The document discusses Bangladesh's proposed Digital Security Act 2018 and debates around balancing national security, personal security, and freedom of expression. It summarizes key sections of the proposed law that have raised human rights concerns, such as allowing searches and arrests without warrants. While cyber security aims to protect digital systems and data, the law may infringe on citizens' privacy and speech. There are calls to amend sections to ensure rights are not violated in the name of national security.
The Internet has become closely associated with freedom of expression and the global economy. Today, it plays a direct or indirect role in almost every aspect of life. Yet many fear the Internet as we have come to know it is at risk, with restrictions forcing fragmentation along political, corporate, or cultural lines. Despite growing concerns about the future of the Internet, discussion surrounding online freedom remains largely mired in a handful of issues: the necessity and appropriateness of government surveillance in the United States, digital privacy in Europe, and censorship in authoritarian states such as China. However, between them, the United States, Europe, and China account for less than half of the world’s Internet users. For much of the rest of the world, any discussion of Internet freedom falls at the complex intersection of political and social liberties, nation-building, security threats, economic development, and resource constraints.
Asia’s biggest developing democracies - India, Indonesia, Bangladesh, the Philippines, and Thailand - account for a quarter of the world’s people, but only about one-tenth of the global online population. The policy decisions these states make going forward will be of considerable importance for the future of the Internet and offer some useful lessons about the limitations and vulnerabilities of the global Internet freedom agenda as it is currently being pursued by the United States and Europe.
From a survey of these countries’ experiences, six broad conclusions or principles can be drawn. First, the online world is an outgrowth of the offline world, rather than a distinct phenomenon. Internet policy cannot be considered in a vacuum, or divorced from other relevant aspects of public policy, such as security, economic policy, or governance. Second, laws, norms, and cultural attitudes related to Internet use vary widely, even among democracies. A one-size-fits-all approach to Internet freedom will not work and may even prove counterproductive. Third, online freedoms and greater security are not inherently at odds with one another in open societies. Discourse that presents a false choice between security and freedom is harmful for both, as well as for state legitimacy and economic growth.
Fourth, while much discussion of Internet freedom frames the issue as a conflict between governments, corporations, and civil society, each sector is divided on the merits of unfettered Internet freedom. Fifth, current legislation pertaining to the Internet in many democratic countries is deeply flawed, even in the context of their own constitutional rights pertaining to freedom of expression. By and large, Internet-related legislation is vague, making implementation arbitrary, and undermining public trust in state institutions. And sixth, users are often not adequately informed of the privileges and restrictions associated with Internet use in their native countries. Policies and initiat
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
The Internet has become closely associated with freedom of expression and the global economy. Today, it plays a direct or indirect role in almost every aspect of life. Yet many fear the Internet as we have come to know it is at risk, with restrictions forcing fragmentation along political, corporate, or cultural lines. Despite growing concerns about the future of the Internet, discussion surrounding online freedom remains largely mired in a handful of issues: the necessity and appropriateness of government surveillance in the United States, digital privacy in Europe, and censorship in authoritarian states such as China. However, between them, the United States, Europe, and China account for less than half of the world’s Internet users. For much of the rest of the world, any discussion of Internet freedom falls at the complex intersection of political and social liberties, nation-building, security threats, economic development, and resource constraints.
Asia’s biggest developing democracies - India, Indonesia, Bangladesh, the Philippines, and Thailand - account for a quarter of the world’s people, but only about one-tenth of the global online population. The policy decisions these states make going forward will be of considerable importance for the future of the Internet and offer some useful lessons about the limitations and vulnerabilities of the global Internet freedom agenda as it is currently being pursued by the United States and Europe.
From a survey of these countries’ experiences, six broad conclusions or principles can be drawn. First, the online world is an outgrowth of the offline world, rather than a distinct phenomenon. Internet policy cannot be considered in a vacuum, or divorced from other relevant aspects of public policy, such as security, economic policy, or governance. Second, laws, norms, and cultural attitudes related to Internet use vary widely, even among democracies. A one-size-fits-all approach to Internet freedom will not work and may even prove counterproductive. Third, online freedoms and greater security are not inherently at odds with one another in open societies. Discourse that presents a false choice between security and freedom is harmful for both, as well as for state legitimacy and economic growth.
