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Emerging Cyber Threats in Bangladesh: In Quest of Effective Legal Remedies:

Author:–Advocate Shoaibur Rahman Shoaib

Introduction

With the advent of technology human beings are becoming exclusively dependant on automation and we can see its influence on all spheres of our life. The history of automation began when Babbage invented computer and especially a new horizon was opened before us with the invention of network particularly the Internet and World Wide Web (WWW). Internet has become the backbone of all kinds of communication systems and it is also one of the most important sources of knowledge in the present digitalized world.

Cyber Crime Defined-

It is a technological crime and a misnomer term. It is also known as computer crime, electronic crime, hi-tech crime and e-crime.

It may be divided into two types:

1. Crimes that target computer networks or resources directly

2. Crimes facilitated by computer networks or devices

It is further subdivided into the following four categories:

  • Cyber crime against individuals
  • Cyber crime against property
  • Cyber crime against organization and
  • Cyber crime against society at large

This crime can be broadly defined as criminal activities using information and communication technology including the followings, which can be commited against the above mentioned groups:

Against Individuals:-

a) Hacking or Cracking

b) Illegal/Unauthorised access

c) Illegal interception (by technical means of non-public transmissions of computer data to, from or within a computer system)

d) Data interference (unauthorized damaging, deletion, deterioration, alteration or suppression of computer data)

e) E-mail spoofing

f) Spamming

g) Cheating and Fraud

h) Harassment and Cyber stalking

i) Indecedent exposure

j) Defamation

k) Drug trafficking

l) Transmitting virus and worms

m) Intellectual property crimes

n) Computer and network resources vandalism

o) Internet time and information thefts

p) Forgery

q) Denial of services

r) Dissemination of obscene material

Against Property:-

a) Credit card fund

b) Intelluctual property crimes

c) Internet time theft

Against Organizations:-

a) Unauthorised control/access over the network resources and websites

b) Exposing indecent/obscene materials over the web pages

c) Virus attack

d) E-mail bombing

e) Salami attack

f) Logic bomb

g) Trojan horse

h) Data diddling

i) Blocking from access

j) Theft of important possessions

k) Terrorism against government organizations

l) Vandalising the infrastructure of the network

Against Society:-

a) Forgery

b) Online gambling

c) Trafficking

d) Pornography (specially child pornography)

e) Financial crimes

f) Polluting the youth through indecent exposure

g) Web jacking

The crimes mentioned above may be defined briefly as follows:

Software Piracy:

Theft of software through the illegal copying of genuine programs or the counterfeiting and distribution of products intended  to pass for the original.

IRC Crime:

Internet Relay Chat (IRC) servers have chat rooms in which people come together and chat with each other.

Criminals use it for meeting co-conspirators

Hackers use it for discussing their exploits/sharing the techniques

Paedophiles use chat rooms to allure small children

Cyber Stalking:

in order to harass a woman her telephone number is given to others as if she wants to be friends with males Phishing: It is a technique of pulling out confidential information from the bank/financial institutional account holders by deceptive means.

Hacking:

Hacking is a simple term which means illegal intrusion into a computer system without the permission of owner/user

Denial of Services:

This is an act by the criminal, who floods the bandwidth of the victim’s network or fill his e-mail box with spam mail depriving him of the services he is entitled to access or provide, or when internet server is flooded with continuous bogus requests so as to denying legitimate users to use the server or to crash the server.

E-mail Spoofing:

A spoofed email is one in which e-mail header is forged so that mail appears to originate from one source but actually has been sent from another source.

Spamming:

Spamming means sending multiple copies of unsolicited mails or mass e-mails such as chain letters.

Cyber Defamation:

This occurs when defamation takes place with the help of computers and or the internet. e.g. if someone publishes defamatory matter about someone on a website or sends e-mails containing defamatory information.

Harassment & Cyber Stalking:

Cyber Stalking means following every moves of an individual over internet. It can be done with the help of many protocols available such as e- mail, chat rooms, user net groups etc.

 

 

Salami Attack:

When negligible amounts are removed and accumulated into something larger. These attacks are used for the commission of financial crimes. Criminal makes such program that deducts small amount like Tk. 3.50 per month from the account of all the customers of the bank and deposit the same in his account. In this case no account holder will approach the bank for such small amount but the criminal gains a huge amount.

Intellectual Property Crimes:

These include software piracy: illegal copying of programs, distribution of copies of software, copyright infringement:

trademarks violations:  theft of computer source code.

Virus Attack: A computer virus is a computer program that can infect other computer programs by modifying them in such a way as to include a (possibly evolved) copy of it. Viruses can be file infecting or affecting boot sector of the computer. Worms, unlike viruses do not need the host to attach themselves.

E-mail Bombing: E-mail bombing means sending large number of mails to the individual or company or mail servers thereby ultimately resulting into crashing.

Logic Bomb: It is an event dependent program, as soon as the designated event occurs, it crashes the computer, releases a virus or any other harmful possibilities.

Trojan Horse: It is an unauthorized program which functions from inside and seems to be an authorized program, thereby concealing what it is actually doing.

Data Diddling: This kind of an attack involves altering raw data just before it is processed by a computer and then changing it back after the processing is completed.

ForgeryThe business world relies heavily on the production and exchange of legitimate documents to express legal rights and obligations,prove important facts, and exchange vital information. When these documents are falsified in any way, a crime known as forgery, social order and stability are challenged.

