Cyber crime and Bangladesh

Assignment On Cyber Crime And Bangladesh

Date of Submission: 29th July, 2010

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Index

Introduction …………………………………………………………….. 05 Definition of Cyber Crime……………………………………………… 05 History of cyber crime……….................................................................. 06 Reasons of cyber crime……….………………………………………… 06 Discussion on reasons…………………….…………………………….. 07 Classification of cyber crime……………………………..………...…... 08 Different 9 classes of Cyber Crime under the Australian Institute of Criminology................................................... 10 Cyber crime: Bangladesh prospective……………………….………….. 12 Cyber crime in Bangladesh under ICT Act, 2006:………………….….... 12

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Cyber crime committed in Bangladesh..………………………………… 13 Impacts of cyber crime in Bangladesh …………………………….…… 14 Steps Against Cyber Crime ……………………………………………… 15 Cyber Justice Forum in Bangladesh ………………….……………...….. 15 Punishment……………………………………………………..………... 17 Conclusion………………………………………………………………. 17

CYBER CRIME IS 4

WHITE COLLOR CRIME Introduction: It is a reality of the 21st Century that we are living in a cyber world. It comprises the most hi tech benefit sand difficulties of our day to day lives. Cyber reality incorporates many of our real life activities including but not limited to online banking, online commerce and retail, virtual learning, domestic and foreign trading through digital technologies , internet networks, critical industrial infrastructures. Some of the most common and most dangerous of these are: electronic fraud especially in the financial sector, identity theft, illicit use of valuable information, hacking or cracking, cyber-stalking, distribution of pirated software, terrorism, interference with sophisticated high level national security measures, immoral activities, defamation and harassment which affect individuals at large. Such kind of cyber crimes may be committed in following modes and manners as stated by Parthasarathi Pati in his article CYBER CRIME telecommunications, air traffic control, global positioning systems (GPS), global distribution systems (GDS) and hi tech medical equipment. Using cyber space Bangladesh can facilitate its resources to extend business worldwide and actively participate in multi billion dollar software trading and other prospective sectors.

Definition of Cyber Crime:

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Computer crime, or cyber crime, refers to any crime that involves a computer and a network, where the computers may or may not have played an instrumental part in the commission of a crime. Net crime refers, more precisely, to criminal exploitation of the Internet. Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise. Computer crime or cyber crime is a form of crime where the Internet or computers are used as a medium to commit crime. Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, child pornography, and child grooming… Criminal acts those are performed with the aid of a computer. Crimes that fit this category are identity theft, mischievous hacking, theft, and more. Cyber crime is defined as crimes committed on the internet using the computer as either a tool or a targeted victim. It is very difficult to classify crimes in general into distinct groups as many crimes evolve on a daily basis. Even in the real world, crimes like rape, murder or theft need not necessarily be separate. However, all cyber crimes involve both the computer and the person behind it as victims, it just depends on which of the two is the main target. The cyber crime can be committed in pursuance of the dependence under two heads. They are as follows: • Computer as a tool When the individual is the main target of Cyber crime, the computer can be considered as the tool rather than the target. These crimes generally involve less technical expertise. Human weaknesses are generally exploited. The damage dealt is largely psychological and intangible, making legal action against the variants more difficult. These are the crimes which have existed for centuries in the offline. Scams, theft, and the likes have existed even before the development in high-tech equipment. The same criminal has simply been given a tool which increases his potential pool of victims and makes him all the harder to trace and apprehend. • Computer as a target These crimes are committed by a selected group of criminals. Unlike crimes using he computer as a tool, these crimes requires the technical knowledge of the perpetrators. These crimes are relatively new, having been in existence for only as long as 6

computers have - which explains how unprepared society and the world in general is towards combating these crimes. There are numerous crimes of this nature committed daily on the internet. But it is worth knowing that Africans and indeed Nigerians are yet to develop their technical knowledge to accommodate and perpetrate this kind of crime

History of cyber crime: The first recorded cyber crime took place in the year 1820! That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage. In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime!

