificate, license, digital signature for
fraudulent purposes,63 assisting to commit these crimes64 and being the
director, secretary, partner. Shareholder or stuff of any company
committing these crimes65 would be considered as the criminals under
this Act.
Pornography66 is a crime and it is punishable when he is convicted for
committing it without consent of the concerned individual. He may be
penalized for seven years of imprisonment as per section 8 of the
Pornography Control Act, 2012. Considering the expansion of the child
pornography, this Act contains separate provisions for the child
pornography and the imprisonment for this offense would be 10 years.
Practically, the child pornography is created by the animation or artificial
process. That is why it difficult to accuse any person for this crime.
Copyright67 Act is a milestone to fight certain kind of cybercrime
such as Piracy, Illegal distribution of media contents such as audios,
videos and documents, theft of intellectual property etc. 68 The owner of
copyright works has the exclusive right to do certain acts in respect of the
work. If any person does any of these acts without having authority, s/he
will be liable for the infringement of copyright.
57
S. 59, id.
58
S. 60, id.
59
S. 61, id.
60
S. 62, id.
61
S. 63, id.
62
S. 64, id.
63
S. 65, id.
64
S. 66, id.
65
S. 67, id.
66
Pornography is any dialogue, acting, posture, unclothed or partially unclothed
dance in cinema, video, photography, graphics, audio-visual image or imagery
otherwise captured and displayable, which causes sexual arousal and has no
artistic or educative value. Also, such books, magazines, sculptures, cartoons and
leaflets which cause the sexual arousal, and their negatives and so` copies would
also be considered pornography.
67
Section 71 of the Copyright in a work is deemed to be infringed when any person
without a license from the owner of the copyright, or the Registrar of the
copyright, or in contravention of the conditions of a license granted or any
conditions imposed by a competent authority under Act
68
Azam, M. (2006). Law and Our Rights. [online] Archive.thedailystar.net.
Available at: khttp://archive.thedailystar.net/law/2006/02/01/education.htm
[Accessed 16 Jan. 2014].
59
Combating Cybercrime in Bangladesh
61
Combating Cybercrime in Bangladesh
71
Siddiqui, M. S. (2013), The financial express,, tilted: ‗New ICT law a threat to
freedom of expression‘, available at http://www.thefinancialexpress-
bd.com/old/index.php?ref=MjBfMDlfMjJfMTNfMV85Ml8xODQyNjE
72
Maruf, Ashiquddin Mohammad, Md Rabiul Islam, and Bulbul Ahamed (jointly),
Northern University Journal of Law 1 (2014), tilted: "Emerging Cyber Threats in
Bangladesh: In Quest of Effective Legal Remedies.", pp. 112-124.
62
Society & Change
Vol. VIII, No. 1, January-March 2014
criminals. Here, the national law might get priority over the international
laws. Interestingly, it may not function if the extradition treaty has not
been already made between the countries. Cybercrime having the
transboundary nature, all states should cooperate to combat this crime. If
any state does not function for fighting against this crime, the criminals
may attack on each and every computer and technological achievement
of the universe from the country creating habitats for the criminals. As a
result, this country should come under the regulation.
It is evident that preventing cybercrime requires bi-directional
digging though the tunnels, each of the approaches has unique difficulties
and advantages. Technology in today‘s world is one of the fastest
changing things, so are the patterns, motives, ways of committing IT-
related crime. It is unfortunate that Bangladesh has had little success in
combating modern cybercrime though legislative measures. ICT Act and
Pornography Act can prevent some of the banal cybercrimes that are
almost obsolete, but a complete fiasco to the more ominous crimes such
as money laundering, online theft, credit card hacking, virtual child
pornography, and online fraudulence by image deformation, piracy and
plagiarism, stock exchange fraudulence and so on. It has neither entered
into a global pact regarding cybercrime nor strengthened existing laws
nor updated according to the necessity nor applied them effectively. IT
sector is growing pretty haphazardly which may backfire in near future
which can be easily predicted by the recent aggravation of the situation.
Cybercrime is like population explosion, once out of control, possesses
an extremely daunting task to control. It is high time, Bangladesh should
ponder upon this grievous threat and lessen the gap between international
effort and national effort accordingly.
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63
Combating Cybercrime in Bangladesh
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Threats in Bangladesh: In Quest of Effective Legal Remedies.", pp. 112-124.
64