Fourth, while much discussion of Internet freedom frames the issue as a conflict between governments, corporations, and civil society, each sector is divided on the merits of unfettered Internet freedom. Fifth, current legislation pertaining to the Internet in many democratic countries is deeply flawed, even in the context of their own constitutional rights pertaining to freedom of expression. By and large, Internet-related legislation is vague, making implementation arbitrary, and undermining public trust in state institutions. And sixth, users are often not adequately informed of the privileges and restrictions associated with Internet use in their native countries. Policies and initiat
The Prevention of Electronic Crimes Act 2016 being new cyber crimes law in Pakistan provide a comprehensive mechanism to prevent and apprehend the cyber crimes.
Strengthening the Great Cyber-Wall of China — An Effort in Protecting the Mas...Terrance Tong
China’s recent cybersecurity laws have been cited by the government as internet and personal data protection milestones, while being viewed with suspicion by foreign multinationals as potentially increasing compliance costs. The one certain thing is that the Chinese government
is succeeding in exercising more control and oversight over cyberspace.
Cybercrime is a digital crime committed to reaping profits through the Internet as a medium. Any criminal activity that occurs in the digital world or through the internet network is referred to as internet crime. Cybercrime also refers to criminal activity on computers and computer networks. This activity can be done in a certain location or even done between countries. These crimes include credit card forgery, confidence fraud, the dissemination of personal information, pornography, and so on. In ancient times there was no strong law to combat cybercrime. Since there are electronic information laws and transactions, legal jurisdiction of computer crime has been applied. Computer networks are not only installed in one particular local area but can be applied to a worldwide network. It is what makes cybercrime can occur between countries freely. This issue requires universal jurisdiction. A country has the authority to combat crimes that threaten the international community. This jurisdiction is applied without determining where the crime was committed and the citizen who committed the cybercrime. This jurisdiction is created in the absence of an international judicial body specifically to try individual crimes. Cybercrime cannot be totally eradicated. Implementing international jurisdiction at least reduces the number of cybercrimes in the world.
Aaron Swartz Can’t Fight the New Cybersecurity Bill, So We Must Do It
In late 2011 and early 2012, activists, progressive politicians and Internet companies led in part by Internet freedom advocate Aaron Swartz came together to defeat the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). Advertised as measures against copyright infringement, the bills would have opened any website that contained copyrighted material it was not authorized to publish on any of its pages to a forced shutdown. A site that unknowingly held a copyrighted image in a comment section, for instance, would have been eligible as a violator. Virtually everyone was susceptible to closure.
Changing Trends in Criminal Justice and Human Rights in Globalised WorldSwasti Chaturvedi
This PowerPoint presentation has been designed by me for my father who is an Advocate and was invited by an institution for a webinar to provide knowledge to the budding lawyers on the abovementioned topic. It contains information and suggestions regarding trends in the criminal justice system and human rights globally.
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
Cryptocurrency enforcement framework - Report by the U.S. Department of JusticeLoeb Smith Attorneys
The US Department of Justice released a report regarding #cryptocurrency enforcement with strategies to take related to #digitalassets and interest in how enforcement will work in the #decentralizedfinance space.
The report could serve to shape the future vision of authorities and regulators towards #cryptocurrencies.
Whether legal jurisdiction is able to check cyber-crime where there are no territorial borders and even where the criminal does not have any physical presence in the forum
Strengthening the Great Cyber-Wall of China — An Effort in Protecting the Mas...Terrance Tong
China’s recent cybersecurity laws have been cited by the government as internet and personal data protection milestones, while being viewed with suspicion by foreign multinationals as potentially increasing compliance costs. The one certain thing is that the Chinese government
is succeeding in exercising more control and oversight over cyberspace.
Cybercrime is a digital crime committed to reaping profits through the Internet as a medium. Any criminal activity that occurs in the digital world or through the internet network is referred to as internet crime. Cybercrime also refers to criminal activity on computers and computer networks. This activity can be done in a certain location or even done between countries. These crimes include credit card forgery, confidence fraud, the dissemination of personal information, pornography, and so on. In ancient times there was no strong law to combat cybercrime. Since there are electronic information laws and transactions, legal jurisdiction of computer crime has been applied. Computer networks are not only installed in one particular local area but can be applied to a worldwide network. It is what makes cybercrime can occur between countries freely. This issue requires universal jurisdiction. A country has the authority to combat crimes that threaten the international community. This jurisdiction is applied without determining where the crime was committed and the citizen who committed the cybercrime. This jurisdiction is created in the absence of an international judicial body specifically to try individual crimes. Cybercrime cannot be totally eradicated. Implementing international jurisdiction at least reduces the number of cybercrimes in the world.
