Cyber Crime
Cyber Crime
MASTERS OF LAWS
2018
Md. MozammelHoque
Id: 181-38-244
Declaration
I absolutely aware that I actually have associate degree obligation to create clear to the
administrative official that is my very own work, and that is that the work of others whom I’m
citing in my paper. Unless, I clearly indicate otherwise, my administrative official is entitled to
assume that everything being conferred within the paper originates from Pine Tree State. I
conjointly declare that I actually have not submitted this paper or any a part of it, for assessment
in any of my graduate work or different educational endeavors. I conjointly absolutely aware that
restoring to plagiarism would lead Pine Tree State to get a mark of ‘zero’ and expose United States
to additional disciplinary actions as prescribed by the University’s rules and rules.
Md. MozammelHoque
LL.M.
ID: 181-38-244
Department of Law
Daffodil International University
CERTIFICATE
This is to certify that the thesis on “Protecting Personal Information in the Era of Cyber
Crime” is done by Md. MozammelHoque in the partial fulfillment of the requirement for the
degree of LL.M. from Daffodil International University of Bangladesh. The thesis has been carried
out under my guidance and is a record of research which carried out successfully.
Acknowledgment
At first, I would like to thanks our merciful and the most passionate ALLAH for giving us the
opportunity to complete our dissertation. The purpose of this dissertation is to present my topic as
clearly as possible, as briefly as practicable.
This dissertation represents the details of the basic concepts like definition, classification,
characteristics, history, legal documents with some case references etc. On Protecting Personal
Information.
Unavoidably, there may occur some mistakes in this dissertation but we have tried with my
maximum effort to include correct and important data.
So, I request please avoid the mistakes and consider the only positive sides of this dissertation.
List of Abbreviation
CA Cyber Attack
CC Cyber Crime
EC European Community
IO Information Operations
IT Information Technology
UN United Nations
Table of Contents
Acknowledgement.........................................................................................................................ii
List of Abbreviations...................................................................................................................vi
Chapter-1........................................................................................................................................1
Introductory Chapter................................................................................................................... 1
1.1 Introduction...............................................................................................................1
1.2 Background................................................................................................................2
1.4 Significance................................................................................................................5
Chapter-2…………………………………………………………………………………………7
2.1 Introduction………………………………………………………....…....…………..7
Chapter-3……………………….……………………………………………………………….17
3.1 Introduction…………………………………………………………..….........….17
Chapter-4…………………………………………………………………………………..……21
4.1 Introduction………………………………………………………..………......…21
Chapter-5……………………………………………………………………………….....…….25
Conclusion……………….....................................................................................…...…………25
Bibliography ……………………………....……………………………………………………28
Chapter 1
INTRODUCTORY CHAPTER
1.1 Introduction:
The Internet has bring in instantaneous and inexpensive announcement from corner to corner the
earth and its remodel business by create it easier for public to work together from corner to corner
an untidiness of jurisdiction1. On the other hand the opening of the network has bring with it
consequential risk and danger and it's be converted into at risk to cyber-attacks2. Refined against
the law network are maltreatment Net to hand over new against the law behaviors in opposition to
easy to fool and susceptible pc users United Nations organization use the web to carry out their on
a daily basis behavior, like cause e-mail in receipt of products and conversation on communal
network site. The rapidity of the network conjointly to challenges the supremacy of lawmakers to
supervise it in point of fact. The insignificance of the network has conjointly expedite cyber
offence like deception this happen once a human being individual information in the vein of
bracket together in treatment individuality file is with authorization obtain and thenceforth wont
to hand over robbery or deception. Will be dedicated at the same time as not technological means
that via bodily or very old earnings that or by junk mail robbery or on-line3.
The individuality against the law uses the data inhume alia to unlock credit of the financial records,
unlock store financial records, buy goods and stand up amount outstanding amounting to a range
of rand surrounded by the wounded' name. Therefore, individual information is unacceptably
obtain by deception, and in addition the individuality thief use the identity-connected information
or awareness to commend illegal behavior surrounded by the wounded names. The cyber attack
disturbed activate in an exceptionally multi-jurisdictional ambiance, that made the next and
hearing of such offender difficult and problematical. Deception is supposed by a number of to be
1
Fawzia Cassim. BA (UDW) LLB (UN) LLM LLD (UNISA).
2
Nuth, 2008 CLSR 437-438; Rubin 1995( IJLFT) 118; Goodman and Brenner 2002 IJLIT 144, 160.