Cyber Terrorism: Cyber terrorism is the convergence of terrorism and cyber space. It is generally understood to mean unlawful attacks and threats of attack against computers, networks, and where the information stored.

Web Jacking: Hackers gain access and control over the website of another, even they change the content of website for fulfilling political objective or for money.

The most common cyber attacks and crimes are listed below in Bangladesh:

1. Blackmailing girl by capturing their nude photographs and video on the sly and threatening to expose publicly. Such incidents are caused frequently by their boyfriends and others.

2. A number of community websites have been introduced, which the young girls and boys are using to exchange phone numbers for Posting hidden videos or even pictures with nudity etc.

3. Hacking in the website of Bangladesh Computer Society, which took place after a few days of a 3 day-long ‘Regional Seminar on Cyber Crime’ in Dhaka.306

4. E-mail threatening the current Prime Minister Sheikh Hasina from a cyber cafe.

5. Hacking into the Internet account of Barisal DC office in 2003 AD,the incident was revealed after the DC office received a heavily bloated Internet bill and lodged a complaint with the Bangladesh Tar and Telephone Board (BTTB).308

6. Hacking took place in the website of Bangladesh Rapid Action Battalion (RAB) in 2008, during the access to http://www.rab.gov.bd, the website read: “Hacked by Shahee_Mirza.

7. Hacking the mail of BRAC Bangladesh310

8. Stealing the transaction report of Dhaka Stock Exchange through hacking

9. Inserting naked pictures to the website of Bangladesh National Parliament.312

10. Inserting naked pictures to the website of Jamate Islami Bangladesh.313

11. Inserting naked pictures to the website of The Daily Jugantor.314

12. E-mail threatening to World Bank Dhaka Office

Some New Dimensions as Remedy against Cyber Crime No doubt technological defense is better than legal remedy in preventing hi tech crimes, but there is always a chance of destruction of such defenses as these are not of perpetual nature. People who are more advance in technology than us can smash the security wall anytime. So, legal and other related remedies are obligatory to fight the war against the said circumstances. In addition to the present remedies the state can commence some new course of actions which are being trailed by some developed hi-tech state of the world.

Let us have a glance at their features:

I) Constitutional Safeguard: Bangladesh is a country of constitutional supremacy. Constitution plays the mother role in preserving and ensuring the rights and duties of both the state as well as the mass people. Constitutional provisions against cyber crimes may escort the cyber warfare to a national temperament which may result in a better form than any other organizational and legal remedy. Constitutional amendment may be the introducing procedure of such provisions.

II) Special Wing of Police: For a digital Bangladesh, we need to equip our law enforcement agencies with training and technology to ensure peaceful cyber cloud. Cyber criminals are not the rivals of any specific country or of a region; rather they are the common enemies of the world. Citizens of the 21st century need to fight together against their common enemies. The rise of cyber crime insists the law enforcers to work as global police rather than regional or national police only. The Police Force through global partnership need to be able to meet the challenges of the technology to curb all crimes including Cyber Crime. U.K., U.S.A, India, Malaysia and some other developed countries have established special wings of police to combat the cyber war. Bangladesh can initiate such special police wings as a new armament against hi-tech threats along with other deterrent actions.

III) Cyber Crime Agency by Government: On the last 23rd July of 2009 North Korea twisted ‘Korea Internet and Security agency’322, a government agency uniting three of its preceding internet technology organizations. Now,this agency will endeavor to make North Korea a stronger and a safe advanced country in using internet. India and some other countries have also created such agencies. Considering the present situation of using internet and increasing cyber crime in Bangladesh, Government can also commence such types of agencies. The worth of such agencies is that these will be able to perform multidimensional actions like advancing the internet infrastructure,maintaining the ISPs, fixing the internet using charges, preventing the cyber threats etc.

IV) Watch Dog Group: These groups are enormously internet like the security oriented intelligence. They include capturing and receiving malicious software, disassembling, sandboxing, and analyzing viruses and trojans,monitoring and reporting on malicious attackers, disseminating cyber threat information etc. This doggy concept is not a new one. ‘Shadow Server Foundation’ can be an example of Watch Dog Groups which was established in 2004. These may be individual as well as governmental. At present there is no such organization in Bangladesh, but in consideration with the escalating cyber threats, these doggy groups can be one of the vital  onstituents for developing Bangladesh as an advanced country especially in internet technology.

V) Public Awareness: This course is no less important than technological precautionary actions, because most of the time common people become the victims of cyber threats and millions of computers are crashed away. So if it is possible to aware the populace about the nature, possible impairment and the antidote of the threats, it would be more convenient to defeat cyber criminals as well as save the virtual world and government can play the crucial role here. Like other vital issues, the government should create awareness among the mass people all over the country through different media. Besides, NGOs and other organizations can commence campaign in this regard.

Conclusion

At present we are a developing country and trying our best to be a developed one. In order to digitalize Bangladesh there is no alternative to secure technological advancement among which tenable internet using should prevail in priority. This advancement demands ICT experts of which we have great lacking. The state should move forward for creating such experts with indispensable national ventures. Besides this statutory shields should be made most effective by executing the aforesaid course of actions.

Finally, we have to remember that technology is such a thing which is changing its nature and direction every moment and we have to achieve the maximum capability to fight its change in every moment change both in physical and virtual world for a perpetual existence.

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