Cyber Law

SHUSHIL SHAHI
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The rapid growth in Internet traffic has led to a higher proportion of legal issues related to computer and information system worldwide. Information Technology (IT) is changing almost all aspects of human activity like communication, trade, culture, education, entertainment, and knowledge. The term cyber or cyberspace has today come to indicate everything related to computers; the Internet, websites, data, emails, networks, software, data storage devices (such as hard disks, USB disks etc.) and even electronic devices such as cell phones, ATM machines etc. Cyber law is the progressing area of civil and criminal law that is applicable to the use of computers and activities performed and transaction conducted over the networks and Internet. The cyber law encompasses a wide variety of legal issues, which includes intellectual property, privacy, freedom of expression, and jurisdiction etc. So, cyber law is the part of legal system that deals with the Internet, cyberspace, and their relevant legal issues.

Cyber law covers broad area, which includes several subtopics such as freedom of expression, access to and usage of the Internet, and online privacy. Broadly, cyber law has been referred to as the Law of the Internet. Cyber law encompasses the area, which deals with the Internet's association with technological and electronic elements that includes computer (software & hardware) and various information systems. Likewise, the law deals with the exchange of communications and information, including related issues concerning such communications and information as the protection of intellectual property rights, freedom of speech, and public access to information.

Cyber law consists of a collection of legal policies that typically lead the Internet world as well as set of laws that target it directly. It is the act, which fills the vacuum in the cyber domain. It has provisions for penalties and negotiation for various offences that happens in the cyber space. As per the provisions of law, the government is fully authorized to punish cyber criminals - an individual as well as institution. The law also has the provisions foroffice of the controllers and regulation of certifying authorities, which issue license of certification to the IT industries. Likewise, the law also provides the legal infrastructure for Electronic commerce & Electronic Governance and provides the legal framework so that legal sanctity is permitted to all electronic records and other activities carried out by electronic means; people can perform purchase transactions over the Internet through credit cards without fear of misuse as well as the law empowers government departments to accept filing, creating and retention of official documents in the digital format. It also allows the government offices to use electronic medium for activities such as tender notice, vacancy announcement etc. The law also addresses the important issues of security, which are so critical to the success of electronic transactions. It facilitates business process to makes the transactions simpler, easier, swift and cost effective. Similarly the provision of digital signature is also the part of cyber law that is used to authenticate electronic records. Cyber laws vary by jurisdiction and country and punishment ranges from fines to imprisonment.

Cyber Law and Nepal

With the rapid growth of Information and Communication Technology the world is converting to a small community. In that rapid growth, even Nepal one of the world's least developed countries is performing very well. Nepal has implemented the ICT in various sectors such as government, education, health, agriculture, tourism, trade and various other sectors. With the ICT implementation, the criminal activities are also being increased in the cyber space. The government of Nepal has crafted the Electronic Transaction Act in 2004, which is popularly known as "Cyber Law." It was said to be landmark legislation for the development of IT industry in Nepal. The act is amended in 2008 and published as Electronic Transaction Act in 2008. Before the formulation of Electronic Transaction Act in 2004, the government of Nepal dealt with cyber crimes under the Public Offence Act. Nepal Police dealt with cyber crimes but they were unaware about of the technical aspects of these crimes. So that legal sentences were not effective.

In Nepal, cyber crimes like email and social media threat, hate speech in blogs and social media, illegal data access, obscene websites, website dispute, web SMS threat, phishing, software piracy, hacking etc. are increasing swiftly. Government as well as private organization is using pirated CDs. Software, Music and Movie CDs can be seen in the footpaths of Kathmandu in extremely low cost and most of people buy those even though it has very low quality content. Whenever anyone buys a new CD, it is shared with all his friends and relatives. In cybercafés, adults as well as children can be seen accessing adult sites (the government has banned some of the sites), the proprietors of the cyber café do not care about legal or illegal things; even the parents don't pay attention on what their child are behaving in the virtual world.

Nepal Police have listed following crimes as the most happening crimes of Nepal's 

Publishing the content that are not permitted by Electronic Transaction Act 2004

ü  Software piracy and Intellectual Property Crimes

ü  Threatening people through email & SMS and asking for money

ü  Online bullying, harassment and cyber-stalking

ü  Creating fake profiles in social media and troubling the public as well as the genuine person with fake updates.

ü  Attaching the face of different peoples in nude photos and posting it in blogs or social

ü  media.

ü  Hacking the websites or government as well as private corporations.

ü  ATM fraud with fake debit/credit cards.

ü  Spamming, phishing and cyber stalking & defamation.

ü  Internet Time Theft and WiFi Haing.


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