Reasons of cyber crime: There are a number of reasons for the wide spread of cyber crime all over the world. Some of the notable reasons are – 1. expertise of offenders in technology 2. difficulties for the commission of the crimes 3. increasing dependence on computer and information technologies 4. minimum risk 5. complexity in taking legal action against offender 6. chance of huge monetary gain 7. carelessness and unskilled behavior of user of computer and internet 8. problems in identification and offenders 9. unwillingness of victims of cyber crime to take legal measures 10. taking resort of new and sophisticated means for the commission of crime which exceeds the capability of law enforcement authorities in excel 11. Revenge 12. Negligence

Discussion on reasons: 7

1. Capacity to store data in comparatively small spaceThe computer has unique characteristic of storing data in a very small space. This affords to remove or derive information either through physical or virtual medium makes it much more easier. 2. Easy to accessThe problem encountered in guarding a computer system from unauthorized access is that there is every possibility of breach not due to human error but due to the complex technology. By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized to get past many a security system. 3. ComplexThe computers work on operating systems and these operating systems in turn are composed of millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the computer system. 4. NegligenceNegligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system. 5. Loss of evidenceLoss of evidence is a very common & obvious problem as all the data are routinely destroyed. Further collection of data outside the territorial extent also paralyses this system of crime investigation. 6. monetary gain: In case of cyber crime, a huge amount of money can earn by offender for his skill and activities, if it is any contractual offence.

Classification of cyber crime: Cyber crime can evolve criminal activities that are traditional in nature, such as, theft, fraud, forgery, defamation and mischief, all of which are subject to the penal laws of the country. The abuse of computer has also given birth to a gamut of new age crimes that are addressed by the special laws enacted to penalize this crime.

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For example, in Bangladesh Tatha o Jogajog Projukti Ain, 2006 defines certain offences which are not covered by penal code. All such crimes can be classified as follows. It can be classified in to 4 major categories as (A) Cyber crime against Individual (B) Cyber crime Against Property (C) Cyber crime Against Organization (D) Cyber crime Against Society (A) Against Individuals Spamming : Spamming means sending multiple copies of unsolicited mails or mass e-mails such as chain letters. Email spoofing : A spoofed email is one in which e-mail header is forged so that mail appears to originate from one source but actually has been sent from another source Cyber Defamation : This occurs when defamation takes place with the help of computers and / or the Internet. E.g. someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information. Harassment & Cyber stalking: Cyber Stalking Means following the moves of an individual's activity over internet. It can be done with the help of many protocols available such at e- mail, chat rooms, user net groups. (B) Against Property: Credit Card Fraud : credit cards means use any one’s credit card fraudly with collecting the secured password, in illegal way. Intellectual Property crimes : These include Software piracy: illegal copying of programs, distribution of copies of software, copyright infringement, trademarks violations, theft of computer source code. Internet time theft : The usage of the Internet hours by an unauthorized person which is actually paid by another person. 9

(C) Against Organization: Unauthorized Accessing of Computer: Accessing the computer/network without permission from the owner. it can be of 2 forms: a) Changing/deleting data: Unauthorized changing of data b) Computer voyeur: The criminal reads or copies confidential or proprietary information, but the data is neither deleted nor changed. Denial of Service : When Internet server is flooded with continuous bogus requests so as to denying legitimate users to use the server or to crash the server. Virus attack : A computer virus is a computer program that can infect other computer programs by modifying them in such a way as to include a (possibly evolved) copy of it. Viruses can be file infecting or affecting boot sector of the computer. Worms, unlike viruses do not need the host to attach themselves to. Email Bombing : Sending large numbers of mails to the individual or company or mail servers thereby ultimately resulting into crashing. Salami Attack : When negligible amounts are removed & accumulated in to something larger. These attacks are used for the commission of financial crimes. Logic Bomb : Its an event dependent program, as soon as the designated event occurs, it crashes the computer, release a virus or any other harmful possibilities. Trojan Horse : an unauthorized program which functions from inside what seems to be an authorized program, thereby concealing what it is actually doing. Data diddling : This kind of an attack involves altering raw data just before it is processed by a computer and then changing it back after the processing is completed. 10

(D) Against Society Forgery : currency notes, revenue stamps, mark sheets etc can be forged using computers and high quality scanners and printers. Web Jacking : Hackers gain access and control over the website of another, even they change the content of website for fulfilling political objective or for money.

