Cyber Security law in Bangladesh

CYBER
SECURITY
IN

BANGLADESH

ANEEK
R.
HAQUE

BARRISTER
AT
LAW

ADVOCATE,
SUPREME
COURT

BANGLADESH

Crime
1.0

In
1908,
Henry
Ford
brought
aﬀordable
cars
and

this
technology
was
immediately
used
by

Criminals
for
robbing
and
geSng
away.

Aneek
R.
Haque

Crime
2.0

Fast
forward
a
100
years,

Enter
the
computer
age

And
voila,
Crime
2.0
is
here

i.e.
High
tech
crime
using

Computers
&
computer

Networks.

Aneek
R.
Haque

A cyber-crime is estimated to take place every
20 seconds...

Over 500,000 web pages contain some form of
hacker tool

Aneek
R.
Haque

What is Cyber crime: Definition (1)
Council of Europe

•  Criminal offences committed against or
with the help of computer networks
•  Offence against the confidentiality, integrity
and availability of computer data and
systems.

Aneek
R.
Haque

What is Cyber crime: Definition (2)
Cyber Crime Convention

•  Offences against computer data and
systems
- Illegal access
- Illegal interception
- Data interference
- System interference
- Misuse of devices

Aneek
R.
Haque

What is Cyber crime : Definition (3)

•  General
crimes
by
using
new
technologies

-‐
Defama[on

•  New
crimes
using
Internet-‐based

technologies

-‐
Fraud
on
on-‐line
trade

•  A9acks
upon
the
computer
systems
and

networks
themselves

-‐
Illegal
access

Aneek
R.
Haque

A
characterisa[on
of
cybercrime
&

cyber
security
incidents

Primary
scope

of
interest
for

n/g
CERTs

Non
inten[onal
ICT
security
incidents

Disasters;
Technical
failure;
Human
error

Inten=onal
ICT
a9acks
against
the
confiden=ality,
availability
and

integrity
of
ICT
(“Type
I”)

State
Actors;
Non-‐state
actors;
Terrorists;
Criminals;
Aâcks
against
CIIP;

Other
aâcks
against
ICT

Primary
scope
of

interest
for
LEAs

Offences
by
means
of
ICT
(“Type
II”)

Fraud;
Child
Exploita[on;
IPR
the`

Offences
involving
ICT
(“Type
III”)

Any
offence
where
electronic
evidence
is
involved

Aneek
R.
Haque

Bangladesh
Cyber
law

•  Informa[on
and
Communica[on
Technology
Act

2006

•  Pornography
Control
Act
2012

•  Indecent
Adver[sement
Prohibi[on
Act
1963

•  Bangladesh
Telecommunica[on
Regula[on
Act

2001

Aneek
R.
Haque

ICT
Act
2006

Sec[on
54
to
67
of
the
ICT
Act
2006
describe
the
cybercrimes

both
civil
and
criminal
ma^ers.
The
followings
shall
be
treated

as
crime;

•  Unauthorized
copying,
extrac[ng
and
downloading
of
any

data,
database

•  Introduc[on
of
virus

• 
Damage
and
disrup[on
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

Aneek
R.
Haque

ICT
Act
2006

•  Tampering
computer
source
documents

•  Electronic
forger
for
the
purpose
of
chea[ng
and
harming

reputa[on

•  Using
a
forged
Electronic
record

•  Publica[on
of
digital
signature
cer[ficate
for
the
fraudulent

purpose

•  Confisca[on
of
computer,
network
etc

•  Publica[on
of
informa[on
which
is
obscene
in
electronic
form

•  Misrepresenta[on
and
suppressing
material
facts
for
obtaining

digital
signature
cer[ficate

•  Breach
of
confiden[ality
and
privacy

•  Publishing
false
digital
signature
cer[ficate

Aneek
R.
Haque

ICT
Act
2006

Sec[on
57:

•  57.
Punishment
for
publishing
fake,
obscene
or
defaming

informa=on
in
electronic
form.-‐-‐

•  (1)
If
any
person
deliberately
publishes
or
transmits
or
causes
to
be

published
or
transmiêd
in
the
website
or
in
electronic
form
any

material
which
is
fake
and
obscene
or
its
effect
is
such
as
to
tend
to

deprave
and
corrupt
persons
who
are
likely,
having
regard
to
all

relevant
circumstances,
to
read,
see
or
hear
the
maêr
contained
or

embodied
in
it,
or
causes
to
deteriorate
or
creates
possibility
to

deteriorate
law
and
order,
prejudice
the
image
of
the
State
or

person
or
causes
to
hurt
or
may
hurt
religious
belief
or
ins[gate

against
any
person
or
organiza[on,
then
this
ac[vity
of
his
will
be

regarded
as
an
offence.

