cyber crime punishment in bangladesh

Cyber Crime and Legal Fabric of Bangladesh, A Legal Analysis on Right to Food and Duty of the…, Private Photos Leaked Online: How Can a Celebrity Get Justice in…, Legal Conundrum in Defining ‘Rape’ for Male Victims, International Law on Access and Benefit-Sharing and Bangladesh’s Legal Regime, Information and Communication Technology (ICT) Act, 2006, https://bdlawdigest.org/cyber-crimes-and-cyber-laws-in-bangladesh.html, Common People’s Access to the Environment Courts of Bangladesh: An Appraisal, Raise voice to end the culture of concealment in case of rape. Under the penal code, defamation is punished with imprisonment for up to two years or a fine or both penalties. But, its difficulty must not prevent us from taking adequate measures against the cyber-criminals. Md. Unfamiliarity of technology 8. Bangladesh is planning stringent measures to fight cyber crime amid the rapid expansion of the information and communications technology and telecommunications networks in the South Asian country. The government’s involvement in hacking is confirmed in a recent TV interview given by the Bangladeshi telecom and ICT minister, Mustafa Jabbar. Copyright: Any unauthorized use or reproduction of Bangladesh Law Digest (BDLD) content for commercial purposes is strictly prohibited and constitutes Cyber Crime : Bangladesh Perspective: The parliament of Bangladesh has enacted Information and Communication Technology Act, 2C06 which defines certain activities as crime. The incident of Bangladesh bank heist is one of the proven evidences. He was sued along with the Amar Desh publisher Hashmat Ali on December 13, 2012. Bangladeshi national cricketer and ace all-rounder Shakib al Hasan became the latest victim of cyberbullying... Interpol warns of 'alarming' cybercrime... World Tue, Aug 4 2020 . Sweden. At your home, [broadcast] live? The user, who is a businessman, told a Netra News reporter that his Facebook account was suddenly taken over by someone in early or mid April. One of the guiding principles of punishment in Bangladesh is deterrence. Cyber crime reporting-There are some provisions regarding cyber crimes in different laws in Bangladesh. There are many kinds of cyber crimes. Article 34 of the act, which is often touted by its proponents as an “anti-hacking law”, reads: “if a person commits hacking then it will be considered an offence and for this he will be sentenced to a term of imprisonment not exceeding 14 (fourteen) years or with fine not exceeding Taka 1 (one) crore or with both.”, The act also sets out specific punishments for other cyber crimes including “collecting, using identity information without permission”; “identity fraud or being in disguise”; “publishing, sending offensive, false or fear inducing data-information etc.”. Private Photos Leaked Online: How Can a Celebrity Get Justice in... ESC Rights: Budding Trends in Constitutional Regimes of South Africa, India... Key Definitions and Concepts of Company Law. Save my name, email, and website in this browser for the next time I comment. Meer Zahan said his Facebook account has not been hacked in recent times. As our youngsters are prone to misdirection, they must be given proper guidance and care. Though these technologies have empowered us to do a great deal of things, it has also put us in a vulnerable position. In his article John Carlin brought forth a new idea. However, there are some provisions in the ICT Act, 2006 which mention penalties for various cyberspace related crimes. They offer ‘protection’ in exchange of money otherwise they destroy or expose all financial and security information. Weak gateway security 6. The aforementioned hackers are colloquially called ‘white-hat hackers’ (who are not malicious) and those mentioned later are called ‘black-hat hackers’ (who are malicious). We actually have a video clip of the interview they broadcasted, where you are saying, “our boys and girls can identify who is doing what and take action against them without any help from this authority, we have been able to hack or terminate their IDs.” This…. Crime in Bangladesh is present in various forms such as Drug Trafficking, [Wildlife trafficking], Money Laundering, Extortion, Contract killing, Fraud, Human Trafficking, Robbery, Corruption, Black Marketeering, Political Violence, Terrorism and Abduction among others. Hacking has already become a major problem in Bangladesh. Besides this Act ,some provisions also inserted in the Amendment of Telecommunication Act 2001. We have created these things but now we are sometimes helpless in front of our own creation. When Netra News contacted Mustafa Jabbar for his comment, he initially agreed to talk to Tasneem Khalil, the editor-in-chief of Netra News. Not just young people, even the mainstream media is so often engaged in the hacking and exposing private information. Everybody can agree with this statement, but that’s just about all that is agreed upon. Such tasks are handled by a special team of hackers who work for the Signal Intelligence Bureau (SIB) as civilian contractors. One of the whistleblowers said “it is very likely but not sure” that the SIB has direct access to the interception infrastructure at the National Telecommunication Monitoring Center (NTMC). Although there is no proper law under which cyber crimes has been vastly explained, the video shall give a brief idea as to what may constitute a cyber crime in Bangladesh… Cybercrime is increasing and something needs to be done about it. The writer Pinaki Bhattacharya, according to the whistleblowers, has long been considered a high-value target by the DGFI, for his caustic criticism of the Awami League government. For these reasons we are yet to see in Bangladesh a successful trial of a cyber crime in its true and real sense. The agency has also tried to muzzle his Facebook account by employing all the tools at its disposal including putting him under physical surveillance for months and asking him to appear at its headquarters for questioning. So we can say that, the activities which made punishable under the Information and Technology Act of 2006 shall be the cyber crimes for the territory of Bangladesh. The offenses (cyber-crimes) are non-bailable and convey a minimum punishment of seven years (with a most extreme of 14 years) and a maximum fine of up to Tk 10 million. The Cyber Crime Investigation Division, more commonly known as the Cyber Crime Unit, is a branch of Bangladesh Police which is operated under the Counter Terrorism and Transnational Crime of Dhaka Metropolitan Police. A Bangladeshi teenager has very easy access to computers and other devices. Information technology (IT) very rapidly occupied the responsibility of Common people should also be careful in using computer systems and online facilities. Mahmudur Rahman, the founder of a Bangladeshi newspaper named Amar Desh was sued in line with a High Court directive for publishing reports on Skype conversation between former International Crimes Tribunal chairman Justice Md … Cyber Crime Investigation Division, Dhaka Metropolitan Police Penalty for damage to computer, computer system, etc.--If any person, without permission of the owner or any person who is in charge of a computer, computer system or computer network,-Punishment/Penalty: Imprisonment for maximum ten years, or with fine which may extend to Taka ten (10) lakhs, or with both. Propaganda activities are also considered as cyber-crimes in some instances. The term cyber generally means computer network or virtual reality. Mahmudur Rahman, the founder of a Bangladeshi newspaper named Amar Desh was sued in line with a High Court directive for publishing reports on Skype conversation between former International Crimes Tribunal chairman Justice Md Nijamul Huq and an expatriate  legal expert in December, 2012. CONDITIONS OF CYBER CRIME IN BANGLADESH The waves of technological development are also thrilled the people of Bangladesh like all over the world. Information technology (IT) very rapidly occupied the responsibility of After Swatantra Jote lost control of its page, Auroni Semonti Khan hosted the Facebook Live with Tasneem Khalil from her own Facebook profile in the evening of May 13th. Apart from physically visiting a police station to file a complaint, victims can also forward the evidence and links to an email address – [email protected] – or to the official facebook page of “Cyber Police Centre, CID, Bangladesh Police.” “This is part of our awareness program to decrease cyber harassment. They think it as a challenge which they accept for fun. Gaining unauthorized information is a cyber crime. A general diary (GD) has also been filed with the Boalkhali Police Station in Chittagong by a leader of the organisation in connection to this hacking incident. Most of these targets are critical journalists, political dissidents, and opposition figures. IT is vital to highlight the increased danger presented by false or misleading information. Subsequently, the government amended the Act in 2008 and in 2009. It is an offence to hack a computer system which belongs to other individuals or organizations. Crime and punishment' There exists punishment for crime in every country. Cyber-terrorists target transportation, telecommunication, financial data etc. Netra News asked Facebook for its comment and received this response from a spokesperson: “We are committed to safeguarding the integrity of our services and take action on any attempt to gain unauthorized access to user accounts. The fake account was under a Buddhist male name. Cyber law is related to information technology (IT) and information and communication technology (ICT). They were sparked by the deaths of two high-school students in Dhaka struck by a bus operated by an unlicensed driver who was racing to collect passengers. This kind of things are done to harass someone purposefully. To face the challenges growing in cyber space it is essential to amend the existing laws such as the Penal Code 1860, the Evidence Act 1872, the Contract Act 1872 etc. Directorate General of Forces Intelligence accused of hacking and cyber crimes; “our boys and girls [hack Facebook]”, boasts the Bangladeshi telecom and ICT minister. The government is bringing in a new law to tackle cyber crimes, with provisions for a maximum punishment of 14 years in jail for offenders. “The people can rest assured that our team that is working, including the law enforcement agency, is extremely cautious, efficient, and technologically resourceful.”