Different 9 classes of Cyber Crime under the Australian Institute of Criminology 1. THEFT OF TELECOMMUNICATIONS SERVICES

The "phone phreakers" of three decades ago set a precedent for what has become a major criminal industry. By gaining access to an organization’s telephone switchboard (PBX) individuals or criminal organizations can obtain access to dial-in/dial-out circuits and then make their own calls or sell call time to third parties (Gold 1999). Offenders may gain access to the switchboard by impersonating a technician, by fraudulently obtaining an employee's access code, or by using software available on the internet. Some sophisticated offenders loop between PBX systems to evade detection. Additional forms of service theft include capturing "calling card" details and on-selling calls charged to the calling card account, and counterfeiting or illicit reprogramming of stored value telephone cards. 2. COMMUNICATIONS IN FURTHERANCE OF CRIMINAL CONSPIRACIES

Just as legitimate organizations in the private and public sectors rely upon information systems for communications and record keeping, so too are the activities of criminal organizations enhanced by technology. The use of computer networks to produce and distribute child pornography has become the subject of increasing attention. Today, these materials can be imported across national borders at the speed of light. The more overt manifestations of internet child pornography entail a modest degree of organization, as required by the infrastructure of IRC and WWW, but the activity appears largely confined to individuals. 3. TELECOMMUNICATIONS PIRACY

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Digital technology permits perfect reproduction and easy dissemination of print, graphics, sound, and multimedia combinations. The temptation to reproduce copyrighted material for personal use, for sale at a lower price, or indeed, for free distribution, has proven irresistible to many. This has caused considerable concern to owners of copyrighted material. Each year, it has been estimated that losses of between US$15 and US$17 billion are sustained by industry by reason of copyright infringement (United States, Information Infrastructure Task Force 1995, 131). When creators of a work, in whatever medium, are unable to profit from their creations, there can be a chilling effect on creative effort generally, in addition to financial loss. 4. DISSEMINATION OF OFFENSIVE MATERIALS

Content considered by some to be objectionable exists in abundance in cyberspace. This includes, among much else, sexually explicit materials, racist propaganda, and instructions for the fabrication of incendiary and explosive devices. Telecommunications systems can also be used for harassing, threatening or intrusive communications, from the traditional obscene telephone call to its contemporary manifestation in "cyber-stalking", in which persistent messages are sent to an unwilling recipient. 5. ELECTRONIC MONEY LAUNDERING AND TAX EVASION

For some time now, electronic funds transfers have assisted in concealing and in moving the proceeds of crime. Emerging technologies will greatly assist in concealing the origin of ill-gotten gains. Legitimately derived income may also be more easily concealed from taxation authorities. Large financial institutions will no longer be the only ones with the ability to achieve electronic funds transfers transiting numerous jurisdictions at the speed of light. The development of informal banking institutions and parallel banking systems may permit central bank supervision to be bypassed, but can also facilitate the evasion of cash transaction reporting requirements in those nations which have them.. 6. ELECTRONIC VANDALISM, TERRORISM AND EXTORTION

As never before, western industrial society is dependent upon complex data processing and telecommunications systems. Damage to, or interference with, any of these systems can lead to catastrophic consequences. Whether motivated by curiosity or vindictiveness electronic intruders cause inconvenience at best, and have the potential for inflicting massive harm. 7. SALES AND INVESTMENT FRAUD

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As electronic commerce becomes more prevalent, the application of digital technology to fraudulent endeavours will be that much greater. The use of the telephone for fraudulent sales pitches, deceptive charitable solicitations, or bogus investment overtures is increasingly common. Cyberspace now abounds with a wide variety of investment opportunities, from traditional securities such as stocks and bonds, to more exotic opportunities such as coconut farming, the sale and leaseback of automatic teller machines, and worldwide telephone lotteries.

