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Welcome to Advocacy360°Session – 3

February 12, 2014

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Disclaimer

[[This presentation is for BRAC Advocacy staff to be presented on Advocacy360°

forum and non-commercial use only.]]

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Rewind

S M Mamunur Rasid

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Previous Episode‘s Agenda• Public speaker – Afsan Chowdhury

– How does BRAC work – (10mins)

• Office tips and tricks - (15 mins)a.Tarek Aziz

– Exclusive Windows tipsb. Hamim Rahman

– Ms Office tips – Page and Lay out• New media and out of the box - 10 mins

a. Nadia Afrin Shams– A tribute to Madiba

b. Abdullah Al Shariatullah Kajal– ICT forum message

• Gaan and Fun -

a. Naseef Faruque Amin

- Singer of the month

• Open session for audience - 10 mins

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Today’s Agenda• Recap – 3 mins• Public speaker – Snigdha Ali on Advocacy and Behavior• Office tips and tricks - (12 mins)

a.Tarek Aziz - Windows tips to smooth office work.b. Mohammad Shamim – Online Leave and visit

form.• New media and Out of the box – (10 mins)

a. Naseef Faruque Amin – Out of the box – ICT law vs liberty risk

b. Mohd. Abdullah Al Shariatullah Kajal – 12 steps to be a blogger.

• Open session for audience - 10 mins

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Public Speaking …

Advocacy and Behavior

Snigdha Ali

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Windows Tips

Tarek Aziz

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If computer freeze or hangPress

Ctrl + Alt + Delete

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If computer freeze or hangWindows Task Manager

Application

Select/Click the task

End Task

Close Windows Task Manager

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To change folder Icon

Right click on folder

Properties

Click on Customize

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To change folder Icon

Click change Icon Select Icon Click ok

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Out of the box

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Amending ICT Law VS Liberty Risk

Commentary on ‘Information and Communication Technology Act (Amended), 2013’

Naseef Faruque Amin

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“The aspirations of free peoples are seldom harmful to liberty, because they result either from oppression or from fear that there is going to be oppression.”

– Niccolo Machiavelli, Discourses I.4

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Name of the Law and its amendment

• ‘Information and Communication Technology Act, 2006.’

• On September 20, 2013 the treasury bench placed a bill in parliament purporting to further amend the current law of the land on information and communication technology.

• Amendment: ‘Information and Communication Technology Act, (Amended) 2013.’

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Why this law? What threats?

• Threats of Cyber-crime

• Biggest privacy problem - data breaches

• Cracking (hacking)

• Copyright Infringements

• Child Pornography

• Child Grooming

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Crimes that primarily target computer networks or devices include:

• Computer viruses• Denial-of-service attacks• Malware (malicious code)

Crimes that use computer networks or devices to advance other ends include:

• Cyberstalking• Fraud & identity theft• Information warfare• Phishing scams

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Defining crime: everything is put on the same dish!

• Lengthy portion of Chapter VIII (namely ss. 54-67) of ICT Act, 2006 provides for identification of cyber offences.

• Section 57(2), for instance, provides for punishment for ‘publishing fake, obscene or defaming information in electronic form’.

• Now you should ask: How to determine an electronic offence? • The law replies: ‘If any person,’ as s.57(1) provides, ‘deliberately publishes or

transmits or causes to be published or transmitted in the website or in electronic form any material which is fake or obscene or its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice the image of the State or person or causes to hurt or may hurt religious belief or instigate against any person or organisation, then this activity of his will be regarded as an offence.’

• This is quite a tall order and needless to say, everything is put on the same dish!

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When we don’t get a clear explanation about the crime what should we call it? :

Unclear? Confusing? Vague?

There are at least three orders of confusion:

• scope of offences

• the process of bringing in charges

• the enforcement procedure.

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Increasing the duration of imprisonment

• ICT Act, 2006 provides for a maximum punishment of 10 years where the proposed amendment increase it to 14 years maximum and 7 years minimum.

• Betrays faith in retribution.• Retributive crime – Let the punishment fit the crime. • Retribution is not vengeance. Rather it is directed only at

wrongs, has inherent limits, is not personal, involves no pleasure at the suffering of others, and employs procedural standards.

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Some criticisms: Unjustly empowering law officers

• An ominous aspect is the proposed provision for empowering the law officers to arrest a suspect without judicial warrant.

• As the corresponding provision of the extant law has it, in order to file a case against someone and issue an order of arrest the police are under the obligation to obtain prior permission of authorities concerned.

• The proposed amendment wants to do away with it.

It looks ominously like some pious follower of deterrence at work here !

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Some criticisms: Issue of bail

• ICT Act, 2006 offences were considered as bailable.

• In the proposed amendment they have, however, been made non-bailable, leaving it at the mercy of the judge.

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Some criticisms: Freedom of expression Vs Cyber Crime

• Involved here is no less than that fundamental question, namely the right of the citizen to freedom of speech and freedom of expression and freedom of the press, the violation of which is considered to be a cardinal sin.

• Article 57 of the draft, “any willful release on websites or any other electronic platform of any material which is false, vulgar, defamatory, liable to cause deterioration of law and order, or tarnishes the image of the state or individual, or hurts religious sentiments is treated as a cyber crime.”

• There is no clear line of demarcation between the limit of freedom of expression and defamation or cyber-crime.

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Some criticisms: Lack of sufficient stakeholder consultation

• Technical experts argue that the government would not be able to tackle cyber-crimes with this kind of inefficient law.

• The proposed law, for instance, does not cover a majority of crimes committed through mobiles.

• It considered emails as evidence, which conflicts with the country’s law of evidence.

• To tackle the growing number of cyber-crimes, the government should have consulted with all the stakeholders.

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What is to be done!

• Government should consult these issues with relevant stakeholders and come clean by drafting rules so that they do not hinder fundamental rights like freedom of speech and expression.

• And there is a scope for policy advocacy to offset the criticisms of this law; which is already asserted as ‘Black Law’.

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ICT forum message

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Online leave and visit form:New ICT products from BRAC

Mohammad Shamim

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Online Leave Form

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Online Leave Form Home page

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Start online leave

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Fill up online leave Form

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Online Visit Form

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New Media

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12 Steps to become a blogger

Mohd. Abdullah Al Shariatullah

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Let’s start blogging

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Step-1: go to blogger.com

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Step-2: Continue to blogger

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Step-3: new blog

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Step-4: Title, Address, Template

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Step-5: correct url

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Step-6: you are ready to start

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Step-7: Write your first blog

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Step-8: Add Link on your post

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Step-9: Add photo on your post

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Step-10: Publish your blog

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Step-11: Let’s taste it

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Congratulations! You are a blogger now

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We commemorate language martyrs on this month

Photo: Mithun Das

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Valentine Day campaign of shobujpata, a green forum

Day based program: effective tool for advocacy Source: www.shobujpata.com & www.fb.com/shobujpata.bd

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Any Questions???

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Advocacy Retreat: Akul appeal !!!

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Thank You

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