CY B E R L AW I N CR I M INAL AND C IVIL C ONT E X TS It is currently unclear how Rohingya individuals will be able to access SIM cards and mobile phones, as since April 2016 a mandatory biometric registration scheme requires that customers provide a national ID or passport in order to purchase a SIM card from mobile phone service providers. Adherence to this registration scheme is imposed on the mobile phone operator,51 rather than the individual subscriber/purchaser, by virtue of the Cellular Mobile Phone Operator Regulatory and Licensing Guidelines, 2011 and appears to remain in force. By virtue of the powers granted to the BTRC in Section 31 of the Telecommunication Regulation Act, the BTRC can enforce adherence to the stipulations in these guidelines by mobile phone operators via orders, administrative fines, and license suspension or revocation. Article 38.2 of the Guidelines states that “[t] he Licensee shall be responsible if it fails to adopt appropriate measures for mandatory SIM/RUIM/Service Connection registration as directed by the commission from time to time.” The strict ID requirements of the mandatory SIM registration scheme violate the obligation of telecommunications network operators not to act in a discriminatory manner towards any groups in providing telecommunications services (as per Section 37.3(g)). It also runs counter to the BTRC’s own stated duty of “protect[ing] the social and economic interests of the consumers, to respond[ing] to their needs, and to control and abolish the existing and probable oppressive or discriminatory conduct or activities of the telecommunication service providers” (Article 30.1(d)). The Cellular Mobile Phone Operator Regulatory and Licensing Guidelines should be amended to specify alternative SIM registration methods for Rohingya refugees. The Information and Communication Technology Act, 2006 (as amended up to 2013); and National ICT Policy, 2018 S UMMARY Provides for regulation of the use of information and communication technologies, and defines a number of offences and the procedures for investigation, arrest, prosecution, and punishment. AP PL ICAB IL IT Y TO RO H I NGYA This Act applies to the whole of Bangladesh without reference to citizenship. Therefore, Rohingya charged with the following offences in Bangladesh are covered by this Act: • unauthorized access to protected systems; • damaging a computer or computer system; • tampering with computer source code when the computer source code is required to be kept or maintained by law; • hacking a computer system; • using a computer to commit an offence. P ROTECTIO N N OT ES In accordance with Section 68, the Government has the authority to establish a Cyber Tribunal to dispose of offences defined under this Act. The Cyber Tribunal has the same powers as Sessions Courts. The Cyber Tribunal may grant bail where the State has been given an opportunity to hear the accused’s application for release and the Tribunal does not believe that the trial will result in a conviction and where the Tribunal is satisfied that, even if convicted, the punishment for the offence would be relatively light (Section 71). The Cyber Tribunal is to dispose of cases within six months of charges being framed, with the possibility for a three-month extension with written reasons and additional time necessary upon submission of a report to the High Court Division and the Controller (Section 73). 59 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH