ICT (Information and Communication Technology)
ICT (Information and Communication Technology) concerns with storage, retrieval, manipulation, transmission, or receipt of information electronically in a digital form. ICT tools like social networking sites, email, video conference, voice and video chat have become an integral part of everyday life for many people. With such a vast usage of ICT, it has also been a major problem for the misuse of the internet, ethical issues, protection of personal privacy and intellectual property, software licenses, and piracy.
Information Technology Policy
The era of huge technological development has changed the world as a global village. The extensive use of ICT has changed our way of using the internet in the past decades, for better or for worse. To keep up with the use and to create the boundary for the use of the internet, a policy was created that is applicable to all digital citizens.
Nepal adopted the IT Policy in 2057 BS and was amended twice in 2067 BS and 2072 BS. The IT Policy 2072 has defined legal, and institutional arrangements, strategic measures, policies, and guidelines for proper usage of technology in different sectors like education, health, agriculture, industry, and tourism.
Objectives of the IT Policy of Nepal:
- To make information technology affordable and accessible to all people.
- To develop and expand information and communication technology infrastructures.
- To promote good governance through the use of ICT.
- To develop human resources in the field of information and communication technologies.
- To encourage the exploration of the latest use of ICT for research and development to address social and technological challenges.
ETA (Electronic Transaction Act)
ETA (Electronic Transaction Act) or cyberlaw deals the legal issues related to the usage of computers and the Internet. ETA is formulated to legalize the transaction through electronic media, to control and stop various types of electronic frauds, to punish a person or institution that does cybercrime.
ETA - 2063
The House of Representatives issued the Electronic Transaction Act on Bhadra 24, 2063. Hence, ETA - 2063 is also the cyber law of Nepal. This act has 12 chapters and 80 sections.
According to that law, here are its provisions:
- Provision of legal acceptance on digital signatures, electronic recordings, electronic data processing, transferring, acceptance, and receiving documents.
- Provision of Network service.
- Provision of the bodies to create, control, and verify the digital signatures.
- Provision of the duty and responsibilities of the subscriber.
- Provision of punishment for cybercrime.
- Provision of formation of a judicial body.
Cyber Law
Cyber law describes the legal issues related to using of inter-networked information technology. Cyber law is a term that captures the legal issues related to the use of communicative, transactional, and distributive aspects of networked information devices and technologies. Cyber law is not one law but it is a set of different laws meant to control and regularize the activities taking place in cyberspace.
Common Cyber Law in practice:
Electronic and Digital Signature Law
The Electronic and Digital Signature Law deals with the legal issues of electronic transactions through electronic media. This law provides a legal framework for electronic data processing and transaction through electronic media. A Digital Signature is a mechanism used on the Internet for digital data processing and transactions. It works on two keys: The public key and the Private key.
Intellectual Property Law
The Intellectual Property Law deals with the creation of authors, artists, musicians, and inventors. The copyright and trademark issues are handled by this law.
Data Protection and Privacy Law
The Data Protection and Privacy Law deals with the protection of data or information of people. The data provided by a person to any organization must not be disclosed to other people.
Why is Cyber Law necessary in Nepal?
- To legalize the transaction to be carried out through electronic communications.
- To make the transactions reliable and secure.
- To control the acts of unauthorized use of electronic records.
- To punish a person or institution that does cybercrime according to the nature of the crime.
- To make legal provisions for authentication and regularization of the validity, integrity and reliability of storage, communication, and transmission system of electronic records.
Cyber Ethics
Cyber ethics refers to following the rules and regulations of computer technology and not harming other computer users knowingly or unknowingly. It is a code of behavior for using the Internet. Cyber ethics is different from Cyber law as Laws are formally written conduct that everyone has to follow or face the consequences whereas ethics are the moral and philosophical concept that looks for the good of everyone involved. The main objective of Cyber ethics is to establish a culture of proper use of the internet and computers.
Cyber Ethics mainly deals with:
- Privacy
- Property
- Security
- Accuracy
- Accessibility
- Censorship and Filtering
Few Commandments of Cyber Ethics:
- Not to use computers to harm other people.
- Not to search the files or records of other people.
- Not to destroy, steal and use others' computer passwords.
- Not to destroy, erase, or edit personal or group records.
- Not to use computers to steal.