CYBER LAW IN BANGLADESH

North South University

Assignment Cover Page
Department of Management

Submitted By:

Name: Shaekh Maruf Sikder

ID No:1912892630

SUB: MIS-107

SEC: 19

Submitted To:

Md. Moktar Ali (Mki)

Faculty of North South University

CONTENTS

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Introduction………………………………………………………………..………4

Objectives of the Study……………. ……………………………………..………5

Cyber Law in Bangladesh ……………………………………………..….….……6

Role of Cyber Law in Security Management ………………………..….….……..7

Role of Cyber Law in E-Business…………………….………………….….…….9

Conclusion…………………………………………...……………………………11

References……………………………………………………………..………….12

INTRODUCTION

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The Internet has been the infrastructure of communication networks of all sorts, and it is still one
of the most significant sources of information in the modern world today. It is a network of
networks composed of millions of local-to-worlds private and public, student, industry, and
government networks connected by copper lines, fiber optic cables, cellular links, and other
technology.

Cyberlaw is a recent concept that appeared well after the Internet started, although there is no
systematic description of the word cyberlaw. The Internet has been rising in an entirely
unplanned and unchecked way. The complexity and far-reaching implications of cyberspace may
not possibly have been expected by even the inventors of the internet. Cyberspace's growth rate
has been tremendous. The Internet is growing exponentially, and with the Internet population
doubling nearly every 100 days, cyberspace is becoming the world's current environment. New
and ticklish problems surrounding different legal facets of cyberspace started to surface with the
spontaneous and almost phenomenal development of cyberspace. In reaction to the absolutely
complicated and newly arising legal problems relating to cyberspace, cyberlaw or the Law of the
internet came into being. The rise of cyberspace has led to the development of a modern and
highly technical branch of law called the Internet and World Wide Web Cyber Laws.

Global economic strength relies not only on robust digital connectivity infrastructure and high-
tech digital technology but also on state-of-the-art cyber-law metrics. There is no comprehensive
definition of the word Cyberlaw, but cyberspace's emergence has led to the creation of a modern
and highly specialized field of law called the Internet and World Wide Web cyber laws.
Cybercrime refers to illicit acts mediated by the internet that are mostly carried out on global
electronic networks. Illegal financial transfers on the Internet to any dangerous user who could
be compromising national security, accessing materials without securing proper consent,
transmitting malware codes such as viruses and worms via websites and e-mails are
cybercriminals.

Objectives of the Study

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The primary purpose of the study is to capture the realities of cyberlaw

 To identify potential cyber-law patterns and jurisprudence surrounding cyberspace in

today's scenario.
 To enhance awareness of current forms of cybercrimes that involve all participants in the
digital and mobile ecosystems.
 To identify areas of cybercrime where cyber law needs to be more improved to address
the demands and needs of relevant stakeholders in the digital and mobile ecosystems.
 To work on the establishment of an international network of experts in cybercriminals
and cyber-legal practice, which could then be an important voice in the continued
advancement of cyber-crimes and jurisprudence of cyberlaw worldwide.
 To provide legal aid and guidance to persons impacted by the exploitation of cyberspace
and related programs.

Cyber Law in Bangladesh

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In Bangladesh, there are not enough laws that can prosecute cybercriminals. In Bangladesh, there
is a law called "The Bangladesh Information & Communication Law 2006" (As amended in
2009). In that rule, subsection 56(1) has declared a sentence of 10 years imprisonment with or
without a fine. The establishment of a special tribunal called the 'Cyber Tribunal' has been stated
in Section 68 of that act. Who is, maybe aware of certain forms of cybercrime, but the offenders
have yet to be stopped or punished. There is no reward for any kind of punishment yet.

Owing to the lack of qualified professionals to support the court, it has become very difficult for
the judge to track down the crime as well as the suspect and to convict him. There is only a cyber
tribunal formed in Dhaka City pursuant to section 82 of the said Act. This court has not yet paid
any penalty to any convict. Out of this after the creation of the Cyber Tribunal in the District
Court, the Judge of the Session has the information to try a crime of this nature in compliance
with Section 74 of that Act.

There is a statutory authority called BTRC in Bangladesh that functions as a cybersecurity

watchdog, but its commitments are yet to be fulfilled. It has the authority to hold mobile courts
with the aid of other government bodies for the speedy prosecution of such crimes.

Under section 76, the offenses of the Bangladesh Information & Communication Technology
Act 2006 are not identifiable in nature (2). The victim must make an allegation to the law
enforcement authorities to obtain redress. This is the key limitation of that act. At the time of the
enactment of the said Act, it was specified in section 68 that a special tribunal called the Cyber
Tribunal would be formed in every district of Bangladesh. But so far, only a tribunal in Dhaka
City has been created. The disposal of cyber cases is unusual due to the reliance on technology
experts and well-trained lawyers and judges. Judges, lawyers, and experts should be well trained
to eliminate this form of reliance on cases.

The Bangladeshi police have a special division called the Anti-Cyber Crime Department headed
by the Deputy Commissioner of Police to defend against e-mail theft, e-mail handling,
defamation, or publication of unauthorized photographs. But because of the lack of well-trained
personnel, the department has yet to meet public demand. Owing to the non-visibility of the
complainant, a lawsuit cannot be begun. There is no space for the state to assume liability as a
complainant. The Cyber Tribunal is yet to award any penalty to any perpetrator. Because of this,
criminals insist that crimes arise, believing that they will not be punished.