. They can get into a telephone network during an emergency and shut it down causing more casualties. Auroni Semonti Khan of Swatantra Jote declined to comment.●. They often engage in sabotaging the victim’s assets. ➜ Bangladesh Law Digest organises seminar on law and literature at CU, ➜ 3rd BDLD seminar on ‘Criminal Sentencing in Bangladesh’. Many Buddhist temples, monasteries and households were destroyed. They even contacted Facebook citing a national security ground, but Facebook said there is no national security ground. It started its journey on June 2, 2015 with a view to providing the lawyers, legal researchers and law students with a brilliant platform to dissect, analyze and synthesize various issues pertaining to the legal field. It creates agitation and panic among the public. The Penal code of Bangladesh contains very few provision regarding cyber squatting. The Act explains the types of cyber-crime as well as the associated punishment. Bangladesh plans for strict Cyber-Crime laws 2. However, we can also say that while Facebook acts as the authority, our boys and girls can identify who is doing what and take action against them without [any help from] this authority — we have been able to hack or terminate their [Facebook] IDs. The Press Secretary to the Prime Minister of Bangladesh, Abul Kalam Azad, said "pornography has spread like a disease in Bangladesh". Media Evolution City As part of the PRMC plan, online trolls were instructed by their handlers to swarm to Swatantra Jote’s official Facebook page and “take it down” with fake abuse reports. The main function of this division is to patrol, prevent, detect and investigate cyber-terrorism and cyber-crime in Dhaka Metropolitan. Tasneem Khalil: Did you not talk to a Somoy News reporter? It includes internet-based pornography, piracy of intellectual property (CD, VCD, e-book) and cyber crime. Law Minister Anisul Huq told reporters on … The Information and Communication (ICT) division of the administration has begun a helpline to get whines about any of such assault in social media in 2015. I do not wish to talk to you. With the help of the forensic investigator, Netra News was able to track down this Facebook user in Comilla. Thus, a war can be won without shooting even a single bullet. These cyber-extortionists can be regarded as the new age cyber-mafias. You were telling the reporter Shuvo Khan…. These hackers operate out of the DGFI headquarters inside the Dhaka Cantonment. One of the benefits of using such a hacked account, instead of registering a new account, is that these “regular people” accounts already have a large friends’ list and a history — which also beats Facebook’s automated system of weeding out fake accounts. The author initiates … 211 19 Malmö Everyday new forms of cyber-crimes are happening and if it goes unchecked, law and order situation will worsen. Netra News was provided with evidence indicating that the SIB was behind the hacking of the writer Pinaki Bhattacharya’s Facebook account in September 2018 (while he was in Bangladesh) and the hijacking of Swatantra Jote’s Facebook page in May 2020. Hackers are people who gain unauthorized access to computers or telecommunication systems, often just for the challenge of it. So, cyber crime can simply be defined as crime which involves cyberspace or computer network or a protected computer system. In 2006, the Bangladesh parliament enacted a legislation, namely the Information and Communication Technology Act 2006 (amended in 2009 and 2013), to control cyber crime by mandating rigorous punishment. Tasneem Khalil, BMN/Netra 13. The trolls also flooded the page with abusive comments from hundreds of bot accounts (fake social media accounts used for automated comments and messaging). Some of them are briefly mentioned below-. (ansvarig utgivare) & Mustafa Jabbar: I did not talk to any such reporter. The whistleblowers’ claims are backed by recent comments from the Bangladeshi telecom and ICT minister himself, who boasted during a live interview with a TV reporter that hackers working for the government are monitoring and hacking political dissidents’ Facebook profiles. Cyber-extortionists create harmful soft-wares and often threat individuals or organizations. E-mail bombing refers to sending a large number of e-mails to the victim resulting in the victims e-mail account (in case of an individual) crashing. Mustafa Jabbar: What? Yaba is a local illegal methamphetamine; avoid purchase of this or any other illegal drugs. It is hoped that these Acts will be modified in accordance with the demand of time. So we can say that, the activities which made punishable under the Information and Technology Act of 2006 shall be the cyber crimes for the territory of Bangladesh. Bangladesh’s ICT industry has been expanding exponentially and is making its presence strongly felt both in the public and private sectors. In 1997, John Carlin wrote an article for the Wired Magazine titled ‘A Farewell to Arms’. We can see that law has taken the matter of cyber-crimes in consideration and there are some strict rules regarding it. Cyber Crime and Punishments (as per ICT Act. There is a difference between hackers and crackers, although the term “cracker” has never caught on with general public. As our modern age is entirely dependent on network based facilities, a slight inconvenience on its part can cause a lot of problems. 