Society & Change

Vol. VIII, No. 1, January-March 2014

ISSN :1997-1052 (Print), 227-202X (Online)

Combating Cybercrime in Bangladesh:

National and International
Legal Frameworks
Mohammad Mamunur Rashid*
Sharmin Akter**
Abstract
Technology driven crime, more generally known as Cybercrime1 , has
become grievous pus in the unceasing progression of science, technology
and engineering. It is now a worldwide phenomenon as the scientists,
engineers and law enforcing agencies are getting very serious regarding
security and safety of mass use of technological equipment specially
computer and internet. The patterns of committing cybercrimes are
constantly changing. Hence, brunt of this heinous technological crime is
also inconsiderably affected Bangladesh with its mass wave throughout
the globe. Due to urgency of high cost of security enhancement protocol
and legitimate software, developing countries like Bangladesh cannot
enforce strict law regarding cybercrime and, investigation of cybercrime,
collection of evidence for prosecuting cybercriminals require adept
specialist with adequate training and budget. Moreover, preventing this
sort of high-tech crime requires international cooperation with national
initiatives. This article will argue that the cybercrime will not be
prevented by only national initiative without cooperation from
international arena even if the crime is committed in the computer
located in Bangladesh. It will also argue that national law is more
responsible to prevent this crime as the domestic law is capable to
supersede the international laws. In doing so, it will try to suggest for
accommodating harmonized, universally standard, and cooperative laws
as well as policies considering the national and international politics
with the diplomatic hands.
Key Words: Cybercrime in Bangladesh, Global effort, Legal, National
Effort.
*
Senior Lecturer, Faculty of Law, Eastern University, Bangladesh
**
Lecturer, Faculty of Law, Eastern University, Bangladesh
1
"Computer crime." Wikipedia: The Free Encyclopedia. Wikimedia Foundation, Inc.
20 June 2014 .Web. 3 Jul. 2014 . >http://en.wikipedia.org/wiki/Computer_crime>.
48
 Society & Change
Vol. VIII, No. 1, January-March 2014

―Human beings are vulnerable so rule of law is required to protect them

[the human beings]‘. Applying this [principle] to the cyberspace [,] we
may say that computers are vulnerable so rule of law is required to
protect and safeguard them [computer] against cybercrime.‖2
Introduction
Having entrusted with the fundamental traits of conventional crime,
Technology driven crime, more generally, cybercrime3 has achieved the
status to be crime maintaining some differentiations from the traditional
and theoretical definition of crime and criminal punishment. It is also
committed by specific act or omission amounting into breach of rules
and hence it is backed by sanction as well.4 It was not long ago when the
various activities i.e. Hacking, Circulating Viruses and so on were
considered as merely fun. Now this is considered as great threat for the
computer, technology and mostly security systems (of a country which
almost reserve all information of security system in the computer or
security system is regulated by the computer for its better protection).
Moreover, it has been accelerating because of the expertise of the people
who are operating the full matters keeping mens rea. In addition to these,
this uniquely dangerous crime is committed by some professional or
organized groups of criminals having equipped with enough expertise of
cutting edge technology mostly for monetary benefits in an unauthorized
way. Practically, computer crime possesses some unique challenges to
the law enforcing agencies, investigators and prosecutors because the
cyberspace5 has no geographical boundaries. It can be done by computer
criminals from anywhere of the world. Besides this, commission of this
crime is possible anonymously hiding the identity of criminals in order to
evade detective force. Recently the law enforcing agencies are trying to
oversee the anonymous cyber criminals but they are facing unique
technical and legal challenges to conduct their activities.6 Because of the
global nature of the cybercrime, determining the jurisdiction for
prosecuting this crime is also big ramification. Considering the
2
Haque, Aneek R., Cyber Security in Bangladesh. N.p., n.d. Web. 6 January, 2014.
Visit for details: www.bdnog.org/v2/conference_paper/Cyber_Security.pdf.
3
"Computer Crime." Wikipedia: The Free Encyclopedia, Wikimedia Foundation,
Inc. visit for details: http://en.wikipedia.org/wiki/Computer_crime.
4
Khalid, A. (n.d.). Cyber Crime and Bangladesh Perspective [online] Academia.edu,
visit for details:
http://www.academia.edu/4488760/Cyber_Crime_and_Bangladesh_Perspective
Accessed on 16 January, 2014.
5
"Cyberspace." Wikipedia: The Free Encyclopedia. Wikimedia Foundation, Inc..
http://en.wikipedia.org/wiki/Cyberspace.
6
Aldesco, Albert I. "Demise of Anonymity: A Constitutional Challenge to the
Convention on Cybercrime, The." Loy. LA Ent. L. Rev. 23 (2002): 81.
49
Combating Cybercrime in Bangladesh