•  (2)
Whoever
commits
offence
under
sub-‐sec[on
(1)
of
this
sec[on

he
shall
be
punishable
with
imprisonment
for
a
term
which
may

extend
to
ten
years
and
with
fine
which
may
extend
to
Taka
one

crore.

Aneek
R.
Haque

Pornography
Control
Act
2012

Pornography
is
any
dialogue,
ac[ng,
posture,
unclothed

or
par[ally
unclothed
dance
in
cinema,
video,

photography,
graphics,
audio-‐visual
image
or
imagery

otherwise
captured
and
displayable,
which
causes
sexual

arousal
and
has
no
ar[s[c
or
educa[onal
value.
Also,

such
books,
magazines,
sculptures,
cartoons
and
leaﬂets

which
cause
the
sexual
arousal,
and
their
nega[ves
and

so`
copies
would
also
be
considered
pornography.

any
person
convicted
under
the
above
men[oned

oﬀences
can
be
sentenced
up
to
7
(seven)
years
of

imprisonment.

Aneek
R.
Haque

Pornography
Control
Act
2012

The
Act
has
a
separate
sec[on
for
child

pornography
and
for
this
act
any
person
below

the
age
of
18
is
a
child
and
any
pornography

recording,
pictures
with
a
child
being
filmed
will

carry
a
sentence
of
10
years
imprisonment
and

five
lac
taka
fine.
Few
other
feature
of
the
Act
is

that
it
empowers
the
Court
to
take
expert

opinion/help
from
IT
experts
and
empowers
the

Inves[ga[on
Officer
to
siege
or
search
any

device,
book,
CD
etc.
as
evidence.

Aneek
R.
Haque

The
Bangladesh
Scenario

•  Malicious
Mail
to
Foreign
Diploma[c
Mission

and
Other
VIPs

•  Pornography

•  Use
of
e-‐mail
for
illegal
ac[vi[es

•  Use
of
Internet
for
transmiSng
false
and

malicious
informa[on

•  Use
of
Internet
for
Pros[tu[on

•  Use
of
Internet
for
Women
&
Child
Traﬃcking

Aneek
R.
Haque

Illegal
Pros[tu[on
Promo[on
Sites

from
Bangladesh

n  Search
result
from
Google

n  Bangladesh
Escorts:
Free
Personals
and
Reviews
of
Bangladesh
...

n  Welcome
to
Bangladesh
Escort
Agency.
It
is
an
adult
entertainment

agency
of
Dhaka,
Bangladesh
that
specializes
in
providing

personalized
fun
and
...

www.sexyescortads.com/escorts/female/bangladesh/
-‐
61k
-‐

Cached
-‐
Similar
pages

n  Dhaka
Escorts

n  escort
girls
available
for
you
in
Dhaka,
Bangladesh.
...
Hey
this
is

Raﬁ
from
Dhaka
Bangladesh.Independent
male
escort
for
the

lonely,
bored
of
life
ladies
...

www.sexyescortads.com/search/Dhaka_escorts.html
-‐
34k
-‐

Cached
-‐
Similar
pages

Aneek
R.
Haque

Illegal
Pros[tu[on
Promo[on
Sites

from

Bangladesh

•  Search
results(2115
proﬁles
in
BANGLADESH)

•  h^p://www.hornymatches.com/geolist.php

•  ISHURDI
BANGLADESH
Independent
Escorts,
Escort

Agency,
and
Massage
...

•  ISHURDI
SexyDepo.com
has
independent
escorts
and

massage
providers
in
Bangladesh
and
Interna[onal.

We
have
several
regions
in
Barisal,
Bhola,
Bogra,
...

maine.topescortreview.com/html/area/Bangladesh/

Bangladesh-‐ISHURDI-‐escorts-‐escort-‐massage-‐incall-‐
outcall.htm
-‐
17k
-‐
Cached
-‐
Similar
pages

And
to
say
nothing
about
the
Facebook
pages
and
groups

etc.

Aneek
R.
Haque

ISP’s
Role
&
Responsibility

ISPs
have
a
unique
posi[on
and
possibility
of

promo[ng
the
exercise
of
and
respect
for

human
rights
and
fundamental
freedoms
&

prevent
the
oﬀences
above.

as
a
general
rule
intermediaries
in
the

communica[on
chain
should
not
be
held
liable

for
content
transmi^ed
through
their
services,

except
in
certain
limited
circumstances.

Aneek
R.
Haque

•  Ensure
that
your
customers
have
access
to
informa[on
about
poten[al
risks

to
their
rights,
security
and
privacy
online,
including
informa[on
on
what

you
are
doing
to
help
your
customers
counter
those
risks.
Provide

informa[on
about
available
tools
and
so`ware
that
your
customers
may

use
to
protect
themselves
further.

