8.8 Concept of Cyber Law in Nepal

This law is commonly known as the law of the internet. It governs the legal issues of computers, Internet, data, software, computer networks and so on. These terms of legal issues are collectively known as cyberspace. In other words, it is a type of law which rules on the Internet to prevent Internet related crime. 

Cyber law is a new and quickly developing area of the law that pertains to persons and companies participating in e-commerce development, online business formation, electronic copyright, web image trademarks, software and data licenses, online financial transactions, interactive media, domain name disputes, computer software and hardware, web privacy, software development and cybercrime which includes, credit card fraud, hacking, software piracy, electronic stalking and other computer related offenses. 

Area of Cyber Law 

1.                  Electronic and Digital Signature: It is a type of security mechanism. To transfer critical data, we need to encrypt the data by private key (which is only known to encrypter) and decrypt the data by public key (which is known to both sender and receiver). This type of security is used to transfer secret emails, fund transferring web pages etc.

2.                  Computer crime: With the fast growing information technology and advancements on the business organizations, the internet is becoming the most targeted site of crime. Some commit crime for money while others sadistically disturb others. This law has emerged to prevent such types of crimes.

3.                  Intellectual Property: Intellectual property (IP) refers to the creations of the mind: inventions; literary and artistic works; designs; and symbols, names, and images, used in commerce. These properties should be protected by Copyright Law, Trademark Law, Patent Law etc.

4.                  Data Protection and Privacy: This law is built up for the security of data. One can manage his/her own database along with the privacy maintained. The government body is protecting the fundamental rights of privacy of individual. This law is vital to protecting abusing internet resources.

5.                  Telecommunication Law: Looking back to history, until a few years back, the internet was a part of telecommunication. Now-a-days, interestingly, telecommunication has been the part of cyberspace (computers, internet, data, software, computer networks, cables and so on) where communication is possible via internet. In order to manage communication law and for proper use of internet technology, this law has emerged. For example: VOIP became legal which provides cheap International calls. 

Cyber law in Nepal 

Cyber Law includes an ample variety of political and legal issues related to the Internet and other communications technology, including intellectual property, privacy, freedom of expression and jurisdiction. Proper cyber law must govern all the cyber activities. Nepal cannot be isolated from emerging technology and the problems raised by the technology. 

The Electronic Transaction Act, 2063 is Nepal's first cyber law. It was created in response to the growing usage of the internet in Nepal. It makes provision for the commercial use of computers and networks; authorized e-transactions and communication in public and private sectors; criminalizes different computer related unwanted activities. The bill deals with issues related to digital signature, intellectual property, cybercrime, etc. The Act is divided into 12 sections and 80 clauses. This law keeps an eyeball on issues which are related to computer networks and cybercrime. It brings cyber criminals for hearing in the court and penalizes them just like other criminals. 

The main provisions included in the law are: 

·                     The law covers most of the issues related with cyber activities and is supposed to forecast to be landmark legislation for development of IT industry in Nepal. 

·                     Conducts such as hacking, deleting data, stealing e-document, software piracy and posting offensive information are capable of criminal and civil sanctioning under the new Cyber law. 

·                     The government can punish cyber offenders with up to 5 years of imprisonment or a fine of up to Rs. 2,00,000 or both. However, much depends on the harshness of the crime and repetition of crime will cause more punishment.

·                     The law has tightened the security for banking transactions through electronic means,  which should boost the economic activities across the Internet via Nepal. 

·                     It gives legal status to the information posted on the websites of the government offices, the government run corporations and local bodies. 

·                     It has also granted legal status to the digital signatures sent through the electronic media like e-banking, e-commerce etc. 

·                     It paves the way to provide legal status to online news portals in the country. 

·                     The law has also made a new judicial body to listen to complaints, cases and matters concerning cyber crime. 

Assignment 8

1.                  Define the term Cyber Law. List out the areas of Cyber Law. 

List out any five legal provisions included in the cyber law of Nepal.