Review draft law to curb cyber crime DRAFT ডিজিটাল নিরাপত্তা আইন ২০১৫

Review draft law to curb cyber security :   DRAFT ডিজিটাল নিরাপত্তা আইন ২০১৫

Review by : Z. Lashkar BSc in IT( US), LLB ( BD) 

mzhlashkar@gmail.com

While this draft has covered creating and laying out guidelines for creation of a Digital Security Agency, it could still have focused on :  

(1) Security & Rights of people using internet for communication & banking 
(2) Training the Litigators/Lawyers.  

Anyway,  here goes my contributions: 

Problem #100: 
A TV Drama may have a scene or dialogues on copulation which may not have artistic or educational value, but may be a crime under this ultra wide definition of pornography.  

Probable Solution #100:  Lets add "producers' intention" as one of the factor  in deciding if something is pornography or not. 

Problem #101: 
This is in-conflict with Section 82 & 83 of Bangladesh Penal Code which recognizes up till Age 9years and in some cases of  immaturity up-till 12 years but NOT 18years. In a country where girls still get married near 15 years and  often have 2 kids by 18 how can you consider these Mothers kids?! Western Laws are for the Caucasians their and our ( Bangladeshi) biological clock ( Maturity, life span etc) are not the same. &nbsp

Probable Solution  #101:  Lets add a condition "If legally married then no person can be considered as Child" . 

Problem #102: Bangladesh Govt has jurisdiction only on his citizens.  This wide definition becomes more confusing with Section -4.1 ( ধারা-৪।১) as we can not bring charges any cyber criminals across the globe.

Probable Solution  #102: Careful rewrite of 4.1 is necessary where it says he/she has to be a BD citizen.

Problem #103:  Virus/malware/spamware/adware/malproxy/malnode runs without user's explicit permission.  A program may be designed to do (27).1 & (27).2, but its not a virus/malware until it runs without users explicit consent.   


Probable Solution  #103: Careful rewrite of (27)

Problem #104: A It greatly isolates the wrong-doer but skips the active helper, encourager, supporter, or countenance by aid or approval. Cyber crimes often need skillful people who may be hired to do a certain part of the task, so the law should extend to all aides, from camera man to the cyber-shop who helps to upload the violating image to the web or mobile device. 

Problem: #104: B If say someone who is not involved in the accessing/producing/storing/primary-sharing but on-purpose or knowingly shared or "Like"-ed the content to spread in the internet,  He/She should be prosecuted.  

Probable Solution  #104: A further detailed rewrite of 21 to include encourager (may not be technological) , supporter(may not be technological)  or countenance by aid or approval (the primary and secondary facilitators) of the wrong doings. 

Bangladesh Penal Code 

Constitution of P.R. of Bangladesh

Problem #105:  This section empowers an individual to claim his/her feelings were hurt! How do one quantify an individuals feelings? Our Penal Code Section 295A recognizes "religious feelings of any class of the citizens of Bangladesh" which is much more demonstrate-able than a single individual's mental state. Besides in light of Article 39(2).(a) Bangladeshi citizens have the right to express their thoughts may it be of religious nature. 

Probable Solution  #105: Remove this ধারা-১৯,  as Penal Code Section 295A provides meaningful coverage. 

Problem #106: Will ধারা-৩২ provide  immunity to the cooperating perpetrator ? The verbiage is confusing .

Probable Solution  #106:  Rewrite to confirm that cooperating perpetrator is not meant to get this immunity. 

Problem #107: 
ধারা-১৭ provides security to young girls against unfaithful husbands, presumed or forceful  lovers and eventually prostitution, this needs to be a very much empowering to the law enforcement agencies than be of non cognizant laws. These are becoming common cries in remote towns. A forceful  lover can destroy his/her girl/boy in few minutes in the net, so time is of essence.


Probable Solution  #107:  My recommendation is to make this category under ধারা ৩৬।ক , a cognizable but bailable law.


Ref: 

BD Constitution 

http://bdlaws.minlaw.gov.bd/sections_detail.php?id=367&sections_id=24587

BD Penal Code

http://bdlaws.minlaw.gov.bd/pdf_part.php?id=11

The DRAFT law thats been reviewed: 
https://www.dropbox.com/s/4fyo258xou5rp4y/DRAFT_%E0%A6%A1%E0%A6%BF%E0%A6%9C%E0%A6%BF%E0%A6%9F%E0%A6%BE%E0%A6%B2_%E0%A6%A8%E0%A6%BF%E0%A6%B0%E0%A6%BE%E0%A6%AA%E0%A6%A4%E0%A7%8D%E0%A6%A4%E0%A6%BE%20_%E0%A6%86%E0%A6%87%E0%A6%A8_%E0%A7%A8%E0%A7%A6%E0%A7%A7%E0%A7%AB_Digital_Security_Law_2015.pdf?dl=0