•  Provide
informa[on
or
link
to
informa[on
about
risks
of
encountering
or

contribu[ng
to
the
dissemina[on
of
illegal
content
on
the
Internet
as
well

as
the
risks
for
children
of
being
exposed
to
harmful
content
or
behaviour

when
they
are
online.

•  If
appropriate,
explain
what
you
are
doing
to
protect
your
customers
against

security
risks.
Such
risks
may
concern
data
integrity
(viruses,
worms,
trojans,

etc.),
conﬁden[ality
(e.g.
when
making
transac[ons
online),
network

security
or
other
risks
(e.g.
phishing).

•  Raise
your
customers’
awareness
or
link
your
customers
to
further
informa[on
on

how
to
counter
risks
to
their
security
on
the
Internet.

Aneek
R.
Haque

•  Make
sure
any
filtering
or
blocking
of
services
carried
out
is
legi[mate,
propor[onal

and
transparent
to
your
customers

•  In
respect
of
filtering,
blocking
or
removal
of
illegal
content,
you
should
do
so
only

aèr
a
verifica[on
of
the
illegality
of
the
content,
for
instance
by
contac[ng
the

competent
law
enforcement
authori[es.

•  Inform
your
customers
about
your
general
policy
dealing
with
complaints
on

alleged
illegal
content
you
might
be
hos[ng.
Give
clear
indica[ons
to
the
general

public
on
how
to
complain,
and
to
your
customers
on
how
to
respond
to
such

complaints.

•  Although
you
will
not
be
expected
to
provide
advice
on
what
content
or
behaviours

are
illegal
and/or
harmful,
you
could
usefully
give
informa[on
to
teachers
and

parents
on
risks
to
children
when
using
applica[on
services
provided
by
you
(chat

rooms,
message
boards
etc.),
in
par[cular
the
risks
of
encountering
harmful

content
or
behaviour
(grooming,
bullying,
etc.)
when
using
your
services.

•  If
you
provide
content
services
to
your
customers,
such
as
web
based
informa[on

or
news
services,
consider
offering
users
a
right
of
reply
allowing
the
rapid

correc[on
of
incorrect
informa[on

Aneek
R.
Haque

•  Establish
appropriate
procedures
and
use
available
technologies
to
protect
the

privacy
of
users
and
secrecy
of
content
and
traffic
data,
especially
by
ensuring
data

integrity,
confiden[ality
as
well
as
physical
and
logical
security
of
the
network
and

of
the
services
provided
over
the
network.
The
level
of
protec[on
should
be

adapted
to
the
type
of
service
you
provide
accordingly.

•  Offer
further
informa[on
and
guidance
to
your
customers
about
the
technical

means
they
may
use
to
protect
themselves
against
security
risks
to
data
and

communica[ons
(such
as
an[-‐spyware
so`ware
tools,
firewalls,
encryp[on

technology
or
digital
signatures,
etc.).

•  When
ac[ng
with
regard
to
the
communica[ons
of
users
(for
example
by
allowing

the
intercep[on
or
monitoring
of
users’
e-‐mails)
such
ac[on
should
only
be

undertaken
in
case
of
a
legal
duty
to
do
so,
on
specific
orders
or
instruc[ons
from
a

competent
public
authority
made
in
accordance
with
the
law.

•  Do
not
to
reveal
the
iden[ty
of
users,
their
traffic
data
or
the
content
of
data

accessed
by
them
to
a
third
party,
unless
under
a
legal
duty
to
do
so
or
following

specific
orders
or
instruc[ons
from
the
competent
public
authority
made
in

accordance
with
the
law.

Aneek
R.
Haque

•  Inform
your
customers
in
which
circumstances
you
are
under
a
legal
duty
to

reveal
their
iden[fica[on,
connec[on
or
traffic
data
by
request
from
law

enforcement
agencies
etc.
Such
informa[on
could
par[cularly
be
provided
by

associa[ons
of
ISPs
to
whom
you
might
want
to
link.
If
you
receive
a
request
to

disclose
such
data,
make
sure
to
check
the
authen[city
of
the
request
and
that

it
is
made
by
a
competent
authority
in
accordance
with
the
law.

•  Do
not
collect,
process
or
store
data
about
users,
unless
this
is
necessary
for

explicit,
specified
and
legi[mate
purposes
in
accordance
with
data
protec[on

laws.
Do
not
store
data
for
longer
than
required
by
law
or
than
is
necessary
to

achieve
the
purpose
of
processing
of
the
data.

•  Do
not
use
personal
data
on
users
for
your
own
promo[onal
or
marke[ng

purposes
unless
the
user
concerned,
aèr
having
been
informed,
has
given
his

or
her
consent
and
this
consent
has
not
been
revoked.
Do
not
make
personal

data
publicly
available!
Such
publica[on
may
infringe
other
people’s
privacy

and
may
also
be
prohibited
by
law.

Aneek
R.
Haque

Cyber Security law in Bangladesh

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