Cyber Crimes IN Bangladesh PDF

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CYBER CRIMES IN BANGLADESH Chapter 1 INTRODUCTION 1.1 Introduction New communication system and digital technology have made dramatic changes in the way we live. In the last decade the Internet has achieved considerable expansion. In today’s world, international borders don’t bind this kind of crime, which exploits the technological situation of the global market. In Bangladesh the rate of internet user is increasing rapidly. Cyber crimes are gradually increasing in the country but Bangladesh has no mechanism yet to combat this thing. Cyber crime encompasses any criminal act dealing with computers and networks. It also includes traditional crimes conducted through the Internet. A growing number of states have introduced or are in the process of introducing new legislation on cyber crime offenses but in Bangladesh we still do not found any positive attempt of the government to enacting cyber law in our country. Though Bangladesh is a poor country but now a day because of mobile phone internet service Internet is now becoming available to almost all the districts of our country. People started to know what is internet and what cyber world is. At present we have so many cyber cafes in our country. The young generations are badly addicted to internet and computer. They love to spend lots of time on computer. This is very crucial period for our country. The Financial express on 10 January 2008 publish one report stating that with an inactive cyber law and a severe lack of the expertise necessary to detect cyber crime Bangladesh has become a safe haven for anyone commitng a computer crime.[4] The internet has become a very important part of our lives. Bangladesh has a growing information technology sector. With the rise of modern technology Bangladesh like every other nation trying to go on with the increasing speed, that is why there is a need for specific laws to control cyber crimes. Also there is an urgent need to develop a cyber crime legislation that will protect cyber security in Bangladesh. The concept of cyber law is very much new in Bangladesh. No Bangladeshi writer yet writes any book on cyber law. In Bangladeshi market there are very few numbers of books available on cyber law Chapter 2 INTERNET AND CYBER CRIM 2.1 Introducing Internet The Internet is an interactive medium based on a decentralized network of computers. One portion of the Internet is known as the World Wide Web.[6] (by technical means of non-public transmissions of computer data to, from or within a computer system), data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data), systems interference (interfering with the functioning of a computer system by inputng, transmitng, damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices, forgery (thef), and electronic fraud.This includes anything from downloading illegal music files to stealing millions of dollars from online bank accounts. Cyber crime also includes non-monetary offenses, such as creating and distributing viruses on other computers or posting confidential business information on the Internet.[8] 2. Cyber crimes against property. 3. Cyber crimes against government. Cyber crimes committed against persons include various crimes like transmission of Child-pornography, harassment of any one with the use of a computer such as e-mail. The second category of Cyber-crimes is crimes against all forms of property. These crimes include computer vandalism (destruction of others’ property), transmission of harmful program. The third category of Cyber-crimes relate to Cyber crimes against Government. Cyber terrorism is one distinct kind of crime in this category. Chapter 3 CYBER CRIME IN BANGLADESH 3.1 Present situation of Bangladesh Development of Science and ICT depends on the expansion of telecommunication sector. This sector is still under developed due to lack of deregulation and open competition. The impact of cyber crime is not alarming Bangladesh because financial transactions have not yet been fully facilitated in online.[10] But our government still not aware of the fact . Internet services provided through the local area network are vulnerable to similar attacks and intrusions by hackers more ofen when the security level is inadequate.Now a day in Bangladesh some people send malicious mail to different foreign diplomatic Mission and other VIPs which sometimes cause serious problem for the police and also for the government. [12] Unlike conventional communities though, there are no police men patrolling the information superhighway, leaving it open to everything from Trojan horses and viruses to cyber stalking, trademark counterfeiting and cyber terrorism. Few months earlier one group of people hack the web site of Rapid – action – battalion in Bangladesh. When this incident was published in the media all most all the institution of the government became scared. [14] Although the 2006 Information and Communications Technology (ICT) Act covers many of the legal aspects to prosecute cyber crime, but it has not been effectively implemented since its ratification. According to the expert opinion the main reason for the law’s Ineffectiveness, is the lack of legal support and social and public awareness about Computer crimes. Cyber crime analysts point out that although pornography is not considered illegal across the world, but in Bangladesh it is one of the predominant computer crimes. There is already evidence of the existence of illegally hosted pornographic websites with local content. In Bangladesh, Nowadays youths are increasingly using cyber cafes as their dating places. According to newspaper reports, various types of antisocial activities take place in these cafes in the name of net browsing.[16] But no one care it because in our country we still do not have any effective cyber tribunal to deal with this problem. That is why it is very easy for the cyber criminals in Bangladesh to get rid of punishment. 3.3 Use of Internet in bad Intention There are two sides of a coin. Similarly internet also has advantages and disadvantages. Internet can be used as a mass destructive weapon. By using internet terrorist can destroy one country. Few weeks ago Bangladesh government imposed restriction on opening you- tube video site because it contains an audio recording of a March 1 encounter between angry army officers and the prime minister. The recording was made on March 1 during an emotional meeting at the Dhaka cantonment. Hundreds of officers were present, distraught afer paramilitary soldiers brutally killed more than 50 members of the army, including many of the leaders of the Bangladesh Rifles border force. Bangladesh government says in front of media that you-tube has been blocked in the interest of national security. [18] The limited number of cyber crimes apprehended is confined to email threats. According to a government study conducted by the Bangladesh Computer Council, only 0.3 per