Aaron Swartz Can’t Fight the New Cybersecurity Bill, So We Must Do It
In late 2011 and early 2012, activists, progressive politicians and Internet companies led in part by Internet freedom advocate Aaron Swartz came together to defeat the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA). Advertised as measures against copyright infringement, the bills would have opened any website that contained copyrighted material it was not authorized to publish on any of its pages to a forced shutdown. A site that unknowingly held a copyrighted image in a comment section, for instance, would have been eligible as a violator. Virtually everyone was susceptible to closure.
Changing Trends in Criminal Justice and Human Rights in Globalised WorldSwasti Chaturvedi
This PowerPoint presentation has been designed by me for my father who is an Advocate and was invited by an institution for a webinar to provide knowledge to the budding lawyers on the abovementioned topic. It contains information and suggestions regarding trends in the criminal justice system and human rights globally.
he Contract for the Web was created by representatives from over 80 organizations, representing governments, companies and civil society, and sets out commitments to guide digital policy agendas. To achieve the Contract’s goals, governments, companies, civil society and individuals must commit to sustained policy development, advocacy, and implementation of the Contract text.
Cryptocurrency enforcement framework - Report by the U.S. Department of JusticeLoeb Smith Attorneys
The US Department of Justice released a report regarding #cryptocurrency enforcement with strategies to take related to #digitalassets and interest in how enforcement will work in the #decentralizedfinance space.
The report could serve to shape the future vision of authorities and regulators towards #cryptocurrencies.
Whether legal jurisdiction is able to check cyber-crime where there are no territorial borders and even where the criminal does not have any physical presence in the forum
Issues with respect to the proper ownership and jurisdiction of information contained on the internet have set the stage for an ongoing legal debate over Cyber-Law and its impact on Cyber-Crime.
Enhanced Global Cyber-Security and proposed governing regulations are not a luxury, but a necessity, for today’s business and government entities which operate in real time environments.
PRIVACY RIGHTS ARE HUMAN RIGHTS (2).pdflinda gichohi
This is an article/blog on the Privacy Symposium Africa 2022 on Privacy Rights and Digital rights as Human Rights. It also talks about Online Gender Based Violence , this is gender based violence that manifests in the Digital Space and Online world ie; phishing, non-consensual sharing, harrassment. This article explains why Privacy rights are essential in the modern world.
CYBER-SECURITY TACTICS IN MITIGATING CYBERCRIMES: A REVIEW AND PROPOSALijcisjournal
This article underscores the urgent need for a global response to cyber threats, discusses the risks
associated with increasing reliance on technology, and sets the stage for a review focused on understanding and mitigating cybercrimes. In summary, the passage discusses the internet's impact on
national development and the growing problem of cybercrime. It calls for a deeper understanding of the
characteristics and motivations of cybercriminals and highlights several questions that need to be
addressed to effectively combat cybercrime and its detrimental effects on society. The classification of cybercrime is summarized into five categories: Cybercrimes against Persons (including cyber
pornography, cyber stalking, financial cybercrimes, phishing, and vishing), Cybercrimes against Property(involving intellectual property violations, data theft, and "Man in the Middle" attacks), Cybercrimes against Government, Denial of Service (DOS) Attacks, and Other Cybercrimes (comprising data diddling,salami attacks, email bombing, email spoofing, logic bombs, internet time theft, and mobile and wireless technology-related cybercrimes).
A Study on the Cyber-Crime and Cyber Criminals: A Global Problemijbuiiir1
Today, Cybercrime has caused lot of damages to individuals, organizations and even the Government. Cybercrime detection methods and classification methods have came up with varying levels of success for preventing and protecting data from such attacks. Several laws and methods have been introduced in order to prevent cybercrime and the penalties are laid down to the criminals. However, the study shows that there are many countries facing this problem even today and United States of America is leading with maximum damage due to the cybercrimes over the years. According to the recent survey carried out it was noticed that year 2013 saw the monetary damage of nearly 781.84 million U.S. dollars. This paper describes about the common areas where cybercrime usually occurs and the different types of cybercrimes that are committed today. The paper also shows the studies made on e-mail related crimes as email is the most common medium through which the cybercrimes occur. In addition, some of the case studies related to cybercrimes are also laid down
DigitALL: Bridging the Gender-Digital Gap through Tackling Online-Gender Base...linda gichohi
This Article entails the Legal Channels and Kenyan laws in place to protect Online-Gender Based Violence Survivors and ways to prevent and respond to OGBV.
