ABSTRACT: is thought to be the earliest

ABSTRACT:

Cyber and technology related crime is gradually increasing in Bangladesh. It is a significant issue in Bangladesh. It has already been seen that a glomming threat becomes visible in the arena of information technology.

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Recently the hacking of RAB website and e-mail threats of former prime minister is example for few of them. In contrast, cybercrime is becoming a threat to government itself. Due to lack of necessary legislation to tackle such type of crime, cyber criminals are almost in the safe side to commit such crime.

In the Information and Communication Technology Act-2006 and ICT (Amendment) Act-2013 there are several clauses against cybercrime. But this Information and Communication

Technology act is not the concrete one. By enacting this act, there is a chance to become safe side after committing crimes.

So, considering these facts a comprehensive Cybercrime Protection Act should be imposed. This article incorporates the impacts   of cybercrime in Bangladesh especially focuses on the area of Personal life, Workplace as well as Policy making Bodies or   thinkers. I believe that this article would help all relevant concerns and especially policy makers.

Keywords: Cybercrime, Cyber Criminal, Impact, Criminal Profile, Legislation.

INTRODUCTION:

Cybercrime has had a short but highly eventful history. Apart from being an interesting study by itself, observing the history of cybercrime would also give the individual and society the opportunity to avoid the mistake made in past. The past recorded cyber crime took place in the year 1820! That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charles Babbage1. In 1994 the first online bank opened, called First Virtual. This opened up a lot of opportunities for hackers. Cybercrime was slowly becoming more popular. In 1995 the Secret Service and Drug Enforcement Agency (DEA) obtained the first Internet wiretap, which is exactly like a phone wiretap. The DEA was able to shut down a company who was selling illegal cell phone cloning equipment2. There is sharp rise in the

Cybercrimes in Bangladesh and the Law enforcement machinery is finding it really it really difficult to manage these technical crimes in Bangladesh. Cybercrime has already become a going concern in both private as well as public sector in Bangladesh. During the last decade private and public sector has done a revolution with the use of technical enhancement. Due to unauthorized intervention to the system, company loses huge confidential information which caused a large amount of financial lose. It has already been identified that especially Financial Institutions are in the most threading organization for cybercrime that at the same time reflects to the personal life. Some development partners have started working how to tackle cybercrime and improve effective communications.

 

 

 

 

 

 

 

 

 

OBJECTIVES:

The overall purpose of the article was to identify the impact of cybercrime in Bangladesh with regard to technological enhancement.

The study has embarked upon the specific objectives are to assess:

a) Types of cybercrime with the profile of cyber criminals and victims;

b) Impact of cybercrime against individuals;

c) Impact of cybercrime against organizations;

d) Impact of cybercrime against the Government;

e) Necessary Legislations in Bangladesh to tackle Cybercrime.

 

CYBERCRIME:

In Generally Cybercrime may be said to be those offences, of which, genus is the conventional

Crime, and where either the computer is an object or subject of the conduct constituting crime.

An prominent Advocate  Daggal  Pawan  Specialist on cybercrime define as “Any criminal activity that uses a computer either an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cybercrime”3. Another definition of cybercrime may be “unlawful acts wherein the computer is either a tool or target or both”.

Cybercrimes can be defined as ‘Crime against individual or organization by means of computer is called cybercrime. Cybercrimes are those crimes which are committed in a network environment or on internet.

 

TYPES OF CYBERCRIME:

Cybercrime is the latest and perhaps the most complicated problem in the cyber world. “Cybercrime may be said to be those species, of which, genus is the conventional crime, and where either the computer is an object or subject of the conduct constituting crime”. “Any criminal activity that uses a computer either as an instrumentality, target or a means for perpetuating further crimes comes within the ambit of cybercrime.

The followings are the top listed types of cybercrime:

 

1.       Hacking

Hacking is a simple term means illegal intrusion into a computer system without the permission of the computer owner/user. Hackers usually do that with the intention of obtaining confidential information. An Active hackers group, led by one Dr. Nuker, who claim to be founder of Pakistan Hacker Club, reportedly hacked the websites of Indian Parliament, Ahmedabad Telephone Exchange, Engineering Export Promotion Council, and United Nation, India.

 

2.      Virus Dissemination

Virus itself is software that attacks other software. It may cause for data loss, deduction of bandwidth speed, hardware damage etc. Trojan Horse, Time Bomb, Logic Bomb, Rabbit are the malicious software.

 

3.      Software Piracy

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

 

 

 

4.      Pornography

Pornography is the first consistently successful e-commerce product. Deceptive marketing tactics and mouse trapping technologies pornography encourage customers to access their website. Anybody including children can log on to the internet and access website with pornographic contents with a click of a mouse.