3
Information and Commission Technology Act, 2006
Page |2
a fresh enlargement. In spite of this, it's approved that the impression and use wrongly of identity
credentials have exist for to a certain extent it deliberate. As an instance this, the misuse of identity-
related info was according throughout the Nineteen Eighties 4. Identity thieves have used
alternative ways like choose shoplifting and thieving identity-connected information from
mailboxes to get and use wrongly nation's credit and classification credentials.5 The coming out of
knowledge and also the digital era is suspected to have power over made to order the target and
conduct of such offender. Without a doubt, the pace of scientific improvement and also the
exaggerated use of information skill have provide identity thief with original, supplementary with
good grace-obtainable source of confidential information. Fraud possibly will be a commit a
breach of safety measures that is significant to the network and e-exchange communication6. It
undermine e-commerce communication. A get higher surrounded by the use of most recent phone
call technology has so see a follow-on add to surrounded by the charge of deception as
vulnerabilities in pc network are open to the elements and out of order. Fraud disrupt the live of
thousands of persons each year.
As such, crime is also one in every of future massive problems governments can face within the
medium to short term. Given the borderless nature of crime, it's fascinating, of course, that they
determined to face it along which selections be crazy a solid data of all the challenges concerned.
As this paper can conceive to demonstrate, such challenges are broad and complicated and canopy
technical, territorial and moral aspects. Some overlap across these 3 aspects and a few interleave7.
1.2 Background:
The primary record cyber crime accepted surrounded by the year 1820! that's not appalling taking
into consideration the definite information that the abacus, that is unspecified to be the initial
assortment of a pc, has been in the region of since 3500 B.C. in India, Japan, and China. The time
4
http:www.itu.int ITU cyber security/ legislation/ html>
5
ibid 25
6
ibid 26
7
ibid 26
of current computer, on the other hand, begin with the logical steam engine of Charles Babbage.8
In 1820, Joseph-Marie Jacquard, a textile producer in France, produced the become visible. This
piece of equipment allowable the reduction of a sequence of ladder surrounded by the weave of
out of the ordinary equipment. This resulted in a exceptionally be concerned in the midst of
Jacquard's human resources that their very old employ and hold up were human being susceptible.
They dedicated acts of interfere with to dishearten Jacquard category any use of the new
equipment. This can be the most important record law-infringement. These days computer have
come back and comprehensive means, with neural network and nano-compute shows potential to
give you an idea about every one tiny part in a exceptionally goblet of hose down into a pc
competent of performing arts Billion operation per moment.
Cybercrime is a wickedness have its starting point contained by the on the increase confidence on
computer in up-to-the-minute life. in a very day-age once the whole thing from microwave ovens
and refrigerators to insignificant get-up-and-go scrub is life form run on computer, law-
contravention has suspect rather threatening implication. Main cyber crime contained by the fresh
what went before clinch the Citibank chisel. $10 million were deceptively transfer out of the bank
and into a examination relation in Swiss confederacy. A Russian hacker come together LED
Vladimir Kevin, a distinguished hacker, perpetrate the do violence to. The come together
compromise the bank safety measures system. Vladimir was purportedly exploitation his place of
work pc at AO Saturn, a pc firm in St. Petersburg, Russia, to break off into Citibank pc. He was at
last stationary at Heathrow on the wing sports ground on his credit to Switzerland Confederation.9
8
Lane and Sui 2010 GeoJournal 46
9
file:///E:/New%20Folder%20(2)/THISIS/Downloads/Documents/introduction.pdf, Last visited 30 June 2010].
attacks in opposition to cash armed forces establishment have be converted into supplementary
recurrent, supplementary experienced, and extra prevalent. Though small-level rejection-of-
examination attack adjacent to most important currency establishment produce the primary
headline, group of people and provincial bank, credit unions, money transmitters, and third-party
repair suppliers have experienced try breach in latest years.
Including the document that affirm that "the adoption by all countries of applicable legislation
against the misuse of data and Communication Technology (ICT), for criminal or alternative
functions, together with activities supposed to have an effect on the integrity of national crucial
data infrastructures, is central to achieving world cyber security".
The unlawful deed is also directed at a computer's set of connections or diplomacy e.g., CPU
curriculum, denial of service attacks (DOS), malware. The forbidden legal document is also assist
by a set of connections or policy with intention self-employed of the pc set of connections or
device". associate cyber-crime to the forces in an extraordinarily document representation his
unqualified attention contained by the country's armed well-being, Major General Umo outline
that crime, cyber rebel act, cyber conflict, cyber safety measures four-sided figure determine one
and as a result the similar issue. Reason being, theft or fake heading for at an important person or
a business is corresponding to hostility the hostilities on the objective of the offense. Exertion to
undertake network offense hold in your weapons proceedings connected to defensive network.
Some instances of cyber crimes includes causing spam e-mail burglary individual information
infringement into somebody's laptop to look at or alter information (hacking) and trick an
important person into informative their individual information (phishing), create network armed
forces out of stock for users (Denial of service –DOS), advanced free fraud 419 (aka Yahoo-
yahoo), MasterCard fraud (ATM), illegal use and software put together piracy, robbery cash
piecemeal in an exceedingly fallacious manner.