8. ILLEGAL INTERCEPTION OF TELECOMMUNICATIONS

Developments in telecommunications provide new opportunities for electronic eavesdropping. From activities as time-honored as surveillance of an unfaithful spouse, to the newest forms of political and industrial espionage, telecommunications interception has increasing applications. Here again, technological developments create new vulnerabilities. The electromagnetic signals emitted by a computer may themselves be intercepted. Cables may act as broadcast antennas. Existing law does not prevent the remote monitoring of computer radiation. 9. ELECTRONIC FUNDS TRANSFER FRAUD

Electronic funds transfer systems have begun to proliferate, and so has the risk that such transactions may be intercepted and diverted. Valid credit card numbers can be intercepted electronically, as well as physically; the digital information stored on a card can be counterfeited.

Cyber crime: Bangladesh prospective The parliament of Bangladesh has enacted information and Communication Technology Act, 2006 which defines certain activities as crime. So, we can say that the activities which made punishable under the Information Communication and Technology Act, 2006 shall be the cyber crimes for the territory of Bangladesh. These activities are……… 1. mischief of computer and computer system 2. alteration of source code of computer

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3. 4. 5. 6. 7. 8.

hacking in computer system false representation and cancellation of information false electronic signature certificate transmission of secrecy disclosing electronic signature for cheating committing crime through computer

Cyber crime in Bangladesh under ICT Act, 2006: Section 54(1) of the ICT Act, 2006 says that…… If any one without permission of the owner or any other person who is in charge of a computer or computer system or computer network put a….. a. accesses into or assist someone to access into a computer or computer system or computer network for the purpose destruction or collection of information saved in the file. b. Collects any data, database, information or extracts or collects copy of any data or part of it or information from any a computer or computer system or computer network with the help of any removable storage medium c. Introduces or causes to be introduced any types of computer contaminant, computer virus into a computer or computer system or computer network, intentionally. d. Willing harms or tries to harm any a computer or computer system or computer network or any data, database which is preserve in the computer or computer system or computer network. e. Willing disrupts or tries to disrupts to any a computer or computer system or computer network. f. Makes bar or tries to make bar in relation to access of any authorized person to any computer or computer system or computer network a computer or computer system or computer network g. Provides assistance to any person to facilitate illegal access to any computer or computer system or computer network by violating the provisions of this Act or rules or regulations thereafter. h. Willingly produces or market or tries to produce or market any spam or sends any unwanted e-mail for the purpose of selling

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any product or service without the permission of the originator or subscriber i. That act of that person shall be an offence.

Cyber crimes committed in Bangladesh: No notable cyber crime has yet been committed in Bangladesh. The gradual dependence and extensive use of computer and information technology by the financial institution like bank, insurance company and others non Governmental organization increase of fear of commission of cyber crime here. In Bangladesh through incident of targeting computer or computer system is very usual. Some of the incidents that bring the notice of the public are – 1. e-mail threatening to the Prime Minister Shekh Hasina from a cyber café 2. hacking the mail of BRAC BD 3. staling the transaction report of Dhaka Stock Exchange through Hacking 4. inserting porno movies to the web site of Bangladesh National Parliament 5. inserting the porno movies to the web site of Jamate Islami Bangladesh 6. e-mail threatening to World Bank Dhaka Office and the President of the United States Gerge Bush. 7. hacking the website of RAB by for student of computer science named Tawhid, Jayed, Shahi Mirza and Istiak.

Four arrested for hacking RAB website

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Impacts of cyber crime in Bangladesh: Impact of Cyber crime against Individuals: Cyber crimes committed against people include various crimes like transmission of childpornography and harassment through e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography constitute one of the most important cyber crimes known today. Cyber harassment is a distinct cyber crime. Harassment can be sexual, racial, religious, or other. This also brings us to another related area--violation of citizen which is a crime of grave nature. Impact of Cyber crime against Organizations: This activity is commonly referred to as hacking. The Indian law has however given a different connotation to the term hacking, so we will not use the term "unauthorized access" interchangeably with the term "hacking" to prevent confusion as the term used in the Act of 2000 is much wider than hacking. Bangladesh's financial institutions are at risk from hackers. In the country financial institutions have introduced various online features like online banking, stock exchange transactions but are not able to provide the highest security. Source said the cyber criminal networks through Internet have attacked our country's technology infrastructure. Recently, hackers interrupted the DSE transaction, which cost the small entrepreneurs dearly.