 

5.      Credit Card Fraud

You simply have to type credit card number into www page of the vendor for online transaction. If electronic transactions are not secured the credit card numbers can be stolen by the hackers who can misuse this card by impersonating the credit card owner. Through falsification of computerized bank accounts cores of taka may be misappropriated. In some cases people are arrested and charged for stealing and misusing credit card numbers belonging to others.

 

6.      Sale of Illegal Articles

Narcotics, weapons and wild life etc. are sold by posting information on websites, auction websites, and bulletin board or simply by using email communication. Many of auction sites are believed to be selling cocaine in the name of money.

 

7.      Cyber Stalking

Cyber stalking involves following a person’s movement across the Internet by posting messages on the bulletin boards frequented by the victim, entering the chat-room frequently by the victim, constantly bombarding the victim with emails etc.

 

8.      Email Bombing

Email bombing can be committed by sending huge number of emails to the victim resulting in the victim’s email account ( in case of an individual) or mail servers ( in case of company or an email service provider) crashing. Thousands of emails are sent to the personal account or mail server until it is crashed.

 

9.      Data Diddling

Data diddling may be committed by altering raw data just before it is processed by a computer and then changing it back after processing is completed. Government offices may be victims to data diddling programs inserted when private parties were computerizing their systems.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

REASONS OF CYBERCRIME:

Hart in his work “The Concept of Law” has said ‘human beings are vulnerable so rule of law is required to protect them’. Applying this to the cyberspace we may say that computers are vulnerable so rule of law is required to protect and safeguard them against cybercrime11.

The reasons for the vulnerability of computers may be said to be:

 

1.       Capacity to store data in comparatively small space

The computer has unique characteristic of storing data in a very small space. This affords to remove or derive information either through physical or virtual medium makes it much easier.

 

2.      Easy to access

The problem encountered in guarding a computer system from unauthorized access is that there is every possibility of breach not due to human error but due to the complex technology. By secretly implanted logic bomb, key loggers that can steal access codes, advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass firewalls can be utilized to get past many a security system.

 

3.      Complex

The computers work on operating systems and these operating systems in turn are composed of millions of codes. Human mind is fallible and it is not possible that there might not be a lapse at any stage. The cyber criminals take advantage of these lacunas and penetrate into the computer system.

 

4.      Negligence

Negligence is very closely connected with human conduct. It is therefore very probable that while protecting the computer system there might be any negligence, which in turn provides a cyber criminal to gain access and control over the computer system.

 

5.      Loss of evidence

Loss of evidence is a very common & obvious problem as all the data are routinely destroyed.

Further collection of data outside the territorial extent also paralyses this system of crime investigation.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IMPACT OF CYBERCRIME AGAINST INDIVIDUALS:

Cybercrimes committed against people include various crimes like transmission of child pornography and harassment through e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography constitute one of the most important cybercrimes known today. Cyber harassment is a distinct cybercrime. Harassment can be sexual, racial, religious, or other. This also brings us to another related area–violation of citizen which is a crime of grave nature.

 

Harassment via e-mails

Harassment through e-mails is not a new concept. It is very similar to harassing through letters.

Bangladesh police recently has taken plan to set up a special unit to curb cybercrimes. The matter has become more urgent since an e-mail message was sent to Bengali daily Prothom Alo, issuing a life threat to Awami League president and Leader of Opposition Sheikh Hasina on August 23, 2004.

Another mail was sent to the police headquarters Aug 25, threatening Prime Minister Khaleda Zia, her son Tarique Rahman and Bangladesh Nationalist Party (BNP) lawmakers12.The police department took the mails seriously and decided to set up a cybercrime control unit, which will be the country’s first policing unit against cybercrime. Two young men, a private university student and a software engineer, were arrested in connection with the e-mail threatening the prime minister and another youth for threatening Sheikh Hasina. The first two have reportedly said that they had sent the mail for fun. As there is no nationwide computer infrastructure, no watchdog or security system has yet been developed in Bangladesh.

 

Cyber-stalking

The Oxford dictionary defines stalking as “pursuing stealthily”. Cyber stalking involves following a person’s movements across the Internet by posting messages (sometimes threatening) on the bulletin boards frequented by the victim, entering the chat-rooms frequented by the victim, constantly bombarding the victim with emails etc.

 

Pornography

Pornography on the net may take various forms. It may include the hosting of website containing these prohibited materials. Use of computers for producing these obscene materials and download through the Internet, obscene materials. These obscene matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind. Two known cases of pornography are the Delhi Bal Bharati case and the Bombay case wherein two Swiss couple used to force the slum children for obscene photographs. The Mumbai police later arrested them.

 

Defamation

It is an act of imputing any person with intent to lower the person in the estimation of the right thinking members of society generally or to cause him to be shunned or avoided or to expose him to hatred, contempt or ridicule. Cyber defamation is not different from conventional defamation except the involvement of a virtual medium. E.g. the mail account of Rohit was hacked and some mails were sent from his account to some of his batch mates regarding his affair with a girl with intent to defame him.