At the beginning, agree to us to acceptable draw round ‘cyber crime’ and make a distinction it
beginning ‘conventional offence’. CPU offense will engage illegal behavior that square measure
ancient in character, like felony, scheme, fake, slander, and monkey commerce, all of that
quadrangle measure topic to the legal code. The ill-treatment of computer has as well born to a
"© Daffodil International University"
Page |5
gamut of recent age crime that four-sided figure calculate address by the Information Technology
Act, 2006. determining cyber crime, as ‘acts that open place calculate carrying a punishment of by
the information Technology Act' would be out of place for the reason that the officially authorized
code in addition cover more than a few cyber crime, like electronic mail spoofing and cyber insult,
cause treat e-mail etc. A force even so hard-wearing classification of computer-generated offense
would be ‘illegal acts whereby the pc is what's more a gear or a objective or both'.
1.4 Significance:
Cyber and technology connected crime is on the rise and current trends indicate that it'll be a major
issue in People's Republic of Bangladesh. It’s by now be see that a glomming danger become able
to be seen contained by the arena of information knowledge. Following the documentation recently
the hack of RAB electronic computer associate degreed e-mail threats of the previous Prime
Minister Area unit associate degree case in point for a small amount of them. In distinction, crime
is popping into a danger to the administration itself. Due to be short of essential legislation to
undertake such class of offense, cyber criminal area component just about on the in safe hands
feature to commend such offense. Inside the in order and Information and Communication
Technology Act.2006, there are a unit more than a few clause in opposition to crime. But this
knowledge and Communication Technology act is not the concert one. on it affirms that By
enacting this act, there's an opportunity to become a secure facet once committing crimes. So,
considering these facts a comprehensive crime Protection Act ought to be obligatory. This report
incorporates the impacts of crime in People's Republic of Bangladesh particularly focuses on the
realm of non-public life, work furthermore as political views Bodies or thinkers. we tend to believe
the report would facilitate all relevant considerations and particularly policy manufacturers.
In this research, the following three questions will be tried to answer under legal framework-
1) What is right to privacy with a special emphasis on privacy in cyber crime?
2) Does constitutional protection of a right to privacy include privacy in cyber age?
3) Whether electronic surveillance is a violation of a right to privacy in cyber age?
1.6 Methodology:
Methodology and Data Sources Bearing in mind nature, analytical and empirical research method
has been resorted to complete this work. Primary and secondary sources of data have been taken
into consideration for the purpose. The references have been adopted from national and
international updated statutes, books of famous writers, articles published in credible journals,
decided cases, research reports, acts, newspapers and websites etc. In course of this research, some
renowned cyber jurists and computer engineers have been interrogated to know their views about
cyber crimes and cyber-related technical & legal issues.
Chapter 2
2.1 Introduction:
Cybercrime has been delineated by several because the "fastest growing white collar crime". It
price the U.S.A. financial system regarding $ twenty four.7 billion throughout 2012; the price to a
people financial system is report to be £ one.3 billion yearly; while it's price the South African
financial system regarding R1 billion in a year fraud crime gift advanced challenge for sufferers,
the enforcement officers (police) and lawmaker. The increase in of identity crime additionally
places of interest the necessity for sufficient laws mandate tighter safety measures by business and
organizations that accumulate and trade individual data.10
At the onset, allow us to satisfactory outline ‘cybercrime' and make a distinction it from
‘conservative offense. 166 pc offense will engage illegal behavior with the purpose of square
measure ancient in natural world, like breaking and entering, deception, fake, insult, and
10
file:///E:/New%20Folder%20(2)/THISIS/Downloads/Documents/introduction.pdf, Last visited 30 June 2010].
11
file:///E:/New%20Folder%20(2)/THISIS/Downloads/Documents/introduction.pdf, Last visited 30 June 2010].
12
file:///E:/New%20Folder%20(2)/THISIS/Downloads/Documents/introduction.pdf, Last visited 30 June 2010].
misbehavior, all of that square measure subject matter to The legal code. The ill-treatment of
computer has as well intuitive to a range of most recent age crime that four-sided figure determine
self-address by the data Technology Act, 2006. technique cyber crimes, as ‘acts that unit of
measurement punishable by the data Technology Act’ would be inappropriate as a result of the
code to boot cover many cyber crime, like electronic mail spoofing and cyber insult, exploit
treating e-mail etc. a impel however sturdy meaning of offense would be ‘unlawful acts whereby
the laptop is either a tools or a target or every.13
13
file:///E:/New%20Folder%20(2)/THISIS/Downloads/Documents/introduction.pdf, Last visited 30 June 2010].
14
See 18 USC s 1028(a)(7). Also, see Pierson 2007 CILW 22; FBI 2014 <http://goo.gl/TWBoep; Hoofnagle 2007
Harv J L & Tech 98-122; Lynch 2005 Berkeley Tech LJ 260>
15
See Perl 2003 J Crim L & Criminology 177-181 for a detailed discussion about these types of identity theft.
