<%-- Page Title--%> Law Campaign <%-- End Page Title--%>

May 9, 2004

Cyber legislation
Critical challenge for Bangladesh

Mohammad Osiur Rahman & Mohammad Mahabubur Rahman

There are no political or natural boundaries in Cyberspace. Therefore, any crime or action committed in Cyberspace is not necessarily confined to the territorial jurisdiction of any particular state. So cyber crimes have to be prevented within a uniform and universal system. But considering the global phenomenon, this can be achieved by gradual uniform changes in the domestic legislations in accordance with the multilateral treaties and conventions (e.g. the WIPO Copyright Treaty, the WIPO Performances and Phonograms Treaty, TRIPS etc) among the states. Cyber crimes can be committed against persons and property in relation to the cyber space comprising unauthorised computer trespassing through cyberspace, computer vandalism, transmission of harmful programmes, and unauthorised possession of computerised information, the transmission of pornography, harassment of a person with the use of a computer such as e-mail as well as cyber-stalking. So necessarily Cyber law has to govern the legal issues of cyberspace. The term cyberspace is not restricted to the Internet only. But it is a very wide term that includes computers, computer networks, the Internet data software etc. Cyber law encompasses laws relating to Electronic and Digital Signatures, Computer Crime, Intellectual Property, Data Protection and Privacy, Telecommunications Laws, Electronic Signatures (especially Digital Signatures). They are becoming the de-facto standard for authentication of electronic records, electronic data interchange, e-mails etc. Our growing dependence on computers and the Internet has made us all potential victims of Internet threats.

Some countries have enacted legislations that specifically deal with computer crime and others have adapted their existing laws to make computer crime an offence under existing law. These laws are under the ambit of cyber law. Cyber law covers the Intellectual Property laws that relates to cyber space and its constituents. The Intellectual Property is related to Copyright law, Semiconductor law, Trademark law, and Patent law. Copyright law emphasises upon computer software, computer source code etc. Trademark law is related to domain names. Semiconductor law is related to the protection of semiconductor design and layouts. Patent law is related to computer hardware etc.

Many nations have enacted legislations relating to data protection and privacy within their jurisdictions. These laws would probably play a vital role because the dependence on insecure networks such as the Internet grows further. Telecommunication systems also fall within the ambit of cyber space and therefore Telecommunication Law would form an integral part of cyber laws. Adoption of dynamic cyber laws in the domestic legal system has become essential in light of the growth and advent of Information Technology systems. The use of technology by individuals and organizations for communication and business has made it imperative for the government to adopt new laws and policy. At the same time extensive changes should be introduced in the existing substantial and procedural law e.g. the Penal Code, the Criminal Procedure Code, the Evidence Act, the Copy Right Act, The Company Act etc.

IT Professionals, Security Consultants, IT students, Security auditors and network administrators, judges, bakers, Chartered Accountants other concerning people can provide logistic, linguistic and technical support to our government in the area of cyber law legislation and national IT policy to cope with the global scenario. And the government has to be much more dynamic and sincere to adapt with fast changing global and legal issues.

Mohammad Osiur Rahman is an Assistant professor, International Islamic University Chittagong and Mohammad Mahabubur Rahman is a Lecturer, Premier University Chittagong.