Tax justice from 100 years old income tax law.pdfM S Siddiqui
Roughly 94 per cent of income-tax revenue comes from tax deducted at source. The Tax deduct as source (TDS) has been imposed at border during release of imported goods and services, supply of goods and services to government and corporates entities. This deduction is on gross sales value but not on net profit. The advances taxes are non-refundable and considered as tax on income. In many cases the tax burden are more than 100 percent of the net income of the business enterprises.
Bangladesh’s cross border transaction in Chinese RMB.pdfM S Siddiqui
Banks are finally allowed to maintain accounts in Chinese currency RMB with their correspondents or overseas branches for cross-border transactions executed in Bangladesh.
Meanwhile, China has introduced cross-border interbank payments system (CIPS) with the RMB as an alternative trading currency. CIPS payment system offers clearing and settlement services for participates in cross-border RMB payment and trade.
Over the last decade the Chinese government has consistently strived to overcome China’s dependence on foreign supplies in the sector, and as a result China’s market share in semiconductors has increased from 5 percent in 2010 to 13 percent in 2020, more than doubling in ten years. China is moving along with the planned schedule to achieve supremacy in manufacturing semi-conductors.
Evaluation of Bangladesh’s Data Protection Bill.pdfM S Siddiqui
The draft Data Security Law did not make difference between data privacy and data security and a big concern was how to maintain the privacy of such data. The problem is that the government has expressed a controlling attitude to make the law a control mechanism rather than data security and data privacy.
Rights of the nominee vis-à-vis legal heirs.docxM S Siddiqui
Currently, the banks may follow the rule of Bangladesh Bank and the principle of the judgment of the High Court Division that the nominee is entitled to the money of the deceased person and pay to the nominee at the first instance to complete their responsibility. Subsequently, the nominee will be treated as a custodian in case of a succession certificate given by the court and distribute the amount accordingly.
Bangladesh bank’s rules of export documents require an amendmentM S Siddiqui
The Factoring services provide security of payment and financing through transfer of shipping documents along with ownership and rights over the payments. The circular no. 32 (dated October 03, 2021) restricting transfer of document will hamper smooth service of Factoring and export financing by trade finance companies. The BB should revisit the circular addressing the embargo over transfer of full set of documents.
Access to finance for the informal sectorM S Siddiqui
Bangladesh may formulate policies to use these sources to in credit reporting systems. There may be even legal framework like some other some economies to allow the sharing of information from non-traditional sources and authorised CRSPs to prepare CR for MSMEs.
Ad free channel ends unfair privileges to overseas manufacturersM S Siddiqui
The Clean Feed Strategy would give a level playing field to Bangladeshi manufacturers and foreign manufactures. Although late the government has taken a bold decision.
Pandemic recession and employment crisisM S Siddiqui
The policy of Bangladesh Bank and attitude of commercial banks have many challenges to overcome regarding these programmes. They require a change in mind-set and political will to recognize the crisis and probable solution. There should a recognition that informal workers and their livelihood activities represent the broad base of the economy producing essential goods and services not only for low-income customers but also for the general public and for the formal economy.
How to upgrade bangladesh’s banking almanacM S Siddiqui
The confidence of users is a big challenge for an almanac. The authentication of information is a basic criterion of a good almanac. The authority may take initiative to upload the almanac in their web-site and make easily accessible for the end users specially the FI in other countries.
Bangladesh needs rules on odourised lpgM S Siddiqui
It is impossible to detect the leak because of the lack of odour. This has led different countries to enact new regulations that require gas suppliers to odourise LPG.
The experience of the other countries doesn’t support the fear of NBR officials. This conception of officials is a challenge of introduction of PCA in Bangladesh.
With the ratification of the TFA in 2016, Bangladesh has obligation to introduce PCA in the customs rule. The relevant SRO should be issues as early as possible.
Abrupt indian ban on onion seeds not legalM S Siddiqui
Bangladesh became self-reliant in Cattle production after restriction on cattle export / smuggling during last few years. Let's hope that the statistics of Bangladesh Agricultural Department are correct and Bangladesh will hopefully continue to be self-reliant of onion despite Indian ban on export of onion and onion seed.
Miniket may be branded for marketing by any company but cannot claim this as local variety of rich. It cannot be registered under patent act. The fate of Miniket is depends upon teste and demand of the consumers.