 

 

 

 

 

Fraud & Cheating

Online fraud and cheating is one of the most lucrative businesses that are growing today in the cyber space. It may assume different forms. Some of the cases of online fraud and cheating that have come to light are those pertaining to credit card crimes, contractual crimes, offering jobs, etc.

Recently the Court of Metropolitan Magistrate Delhi found guilty a 24-year-old engineer working in a call centre, of fraudulently gaining the details of Campa’s credit card and bought a television and a cordless phone from Sony website. Metropolitan magistrate Gulshan Kumar convicted Azim for cheating under IPC, but did not send him to jail. Instead, Azim was asked to furnish a personal bond of Rs 20,000, and was released on a year’s probation.

 

IMPACT OF CYBERCRIME AGAINST ORGANIZATIONS:

Unauthorized Control/Access over Computer System

This activity is commonly referred to as hacking. The Indian law has however given a different connotation to the term hacking, so we will not use the term “unauthorized access” interchangeably with the term “hacking” to prevent confusion as the term used in the Act of 2000 is much wider than hacking.

 

Possession of unauthorized information

In June 2003, Cyber pirates hacked into the Internet account of Barisal DC office marking the first cybercrime in the Barisal region. The computer hacking incident was revealed after the DC office received a heavily bloated Internet bill and lodged a complaint with the Bangladesh Telegraph and

Telephone Board (BTTB), which is the internet service provider for the DC office. The hackers, who somehow got hold of the password of the account, accessed it from several places in town including an IT firm, residences of an ADC and a joint secretary, and a Pharmaceutical company.

 

Software Pirate and Copyright

Results of an anonymous experiment conducted on more than 4,800 students in San Diego were presented at the American Psychological Association conference. It says that 38 percent of teenagers were involved in software piracy. In the context of Bangladesh most of the computer users are in the habit of using pirated software.

 

Financial Institutions are at risk

Bangladesh’s financial institutions are at risk from hackers. In the country financial institutions have introduced various online features like online banking, stock exchange transactions but are not able to provide the highest security. Source said the cyber criminal networks through Internet have attacked our country’s technology infrastructure.

 

 

 

 

 

 

 

 

 

 

 

IMPACT OF CYBERCRIME AGAINST THE GOVERNMENT:

Cyber terrorism is one distinct kind of crime in this category. The growth of internet has shown that the medium of Cyberspace is being used by individuals and groups to threaten the international governments as also to terrorize the citizens of a country. This crime manifests itself into terrorism when an individual “cracks” into a government or military maintained website. In a report of it was said that internet was becoming a boon for the terrorist organizations.

 

Cyber terrorism against the government organization

At this juncture a necessity may be felt that is the need to distinguish between cyber terrorism and cybercrime. Both are criminal acts. However there is a compelling need to distinguish between both these crimes. A cyber crime is generally a domestic issue, which may have international consequences; however cyber terrorism is a global concern, which has domestic as well as international consequences. The common form of these terrorist attacks on the Internet is by distributed denial of service attacks, hate websites and hate emails, attacks on sensitive computer networks, etc. Technology savvy terrorists are using 512-bit encryption, which is next to impossible to decrypt. The recent example may be cited of – Osama Bin Laden, the LTTE, attack on America’s army deployment system during Iraq war. Cyber terrorism may be defined to be ” the premeditated use of disruptive activities, or the threat thereof, in cyber space, with the intention to further social, ideological, religious, political or similar objectives, or to intimidate any person in furtherance of such objectives”. Another definition may be attempted to cover within its ambit every act of cyber terrorism. A terrorist means a person who indulges in wanton killing of persons or in violence or in disruption of services or means of communications essential to the community or in damaging property with the view to –

(i)                 putting the public or any section of the public in fear; or

(ii)               (ii) affecting adversely the harmony between different religious, racial, language or regional groups or castes or communities; or

(iii)             coercing or overawing the government established by law; or

(iv)              endangering the sovereignty and integrity of the nation and a cyber terrorist is the person who uses the computer system as a means or ends to achieve the above objectives. Every act done in pursuance thereof is an act of cyber terrorism.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Some New Dimensions as Remedy against Cyber Crime:

No doubt technological defense is better than legal remedy in preventing hitech 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’25, 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 constituents 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

 

CONCLUSION:

Basically, no notable cyber crime has yet been committed in Bangladesh. The gradual dependence and extensive use of computer and information technology by the financial institutions like bank, insurance company, and other non-government organizations increase the fear of commission of cyber crime here. Computer has been used as a tool of crime like making forged certificates and documents for a number of years in Bangladesh though the incident of targeting computer or computer system is very unusual.