worldwide spread of this crime and challenges to control it, major

international organizations, like the Organization for Economic Co-
operation and Development (OECD) and the G-8 have been seriously
discussing for cooperative schemes where many countries have not been
showing the interest of combating this crime urgently for, inter alia,
different approach of the different nation to piracy, espionage or social
phenomenon. However, the objective of this article is to find out what
roles should be played by Bangladesh to strengthen the initiative for
preventing the cybercrimes. In doing so, it would try to show why
Bangladesh might not be capable to control the cybercrime without
cooperation of the international community.
Definition of Cybercrime: Is it misnomer?
Cybercrime7/computer crime is defined usually as a set of ‗crimes‘ using
the computerized data or software in major aspects. The definition of
cybercrime is a complex, ever changing, and difficult but defining
cybercrime is precondition for commencing investigation, prosecution,
and above all raising awareness among the citizenry about the impact
and worldwide dangers of this crime in order to assist the stakeholders.
Surprisingly we cannot make any exhaustive definition of it irrespective
of country, nation or place of occurrence.8 The FBI (Federal Bureau of
Investigation) defined cybercrime as cyber-terrorism which is pre-
planned and politically motivated aggression against information,
technology and computer system.9 If we try to define cybercrime more
broadly then we have to define it thus ‗cybercrime is the illegal behavior
committed by means of or in relation to a computer system or network
by possessing, offering or distributing information by means of computer
system or network.10 Grabosky defined it, to some extent, similar to the
conventional crime. He argued ‗cybercrime is simply old wine in a new
bottle‘.11

7
"Computer crime." Wikipedia: The Free Encyclopedia. Wikimedia Foundation,
Inc, 20 January, 2014Visit for details: http://en.wikipedia.org/wiki/Computer_
crime.
8
Siddiqui, M . S., The Financial Express, 2013., titled: 'ICT Act And Freedom Of
Expression', 29 September, 2013, see for details:
http://www.thefinancialexpress,bd.com/old/index.php?ref=MjBfMDlfMjlfMTNf
MV85Ml8xODUxMDM=
9
Janczewski, Lech, and Andrew M. Colarik, (eds.), Cyber warfare and Cyber
Terrorism, IGI Global, 2008.
10
"Cyber Crime In Contemporary World Information Technology Essay,"
UKessays.com. 11 2013, All Answers Ltd. 07 2014,
See for details: http://www.ukessays.com/essays/information-technology/cyber-
crime-in-contemporary-world-information technology- essay.php?cref=1.
11
Grabosky, P.N., Virtual criminality: Old wine in new bottles?, Social and Legal
Studies, (2001), (10:2), pp. 243-249:243.
50
 Society & Change
Vol. VIII, No. 1, January-March 2014

Definition will be clearer if we consider the popular classification of

cybercrime made by Goodman. These are:12
a. Crimes Where a Computer is the Target
In this case, computer of innocent individual might be intruded by
criminal‘s computer as a target object of the cybercrime. Trespass,
vandalism, sabotage, theft of intellectual property, extortion based on
threats to release information stolen from a target's computer system,
terrorist activities threatening for political purposes and so on might be
example of this type of crime.
b. Crimes Where a Computer is a Tool of the Crime
Computer might be used as tool for committing crime. In this respect,
actually crime is prevalent for the time immemorial, now computer is
used as tool to commit those historical crimes. For instance, creation of
counterfeit currency or official documents using computer scanners and
graphics programs, embezzlement using a computer to skim very small
sums of money from a large number of accounts, distribution of child
pornography on the internet, theft of digital property and so on. Similarly
fraud, hate crimes, stalking, gambling, and money laundering might also
be committed through the internet where computer is used only as tool.
c. Crimes Where a Computer is Incidental
In this case, commission of crime does not require computer, it takes
mere assistance from the computer for accomplishing any activity which
is related to that cybercrime. For instance, the records of financial
expenses and transaction of the drug dealer have been stored in the
computer or inculpatory bomb recipe is discovered from the computer
hard drive after explosion of its neighboring town.
Cybercrime simply relates to the damages or losses on the computer
or technology not to society or the elements of the society, the human
beings. From traditional perception it might appear to us as no crime at
all. Practically the individual operating the computer or technology
misuses it to lose on the other‘s computer and he has mens rea or
malafide intention. The impact of this occurrence ultimately affects the
society and human security in every aspect. Consequently it requires to
be deemed as crime for protecting the human beings from digital
catastrophe for warranting more civilized and enjoyable society. The
traditional belief of existence of sanction for the crime is also present in
case of cybercrime. As a result, cybercrime is crime, there is no
misnomer.
12
Goodman, Mar c D. "Why the police don't car e about computer crime." Harv. JL
& Tech. 10 (1996): p. 465
51
Combating Cybercrime in Bangladesh