Psi of govt purchase contrary to import policyM S Siddiqui
The inspection by government official is against the Import Policy Order as well as it is expensive for the nation and not serving the real purpose. The inspectors are not liable for any incidence of wrong delivery.
Disappearance of border pillars and death from lightning strikeM S Siddiqui
In south Asia the casualties have been increases in recent years. But apart from climate change, the recent increase of death of lightning has linkage with the silent disappearance of Border pillars of Mouja installed by British rulers in South Asia.
The standard global practice of other countries, the credit information reports neither express any opinion about the borrower creditworthiness nor assign any rating to the borrowers.
Hashem foods fire determining the liability of regulatorsM S Siddiqui
Despite all the irregularities, how industries get fitness certificate from DIFE on yearly basis is a question. Hashem Food started their business in 1982 and DIFE has been certifying it on yearly basis since then.
Regional co-operation under SAARC may be an additional blessing to solve the problem. Bangladesh apparently failed to get mutual co-operation from neighboring countries. Bangladesh may shift the policy on prevention, education and training of all stakeholders to eradicate drugs from our society.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Digital security law security of individual or government
1. https://dailyasianage.com/news/123154/digital-security-law-security-of-individual-or-government
EDEN BUILDING TO STOCK EXCHANGE
Published: 27 May 2018
Digital security law: Security of individual or government
M S Siddiqui
Bangladesh government delegate has presented a paper at International Telecommunications Union
(ITU) - World Summit on the Information Society (WSIS) Thematic Meeting on Cyber Security ITU
Headquarters, Geneva, Switzerland on June 28 - July 1, 2005 emphasising of right of the users of
ICT as saying " In today's world information system and network security has become a rights issue
for the reason that rights to information has become more and more important to everyone as
information protects and develops human life every day."
"The National Cyber security Strategy of Bangladesh" published by gazette notification in 2014 for
the long-term measures for protecting our cyber world against security threats, risks and challenges
to national security. Bangladesh has cyber security policy in line with the Global Cyber security
Agenda (GCA) of ITU. It is internationally harmonized legislation strengthens cyber security, as it
helps our country build capacity for preventing, deterring and prosecuting cybercrime.
The purpose of the document is to create a coherent vision for 2021 keeping Bangladesh secure
and prosperous by coordinating government, private sector, citizens and international cyberspace
defence efforts. This strategy also refer to a public-private partnership to fix the potential vulnerability
of private sector-owned critical infrastructures in banking, utilities and telecommunications sectors
against cyber-attacks etc.
The Bangladesh National Security Framework outlines minimum-security measures that
stakeholders must abide by to claim compliance with national cyber security requirements. It has
proposed to have three national priorities: (a) legal measures; (b) technical and procedural
measures; and (c) organizational structures.
There are many cyber security issues. It may be discloser of personal information and probable
threats of misuse of information. Categories of cyber threats for citizens are (1) Cyber-attacks may
use hacking techniques to modify, destroy or otherwise compromise the integrity of data, (2) Denial
of service attacks by botnets, for example, may be used to prevent users from accessing data that
would otherwise be available to them, (3) Cyber-attacks may target various types of confidential
information, often for criminal gain.
The national concerns of cyber-crime are (i) Cyber Warfare: Most of the Armies world over now has
dedicated cyber warfare teams for defensive as well as offensive operations. (ii) Cyber Terrorism:
Cyber terrorism means unlawful attacks and threats of attack against the computer, network and the
information stored therein.
Bangladesh has some laws and policies related to internet and communication technology. But the
section 57 of existing ICT act already has created concern that it is against freedom of expression.
2. A rough translation of section 57 (1) says: "If any person deliberately publishes or transmits or
causes to be published or transmitted in the website or in any other electronic form any material
which is false and obscene and if anyone sees, hears or reads it having regard to all relevant
circumstances, its effect is such as to influence the reader to become dishonest or corrupt, 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 instigate against any person or
organization, then this activity will be regarded as an offence." This section has gone against the
fundamental right of citizens enshrined in the constitution.
In similar situation, the Indian Supreme Court in March 2015 struck down almost a similar section,
under section 66A of the Information Technology Act hit at the root of liberty and freedom of
expression, two cardinal pillars of democracy and terming it unconstitutional.
