Ram Chandra Subedi

Cyber laws have become essential in view of the rapid developments in information technology.

Online communication has given rise to a new global commerce in ideas, information and services. Information Technology (IT) is changing almost all aspects of human activity like communication, trade, culture, education, entertainment, and knowledge. With the rapid advances in computer technology over the past few years, there has been increasing concern in many countries for the need to develop and modernise the law in order to take full advantage of technological improvements and at the same time to guarantee that states can respond to computer crime and related criminal law issues associated with these developments. There is no doubt that electronic commerce has revolutionised the way commercial transactions are conducted. It has also changed the way government business and the delivery of services are conducted. Due to the new communication system and digital technology, a revolution is occurring in the way people transact business.

Cyber law has become essential in light of the growth and advent of IT. The use of technology by individuals and organisations for communication and business has made it crucial for persons to understand the implications and legal mechanisms adopted. Some countries have enacted laws that specifically deal with computer crime and yet others have adapted their existing laws to make computer crime an offence under existing statutes. These laws fall under cyber law.

Jurisdiction is a difficult area for electronic transactions. It has often been observed that cyberspace recognises no boundaries; the issue for e-commerce is determining which country has jurisdiction over the transaction. E-commerce is used as a broad term to mean a number of technologies and software tools to help facilitate communication and trading by electronic means. Multiple parties are involved in e-commerce; each has separate a set of responsibilities. Millions of people throughout the world are plugging in to electronic network, which connects a person’s personal computer with any other in the world, and the number of Internet users has been multiplying day by day.

Many professions have established ethical rules and standards governing the conduct of their members. The advent of online technology has required those responsible for developing these rules to educate themselves about the new tools and media and to determine how they fit in to the existing scheme and whether some changes are necessary. Many people beginning to use electronic communications worry about the enforceability of agreements exclusively evidenced by electronic files. Security concerns combined with the lack of authoritative guidance courts over issues such as the enforceability of electronic signatures proved an obstacle to increased business use of electronic communication system.

Authentication and integrity are two problems associated with electronic communications. The first refers to assurance that a massage originated from the person who purportedly sent it. Integrity refers to assurance that a message has not been altered or otherwise da-maged during transformation. Encryption is a popular means of protecting communications transmitted through a hostile environment.

The term “cyber” has recently surfaced repeatedly in the popular culture. Magazine covers and books titles use “cyber” and related terms to describe the vast and growing network of computers, otherwise called the Internet, which exceed national boundaries. Cyber is a term whose actual referent is, however, quite vague. The popular culture, and unfortunately, even the few philosophical works pertaining to cyber, do not challenge the assumption that cyber is intangible, or that its objects are somehow special. In actuality, cyber is just another expressive medium. Cyber is a wide term that includes: computers, computer networks, and the Internet data software. Cyber law covers laws relating to electronic and digital signatures, computer crime, intellectual property rights (IPRs), data protection and privacy and telecommunications laws.

After many years’ efforts in Nepal, the government has crafted the Electronic Transaction and Digital Signature Act-Ordinance (ETDSA) 2061, the cyber law. So, the new act is seen as the primary and leading statute for the development of IT industry. No doubt, the cyber law has provided a new thrust to the IT sector. The law will help materialise the concept of e-Nepal. But much needs to be done if Nepal wants to compete in global IT market. Though the law has covered e-documentation, some Internet laws and policies covering the aspects of IPRs are still needed. It also has provisions for various computer crimes. However, it is quiet on electronic money transactions. It has also failed to include the online media. There is still the requirement for e-procurement laws.

While there is no single statute in Nepal covering all aspects of cyber law, ETDSA-2061 is already enacted. The technology of global online communication is developing so rapidly that it will be difficult to deal with potential issues by means of such written rules. IT demands speed. We are in an early stage of the legal development to tackle new IT crimes. The law should be properly implemented and awareness campaigns on advantages and disadvantages of the Internet should be launched. We should be optimistic for a better future of cyber law in Nepal.

Subedi is a Supreme Court advocate