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.
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.
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