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Cybercrimes In Bangladesh

Published: Wednesday, March 22, 2017

The concept of ‘Digital Bangladesh’ is now widely known and is easily recognizable even in the remotest areas of Bangladesh.  With the advent and widespread use of technology, being digital is possibly the most prudent way of addressing the future. Nowadays, everything can be done by just a ‘click’- be it payment of utility bills, withdrawing money from the ATM, making purchases online or the inter-bank transactions- everything has become so easy that people do not have to waste their time in the queue.

While, obviously, there are bright sides to the digital phenomena, there is a question that requires to be addressed- Is Bangladesh ready to face the cybercrime? The term ‘hacker’ does not require an introduction at this day and age. Starting from commercial websites to email accounts, from online to bank accounts to government web portals have all been hacked into by these so –called hackers who have time and again exploited the weak cyber law in Bangladesh to their fullest extent.

Cybercrime is a wide term and it necessarily encompasses any action committed through the use of internet or any other digital or online platform. To name a few- pornography, hate crimes, hacking into websites, unauthorized access to online banking information, identity theft, spamming, phishing etc. are all various forms of cybercrimes usually committed in Bangladesh.

The biggest problem of such cybercrimes is the inability to trace the perpetrator. The reason being that such crimes can be committed from anywhere in the world where there is access to internet. Compared to the global use of the internet, Bangladesh is still far from claiming to be an internet dependent nation but yet with rising demands, a significant portion of the people of Bangladesh are gradually realizing the importance of internet and as such it is pertinent to understand the laws that seek to protect us from these highly sophisticated and high-tech criminals.

One of the leading cases in cybercrimes in Bangladesh is the case of Mr. Mahmudur Rahman, the founder of Amar Desh, a daily newspaper for publishing reports on conversation between the ex-Chairman of International Crimes Tribunal and a foreign lawyer. Further, the recent bank heist in Bangladesh Bank amounting to almost 1 billion US Dollars has caused a havoc in the banking sector of Bangladesh. It has dented market confidence to a large extent and the banks have suffered the most as more and more online thefts have made very vulnerable to the cyber-attacks.  

The only law that somewhat addresses the cybercrimes in Bangladesh is the Information Communication Technology (ICT) Act 2006 which came into force on 8th October 2006. The 2006 Act was then amended in 2009 and 2013. In 2010, the government passed the Information Technology (Certificate Authority) Rules in 2010. Despite having such laws, they are not proving to be effective against the prevention of cybercrimes in Bangladesh. The current law minister has also stated that the Government is well aware of the current situation and as such it is formulating a new law, namely Digital Security Act which seeks to incorporate 14 years of imprisonment as maximum punishment for the offenders. 

Bangladesh is the next uprising economic force and as such the government and all its regulatory authorities should be well aware of the consequences of hacking. A major problem in Bangladesh is that the users of the internet are not well trained or well educated in terms of how to protect themselves in the digital platform. While it is understandable that the government is taking the requisite measures to curb the cybercrimes, it is not appreciated that they only focus on making laws. There must be awareness programmes being run simultaneously too otherwise, we may become digital within a few years but considering the constantly growing hackers, the day is not far that we choose to go back to the ‘analogue’ days. Just like the law enforcement authorities, the citizens have duties too- their duty is to be aware and make responsible use of the internet. Internet is indeed a force to reckon with today!

Ashraful Islam Khan
Stellar Chambers
Country:
Bangladesh
Practice Area:
Corporate
Phone Number:
+880-1842138642; +880-1714174227
Fax:
N/A
Mr. Md. Ashraful Islam Khan a retired Judge obtained LLB (Hons) and LLM degree from the University of Dhaka in 1981 and 1982 respectively. Mr. Khan also obtained LLM with distinction on International Maritime Law in 1996 from International Maritime Law Institute (IMLI), Malta. Mr. Khan also obtained Diploma on Public International Trade Law from International Development Law Organization, Sydney Australia in 2007. He did advance training course from Institute for legal Development, Stockholm Sweden in 1994. He also did advance training course on different law from Bangladesh Institute for Law and International affairs, Dhaka, Judicial Administration Training Institute (JATI), Dhaka, also did advance training course on Judicial Information Technology Training Course from the same institute, and also did training course on Arbitration from Bangladesh International Arbitration Centre (BIAC) Dhaka. Mr. Md. Ashraful Islam Khan was enrolled as an advocate on 4th September 1983 and joined at Pabna District Bar and practiced there under strict supervision of his father, KMA Abdul Momen who was one of the most renowned Lawyer of Pabna District bar Association. Mr. Khan joined in Judiciary of Bangladesh on 22nd February 1984 as an Assistant Judge. He was in charge of an independent Civil Court and dealt with only Civil and Family Court cases including disputes relating to marriage, dower, divorce, maintenance and guardianship of minors. Mr. Khan was promoted to the post of Senior Assistant Judge in 1990 and remained in charge of an independent Civil Court dealing with same Civil suits and Family suits with higher pecuniary Jurisdiction. Mr. Khan was posted to the Ministry of Law, Justice and Parliamentary Affairs in 1992 on deputation as Senior Assistant Secretary and worked there for about six years. Here he dealt with administrative control of judicial offices of all over Bangladesh. He also dealt with amendment of different rules and regulations, drafting of new rules and regulations. Mr. Khan was promoted to the post of Joint District and Sessions Judge and posted in Chittagong in 1997. He dealt with Civil, Money Suit with unlimited pecuniary jurisdiction. Lastly he was posted as Special Tribunal judge, Sylhet. He dealt with Criminal cases and cases under Special powers Act 1974. As a Joint District and Sessions Judge he was appellate judge of Assistant Judge and Senior Assistant judge. He heard and disposed of appeals arising out of the Judgment of Assistant Judges and Senior Assistant Judges. Mr. Khan voluntarily retired from Government Service on 2nd September 2014. Now a retired Judge having more than 30 years of experience in Civil and Criminal Justice delivery process as well as experience in Artharin Adalat Ain, Company law, International Trade Law, Maritime Law, Income Tax Law and International Commercial Arbitration. He is one of the few experts in International Maritime Law in Bangladesh. He was trainer and resource person at the Continuing Legal Education Programme (CLEP) under Bangladesh Bar Council. He was a member Secretary for the workshop on Review and Implementation of Bangladesh Laws relating to Children at social risk and juvenile justice in the light of the Convention on the Rights of Child (CRC) organized by the Ministry of Law, Justice and Parliamentary affairs, Government of Bangladesh with the Assistance of UNICEF, Dhaka in 1996. Mr. Khan is now Head of Chambers of ‘THE TWELVE TABLES’, A Chambers of Barristers, Advocates and Consultants. Now he dealt with Civil Matter as well as Criminal matter. In dealing with Maritime law related matters he is in close connection with Professor P.K Mukherjee, Now professor at Dalain International Maritime University, China and with Mr. Fazlur Rahman another renowned maritime Law expert. Practice Areas: Civil law, Criminal Law, Corporate & Commercial Law, Maritime Law, Family Law, Company Law, International Joint Venture, IP law, International Trade Law, and Arbitration.

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