The crime obtains very important data like identity numbers (social security, medical care
numbers, addresses, birth and death certificates, passport numbers, monetary account numbers like
MasterCard numbers, passwords, phone numbers and biometric knowledge (like fingerprints).
This data is employed lay alia to open bank accounts, get credit and buy merchandise and services
within the victims' names. so the crime will rack up large debts within the victims' names. data like
the date of birth associated address will assist the wrongdoer to avoid verification processes like
the employment of biometric data as an identification tool.16
2.4 Different types of cybercrime: It is further subdivided into the following four categories:
This crime can be broadly defined as criminal activities using information and communication
technology including the followings, which can be committed against the above-mentioned
groups:
16
See FBI 2014 http://goo.gl/TWBoep; Savirimuthu 2008 JICLT 121 (where the writer argues that we require a
better understanding of the interactions between data, devices, and networks before we can introduce regulatory
tools to curb practices like identity theft);
computers and or the web. e.g. if somebody publishes calumniatory matter regarding
somebody on an internet site or sends e-mails containing calumniatory info.
5) Harassment & Cyber Stalking: Cyber Stalking means that following each move of a
private over the web. It are often finished the assistance of the many protocols out there
like email, chat rooms, user web teams etc.
17
Rohas Nagpal, Cyber Terrorism in the Context of Globalization, ibid, p.36.
18
Rohas Nagpal, Evolution of Cyber Crime, ibid, p.25.
victim leading to the victim’s electronic mail explanation (in container of Associate in
Nursing human being) or packages servers (in case of an organization or Associate in
Nursing piece of mail repair supplier) blinking. E-mail violence could be a kind of denial-
of-service attack. A denial-of-service attack is one during which a flood of knowledge
requests is distributed to a server, transportation the system to its knees and creating the
server tough to access.19 A British adolescent was cleared of launching a denial-of-service
attack against his former leader, in a very ruling underneath the united kingdom laptop
Misuse Act. The adolescent was suspect of causing five million e-mail messages to his ex-
employer that caused the company's e-mail server to crash. The choose control that the
united kingdom laptop Misuse Act doesn't specifically embrace a denial-of-service attack
as a criminal offense.
3) Salami attack: These attacks unit of measurement second-hand for commit monetary
crime. The key in here is to form the change as a result unimportant that for the duration
of a} very on its own glasses case it'd go completely safe and sound. For example, a bank
worker insert a plan, into the bank’s servers, that deduct a lay a hand on quantity of money
(say Rs. a combine of a month) from the financial credit of each customer.
4) Information diddling: One all told the foremost ordinary types of laptop CPU offense is
info diddling -unlawful or unofficial information modification. These change know how to
take place ahead of time all through information contribution or previous to production.
Information diddling cases have precious bank, payrolls, register proceedings,
acknowledgment proceedings, college transcript and practically all absolutely special types
of development well-known.
19
Rohas Nagpal, Cyber Terrorism in the Context of Globalization, ibid, p.27.
of offence isn't dire People's Republic of Bangladesh as a result of money transactions haven't
however been totally expedited in on-line20. As presently as money transactions are allowed on-
line pc crimes can increase at Associate in Nursing extraordinary speed except the administration
acquire the paraphernalia and communications to stop, sight and put on trial them.
However our administration at a standstill not conscious of the very information. Net armed forces
provide through of the native space system are liable to alike assault and intrusion by cybercriminal
a lot of typically once the protection level is insufficient. Currently every day in People's Republic
of Bangladesh a few folks propel hateful Email to totally dissimilar overseas political operation
and alternative V.I.P. that typically reason a significant downside for the law enforcement and
conjointly for the government21. A number of folks use the web for sending fake and hateful data.
A number of them use the web for girls and child smuggling. Porn is one more hazardous business
stick of cybercriminals. However In spite of this, the government of People's Republic of
Bangladesh isn't alert.22
20
Information and Commission Technology Act, 2006 s 69
21
ibid s 69
22
ibid s 69
Cyber terrorists are terribly knowledgeable. It’s unacceptable for the traditional law enforcement
to catch them.24 Cyber fighting could be a advanced facet of the fashionable war, however it's not
a brand new element. It has been known as by numerous name within the long-ago - intellect and
EW. a number of the cyber conflict concept are illogical, like conveyance a the social order to its
lap from beginning to end. Associate in Nursing out of the ordinary electronically disturbance to
bank system or interchange management network.
23
ibid s 70
24
New age (March14, 2008), [ http://www.newagebd.com/2008/mar/14/index. / last visited on 01
Jun 2010].
Revolutionary teams teach their employees for upcoming cyber conflict. Terrorist organization
conjointly use the web to focus of their consultation while not looking on undisguised mechanism
like broadcasting, TV, or the journalists. The energy of our nation isn't at a standstill residential.