Impact of Cyber crime against the Government: Cyber terrorism is one distinct kind of crime in this category. The growth of internet has shown that the medium of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorize the citizens of a country. Cyber terrorism may be defined to be “ the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives”.

Steps Against Cyber Crime: Bangladesh has been carrying out anti- cyber crime activities from last year providing training for a group of professionals and developing software, from the reports BSS. As part of the strategy, the Crime Investigation Department (CID) of the Police would

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run a cyber crime laboratory later if its plan went accordingly, Deputy Inspector General (DIG) of the CID of the Police Mohammad Saiful Alam told the news agency Wednesday. The DIG said by initiating the anti-cyber crime activities, Bangladesh had come to the age of combating high-tech crimes though no single cyber crime was recorded in the country. Bangladesh had only 0.45 million Internet users in 2006 and the number of Internet hosts was 376 in 2007, according to available statistics. But the ratio of commercial users of Internet was significantly higher than household users. So, the law-enforcers should be prepared for resisting such high-tech crimes, which were usually taking place in the commercial sector, said another senior official. At present, the cyber crimes, including sending of porno pictures and cooked porno activities to achieve particular targets, may take place, but those were isolated events, and the number were very few, he said referring his crime intelligence.

Cyber Justice forum in Bangladesh: Cyber Tribunal: According the section 68 of the Information Communication and Technology Act, 2006 for the speedy and effective disposal of cases under this Act, Government shall establish one or more cyber tribunal. The tribunal shall try only the offences under this Act and the Government shall determine the local jurisdiction of the tribunal. In consultation with the Supreme Court shall appoint one Session Judge or an Additional Session Judge as a judge of cyber tribunal.

Cyber tribunal shall take a case for trial ……. 1. upon the report of the police officer not below the rank of sub inspector, or 2. upon a complain made by a controller, appointed under this Act or by any other person authorized by the controller

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the trial procedure of cyber tribunal shall follow chapter 23 of the Code of Criminal Procedure, 1898 when the trial procedure is done by Court of Sessions, so far it is consistent. If the accused is as absconded, tribunal can try the case in absentia. In this case tribunal has to circular an order in two Bangla news paper to appear the accused on a specified day. Cyber tribunal shall apply the provision of criminal procedure code and it shall have the same power, a session Court is empowered to apply to its original jurisdiction. Public prosecutor shall conduct the case on behalf the Government.

Cyber Appellate Tribunal: The government shall establish one or more cyber appellate tribunal. The appellate tribunal shall be constituted by one chairman and two members appointed by the Government. To be appointed as a chairman of cyber appellate tribunal, he must be either a former judge of Supreme Court or existing Judge of the Supreme Court or is eligible to be appointed as a judge of the Supreme Court. One of the members of tribunal shall be a retired District Judge or employed in judicial service and the other member must be an experienced and skilled person in information and communication technology. They shall be appointed for minimum three to maximum five years. Cyber Appellate Tribunal shall have no original jurisdiction. It shall only hear and dispose of appeals from the order and judgment of the Cyber Tribunal An Sessions Court in appropriate cases. The decision of the appellate tribunal shall be final and conclusive and it shall have the power to alter, amend, and annul the order and judgment of the cyber tribunal. The appellate tribunal shall follow the appellate procedure of High Court division of the Supreme Court. Until cyber appellate tribunal is established, appeal may be heard by the High Court Division.

Punishment:

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Under section 54(2) of the ICT Act, 2006, If any one commits offence under sub section 1 of the Section 54 of the ICT Act, 2006, he will be punished for imprisonment not exceeding ten years or fined not more than ten lacs taka or both. Incase of hacking, section 56(2) of the ICT Act, 2006 provides that if any one commits a crime of hacking he will be punished with imprisonment not exceeding ten years or be fined maximum one core taka or both.

Conclusion: Now a days the cyber crime has become a very global problem in all over the world. Especially, it affects daily on the teenagers through pornography, which is basically abandon by the legal aspect and as well as religious aspect also. Government should take steps for removing such websites from the central internet server. There are about 15,90,000 website about pornography. If any organization can make bar to use facebook, gmail, hot mail etc in office or college or universities then why not Government?

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