This document discusses several topics related to internet regulation and freedom of expression in Bangladesh. It mentions a meeting on this topic in Dhaka in January 2013. It also discusses the preferential rights of the Bangladeshi government in emergencies to use telecommunication systems over private operators. The document outlines a special provision that allows intelligence and law enforcement agencies to intercept communications for national security with telecom provider assistance. It notes the government's power to make rules under the law and the commission's power to make regulations with government approval.

1. Third South Asian Meeting on the
Internet and Freedom of Expression
Dhaka, Bangladesh
14-15 January 2013
Abu Saeed Khan
askhan@ieee.org

2. Aaron Swartz: 1986-2013
“Information is power. But like all power, there
are those who want to keep it for themselves.”

4. A stone for Aaron Swartz

5. The dark age

6. A miracle had happened in 1997
Oslo 2006

7. “Raindrops keep falling on my head…”

8. Ubiquitous Universal Access
Effective Regulation Operator1
•License Universal Service
•Spectrum Operator2 •Ubiquitous voice/data
•Interconnection •Ubiquitous broadband
•Internet Bandwidth Operatorn
1997 →
2015 →

9. Reduce poverty by 50%
Brazil did
it in
2008!

10. 1 EB = 250 million DVDs
5 EB = A transcript of all words ever spoken

11. Skype is the limit
• ILD traffic grew 4% in 2011,
to 438 billion minutes.
• International Skype-to-
Skype calls (including video
calls) grew 48 % in 2011, to
145 billion minutes.
• Skype added 47 billion
minutes of international
traffic in 2011 — more than
twice as much as all the
telephone companies in
the world, combined.
“If all of Skype’s on-net traffic had been routed via phone companies, global cross-
border telephone traffic would have grown 13 percent in 2011, remaining in line
with historical growth rates.”
TeleGeography analyst Stephan Beckert

12. Policy uncertainty
45.40%
40.10% 40.10%
32.90%
29.10% 29.50%
20.90%
India Thailand Philippines China Cambodia Pakistan Bangladesh
Source: A Future Within Reach 2008

13. Networked Readiness Index 2012
Rank 113 (Out of 142); Score 3.2 (1-7)
The Global Information Technology Report 2012, WEF

14. 97. Preferential right of Government in
emergency.
(1) During war declared, or a situation of war
created, by a foreign power against
Bangladesh, or during internal rebellion or
disorder, or in a situation where the defence
or other security of Bangladesh or any other
urgent state-affair needs to be ensured, the
Government shall have preference compared
to the operator or any other user in using a
radio apparatus or telecommunication system.

15. 97. Preferential right of Government in
emergency.
(1) During war declared, or a situation of war
created, by a foreign power against
Bangladesh, or during internal rebellion or
disorder, or in a situation where the defence
or other security of Bangladesh or any other
urgent state-affair needs to be ensured, the
Government shall have preference compared
to the operator or any other user in using a
radio apparatus or telecommunication system.

16. 97. Preferential right of Government in
emergency.
(2) Notwithstanding anything contained in this
Act or in any other law for the time being in
force, when the President declares emergency
or the Government considers necessary in the
interest of the security of the state or public
order the Government may suspend or amend
any certificate, order or licence issued or
granted under this Act or suspend particular
services provided by an operator for a
specified period.

17. 97. Preferential right of Government in
emergency.
(2) Notwithstanding anything contained in this
Act or in any other law for the time being in
force, when the President declares emergency
or the Government considers necessary in the
interest of the security of the state or public
order the Government may suspend or amend
any certificate, order or licence issued or
granted under this Act or suspend particular
services provided by an operator for a
specified period.

18. 97A. Special provision for the security of
state or public order.
(1) Notwithstanding anything contrary contained in this Act or in
other law in the interest of the security of the state or public
order the Government may from time to time for specified
period, empower the Intelligence Agency, National Security
Intelligence Agency, Investigating Agency or any officer of the
law enforcing agency to intercept any message sent by any
user of any telecom service operators or conversation
between the telephone users or record the same or collect
information thereof and may direct the telecom service
provider to extend all out co-operations in this regard and the
operators shall be bound to comply with such direction.
(2) For the purpose of this section the term Government shall
mean the Ministry of Home Affairs and the provisions of this
section shall be enforceable with the approval of the Minister
or Minister of State in charge of the Ministry of Home Affairs.

19. 97A. Special provision for the security of
state or public order.
(1) Notwithstanding anything contrary contained in this Act or in
other law in the interest of the security of the state or public
order the Government may from time to time for specified
period, empower the Intelligence Agency, National Security
Intelligence Agency, Investigating Agency or any officer of the
law enforcing agency to intercept any message sent by any
user of any telecom service operators or conversation
between the telephone users or record the same or collect
information thereof and may direct the telecom service
provider to extend all out co-operations in this regard and the
operators shall be bound to comply with such direction.
(2) For the purpose of this section the term Government shall
mean the Ministry of Home Affairs and the provisions of this
section shall be enforceable with the approval of the Minister
or Minister of State in charge of the Ministry of Home Affairs.

20. 98. Power to make rules.
• For carrying out the purposes of this Act, the
Government may, by notification in the official
Gazette, make rules consistent with the
provisions of this Act.

21. 99. Power to make regulations.
(1) For carrying out the purposes of this Act, [with prior
approval of the Government] the Commission may, by
notification in the Gazette, make regulations consistent
with this Act and the rules made by the Government.
(2) Within 7 (seven) days of publication of the regulations
in the official Gazette, the Commission shall send to
the Ministry, a copy of such regulations and the
Ministry may, upon examination of the consistency of
the regulations with this Act and the rules, direct
necessary amendments to the regulation, and the
Commission shall take necessary steps accordingly.

22. Where is the rule
or the regulation?

23. Thank you
Abu Saeed Khan
askhan@ieee.org