Cyber law is a term that deals with the Internet’s relationship to technological and electronic elements, including computers, software, hardware and information system. Simply, cyber law is the law which is used for stopping computer crime and abuse .
The First cyber crime
In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced a loom. The device allowed the repetition of series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard’s employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime!
Cyber law of Nepal was established on 30th Bhadra , 2061 B.S or 15th September, 2004 A.D
Importance of Cyber law
It is important because it helps to control crime related to internet.
Provision of cyber law of NEPAL
- It has strong provision for punishment against cyber crime.
- It provides legal status to digital signatures and electronic records which in turn are used in electronic banking, shopping and commerce.
- It provides laws for formation of internet and cyber space).
Areas of Cyber law
It is very common in computer society . The hacking of data is more profitable than robbing a bank . Some destructive brain design computer virus and link to internet for everyone’s access . These viruses damage the file system of computers . They also collect important information such as username and passwords and are delivered to the person who created the virus.
Hacking :Internationally gaining unauthorized access to an important system is known as hacking .
Cracker :A cracker is a computer user who attempts a break into copyright software or an information system .
It is the technology process that entails the emission , transmission and reception of signals , representing symbol , text , images etc. through wires, radio, electric media , optic cables or other electro-magnetic system .
A digital signature is the digital identity of the sender that uniquely identifies the particular sender electronically.
Its a branch of practical principal that deals with how the computer experts should make decision in regard to the social and professional behavior .
Major provision of Computer ethics
- You should not use computer to harm others .
- You should not use computer to steal others file .
- You should not use computer to search the file or record of other people .
- You should not destroy , steal and use the computer password of other people.
- You should not use computer to bear a false witness.
- You should always use a computer in ways that ensure consideration and respect for your fellow humans (Computer Ethics Institute, 1992).
Cyber ethics mainly deals with the following domains;
- Accessibility, Censorship and Filtering
Cyber law in Nepal
“The electronic transaction and digital signature Act. – ordinance ” is popularly known as cyber law of Nepal . The government of Nepal had passed this law on 30th Bhadra 2061 B.S. ( 15th September 2004 ).
Provision of this Act are
- Provision for license regarding the IT customer and their duties and responsibilities.
- Provides punishment to the hacker who damages programs or data residing in other computer on network or illegally copies them.
- Provision of bodies to create, control and verify the digital signature
- Provision of network services.
- Provision of the duty and responsibilities of the subscriber.
International cyber law
When the information technology started for the first time in world there was no law about it . But in course of time many problems and evils appeared . For the control of such evils and problems or to control the situation people realized the need of law according to time .
America started making the International cyber law as follows :
- Fair credit reporting Act in 1970 : This law has made provision of the rights to see own credit record without paying
- Freedom of Information Act in 1970 : This right is provided by the state to the public to see the information
- Copyright Act 1992 : This law was made to stop unauthorized copy . The penalty is 5 years in custody and a fine of US dollar 250000.
- Access Device Fraud: Fraud and related activity in connection with access devices.
- CAN-SPAM ACT: Controlling The Assault of Non-Solicited Pornography and Marketing Act of 2003.
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