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Tuesday, November 13, 2018

There is no key in the Digital Security Act

There is no key in the Digital Security Act
There is no key in the Digital Security Act

There is no key in the Digital Security Act

At first, I say three things. One. I am not a lawyer, ICT worker. Two I have the full liability of this article. Three For the sake of understanding the readers and policymakers, try to explain some technical concepts simply and with examples.
There is a debate over some sections of Bangladesh Digital Security Act, 2018. I think, as much as what is in this law, more than that, what is not there in this law? It has been said, one of the main objectives of this Act is to ensure 'digital security'. But what does 'digital security' mean, its interpretation or definition is not in the law. Therefore, the rules that require digital security to ensure digital security are not in this law.

Suppose, you went to the law to keep me safe in milk. The natural expectation will be, in the form of microscope composition, temperature control, milk mixing and removal, during the time of preserving the milk during milking, etc., at any stage or in any situation, milk cannot mix anything, how are these technical (administrative) and administrative (administrative) Who will be the responsibility, who can open Mitsafe, who can not, after so much security, if milk is a car If it is lost or lying on the outside of milk, then there will be clear provisions on how to recover it, what responsibility will be in the recovery process, etc. This will be the provision of milk security.

But instead, if you want to keep a watch on the guard by continuing to enforce the guard: Do not touch the milk of the Khaddar, if this will be punished, it will be punished - then milk security will not be guaranteed; Rather, it will be removed from the original purpose of the act and the law will already become extant in the provisions of the existing punishment. The main objective that will ensure security, its implementation will be difficult. In addition, there is no such security law for those who want to make the provision of punishment that you are complying with, in addition to the existing punishments and other criminal law, there are adjustments made by adding some words.

So the biggest deficit of the Digital Security Act is, what is meant by digital security, its interpretation or definition does not exist. What did the developed countries do for cybersecurity law? From the work experience in the management post of ICT in Japan and England, I can say that the first defined the legal definition of 'cybersecurity'. In order to ensure the free information of the information, the information and technology of technical technology and management (management) need to be incorporated in integrating the characteristics of privacy, integrity, availability etc. Is digital security. '

For example, DESA or the government has the responsibility to protect your electricity bill information. The meter-reading, database of tariffs in the database and the final bills you give, do not make any information about the data, to ensure that the accuracy of the Dasar or government organization, and when printing bills, the database is down, you are not getting bills on time or you You can not find your meter-reading information for any reason by going to challenge the bill, it means that E-government agency could not confirm the availability of information. This is not one, many people will face suffering, everyone will be disturbed by economic activity. Therefore, it is important for the government to protect it while using information technology for the development of public education-economy-health-culture.

The question is, how will the government ensure the security of IT related information in information conservation, information communication, database, and information processing. The requirements of the law have been realized: the country has been enacted and is being implemented in the country. Somewhere in the name of cybersecurity law, somewhere under the Digital Security Act. In these laws, there are instructions on how to ensure the important services of the companies and to provide the necessary technical support to the system of information technology. In addition to how government agencies will be coordinated between the national government and the local government, how much will the responsibility of the digital security, budget, who will represent the country in cybersecurity in the international network, and what is the remedy for these rules in the government establishment?. At the same time, the laws and regulations are being made in the advanced world to see personal and other important information separately with digital security. Because of the privacy of private privacy or private citizens in these countries is basically Recognized as rights. Privacy Protection Act is being enacted to ensure the protection of privacy during this era of free exchange of information.

The Digital Security Act of Bangladesh does not provide any instructions or instructions for these systems. The hacking incident in Bangladesh Bank can be remembered. We have no clear idea about the weakness of this digital security of the central bank, whether it has been really removed or not. If hacking is done, will we know? What will the government tell? And what is the status of our other banks? They have to use swift and RTGS system as well. How do I understand that there is not the same weakness in them, which was on the Digital Bank of Bangladesh Bank? The legal provisions to ensure the digital security of these important information and information systems are protected by the Digital Security Security Act.

Cybercriminals must be a big threat to the IT infrastructure. The law requires them to be brought under trial. But digital laws have been very much a criminal code of conduct and the digital commentary on penalties Because, the crimes that have been said in most of the law of digital law are already in the forefront of criminal proceedings and penal provisions. Such as defamation, provocation, propaganda of 'anti-state', intentional false news propaganda etc. These crimes can also be done through analog. There is no need for separate laws to prosecute anyone through these crimes; In addition to the existing criminal procedure and penal code, the word 'digital media' is added. If you kill a person in a digital way by pressing a switch, then the same crime, the same punishment, the crime and the punishments that you killed in an analog with a knife. It does not have to create a digital security law.

Yes, in some cases there is new cybercrime, which can not be solved with the existing laws and word-links. Such as creating computer malware. Japan has access to computer access control laws and has identified some new possible offenses that can be related to cyber-related information, which are related to information security. England's Computer Assistance Act Digital laws of Bangladesh have also been referred to such crimes, such as unauthorized access to computer systems, malware etc. But some of the offenses are not in this law, such as phishing mail, doing unauthorized work after approval of the computer system.

There is a strong objection to section 32 of the Digital Security Act. This is actually the official commentary of the Official Secrets Act. It was not possible to solve the problem by adding the word 'Digital through' to the existing official secrets law.
Therefore, to eliminate the debate over the digital safety law, firstly define the concept of digital security as a clear language and to make sure that the safety of the security is involved. Secondly, continue the existing free exchange of information by removing the fears of the ordinary citizen and media workers by adding 'digital' words to other criminal laws that have already been defined by any other law or penal code. Thirdly, identify the cyber crimes that are not in any existing law, identify or define them in this law.

In this twenty-first century, digital security is very important from private to state level. The laws made to ensure this security must be favorable to everyone's interests, not just the interests of the regime.


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