cent of the total population own computers and 0.7 per cent have access to the internet.[20]It has been called by various names in the past – intelligence and electronic warfare. Some of the cyber warfare notions are absurd, such as bringing a society to its knees through an exotic electronic disruption to banking systems or air traffic control networks. Extremist groups train their workers for the future cyber warfare. Extremist organizations also use the Internet to target their audiences without depending on overt mechanisms such as radio, TV, or the press. The police force of our country is not still developed. They are not expert like American federal bureau of investigation. That’s why it is very easy for the cyber criminals to commit crime in Bangladesh . In our country we still do not have any cyber law also. Now a day in Bangladesh lot of people use Face book on internet. Face book is a social utility that connects people. [22]Almost all the university strictly restricted their students to open face book in the computer lab during the class time because this site seriously hampered the education of the students. 3.6 Bangladesh under a serious cyber threat Few years back in 2004 one boy named Partho was accused for sending a threatening email to former prime minister of Bangladesh Sheikh Hasina.[24] 3.7 Bangladesh computer society website hacked by libyan hacker

The hacking took place afer a few days of a 3 day-long “Regional Seminar on Cyber Crime in Dhaka” from 5-8 November. [26]This statute contains several provisions regarding damage to computer and computer system. Cybercrime dictates that prohibits attacks or unauthorized access to computers and computer systems. According to Section 66 of the ICT Act provides Punishment for tampering with computer source

documents. Section 66 says whoever intentionally destroys or alters or intentionally or knowingly causes any other person to conceal, destroy or alter any computer source code used for a computer, computer program, computer system or computer network, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to Taka two lakhs, or with both.[28] 5.2 Within Country Strategy The United States, to protect the interests of internet businesses, the U.S. Congress has created new laws to regulate activities on the internet. With the first digital signature law in the world, the U.S. has established a number of regulations on cybercrime, such as the “National Infrastructure Protection Act of 1996”, the “Cyberspace Electronic Security Act of 1999” and the “Patriot Act of 2001”. In addition a number of agencies have set up in the U.S. to fight against cybercrime, including the FBI, National Infrastructure Protection Center, National White Collar Center, Computer Hacking and Intellectual Property Unit of the Doj, and so on. The FBI has set up special technical units and developed Carnivore.[30] Canada in 2001, the Canadian parliament passed the Criminal Law Amendment Act that has tow sections. The first section defines unlawful entry into a computer system and interception of transmissions. The second section criminalizes the actual destruction, alteration, or interruption of data. [32] 5.5 Cyber law in People’s Republic of China In China many cybercrime issues are covered in laws and regulations that refers to Internet related crimes. The two most important organizations responsible for internal and external security are the Public Security Bureau (PSB), responsible for the internal security, and the Ministry State Security (MSS), which handles external security. The responsibilities of the Public Security Bureau (PSB) are formally codified in: “Computer Information Network and Internet Security, Protection and Management Regulations”, approved by the State Council, December 11, 1997, and published December 30, 1997.

