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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