DSA Digital Security Act Preventive Measures Power to Remove or Block Data-Information (Section 8): – Regular monitoring of digital media to identify and assess potential threats to digital security. – Collaboration with the Bangladesh Telecommunications and Regulatory Commission (BTRC) to promptly remove or block data-information that poses a threat to digital security. – Responding to requests from the law and order enforcing force to address datainformation that hampers national solidarity, financial activities, security, defense, religious values, or public discipline. Emergency Response Team (Section 9): – Establishment of a National Computer Emergency Response Team (CERT) under the Agency for continuous and effective monitoring of digital security. – Formation of specialized CERTs by critical information infrastructures, with the approval of the Agency, to address specific security needs. – Inclusion of digital security experts and members of law and order enforcing force in the CERTs. – Immediate response to cyber or digital attacks, remedial measures, and proactive initiatives to prevent potential attacks. – Coordinative efforts, including information exchange with foreign teams or organizations, to enhance cybersecurity with the government’s approval. Digital Forensic Lab (Section 10): – Establishment of one or more digital forensic labs under the control and supervision of the Agency – Recognition of existing digital forensic labs established by government authorities before the commencement of the Act, subject to prescribed standards. DSA 1 – Coordination among digital forensic labs for effective collaboration and information sharing. – Compliance with rules governing the establishment, use, operation, and other aspects of digital forensic labs. Quality Control of Digital Forensic Lab (Section 11): – Ensuring the quality of each digital forensic lab by adhering to standards prescribed by rules. – Operating labs with properly qualified and trained manpower. – Ensuring physical infrastructural facilities, security, and secrecy of preserved datainformation. – Using quality instruments to maintain technical standards in digital tests. – Performing functions following scientific methods as prescribed by rules. List of Offense Section 17 Offense Description Punishment/Compensation Unauthorized Access to critical Information infrastructure Intentionally a)Unauthorized access to computer, system, or network b) causes or tries to damage it or make it inactive a. Imprisonment: Up to 7 years or Fine: Up to 25 lac or Both b. Imprisonment: Up to 14 years or Fine: Up to 1crore or Both Repeated: imprisonment for life or fine up to 5crore or both 18 Illegal Access to Computer, Digital Device, etc. Makes or abets a)illegal access to computer, system, or network b) illegal access with intent to commit offense a. Imprisonment: Up to 6 months or Fine: Up to 2 lac or Both b. Imprisonment: Up to 3 years or Fine: Up to 10 lac or Both DSA 2 Section Offense Description Punishment/Compensation (for offenses to protected systems) Imprisonment: Up to 3 years or Fine: Up to 10 lac or Both Repeated: Double punishment of that offense 19 Damage of Computer, Computer System, etc. and Punishment a) Collects data b) Intentionally inserts malware c) Willingly harm data or storage d) Obstructs authorized access e) Willingly create or sell spam f)Fraudulent service a. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both b. Imprisonment: Up to 10 years or Fine: Up to 25 lac or Both (repeated) 20 Offense and Punishment Related to Modification of Computer Source Code 1) Hiding, damaging, or modifying source code of computer programs a. Imprisonment: Up to 3 years or Fine: Up to 3 lac or Both b. Imprisonment: Up to 5 years or Fine: Up to 5 lac or Both (repeated) 21 DSA Punishment for Making Propaganda Against liberation war, spirit of liberation war, father of the nation, national anthem or national flag makes or instigates to make Propaganda against national symbols and history a. Imprisonment: Up to 10 years or Fine: Up to 1 crore or Both 3 Section Offense Description Punishment/Compensation b. Imprisonment for life or Fine: 3 crore or Both (repeated) 22 Digital or Electronic Forgery Committing forgery using digital or electronic medium a. Imprisonment: Up to 5 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both (repeated) 23 Digital or Electronic Fraud Committing fraud using digital or electronic medium a. Imprisonment: Up to 5 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both (repeated) 24 Identity Fraud or Personation a) Holding or exhibiting another person's identity as own b) holding identity of another as own to cause benefit for own, acquire property or cause harm to others a. Imprisonment: Up to 5 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both (repeated) 25 Transmission, Publication of Offensive or threatening DataInformation Transmitting offensive or false data-information a. Imprisonment: Up to 3 years or Fine: Up to 3 lac or Both b. Imprisonment: Up to 5 years or Fine: Up to 10 lac or Both (repeated) 26 DSA Punishment for Unauthorized Unauthorized collection, sale, or a. Imprisonment: Up to 5 years or Fine: Up to 5 lac or 4 Section Offense Description Punishment/Compensation Collection, Use, etc. of identity information use of identity information without lawful authority Both b. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both (repeated) 27 Offense and Punishment for Committing Cyber Terrorism 1. intention to jeopardize the integrity, and security of the country/create panic 2. malware 3. illegal access to data that can be used against friendly country 4. creating adverse effect on critical infrastructure a. Imprisonment: Up to 14 years or Fine: Up to 1 crore or Both b. Imprisonment for life or Fine: Up to 5 crore or Both (repeated) 28 Publication, Broadcast of Information Hurting Religious Sentiment Publishing or broadcasting content hurting religious sentiment a. Imprisonment: Up to 5 years or Fine: Up to 10 lac or Both b. Imprisonment: Up to 10 years or Fine: Up to 20 lac or Both (repeated) 29 Publication, Transmission of Defamatory Information Publishing or transmitting defamatory information a. Imprisonment: Up to 3 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 5 years or Fine: Up to 10 lac or Both (repeated) DSA 5 Section Offense Description Punishment/Compensation 30 Offense and Punishment for ETransaction Without Legal Authority Illegal etransactions from financial institutions a. Imprisonment: Up to 5 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 7 years or Fine: Up to 10 lac or Both (repeated) 31 Offense and Punishment for Deteriorating Law and Order Publishing content causing unrest among society or deteriorating law and order issues a. Imprisonment: Up to 7 years or Fine: Up to 5 lac or Both b. Imprisonment: Up to 10 years or Fine: Up to 10 lac or Both (repeated) 32 Offense and Punishment for Breaching Secrecy of the Government Committing offenses under the Official Secrets Act, 1923 using digital means a. Imprisonment: Up to 14 years or Fine: Up to 25 lac or Both b. Imprisonment for life or Fine: Up to 1 crore or Both (repeated) 33 Punishment for Holding, Transferring DataInformation Illegally Addition, deletion, Holding, or transferring data information of any organization illegally a. Imprisonment: Up to 5 years or Fine: Up to 10 lac or Both b. Imprisonment: Up to 7 years or Fine: Up to 15 lac or Both (repeated) 34 Offense Related to Cause harm by Hacking gaining access. a. Imprisonment: Up to 14 years or Fine: Up to 1 crore or Both b. Imprisonment for life or Fine: Up to 5 crore or Both DSA 6 Section Offense Description Punishment/Compensation (repeated) Abetment of 35 Committing an Offense Offense 36 Committed by a Company Assisting in the commission of any offense under this Act Liability of company owners, executives, etc. for offenses Same as the punishment for the abetted offense a. Fine upon the company (individuals liable as per involvement) b. Accusation or conviction of individuals involved in the offense 37 Power to Issue Order for Compensation financial loss to any other person by means of section 22, 23, 24 Tribunal may order compensation equivalent to the loss caused No liability for the The Service 38 Provider Not to be Responsible service provider if an offense is committed without their N/A knowledge or exercising due diligence DSA 7