INTRODUCTION:
The term ‘cyber
crime’ is a misnomer. This term has nowhere been defined in any statute /Act
passed or enacted by the Indian Parliament. The concept of cyber crime is not
radically different from the concept of conventional crime. Both include
conduct whether act or omission, which cause breach of rules of law and
counterbalanced by the sanction of the state.
Before evaluating the
concept of cyber crime it is obvious that the concept of conventional crime be
discussed and the points of similarity and deviance between both these forms
may be discussed.
Crime is a social and economic phenomenon and is as old as the human society. Crime is a legal
concept and has the sanction of the law. Crime or an offence is “a legal wrong that can be followed by
criminal proceedings which may result into punishment.” (1)The hallmark of criminality is that,
it is breach of the criminal law. Per Lord Atkin “the criminal quality of an act cannot be discovered by reference to any
standard but one: is the act prohibited with penal consequences”.
A crime may be
said to be any conduct accompanied by act or omission prohibited by law and
consequential breach of which is visited by penal consequences.
Cyber crime is
the latest and perhaps the most complicated problem in the cyber world. “Cyber
crime 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 cyber crime”.
A generalized
definition of cyber crime may be “
unlawful acts wherein the computer is either a tool or target or both”
The computer may be used as a tool in the following kinds of activity-
financial crimes, sale of illegal articles, pornography, online gambling,
intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber
stalking. The computer may however be target for unlawful acts in the following
cases- unauthorized access to computer/ computer system/ computer networks,
theft of information contained in the electronic form, e-mail bombing, data did
ling, salami attacks, logic bombs, Trojan attacks, internet time thefts, web
jacking, theft of computer system, physically damaging the computer system.
1.1: Background
In the
words attributed to the Greek Philosopher, Heraclitus, there is nothing permanent
but change. These words, written almost 2500 years ago, are very true today: we
are living in a constantly changing world. The most rapid pace of change that
we see is in the world of computer or the information and communication
technology. Over the last fifteen years, the increase in technology and the use
of computer, in both the personal and business sector has increased remarkably.
This technology advance has ensured that the twenty first century is the
information age. With all the possibilities that the new technology offers for
progress and development, the same technology can be used for malicious and
criminal purposes. A couple of years ago, fishing spelled with “F” was a
pleasant activity with a fishing rod or a net where you could land yourself a
nice meal for you and your family. Today, phishing, spelled with “PH” is an
activity with a fake website or email where one can land credit card or bank
account details. We are extremely dependent on the cyber
world
for both our professional and person al work. With this growing dependency on
information and communication technologies(ICT), there has emerged new threats
to network and information security. There is a never-growing vulnerability to
cybercrime in today’s world. This is also true for Bangladesh where the number
of internet users is growing rapidly and where ICT is important for the
economy.
1.2 Problems
Cybercrime
generally refers to criminal activity where a computer or network is the
source, tool, target, or place of a crime. These categories are not exclusive
and many activities can be characterized as falling in one or more. Although
the term cybercrime is more properly restricted to describing criminal activity
in which the computer or network is a necessary part of the crime, this term is
also sometimes used to include traditional crimes, such as fraud, theft,
blackmail etc., in which computer or networks are used. As the use of computers
has grown, cybercrime has become more important. Cybercrime, as a transnational
crime, is a global issue with a global impact. In creased sophistication of
cybercrime attacks and vulnerability of information available online is a
serious concern for institutions, law enforcement agencies and other
stakeholders
2Victims
of these attacks are not just private citizens or organizations with limited
resources available to protect themselves but very large companies.
1.3 Objectives
The
overall purpose of the study 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:
•Types
of cybercrime with the profile of cyber criminals and victims;
•Impact
of cybercrime against individuals;
•Impact
of cybercrime against organizations;
•Impact
of cybercrime against the Government;
•Necessary
Legislations in Bangladesh to tackle Cybercrime.
1.4 Scopes and Limitation
Cybercrime
does not know the border. The same technology that brings people of the world
closer together has a darker side, making it easier for criminal or malicious
elements to steal, destroy, corrupt, defraud and exploit. They do not have to
be near they can do so from another country or continent. Internet technology
has come to Bangladesh quite late. But, the country does not leg behind when it
comes to cybercrimes. As most of the organizations in Bangladesh are very keen
to use the opportunity of the internet technology, the potential threats can
not be ruled out. Due to availability and comparatively cheaper prize of a
personal computer, interest to use them for day to day personal business is
being grown up. Considering the above views, the study was conducted at all
levels (corporate and/or personal) in where ICT has arrived with its prospect.
The study has suffered certain limitations as below:
•The
duration of the study was very short. More in-depth investigation would have
resulted better outputs;
•Lack
of resources has hampered the study to some extent;
•Access
to information is very difficult. In most cases, concerned persons were very
rigid to share adequate information.
1.5 Hypothesis
Technology
is used by both Crooks and Cops! Cybercrimes such as online hacking, software
piracy, virus dissemination, child pornography, credit card fraud etc.
represent new crime methods, and continue to grow at an alarming rate. These
create new and severe problems that are very complex to tackle. Organizations
are being cheated with a lot of money as well as information. At the same time,
they are engaging huge resources to hi 1.6 Rationale
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 has started working how to tackle cybercrime and improve
effective communications. In the view above, it can be assumed that this report
in general will be helpful for all concerned. In particular, development
partners will be able to identify the how it affects in every arena of our
country. Persons will be able to become aware having idea how it impacts to
human life. Finally, policy makers will be having a clear idea on the impacts
of cybercrime to all arenas that will enable to prepare and implement a
comprehensive strategy or action planner it.
1.6 METHODOLOGY
By
design, this is an exploratory type of qualitative study attempts to unearth
the in-depth of cybercrime in Bangladesh.
1.7 Study Area
The
study has been carried out in all sectors where technological intervention has
already become as essential. The below table shows the organizations covered
within the purview of the study:
Hot
Spot Cybercafé in Mirpur. Blue Planet.Com in Dhanmondi. Global Windows in
UttaraBanksiv. Dhaka Bank Private University. Eastern University. University of
Asia PacificGovernment Agenciesvii. Cybercrime Unit at CID, BP
1.8 Target Audiences
In
order to collect relevant information for the study following target audiences
were brought within purview of the study (Appendix 1):
•Manager
of Cybercafé
•Technical
Experts of Cybercafé
•Automatic
Trailer Machine administrator in Bank
•Students
of Computer Science of different universities
•Members
of Cybercrime Unit at CID, Bangladesh Police
•Members
of general public
1.9 Data Collection Method
Employing
the following qualitative methods has collected the relevant information:
•Literature
Review (secondary source of information; journals, reports etc.)
•In-depth
interviews were made with the Manager and others of Cybercafé.
•Focus
Group Discussion with the students of private university.
•Key
Informant Interview with the Member of Cybercrime unit.