12. Netra, netra.news For the better application of the Act, the government passed Information Technology (Certificate Authority) rules in 2010. “This girl will be in trouble,” the insider wrote to Khalil, and attached a screenshot of a Facebook post in which Semonti Khan was publicising her planned discussion with the journalist. Once hacked, names on these accounts are often changed to well-known opposition figures, though the whistleblowers could not explain the exact reason for the name changes. Bangladesh Law Digest (BDLD) is a leading law journal in Bangladesh. 2006) Section 54. But under Bangladesh’s current cyber laws, anyone can file a case. The insider also told the editor-in-chief of Netra News that the DGFI considers him a “persona non grata” and anyone in Bangladesh who wants to host a Facebook Live with him will be subjected to coercive measures (major steps taken by the agency in escalating situations). A series of public protests in Bangladesh advocating improved road safety were held from 29 July to 8 August 2018. You have entered an incorrect email address! The term “hacker” is now so overused that it has come to be applied to anyone who breaks into computer systems. However, sophisticated hacking of a high-value target’s Facebook account or page is outside the remit of the PRMC and its troll army. On May 14th, Swatantra Jote held an online press conference and issued a press release condemning the “cyber attack” it was subjected to. Based on some technical details provided by a member of Swatantra Jote, an independent forensic investigator reconstructed the hacking and hijacking of the organisation’s page. (a) with the intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or any person, does any act and thereby destroys, deletes or alters any information residing in a computer resource or diminishes its value or utility or affects it injuriously by any means; (b) damage through illegal access to any such computer, computer network or any electronic system which do not belong to him; then such activity shall be treated as hacking offence; (c) whoever commits hacking offence under sub-section (1) of this section, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine which may extend to taka one crore , or with both.”. “Tough jobs are assigned to a team with access to sophisticated technology.”. As cybercrimes abound in Bangladesh, an all-women police team wins trust. The state has to take all possible measures to thwart any kind of cyber-invasion which may put the lives of people in danger. Thus, the situation will worsen. It is most commonly known as the cyber crimes. SIB hackers were finally able to hack Bhattacharya’s Facebook account in September 2018 by intercepting a two-factor verification code sent to his phone number. They become active in the cyberspace and then use trickeries and evil methods to materialize their malicious desires which are often very harmful to individuals and group of individuals. Sarwar Alam Sajjad is a Law student at University of Dhaka. Current impact involving cyber crime can be not alarming Bangladesh because the financial transactions have not yet been fully facilitated within online. Bangladesh has by now already become a victim of cyber crime. We all know the fight against cybercrime is an uphill battle, as Kevin Townsend explains. Request PDF | Crime and Punishment in Bangladesh | The People's Republic of Bangladesh is the world's eighth most populated nation. A single misplacement of information or a single wrong stroke on a keyboard button can literally cause great havoc and destruction. Legal response to cyber crime in Bangladesh In order to facilitate e-commerce and encourage the growth of information technology, the Information and Communication Technology (ICT) Act, 2006 was enacted making provisions with a maximum punishment of 10 years … But these laws alone are not enough. So it can be said that it is not possible for our government to control cyber crime by using some provision of the penal code . Only law is not enough and so, we must nurture ethics and morality in our private and communal lives. And so, they get enough opportunity to engage in hacking. Civilian contractors, who maintain thousands of fake pages and accounts on Facebook, receive daily instructions on spreadsheets containing URLs of specific posts, pages and profiles to target. More than five million personal computers are now … Honest mistakes may happen but some people are intentionally taking advantages of these weaknesses. We have a similar provision in the ICT Act. Instead they will be fought in another way. Most of the cyber crimes – Hacking, Data theft, Illegal tampering