Research Proposal on RECENT TREND OF CYBER CRIME IN BANGLADESH : LAWS AND PRACTICES Submitted to Dr. Md. Hashibul Alam Prodhan Department of Law Rajshahi University
Golam Rabbani Student of LLM Roll 10119032
Department of Law Rajshahi University BANGLADESH E-mail:
[email protected]
Recent Trend of Cyber Crime in Bangladesh : Laws & Practices
INTRODUCTION The development in information technology and electronic media especially from 1980`s onwards have given raised to a new variety of computer related crimes which are commonly called cyber-crime. The cyber-crime may be done by using computer only, but this crime may be done very easily by using internet. Cyber-crime or computer crime refers to any crime that involves a computer and a networks. Some authorities feel that the term cyber-crime is misnomer as this term is nowhere defined in any statutes or act enacted by the Parliament. In a sense is radically different from the concept of conventional crime in so far as both include conduct whether act or omission which causes breach of law and therefore, it is punishable by the state. It is not surely said that, from when the cybercrime was started but in 1999 at Taiwan a virus was attracted named CIH, made the topic of cyber-crime familiar to the whole world.
In the present time people become more dependent on computer and internet, as result, we can’t not think our daily activities without this technological help. For this reason, some selfgainer people chose this technological way to make any crime easily. For committing this crime the criminal need not to take any special risk. These crimes cover a wide range of illegal computer related activities such as theft of communication services, industrial espionages, dissemination of pornographic and sexy offensive material in cyberspace electronic money laundering and tax evasion, electronic vandalism, terrorism and extortion
tele-marketing frauds, illegal interception of tele-communication etc. Such crimes may threaten a nation’s security and financial health.
The cyber law of every country defines certain acts, as cyber-crime and provides sanctions against individuals who are held responsible for the commission of such acts. An individual who is charged with the commission of a cyber-crime is regarded as an accused. Accused who are committed cyber-crime and they are treated as cyber-criminals.
To prevent cyber-crime all over the world there are some laws and conventions such as Convention on Cybercrime, Budapest, 23 November 2001, ASEAN The Association of Southeast Asian Nations (ASEAN) has established high level Ministerial Meeting on Transnational Crime (AMMTC). At the Meeting in Bangkok, January 8, 2004, a statement included cyber crime was recognized and the need for an effective legal cooperation to enhance the fight against transnational crime. The Securely Protect Yourself Against Cyber Trespass (SPY) ACT, the U.S. Federal Laws, United Kingdom’s Cyber Laws, European Laws, Japan’s Cyber Laws, Australia: The Cybercrime Act 2001,
Indian Law: The
Information Technology Act and Indian Evidence Act. Our main focuses on the cyber-crimes which are happened in Bangladesh and we also articulate the laws and practices. In Bangladesh ,there are no many laws relating to cybercrime.
But, in Bangladesh, the Information and Communication Technology Act 2006
mainly cover the cyber related offence and punishment. Besides this Act ,some provisions also inserted in the Amendment of Telecommunication Act 2001.
CONDITIONS OF CYBER CRIME IN BANGLADESH The waves of technological development are also thrilled the people of Bangladesh like all over the world. In this situation to confirm the technological security the Government of Bangladesh pass a law at 8th October in 2006. It legitimates the using of technology and to prevent the offence relating to cybercrime. In this act defines some acts as cyber-crime and also keep the provisions of preventing cybercrime and establishing cyber-tribunal. This Act declared these following activities as cyber-crime:
- Unauthorized copying, extracting and downloading of any data, database - Introduction of virus - Damage and disruption to computer system and computer network - Denial of access to authorized person to computer - Providing assistance to make possible to commit to crime - Hacking with computer system - Tampering computer source documents - Electronic forger for the purpose of cheating and harming reputation - Using a forged Electronic record - Publication of digital signature certificate for the fraudulent purpose - Confiscation of computer, network etc. - Publication of information which is obscene in electronic form - Misrepresentation and suppressing material facts for obtaining digital signature certificate - Breach of confidentiality and privacy - Publishing false digital signature certificate
OBJECTIVES OF THE STUDY This study is an attempt to make an evaluation of the recent trend of cyber-crime in Bangladesh with present situations under, international laws , especially laws of Bangladesh. Considering the vastness of the area of cyber-crime this study will be focused on the cybercrimes and preventive steps. In view of the studies the goal is formulated in some specific objectives as follows: (i)
To identify the grounds of commission of cyber-crime;
(ii)
To focus on the ways of making to reform the current laws to prevent the cybercrimes;
(iii)
To develop awareness about the cyber-crimes;
(iv)
To promote effectiveness of the government and law enforcing agencies to control and to accelerate the dynamism in exercising prevalent laws in respect of cybercrimes; and
(v)
To find out ways and means of taking effective measures to reduce the cyber offences.
In order to procure these objectives some standards are necessary to evaluate the present situations about cyber-crimes in Bangladesh. With this end in view, the study aims to scrutinise general principles of laws, policies, norms, and mechanisms concerning cyber offences. In this regard, the study will review and analyse the literature, laws and practices of Bangladesh in accordance with the methodology of the study and the relevant data.