They are not knowledgeable similar to yank national government department of analysis. That is
why it simple for the cybercriminals to commit a criminal offense in People's Republic of
Bangladesh. In our state, we tend to at a standstill don't have any cyber law conjointly. Currently
every day in People's Republic of Bangladesh heaps of individuals uses of Face book on the web.
The Face book could be a societal function that connect individuals. Students in a Venetian blind
follower of the face book. Students using of the Face book the best part day of the week extended.
Their footage, through this website friends. Downside is a few folks used face book rationale. They
place of duty banned belongings and promote them on the Face book. They request student to hitch
such a large amount of pretend clubs. Invitations students’ community to return and be part of
otherwise restricted cabaret of Dhaka town. Student community becomes influenced by this kind
of promotion. such a large amount of crimes have occurred already through face book the
university strictly restricted their students to open face book within the pc research laboratory
hampered the education of the scholars.25
Organized crime is primarily concerning pursuit and may be unstated in full general as a
continuance of big business by illegal revenue that. Criminal organization don't seem to be the sole
play rosin illicit markets, however they're typically the foremost vital not least owing to the
supplementary "competitiveness" that's provide by the danger of well thought-out aggression.
Moreover, illegal organization have a propensity to be extraordinarily well-dressed at ecological
scan surrounded by the look through approximately for new illegal enterprise and behavior. for
the duration of this conditions, the network and also the continual enlargement of electronic
business make available enormous new opportunity.
25
Media and cyber laws- Barrister Ahmed Ehsanul Kabir p 226
Many people and corporations have fall wounded to fraud. It cause trouncing to customers,
creditor, money establishments and also the economy as an entire. It’s been reportable by the
agency Comp scan that fraud prices the South African financial system concerning R1of the billion
in a year. On the other hand no billion concerning bill in our country. In step with the North
American country Federal Trade Commission, fraud could be a major subject of client
complaints.26 Fraud value the yank economy concerning $24.7 billion US dollar throughout 2012,
while it prices the British financial system concerning £1.3 billion each year. That time associate
in Nursing cash spent responding to an fraud incident are intensive. Money establishments die the
victims to clients with the answer that customers find yourself payable superior significance
charge. Fraud has to be the possible to break off downward ancient spatial barrier for offense and
it involving several jurisdiction. The rise in fraud offenses subsequent cyclone Katrina within the
U. S. make obvious that's the situation of a significant disaster and change in human being situation
will in a straight line have an effect on offense pattern. Wounded suffer by losses embrace hurting
and pain, emotional harm, money sufferers, pestering from money owing collector of the creditors,
the negative response of application for loan and finance bond from money establishments, harm
to reputation and potential take into custody for the personality criminal alternative offence.
Wounded have a medical condition hurt of their reputation as a results of against the law behavior
dedicated in their name. They do not usually find out the offense till when a while has accepted,
and it should receive the sufferers an extended moment in time to apparent their names and praise
the past. They're sometimes unsure on however their personal information was purloined or UN
agency scarf their individual data. The deception sometimes goes unobserved because the
wounded seldom information the offense to the enforcement agencies27.
26
Media and cyber laws- Barrister Ahmed Ehsanul Kabir p 228
27
ibid 230
ought to be tepidly enlightened concerning such assault on company28 IT system so as to help their
considerate of and training in opposition to against the law behavior on the web. The issue relating
to correct types of on-line classification has conjointly combined the confirmation of users in
excess of the web. Subtle recognition gear like of biometric data are thought-about to be pricey
and don't seem to be wide used. The supply of tools to commit crime has conjointly created fraud
simple and profitable for offenders.29
2.10 Summation:
Cybercrime has be converted into a significant and on the increase downside universal, and it
happens by typical earnings that and in computer network. It value the North American country
financial system concerning $24.7 billion throughout 2012; the price to the British financial system
is reportable to be £1.3 billion once a year while its value the South African cost-cutting measure
concerning R1 billion a year. The employment of latest technology has subjected in exaggerated
opportunity for victims to appropriate and illicitly use individual data to hand over Cybercrimes.
It’s submitted that fraud is progressively difficult enforcement agencies and governments round
the world. So it's most important to know the protecting personal identify.
28
ibid 232
29
ibid 233
Chapter 3
PERSONAL DATA PROTECTION
3.1 Introduction:
Personal information is important thing for every person in your daily life. Every person want to
protect your information from cyber attack. They won't to stolen of your data by someone. Every
moment they are thinking how to protect data by theft. And they are always doing tension about
this. In this chapter I briefly described how to protect personal information from cyber attack.
According to section 2 (Sub-section 10) of ICT Act, 2006 says that, "data" means that a design of
information, acquaintance, specifics, thoughts or instructions that are being ready or are ready in
an exceptionally formalized comportment, and is intended to be process, is being process, or has
been process in an exceptionally CPU organization or electronic set of connections, and will be in
any category as well as pc printouts, compelling or visual luggage compartment medium, knock
cards, punch tapes or hold on the inside within the remembrance of the computer;30
If somebody, without permission of the owner or somebody, hack is an make an effort to take
improvement of a ADPS or a individual set of connections contained by a pc. Simply set, it's the
unconstitutional right to use to or administration over set of connections safety measures system
for a few against the law function. In everyday a lots of hacker are trying to hacking data by
30
ICT Act, 2006
computer. In 2017 foreigners hacker are hacking Bangladesh bank and take a lots of money from
our country.
a) through the intention to reason or meaningful that he's likely to reason illegal defeat or
damage to the municipal or an important person, will some act and in that way destroy,
delete or alter any in sequence reside in a very CPU reserve or diminish its value or
usefulness or affect it injuriously by any means;
b) damage from side to side unclean right of entry to any such CPU, electronic set of
connections or the supplementary electronic organization with the intention of don't be in
the right place to him; then such commotion shall be treat as hack offence.
(2) Whoever commit hack offence under sub-section (1) of this sector he shall be carrying a
punishment of with incarceration for a term which can reach 10 years, or with fine which can make
bigger to Bangladeshi monetary unit one large integer, or with each.
31
The Information and Communication Technology Act, 2006, s 68(2).
32
Ibid, s 68(3).
tribunal may sit and continue its procedure on a place at a certain time and government will dictate
all this by its order.33
33
Ibid, s 68(4).
34
Ibid, s 82(2).
35
Ibid, s 82(3).
36
Ibid, s 82(4).
37
Ibid, s 83(1).
38
Ibid, s 83(2).
39
Zulfiquar Ahmed, ibid, pp.150-52.
Chapter 4
CYBER LAW AND ICT ACT
4.1 Introduction:
The Information and Communication Technology Act (ICT), 2006 was the first cyber law of
Bangladesh. The parliament has approved the Information and Commission Technology Act, 2006
on February and it was enacted on 8th October 2006. .
Cyber laws are intended to line the exact outline, some system and pointers that outlined sure
commerce behavior inquiring web legal and sure contraband and therefore liable to be punished.
The Information and Commission Technology Act 2006, the cyber law of Asian Nations, provides
"© Daffodil International University"
P a g e | 22
the legal framework so data isn't deprived of lawful collision, soundness or enforceability,
completely on the bottom that it's within the assortment of electronic evidence.40 One cannot look
upon administration as total breakdown defensive a variety of e-commerce behavior on the firm
foundation of that this deal possesses to its sky, on the other hand the law cannot be careful free
ambiguity. The knowledge and Communication Technology Act (ICT), 2006 conjointly aim to
provide for the officially permitted structure so legal excellence is accorded to all or any electronic
proceedings and substitute behavior chosen by electronic suggest that. The Act state that if not or
else joint, connect amount receipt of agreement could also be spoken by electronic suggest that of
communiqué and consequently the identical have officially authorized soundness and
enforceability. Some places of interest of the Act has been particular below:
Chapter I of the ICT Act 2006 specifically defines some term that is employed within the ICT
sector and cyber legislation for clearing the construct. This chapter conjointly stipulates the
jurisdiction and advantage of the Act. Extra-regional impact of the Act has been mentioned within
the chapter.
Chapter II of the ICT Act details regarding Electronic Governance and provides entomb alia
amongst others that wherever any law provides that data or the other matter shall be in writing or
within the typed or written kind, then, however something contained in such law, such needs shall
be deemed to possess been glad if such data or matter is rendered or created offered in associate
degree electronic form; and accessible therefore on be usable for a subsequent reference.
Chapter III of the ICT Act, 2006 detail for submission to the acknowledgment, and transmit of
electronic proceedings of among those parties.
Chapter V of the aforesaid Act provides a theme for instruction of certify the system. The Act
envisage a manager of certify the system. Who shall execute the function of exercises course in
excess of the behavior of the certify establishment as conjointly bountiful confinement down
principles and circumstances leading the certify establishment as conjointly specify the diverse
form and happy of Digital autograph certificate. The Act acknowledge the requirement for
40
Zulfiqar Ahmed, ibid, p.53
overseas certify establishment and it more particulars the varied supplies for the difficulty of a
certify to issue Digital Signature Certificates.
Chapter VI of this Act details regarding applying the safety procedure, acceptance of Digital
Signature Certificate, getting Digital Signature Certificate and management of personal Key. The
duties of subscribers are enriched during this aforesaid Act.
Chapter VII and VIII of the ICT Act, 2006 discussion regarding penalty judgment, inquiry,
decision, and penalization for varied crime. The penalties for harm to the pc, laptop systems etc.
has been fastened as damages by means of compensation not prodigious Tk. 1,00,00,000 to
affected persons. The Act talks of appointment of associate degree officer not below the rank of a
Director to the government of Asian country or identical officer of authorities as an Adjudicating
Officer WHO shall adjudicate whether or not a person has created a violation of any of the supply
of the aforesaid Act or rules framed under it. The aforesaid Adjudicating Officer has been given
the ability of a civil court.
Chapter VIII of the Act conjointly talks of the institution of the Cyber laws appellant court, that
shall be associate degree appellant body wherever appeals against the judgment gone by the
adjudicate Officer, shall be most well-liked.
Chapter IX of the ICT Act particulars regarding law enforcement servant, protection of exploit
taken in straightness. The aforesaid Act conjointly propose to amend the Penal code, 1860, the
proof Act, 1872, the Bankers’ Books proof Act, 1891 to create them in tune with the supply of the
ICT ACT.41
In order to facilitate e-commerce and encourage the expansion of data technology, the ICT Act,
2006 was enacted creating provisions with a most penalization of ten years imprisonment or fine
41
Zulfiqar Ahmed, ibid, p.53
up to Bangladeshi monetary unit ten million or with each. However, recently our Parliament
amended the ICT Act 2006, raising penalties for cyber crimes setting a minimum of seven years
imprisonment and a most of fourteen years or a fine of Tk. one core or each. The bill created
offenses below sections fifty four, 56, fifty seven and sixty one of the ICT Act, 2006 cognizable
and non-bail in a position, empowering law enforcers to arrest anyone defendant of violating the
law while not a warrant, by invoking section fifty four of the Code of Criminal Procedure. All such
offenses were non-cognizable within the ICT Act, 2006. However, all involved apprehend of the
misuse of the ability by the police. The ICT Act, 2006 as amended in 2013 is clearly a superb
accomplishment of Asian country within the field of cyber law.42
However the ICT Act, 2006 when any person are committed crime about cyber area that person
must be punished under the ICT Act section 56 & 57. If those person are not committed crime in
a cyber area but there are arrested by law enforcement agency they should right to appeal in a
cyber tribunal within the section of 68 of the ICT Act.
42
Zulfiqar Ahmed, ibid, p.53
Chapter 5
CONCLUSION
5.1 Concluding remark:
The above circumstances it's proved that the calculable range of users within the years of century
over a billion. Mostly cyber attack are increasing day by day in our country. Peoples are
disappointing about those hackers. They want to protect their personal identity form the cyber
criminals but they did not protect by individually. A country-wide ICT infrastructure can have to
be compelled to be developed to confirm access to data by each national to facilitate authorization
of individuals and enhance democratic values and norms for property economic development by
victimization the infrastructure for human resources development, governance, e-commerce,
banking, service services and every one types of on-line ICT-enabled Services. Enactment of
Cyber law is extremely necessary. While not cyber law, it's insufferable for our government to
regulate crime. Our parliament has passed such a big amount of laws. Is time to law which is cyber
law? If our government passes cyber law straightaway then i feel the name of our country are
redoubled ahead of the planet community. We tend to the individuals of our country as we tend to
love our self. Asian nation is our homeland and that we our country can have our homeland from
programmer. We’d like to prepare the seminar. We’d like to protest against the ill-gotten call of
the govt.. We’ll have to be compelled to create our self-perfect. In the end, I government to enact
country as fast as they will.43
As we tend to move forward into the twenty first century, technological innovations have made-
up the manner for USA to expertise new and wondrous conveniences within the however we tend
to area unit educated, the manner we tend to look, however we tend tore amused and therefore the
manner within which we do business. The capability of human minds is immeasurable. It’s
insufferable to eliminate crime kind the Internet. It’s quite potential to envision them. History is
that the witness that no legislation has succeeded in altogether eliminating crime from the world.
The sole potential step is to form individuals tuned in to their rights and duties and more creating
the applying of the laws additional tight to envision crime. Beyond question the ICT Act may be
a historical step within the cyber world. Further, it can't be denied that there's a necessity to bring
43
N. V.Paranjape, Criminology and Penology, 13 th ed. (Allahabad: Central Law Publications,2008-
09), p.141.
changes within the data Technology Act to form it simpler to combat crime law don't seem to be
created thus tight that it should retard the expansion of the business and influence be counter-
productive. The legal code, 1860 was found meagerly to cater to the requirements of latest crimes
rising from web enlargement. Even a number of the standard crimes like conspiracy, solicitation,
securities, fraud, spying etc. area unit currently being committed through the net that necessitates
a replacement law to curb them. It absolutely was within the background that the ICT Act, 2006
was enacted in Asian nation for the hindrance and management of cyber crimes. Before the
enactment of this Act, the law applicable to cyber offenses was the legal code, 1860 that was
enacted long back in 1860 once nobody even thought of engineering or cyber criminal. With the
approaching into force of ICT Act, 2006, it becomes necessary to introduce bound of import
modification in bound provisions of the legal code, 1860 as conjointly within the proof Act, and
1872, so as to satisfy the new needs of the Internet crimes.
However, the conception of crime is concerning the age of data superhighway of the present time.
Today crimes area unit spreading at a menacing rate within the field of an internet communication
system by intellectual criminals. Through the event of technology, crimes are developing in several
ways in which and suggests that. Thus laws ought to be developed in such some way that crimes
within the field of the technological arena will be controlled in AN iron hand. However no such
effective legal provisions exist reception and abroad. Though' there are a unit some laws and
convention, they can't be enforced thanks to some technical difficulties like procedural
complexities and lack of correct execution system. Taking these blessings, the criminal’s area unit
occurring flagitious crimes like Hacking, causation malicious emails, spreading vulgar footage,
cyber act of terrorism ill-gotten victimization of intellectual properties. It causes hurt to the privacy
of people moreover as creates a threat to international peace and commonness. Currently it's the
demand of your time to stop such style of crimes for keeping individual privacy moreover as
international peace and security. Each country of the planet will enact effective legal provisions
inside the orbit of their national boundary to safeguard cyber crimes. International organization
may take necessary steps to stop cyber crimes from the Internet.
However, the conception of crime is concerning the age of data superhighway of the present time.
Today crimes area unit spreading at a menacing rate within the field of an internet communication
system by intellectual criminals. Through the event of technology, crimes are developing in several
ways in which and suggests that. Thus laws ought to be developed in such some way that crimes
"© Daffodil International University"
P a g e | 27
within the field of the technological arena will be controlled in an iron hand. However no such
effective legal provisions exist reception and abroad. Though' there are a unit some law44
5.2 Recommendations:
The above my consideration I think it was proved that the cyber crime is a big problem in our
country. Peoples are considering day by day about their personal identity how to protect from
cyber criminals. If the government is enact more law about cyber crime in Bangladesh that's way
to prevent cyber criminals. Otherwise it is not possible to prevent cyber criminals in our country.
Basically people are not aware about cyber crime or cyber attack. If people are got more knowledge
about it then it's acquire to prevent offence. In Bangladesh there are only one Act established in
2006 which was Information and Commission Technology. This Act don't prevent cyber criminals
and that's Act not possible to prevent cyber criminals. The government of Bangladesh is
established more cyber law in our country then some cyber criminals are afraid to commit the
crime. The cyber force is additionally required so as to observe cybercriminals. Currently a day's
ton of is on the market in Asian nation World Health Organization tons regarding the web and
cyber world. Associate degree not possible factor to enact country. Simply temperament of the
government is enough to try and do this factor.
44
N. V.Paranjape, Criminology and Penology, 13 th ed. (Allahabad: Central Law Publications,2008-
09), p.141.
Bibliography
List of books:
1) P. Narayanan, Intellectual Property Law, 3rd ed. (India: Eastern Law Publishing Co. Pvt.
Ltd, 2007).
2) Rodney D Ryder, Guide to Cyber Laws, 2nd ed. (Nagpur : Wadhwa & Company, 2005),
3) Yatindra Singh, Cyber Laws, 3rd ed.(New Delhi: Universal Law Publishing Co. Pvt.
2007).
4) Constitution of Bangladesh
List of Statutes:
Journal Articles:
1) Mr. Pavan Duggal, ‘Causes of Cyber’, International Journal of Computer Science and
Information Security,Vol. 3, No. 1(October. 2009).
2) Md. Shah Alam, ‘A New Challenge For Law Enforcers’, American Journal of Public
Health, 94(6 951-957(April. 2004).
3) Ripon Kumar Biswas, ‘Cyber crimes need more attention’, Tuesday, September 09, 2008.
List of Newspapers:
List of Web-Sites:
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newindex. php? archive _ date=2008-01-10 ].
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6) TheBangladeshObserver(6September2008),[http://www.bangladeshobserver.com/].
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9) Newage(March14,2008),[http://www.newagebd.com/2008/mar/14/index.html]
10) http://nation.ittefaq.com/issues/2008/11/25/news0088.htm].
11) [http://www.facebook.Com. Face book is a Social utility that’s connects the people].
12) TheProthamAlo.net.bd(24August2004),[http://www.prothomalo.net/V1/newhtmlnews1
/home.php?Date=2004-08-24].
13) [http://www.cnewsvoice.com/DNews.php?NewsID=N000000770 last visited on 15 July
2010].
14) TheTimesofIndia(12December2008),[http://publications.mcgill.ca/reporter/2008/12/p
age/2/].
15) TheAnandobazarprotika(01January2008),[http://www.anandabazar.com/archive/10801
01/index.htm].
16) [http://bangladeshwatchdog.blogspot.com/2008/09/cyber-crimes-need-more-
attention.html]
17) [http://issues.takingitglobal.org/onlinesafety?gclid=COvRwvaAwpcCFQRPtAodeWffSQ
].
18) [http://www.cybercrimelaw.net/Cybercrimelaw.html].
"© Daffodil International University"