Article 285 says whoever violates state regulations and intrudes into computer systems within formation concerning state affairs, construction of defense facilities, and sophisticated science and technology is be sentenced to not more than three years of fixed-term imprisonment or criminal detention. Article 286 says whoever violates states regulations and deletes alters, ads, and interference in computer information systems, causing abnormal operations of the systems and grave consequences, is to be sentenced to not more than five years of fixed-term imprisonment or criminal detention; when the consequences are particularly serious, the sentence is to be not less than five years of fixed-term imprisonment. Whoever violates state regulations and deletes, alters, or adds the data or application programs installed in or processed and transmitted by the computer systems, and causes grave consequences, is to be punished according to the preceding paragraph. Whoever deliberately creates and propagates computer virus and other programs which sabotage the normal operation of the computer system and cause grave consequences is to be punished according to the first paragraph. Article 287 says whoever uses a computer for financial fraud, thef, corruption, misappropriation of public funds, stealing state secrets, or other crimes is to be convicted and punished according to relevant regulations of this law.[34] Among many issues he emphasized the need to tackle terrorism and cyber-security. Chapter 6 CONCLUSION 6.1 Recommendations The Aim of my research is to suggest the government to enact cyber law in our country to prevent cyber criminals from commitng cyber crime in Bangladesh. Our suggestion to Government is please establish one digital forensic laboratory in our country for investigation and detection of cyber crime. At present all most all the leading private banks of our country already started online banking. This online banking is based on Internet and computer. So it is the duty of the government to provide security to all the banks. In 2008 some terrorist attack Mumbai. More than two hundred people died in that attack. From newspaper it has been found that terrorist use so many fake email address and also they use some fake web site in order to contact with their leaders. Through close circuit camera it has been seen that few terrorist bearing their personal Laptop with them.But because of lack of expertise necessary to detect cyber crime Mumbai police failed to prevent it. They are totally ignore of it that’s why it is become very easy for the terrorist to attack their target . Bangladesh is also face same type of attack few years ago .

During the year 2004 to 2006 J MB killed so many people in Bangladesh. They also used latest technology. Now a days terrorist use advance technology in order to commit crime which sometimes become impossible for the police to detect it unless and until they have advance technology in their hand . That’s why I suggest our government to establish one digital forensic laboratory in our country for Investigation and detection of cyber crime. Also there is an urgent need to develop a cyber crime legislation that will protect cyber security in Bangladesh. Cyber police force is also needed in order to detect cyber criminals. Now a days lot of internet expert is available in Bangladesh who have got lot of idea about internet and cyber world . So it is not a impossible thing to enact cyber law in our country . Just willingness of the government is enough to do this thing. Bangladesh has been carrying out anticyber crime activities from last year providing training for a group of professionals and developing sofware. There is also a need to have more projects on cyber crime legislation and enforcement capacity building and training courses through out the country. 6.2 Concluding remark The estimated number of internet users in the early years of the twenty-first century is over a billion. In this global village, consumers, companies, and governments from around the world must further develop ways to protect the sensitive personal and business information and detect those, whether here or abroad, that conspire to exploit technology for criminal gain. Most of the developing countries like Bangladesh have limitations in access to information and the available access is not affordable because of the inadequacy of the existing infrastructure as well as the non-availability of appropriate education. The challenges are posed by the lack of an integrated computer security system and education about computer security. Therefore, there is a need for co-operation; collaboration and investment for security, which also develop the culture of security needs for assuring the security issue. The BTRC has to play a strong role in curbing cyber crimes as people of the country are in favor of bringing cyber criminals to book before they commit crimes like serial bombing, smuggling out national resources and extortion. Bangladesh Government should established one strong cyber police force squad. It is the duty of the government to provide security to all the citizens. A country-wide ICT infrastructure will need to be developed to ensure access to information by every citizen to facilitate empowerment of people and enhance democratic values and norms for sustainable economic development by using the infrastructure for human resources development, governance, e-commerce, banking, public utility services and all sorts of on-line ICT-enabled Services. Enactment of Cyber law is very necessary. Without cyber law it is not possible for our government to control cyber crime. Our parliament has passed so many laws. Now it is time to enact another law and that is cyber law . Bangladesh is our motherland and we the young generation of our country will have to save our motherland from cyber terrorist . We need to organize seminar. We need to protest against the illegal decision of the government. We will have to make our self perfect. REFERENCES 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).

List of Statutes 1. The Information Technology Act 2006. 2. The Penal Code of Bangladesh 1860. 3. The Draft Competition Act, 2008. Journals 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 951957(April. 2004). 3. Ripon Kumar Biswas, ‘Cyber crimes need more attention’, Tuesday, September 09, 2008....