History and Background of Cybercrime in Bangladesh

Computer and technology usage in Bangladesh is very recent and ipso
facto, cybercrime has not been familiar in Bangladesh for the
considerable time as it is unthinkable without emergence of Internet;
internet usage has begun in Bangladesh since early 1990s. It has started
its journey by commencing dialup access to e-mail using the Bulletin
Board Systems (BBSs) for the first time when the number of users was
not more than about 500. It conducted its business of internet service
using the kilobyte for charging from the users and transfer of e-mail from
one service provider to the rest of the world by international dialup;
UUCP.
To accelerate the internet service, Government invited applications
for subscribing the Very Small Aperture Terminal (VSAT).13 On June 4,
1996 the VSAT connection was commissioned and the internet was
launched in Bangladesh for the first time. Surprisingly, the first practical
application of the internet in national arena was processing the
publication of the National polls Result in 1996.14
Initially internet could not attract people due to the unavailability of
the computer and scarcity of knowledge of the people regarding the
utility of the internet and compute. It could also not draw the attention of
the people as the price of computer was illogically high and unaffordable
for them due to monopoly of the IPSs (internet service providers). It
achieved the tremendous speed in increasing the users in 1997 as the
number of ISPs increased; the amount of users and ISPs were
approximately ten and twelve thousands respectively on that year. Later
on, it developed and spread out more throughout the country for the
various policies taken by the ISPs industries basically.
The government of Bangladesh has adopted more liberal national
policies for a sustainable and rapid growth of the ISPs industry and as a
result we had 180 ISPs by 2005.15 In 2006, Bangladesh got connected
with Submarine Cable (SEA-ME-WE 4 Submarine Cable) which
afforded big bandwidth and low cost service than ever before. 16 After

13
"Very-small-aperture terminal." Wikipedia: The Free Encyclopedia. Wikimedia
Foundation, see for details: http://en.wikipedia.org/wiki/Very-small-aperture_
terminal>
14
Hamidur Rashid, Internet History of Bangladesh, last visited 01.10.2009
<http://ezinearticles.com/?Internet-Histor of- Bangladesh&id=2327010.
15
"Internet in Bangladesh." Wikipedia: The Free Encyclopedia. Wikimedia
Foundation, Inc. 17 January, 2014 http://en.wikipedia.org/wiki/Internet_in_
Bangladesh >
16
Kamal, Mohammad Mostufa, et al, Asian Social Science 8.15 (2012), titled:
"Nature of Cyber Crime and Its Impacts on Young People: A Case from
52
 Society & Change
Vol. VIII, No. 1, January-March 2014

this, Bangladesh Telecommunications Company Ltd., BTCL (Now

BTRC, ‗Bangladesh Telecommunication Regulatory Commission‘)
reduced the bandwidth price at regular intervals which attracted more
and more users towards the internet world. As of now, BTRC has about
three hundred and forty five (ISP Natiowide-94, ISP Central Zone-79,
ISP Zonal-53, ISP Category A-99, ISP Category B-16, ISP Category C-
04) registered ISP license holders and there are approximately 4.5
million users connected to them which is about 0.32% of our total
population.17
The number of internet subscriber in Bangladesh grew from 186,000
in 2000 and to 617300 in 2009 successively. By 2011, the number of
Internet users in Bangladesh had seen phenomenal growth of over 900%
bringing the total number of users to 5,501,609 (3.5% of the total
population) mainly due to wide availability of mobile Internet access. In
2013, Internet users in Bangladesh increased to 33 million. The
Internet‘s speed in Bangladesh is not also among the fastest in the world
but it has significantly developed in the recent past. As of April 2014,
Bangladesh ranked 138th out of 190 countries on the Household
Download Index by Net Index.18
This is the historical background of the computer and technology
usage in Bangladesh. This unprecedented increase of the usage of
computer and technology in the modern times posed the possibility of
creating the way of various cybercrimes. This tendency has been well-
founded on the basis of various recent examples. It is undoubtedly
evident that Bangladesh has been deeply affected by cyber criminals.
Attack in RAB‘s website in 2008 by a local hacker named Shahi Mirza
was a major demonstration to the trepidation regarding accumulation of
organized cybercriminals. Moreover, the felon confessed to police that
not only RAB‘s website but also other national, government and
nongovernment, and international site had been hacked by him for a long
time. Totally he hacked 21 websites together with Army‘s website. So it
is clear to us that the cyberspace of Bangladesh is not secured.19 With the
spontaneous and almost phenomenal growth of cyberspace, new and
ticklish issues relating to various legal aspects of cyberspace began
cropping up. In response to the absolutely complex and newly emerging

