Draft CSO: Clause letting cops search devices sans warrant dropped, ICT secretary says

The controversial clause in the draft of the Cyber Security Ordinance 2024 that would allow police to inspect anyone's digital devices without a warrant has been dropped, ICT Secretary Shish Haider Chowdhury has said. 

"The draft, developed with input from stakeholders, is now free from any clauses that could be deemed oppressive to any professional community," he said at a press briefing today (22 January).

He said the revised draft might become an ordinance by six weeks. 

Now, only cyber attacks on critical information infrastructure will allow law enforcement agencies to search or seize a suspect's devices or arrest them (without any court warrant), added the secretary.

In addition, eight other controversial clauses have been dropped from the draft of the Cyber Security Ordinance 2024, which was approved in principle by the council of advisers on 24 December. 

The dropped clauses include offenses and penalties related to alteration of computer source code (Clause 20), penalty for spreading hateful, confusing and defamatory propaganda about the Liberation War and its spirit, and Bangabandhu Sheikh Mujibur Rahman, the national anthem and the national flag.

Among other dropped clauses are – penalty for identity fraud or impersonation (Clause 24), penalty for spread or publicity of offensive, false or threatening data or information (Clause 25), penalty for collection and use of contact information without permission (Clause 26), penalty for publicity and dissemination of defamatory information (Clause 29), offenses and penalties for undermining law and order (Clause 31), penalties for hacking (Clause 32).

Also, Clause 55, concerning the takeover of the cyber security director general, has also been revoked. 

Besides, the clause related to cyber bullying has been dropped, and a new clause under the title, "cyber crime against women and children", has been incorporated instead. 

Also, another provision has been included making it mandatory that if any digital device is seized in connection with any cyber crime, it must be presented before the court within 24 hours of the seizure.

In the draft, while the scope to make arrests without a warrant has been limited to only critical information infrastructure hacking cases, the police officer concerned will be bound to show written reasons for any seizure under Clause 36.

In addition, tampering with national identity (NID) cards will be regarded as a cyber crime, and the spread of any hateful information involving any religion or community will come under penalty.

Faiz Ahmad Taiyeb, ICT Division's policy adviser for coordination and reforms, also spoke at the event.

The draft eyes security in cyberspace as well as no oppression through its controversial clauses like before, he said.

Citizens can send their opinion on the updated draft till 6 February.