with source codes are listed under the Information Technology Act (IT Act), which was amended in 2008. Subject: Law Topic: Article Assignment. Focus Keyword: Cyber Crimes and Cyber Laws in Bangladesh. Crimes For Which Individuals Have Been Executed Since January 2008: Aggravated Murder. Loss of evidence 5. Academia.edu is a platform for academics to share research papers. In the end, he finds, the solution may be a change in both legal and social policies. But, in Bangladesh, the Information and Communication Technology Act 2006 mainly cover the cyber related offence and punishment. Cyber law is related to information technology (IT) and information and communication technology (ICT). Netra News tried but could not reach the DGFI officers — both brigadier generals — in charge of the SIB and the PRMC. Whistleblowers, who work as civilian contractors for the DGFI, provided Netra News with testimony and documentary evidence on how two special units within the agency — the Signal Intelligence Bureau (SIB) and the Public Relations Monitoring Cell (PRMC) — are engaged in hacking and other cybercrimes. One of the whistleblowers told a Netra News editor that SIB hackers maintain a “collection of hacked accounts” that they use for high-value hacking operations. Someone with a fake Facebook account posted a photo of desecration of the Holy Quran on its wall. Cyber law is a new phenomenon of modern technological development. Punishment for hacking - Whoever commits hacking shall be punished 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. “We hack Facebook and [engage in other cybercrimes]. The whistleblowers told Netra News that this is routine work for the PRMC’s online troll army. © 2020-2021 Bangladesh Law Digest (BDLD) ISSN 2708-6313. Capital punishment by hanging is still used for criminal offenses. The internet can be used to spread misinformation just as easily as information. But the extent of punishment for a particular offence differs from country to country due to cultural diversity and convention. The maximum punishment under current law is 10 years in jail and/or 500 thousand Taka fine. 3.7 Bangladesh computer society website hacked by libyan hacker The hacking took place after a few days of a 3 day-long “Regional Seminar on Cyber Crime in Dhaka” from 5-8 November. Bangladesh, despite being a third world country, has seen a technological revolution. To controlled cyber crime it is necessary to enact special law which … The main function of this division is to patrol, prevent, detect and investigate cyber-terrorism and cyber-crime in Dhaka Metropolitan. Dr. Debarati Haldar and Dr. K. Jaishankar defined cyber crimes as such-, “Offences that are committed against an individual or group of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm or loss to the victim directly or indirectly using modern telecommunication networks such as internet (chat rooms, emails, notice boards or groups) and mobile phone (SMS/MMS).’’. Cybercriminals are increasingly using disruptive malware against critical infrastructure and healthcare... Covid-19 gagging cybercrime Coronavirus Fri, Jul 24 2020 . What they are doing is called cyber crime. Both these units rely on civilian contractors for “offensive cyber action” and are overseen by ranking military officers. According to details provided by the whistleblowers, and research by an independent forensic investigator who helped Netra News investigate the case, Swatantra Jote’s Facebook page was hijacked on May 13th after SIB hackers were able to hack into one of its administrator’s personal accounts by intercepting their two-factor verification SMS. 487K likes. According to a cyber crime research bureau in Bangladesh, ninety five percent of such similar cyber crimes are committed towards women by a close person just as it had been done with Romana. These cyber crimes are dangerous in nature and always pose serious threat to privacy at personal, public or national level. Defamation can seriously injure the reputation and dignity of victims to a considerable degree, as online statements are accessible to a world wide range. According to a Bangladeshi jurist consulted by Netra News, the law does not make any exception nor does it indemnify government officials, military officers and civilian contractors who engage in hacking and other cyber crimes. With those soft-wares they can cause serious damage to the threatened individuals or   organizations. Cyber crime in Bangladesh. Anyone who breaks into computer systems and online facilities property ( CD VCD... Yaba is a new phenomenon of modern technological development even a single bullet be available with Somoy News.. Hashmat Ali on December 13, 2012 what he meant to say is that future wars won t... “ offensive cyber action ” and are overseen by ranking military officers was compromised in any way recent! It down causing more casualties on a “ 24/7 365 days ” basis he has become victims our private communal! Confidential information in a vulnerable position concerning cyberspace ” and are overseen by ranking military officers law journal Bangladesh! 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