Bangladesh": p.171.
17
Summary of- BTRC licenses, Last visited 06.09.2009http://www.btrc.gov.bd/
licensing/operators/summary_of_licenses.pdf
18
Ibid.
19
Hasan, Md Mehedi. Nilakas-duronto.blogspot.hk. N, titlted:'Nil Akas: Cyber
Law And Its Weakness: Bangladesh Perspective'. .p. 2011,
53
Combating Cybercrime in Bangladesh

legal issues relating to cyberspace, cyber law or the Law of internet came
into existence in Bangladesh.20 Information, Communication and
Technology (ICT) Act 2006 was the first milestone towards peoples‘
concern regarding cybercrime in Bangladesh. Apart from ICT Act,
Pornography Control Act 2012 and Copyright Act 2000 are some giant
leap towards ameliorating cybercrime threat.
International Legal Frameworks Combating Cyber Threat:
Due to intricacy of cybercrime, the law and enforcing agencies are
encountering daunting challenges to control the cybercrime. Hence, it
requires the national and international cooperative initiatives to control it
properly. Many countries are trying to accomplish under the shelter of
many international organizations. We are discussing these first. Then we
will concentrate our discussion to the national initiative of Bangladesh to
protect the computer and technology from the attack of cybercrime.
In 1997, the Group of Eight (G8) established a ―Subcommittee on
High-Tech Crimes‖, dealing with the fight against cybercrime. 21It
adopted ten principles and ten action plan to fight against the cybercrime
and destroy probable ways of committing this crime. It urges to maintain
the cooperation between and among the member-states to regulate the full
prosecution process even it from the investigation stage. It enlisted some
crimes (child pornography, hacking and blocking websites, and so on) as
major concern. It also settled a place of common communication for the
member state to prosecute this crime.
The United Nations has undertaken several important approaches to
address the challenges of cybercrime. It adopted resolution which
addressed child pornography, anything done for child pornography
significantly,22 and it developed action oriented policy to prevent this
crime.23 It also invited the members to take step, law, policy,24 maintain

20
"Weakness Of Cyber Law In Bangladesh Information Technology Essay."
UKessays.com. 11 2013.
See for details: http://www.ukessays.com/essays/information-technology/
weakness-of-cyber-law-in-bangladesh-information-technology-
essay.php?cref=1.
21
Gercke, Marco, "Understanding cybercrime: Phenomena, challenges and legal
response," International TelecommunicationUnion (2012).
22
Article 2, 3 of the resolution of the UNGA 45/12, see for details:
http://www.un.org/documents/ga/res/45/a45r121.htm, last visited on: 24th
January, 2014.
23
UNGA Resolution 45/121g v, see for details: http://www.un.org/documents/ga/
res/45/a45r121.htm, laste visited: 24th January, 2014.
24
UNGAA Resolution 56/12, see for details: https://www.itu.int/ITU-D/cyb/
cybersecurity/docs/UN_resolution_56_121.pdf, last visited: 23rd January, 2014.
54
 Society & Change
Vol. VIII, No. 1, January-March 2014

international cooperation to prevent this crime.25 Moreover, it established

Working Groups of the United Nations Counter-Terrorism
Implementation Task Force (CTITF) on September, 2006 to
accommodate the member states to pledge their cooperation to combat
cybercrime in national and international arena. In this pledge, the CTITF
formed the Global Counter-Terrorism Strategy which detailed the aims
of this working group including the countering of financing toward
terrorism.26
In 2011, the CTITF shifted their focus on the aim to "bring together
stakeholders and partners on the issue of the abuse of the Internet for
terrorist purposes, including through radicalization, recruitment, training,
operational planning, fundraising and other means".27 Under the
UNODC, the NGO and Society for the Policing of Cyberspace
(POLCYB) use international network to influence public and private
organizational levels in aspects such as prevention, research and anti-
corruption of cybercrime.28
International Telecommunication Union (ITU) works for modeling
international policy on Global Cyber security Agenda and it thus
promotes its main goals of using model legislation such as that of the
Budapest Convention on Cybercrime for Member States and creating a
Cyber Security Readiness Index.29 The UN Economic and Social Council
(ECOSOC) adopted resolutions, 2004/2630 titled "International
Cooperation in the Prevention, Investigation, Prosecution and
Punishment of Fraud, the Criminal Misuse and Falsification of Identity
and Related Crimes." This resolution detailed the illegitimacy and
classification of identity theft or fraud.31
The Council of Europe is playing an active role in addressing the
challenges of cybercrime. The European Committee on Crime Problems