In the complex blend of national security, personal security and freedom of expression, Bangladesh
government has approved the draft of Digital Security Act 2018 with a provision of repealing the
sections 54, 55, 56, 57 and 66 of the Information and Communication Technology (ICT) Act.
The proposed cyber security law have some sections raised concerned of violation of human rights
and curtail freedom of expression. The proposed law stipulates in section number 36 that some
crimes under sections including 17, 28, 31, 32 and 34 as non-bailable.
The Section 5 says about constitution of a Digital Security Agency, who shall monitor and supervise
the digital contents, communications mediums including mobile phones to prevent cyber-crime. This
section also introduces Digital Forensic Lab and Bangladesh Cyber Emergency Incident Response
Team.
Section-13 has given wide authority to Director General of Digital Security Agency. If the DG is
hereby pleased that it is expedient and necessary to give directions for the interests of protecting the
sovereignty, integrity, security of Bangladesh and friendly relationship of Bangladesh with other
countries, public discipline and security, DG can give directions to law enforcing agencies of the
government by order mentioning written reason for obstructing the broadcast of information through
any computer resource.
Section 15(5) of the draft Act says, any derogatory comments, remarks, campaign or propaganda in
electronic media made by a person, institution or foreign citizen, against the war of liberation, or
father of the Nation Bangabandhu or any issue that has been settled by the Court shall amount to an
offense under this Act.
Section 21 encompasses the similar offense of any person who aids or abets the commission of any
offense under the Act, and shall be entitled to punishment.
Section 25 of the proposed law says, a person may face punishment, if he or she is found to have
deliberately published or broadcast in the website or electronic form something which is attacking or
intimidating or which can make someone dishonest or disgruntled; knowingly publish or broadcast
false and distorted (full or partial) information to annoy or humiliate someone; knowingly publish or
broadcast false and distorted (full or partial) information to tarnish the image of the state or to spread
rumour.
Section 27 authorized Police Inspector to enter into any place along with a magistrate for search,
seizure and arrest of accusedwithout arrest warrant if he believes that the evidences of crime may
be destroyed.
3. As per section 43 of the draft law, a police official can search or arrest anyone without any warrant
issued by a court.If a police officer believes that an offence under the act has been committed in a
certain place or is being committed, or there is a possibility of crimes, or there is a possibility of
destroying evidence, he or she can search the place or any person present there.The officer can
arrest any person if he or she suspects that the person has committed or is committing crimes. In
such a case, the officer has to submit a report to the court after carrying out the search.
One of the much debated cyber security law of the world is in China. The cyber security law of China
has imposed three broad categories of businesses in order to ensure cyber security of their country
and focused on personal data security of Chinese users.
Their law has given priority on the collection, storage and usages of those data. The law has three
broad base restriction and obligations as follows: (a) Technology Equipment restrictions, (b)
Obligation imposed on network operators and (c) Obligation imposed on critical Information
infrastructure operators. On the other hand our law has given emphasis on activities of citizen which
will create a situation of self -censorship on media, research and publication.
European Parliament resolution of 26 November 2015 on freedom of expression in Bangladesh
called on the Bangladesh authorities to ensure the independence and impartiality of the court system
and to amend the Information and Communication Technology Act and the Cyber-Security Act in
order to bring it into line with international free speech standards, dropping the criminalization of
'anti-state' publications.
Cyber security is still a subject to understand. The civil society and public interest groups have
already engaged in debate in respect of whether cyber security is something for systems, rather than
people. But cyber security is intrinsically about people.
There are discussions of online security parallel debates that have taken place in a number of other
security domains about the tension between national security and what has been dubbed "human
security." This balance-between the security of State and that of the human beings is neatly
encapsulated within the key tension at the heart of cyber security.
On the other hand, there is a policy area concerned with the regulation of online behavior, and
having profound implications for essential human rights such as privacy and freedom of expression.
The subject again seems complicated further complicate as cyber security is often conflated with
cybercrime, or confused with related but distinct concepts such as cyber-resilience, cyber-warfare
and cyber-defense. However, it is taken to mean the protection of digital information systems against
attack, either by states or individual hackers.
The proposed law apparently drafted to protect the national interest from possible acts of citizens. It
has mixed up the security of individual and nation.
The civil society has already voice concerned of the draft law and demanding amendment of some
of those sections to ensure freedom of expression and freedom research and investigative reporting
by press. Bangladesh law should focus on data security of citizen as well as national security.
The writer is a legal economist.
mssiddiqui2035@gmail.com