METHODOLOGY OF THE STUDY This study will examine the law and practice relating to the cyber-crimes in Bangladesh. It will evaluate the present conditions of the laws and practices in this respect. In order to give complete shape to the study, a range of research methods would be used: (i)
review of literature and instruments on cyber laws;
(ii)
examination of the legal provisions regarding cyber laws of Bangladesh;
(iii)
analysis of statutory law and case law relating to cyber-crimes in Bangladesh;
(iv)
review of relevant public records, available statistical data and annual reports of various private sectors;
(v)
case studies of specific incidents relating to the cyber-crimes; and
(vi)
collection and analysis of relevant data.
Discussion on the conceptual issues will be based on the literature including books, journals, electronic materials, statutory law and case law.
a. Study Design: The study will be empirical and at the same time it will be focused on present situations. b. Period of Study: The period of study will be two month including data collecting and analysing data.
SOURCES AND MODES OF DATA COLLECTION The study will be based on both primary and secondary data. The primary data will be collected from newspapers, journals, Acts and case laws. The secondary data will be collected from the literature on the topic, internet, library catalogues. Moreover, information
will be collected from the website of various national and international organizations. The collected data will be classified, analysed and tabulated according to the different objectives and variables of the study.
On the basis of the evaluation some proposals by way of recommendations will be made in the conclusion of each chapter to improve the
preventive process
of cyber-crimes in
Bangladesh. An overall conclusion will be drawn in the last chapter of the study.
SCOPES AND LIMITATION OF THE STUDY The scope of the study relates to the present conditions regarding cyber-crimes in Bangladesh. As the scope of cyber-crimes are wider than any other offences, so the researcher go through about the well-known offences which are commonly occurred in Bangladesh and preventive measures of those crimes . The scope of the study also will be limited within present laws of Bangladesh with in the essence of International laws
Due to constraint of
time and non-availability of necessary documents relating to cyber-crimes in respect of Bangladeshi cyber offences ,the study is limited in respect of time and place as mentioned above.
RATIONALES AND JUSTIFICATION OF THE STUDY It is hoped that this study will make a significant contribution to the concepts of cybercrimes. It will help the policy makers, legislators and researchers to know about the problems and prospects to reduce cyber-crimes. The findings of this study are intended to help the
government to improve the existing laws relating to the information and technological safety in Bangladesh.
As the study is concerned with the present situation or present prospective of cyber-crimes and prevention thereof, as well as the effectiveness of laws, steps of Government, awareness of people and respect to laws, which are the glaring issues of day, it deserves some inordinate significance. It will be a new combination for the researcher, because as far as known, there has been no research work done as yet on this matter in Bangladesh. It is expected that this recent issue can be treated as an important and valuable source for the workers on this subject. The findings of the research will be helpful for the people, especially the concerning and interested people in this field. Moreover, it will open wide opportunities for other researchers concerned with this arena. This research work may be helpful for the students of law to enrich their knowledge. Besides, many institutions, agencies and organizations will benefit from this type of new research work.
REVIEW OF LITERATURE Since cyber-crimes are a fast growing matter and wherein interaction of the bcommon people as well as the society and Government. It became a subject of discussion and research from the days of the formation of peaceful society, innumerable books and articles are written on this topic in side of Bangladesh. But because of the changing patterns of the society and human behaviour with the development of science and technology earlier literature on this
topic is becoming insufficient to give exact information and protection. Moreover, most of the previous literature is written by academics having no relation with recent situation. Thus, many books regarding cyber-crimes are found in different libraries and online; and mostly some aspects of these matters are found in foreign books. But none of them contains any adequate information about Bangladeshi legal system. On the legal relationship some other books, which bear much significance are ; Oporad Biggan porichity By Prof. Dr. Borhan Uddin Khan , A text Book on Cyber law of Bangladesh By Dr. Zulfiquar Ahmed, ICT Policy of Bangladesh – Govt. publication. A book of R. K. Chaubey, An Introduction to Cyber Crime and Cyber Laws is an important book to analysing the main kinds of cyber-crimes. Apart from these works, a list of other books, articles, documents, statutes, and journals on different aspects of cyber law and crime may be found, but none of them has dealt with this research topic in the light and details as it has been intended to be done in this work. In none of them could be found an unbiased and in-depth treatment of this burning research area. Attempts will be made in this work to suggest reform where necessary and update the existing laws so that an effective prevention of cyber-crimes is ensured in a fruitful way.
Selected Bibliography A. Books 1. Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer 2.
Crime," Cleveland, Mississippi: Anderson Publishing. Ahmed, Zulfiquar (2009) A Text Book on Cyber Law in Bangladesh, Dhaka:
3.
National Law Book, NV Paranjape, Criminology and Penology, (Fourteenth edition, 2009): Central
Law Publication, Allahabad, India 4. Borhan Uddin Khan, Monjur Kader (Fourth edition;2014) ,Oporad Biggan porichity, Kamrul Book House ,Dhaka , 5. Johannes M. Bauer, Michel J.G. van Eeten, Cyber security: Telecommunications Policy, (2009) 6. Joseph Straubhaar and Robert LaRose (2004). Media Now: Understanding Media, Culture, and Technology 7. The Information and Communication Technology Act (ICT), 2006. B. Newspaper 1. The Daily Star 2. The Prothom Alo 3. The Indians Time 4. The Economics