25
UNGA Resolution 57/239 and 58/199, see for details: https://www.itu.int/ITU-
D/cyb/cybersecurity/docs/UN_resolution_58_199.pdf and last visited: 23rd
January, 2014.
26
Ki-moon,Ban., Berger, Maria., Costa, A. Maria and Orr , Robert (2007, May). ,
Advancing the Implementation of the United Nations Global Counter-Terrorism
Strategy. Symposium conducted at the meeting of United Nations Office on
Drugs and Crime, Vienna International Centre, Austria.
27
Un.org, '‘Working Group On Countering The Use Of The Internet For Terrorist
Purposes - Counter-Terrorism Implementation Task Force'.
28
Ibid.
29
Butani, Anita, Bryan Chao, and Ninteenth Annual Session. "Commission on
crime prevention and criminal justice." (2002): 9.
30
Besides these it adopted 10, 149, 45, 50, 52, and 58 resolutions which have
definitely addressed the IT issues.
31
edisonmun.files.wordpress.com/2011/05/cyber-terrorism.doc
55
Combating Cybercrime in Bangladesh

(CDPC) decided in 1996 to set up a committee of experts to deal with

cyber crime.32It recommends the governments of member states to adopt
the appropriate laws and policies for combating the cybercrimes.
Over the past decade, the European Union (EU) has developed
several legal instruments addressing aspects of cybercrime. While those
instruments are in general only binding for the 27 Member States, several
countries and regions are using the EU standards as a reference point in
their national and regional discussions on harmonization of legislation. 33
The EU Directive on Electronic Commerce addresses, among other
issues, the liability of Internet Service Providers (ISPs) for acts
committed by third parties. Taking into account the challenges stemming
from the international dimension of the network, the drafters decided to
develop legal standards to provide a framework for the overall
development of the information society and to support overall economic
development as well as the work of law-enforcing agencies. 34 In 2000,
the Council of the European Union undertook an approach to address
child pornography on the Internet.35 It urges for the cooperation,
constructive dialogue, and mutual communication among the member-
states to fight against the cybercrime.36 In 2001, the EU adopted the first
legal framework directly addressing aspects of cybercrime. 37 It
encourages government of member-state to take initiative to oblige the
uses of the computer without deleting, altering the computer data and the
attacking on the systems of the program.
In 2005, the Council adopted the EU Data Retention Directive. It
contains an obligation for ISPs to store certain traffic data that are
necessary for the identification of criminal offenders in cyberspace. 38
The first cybercrime-related draft legal framework presented after the
ratification of the Treaty of Lisbon was the proposal for a Directive on
32
Archick, Kristin. "Cybercrime: The council of Europe convention."
Congressional Research Service, Library of Congress, 2005.
33
Ibid.
34
Id.
35
Opinion of the Economic and Social Committee on the "Proposal for a Decision
of the European Parliament and of the Council amending Decision No
276/1999/EC adopting a multiannual Community action plan on promoting safer
use of the Internet by combating illegal and harmful content on global networks"
(COM(2002) 152 final — 2002/0071 (COD)) < http://eur- lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX:52002AE1012>
36
Article 2,3,4, and 5, of the
37
2001/413/JHA: Council Framework Decision of 28 May 2001 combating fraud
and counterfeiting of non-cash means of payment, Official Journal L 149 ,
02/06/2001 P. 0001 – 0004 < http://eur-lex.europa.eu/legal- content/EN/TXT/?
uri=CELEX:32001F0413>
38
Ibid.
56
 Society & Change
Vol. VIII, No. 1, January-March 2014

Combating the Sexual Abuse and Sexual Exploitation of Children and

Child Pornography 1200 that was adopted in 2011.39 The Asia-Pacific
Economic Cooperation (APEC)40 has identified cybercrime as an
important field of activity, and APEC leaders have called for closer
cooperation among officials involved in the fight against cybercrime.
Taking into account the rising importance of cybercrime, the Law
Ministers of the Commonwealth countries decided to order an expert
group to develop a legal framework for combating cybercrime on the
basis of the Council of Europe Convention on Cybercrime. 41 The
Commonwealth Network of IT and Development (COMNET-IT) co-
organized training on cybercrime in April 2007.42 During the extra-
ordinary conference of the African Union Ministers in charge of
Communication and Information Technologies which was held in
Johannesburg in 2009, the ministers of the member states addressed
various topics related to the increasing use of ICT in the African country.
43
In 2011, the African Union presented the Draft African Union
Convention on the Establishment of a Credible Legal Framework for
Cyber Security in Africa. The Convention is more comprehensive than
the most other regional approaches. It contains four parts. Part-one is
related to electronic commerce. The second-part deals with data
protection issues. The third part is related to combating cybercrime. The
fourth part is dedicated to national cyber security monitoring structures.44
A number of countries in the Arabic region have already undertaken
national measures and adopted approaches to combat cybercrime, or are
in the process of drafting legislation. Examples of such countries include
Pakistan, Egypt and the United Arabic Emirates (UAE). In order to
harmonize legislation in the region, UAE submitted model legislation to
the Arab League (Guiding Law to Fight IT Crime).45
The Organization of American States (OAS) has actively been
addressing the issue of cybercrime since 1999 within the region. Among
39
Id.
40
Yamazawa, Ippei. Asia Pacific economic cooperation. Blackwell Publishing Ltd,
2011.
41
Chambers-Jones, Clare. "Cyber economic crime and commonwealth laws."
International Journal of Intellectual Property Management 6.1 (2013): 95-110.
42
Gessi, Tania, Devindra Ramnarine, and John Wilkins, (eds.), Asia Pacific
Journal of Public Administration 29.2 (2007): titled:"Introducing a New E-
Governance Framework in the Commonwealth: From Theory to Practice."
pp.131-151.
43
Ibid.
44
Orji, Uchenna Jerome, "The defects of the Draft African Union Convention on the
Establishment of a Credible Legal Framework for Cybersecurity." Cybersecurity
Summit (WCS), 2012 Third Worldwide. IEEE, 2012.
45
Ibid.
57
Combating Cybercrime in Bangladesh