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Role of Cyber Law in Security Management

There is a broad range of cyberlaw implementations. Some of these laws shield persons from
actions on the internet from being victims of crime. The other laws specify guidelines for how
the internet and the computer system can be used by a person. For professional roles in
cybersecurity and cyber law, strong analytical skills, coupled with soft skills such as
communication and critical thinking skills, are required. Other primary skills for those pursuing
employment-related to computer security and cyber law include competency with security tools
and knowledge of security analysis, project management, and data analytics.

Security Tools

Security tools help organizations prohibit and protect against cybercrime, ensuring a swift
recovery from cyber-attack related harm. For example, a security knowledge management tool
may improve visibility across the network infrastructure by providing documentation of
individual cyber incidents.

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Security Analysis

It is important to consider how security solutions work in an organization's cyber risk

management approach. In addition to mitigating identified risks, risk assessment and analysis are
critical for reducing effective cyber-attacks.

Project Management

More management sophistication is generated by introducing new resources and technologies to

the IT infrastructure. Although technology practitioners have defined the best antivirus, spam
filtering, and other security technologies, project management leads the company during its
efficient integration and acceptance.

Data Analytics

Although defense instruments offer critical data to detect and prevent cyber risks, there is no
benefit from data without perspective. Data collection allows technology experts to detect
current and evolving threats and assess successful countermeasures by deciphering gathered data.

Fraud

Cyber laws are in effect to protect users from online fraud. They operate in order to stop the theft
of credit cards, theft of identities, and other online crimes. Federal and state criminal penalties
are faced by a person who commits such robberies.

Copyright

Copyright infringement is an environment that protects an individual's and a company's rights to

benefit from their artistic work. All people and corporations require the assistance of an attorney
to uphold copyright rights.

Defamation

Under civil laws, defamation laws shield persons against misleading official comments that can
harm the credibility or company of others. It becomes a cyber rule when the internet is used by
individuals who make comments that break civil laws.

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Role of Cyber Law in E-Business

All the legal and regulatory elements of the internet and the world wide web are alluded to by e-
Commerce. In cyberspace, something that involves or refers to or emanates from any legal
elements or problems pertaining to the operation of netizens and others falls beyond the domain
of cyber law. A virtual medium is a cyberspace. That is the traditional way of defining something
associated with the Internet and the complex society of the Internet, such as social networking, e-
commerce, e-governance, etc. The all-encompassing essence of cyber law is critical to the
position of cyberlaw policy.

Cyberlaw is applied to other business areas with a technical bend. There are numerous fields of
cyber-law interest, including e-commerce, online contracts, patenting of business applications, e-
taxation, e-governance.

E-Commerce

The commercial exchange of commodities in electronic format is e-Commerce. The US Census

Bureau looks at the valuation of the services and/or products sold electronically in order to
calculate e-commerce. They look at transactions that operate Electronic Data Exchange schemes
over open networks such as the internet and even proprietary networks.

Online Contracts

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A contract includes a proposal and approval of the proposal, which becomes a contract,
according to the Act of 1872.

An online agreement requires the same prerequisites as a physical agreement. An online contract
requires an online proposal at the most fundamental stage and its online approval by the other
side. In addition, online contracts are naturally complex and multi-layered and at a single
moment in time, the arrangement cannot exist. There is typically a sequence of successive events
that lead to a contract being formed.

Business Software Patenting

A patent safeguards a process. By comparison, copyright covers a phrase. Patents grant stronger
protection than copyrights, however. A computer program usually has thousands of instructions,
and any program is special because it is a mixture of algorithms that are logically organized.
Programs are protected by copyright law, while algorithms and processes applications for
patents.

E-Taxation

As e-commerce has expanded, commercial transactions across national boundaries have also
increased. This contributed to arguments on the topic of taxes. E-commerce is perceived by
many national tax administrations to have the ability to generate new revenue sources while
posing barriers to national tax structures. This is because emerging innovations are generating
tax avoidance and evasion possibilities.

E-Governance

E-Governance is the successful use that government organizations make of information and
technologies. It allows them to change their interactions with people, corporations, and other
government departments. E-governance also entails the use of technology-enabled programs to
enhance the relationship between government and people or organizations such as e-services and
internal functions of the government such as e-administration.

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Conclusion

Cyber laws are important for prosecuting offenders who commit serious computer-related
offenses, such as hacking, cyberstalking, data stealing, disturbing every company's online
workflow, targeting another user or website. It decides on different types of punishment, based
on the kind of law you have broken, how you have insulted, where you have violated the law,
and where you live.

In order to build a stable and protected atmosphere for citizens on online networks, enforcing
legislation in cyberspace is an essential step. Software forensic science should rely on ethical
hacking training in order to defend from cybercrimes. Strict cyber laws are the need of this age
where technology is increasing at a high pace and the budgets have not been expanded to keep
up with this rate of change in technology.

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References:

http://thedailynewnation.com/news/232188/cyber-law-in-bangladesh.html

http://thedailynewnation.com/m/news/100355/cyber-crime-and-cyber-

http://www.lawyersnjurists.com/article/cyber-crimes-bangladesh/

https://www.ukessays.com/essays/information-technology/weakness-of-cyber-law-in-
bangladesh-information-technology-essay.php

https://blog.eccu.edu/the-role-of-cyber-laws-in-cybersecurity/

https://bdlawdigest.org/cyber-crimes-and-cyber-laws-in-bangladesh.html

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