Experts have opined that there is no alternative to cyber security laws to meet the growing crime challenge. At the same time, they called for urgent amendments to the existing Cyber Security Act 2023.
Legal experts, ICT representatives and media professionals spoke at a round table discussion on Tuesday (October 8) highlighting the importance of protecting citizens' freedom of speech and national security. Information and Communication Technology Secretary Sheesh Haider Chowdhury and BTRC Chairman Major General (retd) Emdad Ul Bari were the guests of honor at the round table.
According to experts, while the Cyber Security Act has some controversial issues, it is essential to protect the country's digital infrastructure, secure online transactions and combat cyber crime. They emphasized the need to strike a balance between national security and the protection of civil rights.
This issue came up for discussion in a round table meeting titled 'Cyber Security Act: Balancing Security and Freedom of Expression' organized by Telecom and Technology Reporters Network Bangladesh (TRNB) and Anwar Technologies at BRAC Inn Center in Mohakhali.
TRNB President Sameer Kumar Dey presided over the meeting. The original article was presented by Rashed Mehdi, former president of TRNB and editor of Views Bangladesh. TRNB General Secretary Masuduzzaman Robin delivered the welcome speech.
Speakers said cyber security laws are essential in today's digital age, providing a strong legal framework to protect against growing threats such as hacking, identity theft and cyber fraud. It ensures the protection of critical sectors including the financial and energy sectors, increases access to secure digital transactions and strengthens public confidence in online services.
By regulating cyber activities and combating misinformation, cyber laws create a secure digital environment and encourage the development of e-commerce and technology. It ensures the protection of citizens, businesses and the nation's digital infrastructure by balancing security and innovation.
They said some provisions of the Cyber Security Act, such as blocking of digital content and warrantless arrests, are causing concern. This law can be used to suppress dissent and limit freedom of speech.
Vague terms like 'spreading propaganda' or 'hurting religious sentiments' can be targeted by journalists and critics of the government. The law could undermine civil liberties and stifle legitimate online expression, they said, calling for an amendment to the controversial clause.
Information Technology Secretary Sheesh Haider Chowdhury stressed the importance of adopting the principle of 'Snake will die and stick will not break' in the round table discussion stating that the Cyber Security Act is being updated. He said transparency is a big issue in security. It has to be seen whether there is anything negative in the language of the Act. Law cannot be prescriptive. Self-censorship doesn't mean we don't say what needs to be said.
Regarding cyber security, the secretary said, we have regained freedom of speech through the July 36 revolution. We all have to be responsible to make it meaningful. The National Cyber Security Authority (NCSA) is running with just three-four people from my office. But it needs to be strengthened. At the same time, we want to have more civil dialogue with citizens. This law will be amended with the consent of all parties.
Another key negotiator, BTRC Chairman Emdad Ul Bari, said that it is not easy to maintain a balance in terms of data protection and information sharing. This includes the conflict between individuals and institutions. The biggest challenge is balancing freedom of speech. If we can reduce the distance between culture, ethnicity then the solution will be easy. This solution has to be 'tailored' by ourselves. Legislation should be made to detect digital crime. By thinking in advance how we will use any technology, we can determine what values we will follow in the future, how much we will depend on the device.
Mentioning that cyber security depends on two domains, cognitive and technology, he said, unfortunately, there is a gap between these two. We are not specifying this. The opinion was given because one of the parties could not provide security while bringing the 3G. Again the merchants flourished. No argument is infallible. So the gap between these two needs to be figured out.
Speaking on the main discussion, information technology expert Suman Ahmed Sabir said, I think it is unreasonable to prosecute for space-based crimes. Crimes should be judged according to the gravity and impact of the crime. In fact, we need the ability to prove crimes through new means. State security of information is important here because we cannot control them by law. We need to strengthen cooperation with global alliances to control cross-border crime. Freedom of speech must be ensured to fulfill the dreams of the new generation. At the same time, we need to increase our capacity with the development of technology.
Wayez R Hussain, co-founder of Anwar Technologies, the technology arm of Anwar Group of Industries, said it is essential to improve cyber laws in the digital age, as artificial intelligence is increasing the level of security risks. It is important to prevent cybercrime, protect mental health and ensure the fundamental freedoms of young people in particular. Besides, software is a source of innovation for the development of industries and startups. Intellectual property protection is very important to literature.
We have grown up in a digital environment. We are at risk if the law does not protect young people because, in cybercrime, freedom of speech, online harassment, cyber bullying etc. should be given importance. In addition to the youth, citizens and businesses must also ensure protection.
Robi's company secretary Barrister Saheed Alam said, as a law student, I understand that there is no such thing as digital domain infrastructure in our country. Out of the 60 sections of the Digital Security Act, 37 sections were to identify offences. It counts 18 offences. However, Bangladesh is in a good position in terms of global cyber crime. But we are lagging behind in e-governance. So we need to first determine what we need a law for. In my opinion, there is nothing to amend the existing law. So it should be completely scrapped and renewed. The Telecom Act also needs to be updated or revamped to incorporate the digital economy.
BASIS former president Syed Almas Kabir said that awareness should be developed among common people to protect balance in freedom of speech. That is why the awareness of constructive criticism is very necessary from the school itself. This is why self-censorship is so important. In addition to this, how and to what extent digital forensics is acceptable in court should be looked at. Without data privacy in our country, our business will also be threatened. So first of all data categorization needs to be done based on sensitivity. At the same time we have to seriously legislate on the extent to which we can bring citizens under surveillance, legal interception. Otherwise, people will try to break the law. Therefore, in making laws, we have to get out of control.
MTB Secretary General Mohammad Zulfikar in making the new law should specify the sub-sections without giving too much importance to the crime. In case of violation of the law, there should be an opportunity for correction to proceed on the basis of partnership. Judges should be trained to detect crimes.
Managing Director of BD Finance Qaiser Hamid said that the country's financial sector is very risk prone. Every day there are 630 cyber attacks on the country's financial sector. So financial institutions need to fix their infrastructure by determining how cybercrime occurs. Data Protection Act to be enacted. Financial institutions should effectively implement Security Operation Centers. In this case, a managed table should be developed on behalf of Bangladesh Bank. At the same time it is necessary to determine what data should be kept in the country.
Nabil B. Arif, alumnus of Harvard University, said that cyber security laws should focus on protection and not punishment. It is unfortunate that the recent accidents have led to criticism on social media. It is not an act of law. So the language of our laws should be clean and understandable. People's safety should be given top priority so that they are not afraid. We must not forget, crime wounds are formed according to the type of crime. For this there needs to be judicial supervision. Crimes related to Facebook post content. That's not all. So regulating free speech should not take precedence over cyber security laws. That's why we need to make this law with the participation of students-teachers-business people. Otherwise it will not be possible to ensure freedom of speech.