others, the organization has held a number of meetings within the

mandate and scope of REMJA, the Ministers of Justice or Ministers or
Attorneys General of the Americas.46
ITU and the EU launched the project ―Enhancing Competitiveness in
the Caribbean through the Harmonization of ICT Policies, Legislation
and Regulatory Procedures‖ (HIPCAR) in December 2008, to promote
the ICT sector in the Caribbean region.47 The project forms part of the
program ―ACP-Information and Communication Technologies‖ and the
ninth European Development Fund. Beneficiary countries are Caribbean
countries. The aim of the project is to assist CARIFORUM countries to
harmonize their ICT policies and legal frameworks.48 In parallel to the
ITU and EU co-funded project in the Caribbean the same organizations
launched a project in the Pacific (ICB4PAC).49
National Legislation Combating Cyber Threat:
There was no specific law regarding cybercrime or computer crime till
2006 in Bangladesh. Here was an endeavor to prosecute the high-tech
criminals under the existing Penal Code, 1860 referring it as crime under
that law. The Information, Communication and Technology Act, 2006,
Pornography Control Act, 2012 and the Copyright Act, 2010 are special
measure for preventing the special crimes; cybercrimes.50
Sections 54 and 57 of the ICT Act describe the cybercrimes from the
civil and criminal perspectives.51 In accordance with the ICT Act, 2006, a
person damaging computer system of other,52 tampering with computer
source code,53 hacking with computer system with illegal access,54
publishing defaming, fake and obscene information in website,55 being
certified authority fails to surrender a certificate under section 34,56failing

46
Mugarura, Norman, The Global AML Framework and its Jurisdictional Limits,
Diss. University of East London, 2012.
47
Lawton, Opal. "Monitoring Caribbean information societies", LC/W 315 (2010).
48
Girvan, Norman,"Implications of the Cariforum-EC EPA," Caribbean Policy
Development Centre (2008).
49
Yoon, Chin Saik, "Asia-Pacific ICTs: An overview of diversity" Digital Review of
Asia Pacific’ http://Asia-Pacific Development Information Programme of the
United Nations Development Programme, http://Pan Asia Networking
Programme of the International Development Research Centre, http://Orbicom,
http://Southbound, http://www. digital-review. org/bhp01. htm 1 (2006).
50
Ibid.
51
Id.
52
S. 54 of the Information, Communication and Technology Act, 2006.
53
S.55, ibid.
54
S. 56, id.
55
S. 57, id.
56
S. 58, id.
58
 Society & Change
Vol. VIII, No. 1, January-March 2014

to comply with any order made under section 45,57 failing to comply any
order made under section 46,58 securing access to any system violating
section 47,59 representing anything to controller of certifying authority to
achieve the license of digital signature, or digital signature,60 disclosing
the confidentiality or privacy61, punishing a false or fake digital
signature,62 making available any certificate, license, digital signature for
fraudulent purposes,63 assisting to commit these crimes64 and being the
director, secretary, partner. Shareholder or stuff of any company
committing these crimes65 would be considered as the criminals under
this Act.
Pornography66 is a crime and it is punishable when he is convicted for
committing it without consent of the concerned individual. He may be
penalized for seven years of imprisonment as per section 8 of the
Pornography Control Act, 2012. Considering the expansion of the child
pornography, this Act contains separate provisions for the child
pornography and the imprisonment for this offense would be 10 years.
Practically, the child pornography is created by the animation or artificial
process. That is why it difficult to accuse any person for this crime.
Copyright67 Act is a milestone to fight certain kind of cybercrime
such as Piracy, Illegal distribution of media contents such as audios,
videos and documents, theft of intellectual property etc. 68 The owner of
copyright works has the exclusive right to do certain acts in respect of the
work. If any person does any of these acts without having authority, s/he
will be liable for the infringement of copyright.
57
S. 59, id.
58
S. 60, id.
59
S. 61, id.
60
S. 62, id.
61
S. 63, id.
62
S. 64, id.
63
S. 65, id.
64
S. 66, id.
65
S. 67, id.
66
Pornography is any dialogue, acting, posture, unclothed or partially unclothed
dance in cinema, video, photography, graphics, audio-visual image or imagery
otherwise captured and displayable, which causes sexual arousal and has no
artistic or educative value. Also, such books, magazines, sculptures, cartoons and
leaflets which cause the sexual arousal, and their negatives and so` copies would
also be considered pornography.
67
Section 71 of the Copyright in a work is deemed to be infringed when any person
without a license from the owner of the copyright, or the Registrar of the
copyright, or in contravention of the conditions of a license granted or any
conditions imposed by a competent authority under Act
68
Azam, M. (2006). Law and Our Rights. [online] Archive.thedailystar.net.
Available at: khttp://archive.thedailystar.net/law/2006/02/01/education.htm
[Accessed 16 Jan. 2014].
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Combating Cybercrime in Bangladesh

Combating the Cybercrime Bangladesh: National and International

and Ramification
Actually it is not our target to comparatively discuss what superb and
excellent laws are prevalent in Bangladesh and international arena to
combat the cybercrime. Here, it is objective to find out what drawback or
loopholes of these laws are creating impediments for having fruitful
impact on preventing the cybercrime. We have already discussed what
types of initiatives have been taken in both arenas. Now we would like to
discuss what drawbacks are the main and fundamental culprits in the way
forward.
Having the transnational nature,69 the cooperation between the
national and international community is predominantly required for
preventing this modern and high-tech crime. Practically, it can be
committed by anyone sitting anywhere of the world. At same time, if all
countries of the world agree to prosecute the cybercriminals except one
vested country, such heaven of the cybercriminals would destroy the
whole technological achievement of the universe accommodating the
criminals. Hence, adopting laws would be more fruitful and effective, if
Bangladesh might create the environment to cooperate with other
countries of the World. International law will not function superseding
the national laws. That the procedure of the investigation and inquiry of
the cybercrimes in national and international arena is not in harmony at
all has been creating another problem.
Offenders can, in general, target users of any country of the world.
As a result, offenders can be brought under surveillance if the
cooperation among the states‘ law enforcing agencies can be bridged
properly. Even the Investigation of the cybercrime requires means of
cooperation and issues of the harmonization of concerned laws of the
states.70
Practically national effort is more significant than the international
effort. Unfortunately the national effort of many states including
Bangladesh is not satisfactory in this respect. It may be more relevant
when we will see that one example is cybercrime in our country but it is
not crime in another country. Consequently, this crime should be
69
Maruf, Ashiquddin Mohammad, Islam, Md. Rabiul Islam, and Ahamed, Bulbul
(jointly authored), In: Northern University Journal of Law 1 (2014) titled:
"Emerging Cyber Threats in Bangladesh: In Quest of Effective Legal Remedies",
pp.112-124.
70
Schjolberg/Hubbard, Harmonizing National Legal Approaches on Cybercrime,
2005, page 5, available at: www.itu.int/osg/spu/cybersecurity/presentations/
session12 schjolberg.pdf.
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 Society & Change
Vol. VIII, No. 1, January-March 2014

prevented nationally. For instance, cyber gambling is offence in our

country. It is not offence in USA. Again the impact of the cybercrime
may also be different from country to country. For example, Spam-
related e- mails especially affect developing countries. Due to scarcer
and more limited resources, spam turns out to be a much more serious
problem in developing countries than in western countries. The
concerned affected country should take initiative. Here the developed and
western countries might not come forward. Unfortunately, it is very
much difficult for the developing country, if the offence s committed
from the developed country. Consequently, the offenders will not be
punished and the affected country might not create any diplomatic
pressure on those countries to prevent the offenders.
National initiative may face a number of problems if it tries to take
action denying the international cooperation or is obliged to take action.
In regard to traditional crimes, the decision by one country, or a few
countries, to criminalize certain behaviors of the offenders may be done
very easily. In compare to this scenario, the action taken against the
cybercriminals may not be as easily implemented as the criminals may
stand anywhere of the world. In this situation, the court and the persons
engaged with the justice system should think about the diplomatic
relation between these states, the existence of the treaty of extradition,
and specific statute of defining the cybercrime and so on. Section 4 of
ICT Act 2006, tries to elucidate the gap by enumerating inter-state
application of this Act stating that the person committing any crime
contravening this Act outside of Bangladesh using the computer located
inside or outside of Bangladesh shall be deemed as he commits crime
under this Act.
It is true, ICT Act tries to take into consideration cross-border modern
cybercrime, and this provision is not enough to adopt certain measures to
combat with such crimes of transnational character. On the contrary, if
the criminals act from a country that does not criminalize certain
behavior, international investigations as well as extradition requests will
very often fail. One of the key aims of international legal approaches is,
therefore, to prevent the creation of such safe havens by providing and
applying global standards. As a result, national initiative may require
additional extra measures which have not been even properly pondered
by Bangladesh yet.
We are crying for preventing the cybercrime to protect our security in
national, personal and international level. Sometimes, when the
government takes any step and it violates our simple personal interest
then we take it so negatively that government cannot act properly in this

61
Combating Cybercrime in Bangladesh

regard. For example, the freedom of speech is fundamental right.

Newspapers are at liberty to express their opinion and critique against the
faults of the government. Sometimes it crosses the limit. When
government tries to control such unlimited liberty, we are apathy to that
act thus the government should face the unexpected criticism. For
example, the cabinet approved the draft of the ICT (Amendment) Act-
2013 on August 19 proposing to empower law enforcers to arrest any
person without warrant and increase the highest punishment to 14 years
from minimum 7 years.71 Punishment varies from seven years
imprisonment to fourteen years imprisonment or fine may vary from five
lakh (0.5 million) to 1 crore (10 million BDT) or both. After passing this
law, Government has been encountering unexpected criticisms from the
all sectors of the citizens.
Happy news is that cyber tribunal has been established. We are in
doubt how much it will be successful to combat this crime as a session
judge or an additional session judge is empowered to preside over the
Cyber Tribunal. Ridiculously judges and lawyers are the experts of laws,
not of technology, more specifically of internet technology. Similarly the
investigation officers have no ABC knowledge on technology or internet
activities. Hence, judges, investigation officers and the lawyers should be
trained and made expert in technological knowledge for ensuring the
justice of in technological disputes. Last but not the least; the mass
people should be made aware about the cybercrimes and remedial
procedures of this harassment.72
Conclusion:
To recapitulate, it can be said that cybercrime is the global and universal
phenomenon and it has no exclusive territory to be committed. As a
result, the measure of preventing it should not be taken in isolation by
any country. For this purpose, we should determine a universal definition
of cybercrime which would be applicable for any state irrespective of
geographical location. In the same way, the laws and policies should also
be harmonized for prosecuting the criminals.
No sovereign state the right to oblige any sovereign state to prosecute
any criminal. Practically the criminals might not be the citizen of the
affected country. As a result, the affected country should come forward
to develop their laws and policies as well regulation to prosecute those

71
Siddiqui, M. S. (2013), The financial express,, tilted: ‗New ICT law a threat to
freedom of expression‘, available at http://www.thefinancialexpress-
bd.com/old/index.php?ref=MjBfMDlfMjJfMTNfMV85Ml8xODQyNjE
72
Maruf, Ashiquddin Mohammad, Md Rabiul Islam, and Bulbul Ahamed (jointly),
Northern University Journal of Law 1 (2014), tilted: "Emerging Cyber Threats in
Bangladesh: In Quest of Effective Legal Remedies.", pp. 112-124.
62
 Society & Change
Vol. VIII, No. 1, January-March 2014

criminals. Here, the national law might get priority over the international
laws. Interestingly, it may not function if the extradition treaty has not
been already made between the countries. Cybercrime having the
transboundary nature, all states should cooperate to combat this crime. If
any state does not function for fighting against this crime, the criminals
may attack on each and every computer and technological achievement
of the universe from the country creating habitats for the criminals. As a
result, this country should come under the regulation.
It is evident that preventing cybercrime requires bi-directional
digging though the tunnels, each of the approaches has unique difficulties
and advantages. Technology in today‘s world is one of the fastest
changing things, so are the patterns, motives, ways of committing IT-
related crime. It is unfortunate that Bangladesh has had little success in
combating modern cybercrime though legislative measures. ICT Act and
Pornography Act can prevent some of the banal cybercrimes that are
almost obsolete, but a complete fiasco to the more ominous crimes such
as money laundering, online theft, credit card hacking, virtual child
pornography, and online fraudulence by image deformation, piracy and
plagiarism, stock exchange fraudulence and so on. It has neither entered
into a global pact regarding cybercrime nor strengthened existing laws
nor updated according to the necessity nor applied them effectively. IT
sector is growing pretty haphazardly which may backfire in near future
which can be easily predicted by the recent aggravation of the situation.
Cybercrime is like population explosion, once out of control, possesses
an extremely daunting task to control. It is high time, Bangladesh should
ponder upon this grievous threat and lessen the gap between international
effort and national effort accordingly.

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64