Chapter - 6 ICT and Cyber Law

6.1 Social Impact of the ICT

This is the age of Information Communication Technology (ICT). Computers are the fundamental elements for the ICT. Today we are completely dependent on computers and ICT as if they are part of our life.

Our everyday activities are being more dependent on computers and ICT. For example, it is almost impossible to process the millions of checks of any branch of banks (ABBS) without the computers and the ICT technology.

The use of ATM machines has helped people to withdraw money. The Internet has tremendous effect in our society. It provides information of every aspect. Email technology is a boon for human life. Email technology is helping people to send message instantly. The mobile phone technology is also affecting our daily life. Apart from the good side of the ICT there are some dark sides as well.

6.2 Digital Divide

Digital divide is a term that refers to the gap between communities that have access to ICT and who do not.

The digital divide exists between those living in rural area and those living in urban areas, between the uneducated and educated people, between poor and rich and on a global scale between developing countries and developed countries. Because of digital divide, recent electronic technology such as e-commerce, e-business, e-learning, e-medicine etc are difficult to implement.

The need for technology for the development of a nation is very important. That’s why the digital divide should be bridged for the development.

6.3 Computer ethics

Computer ethics is a set of moral principles that regulate the use of computers. It guides the computer professionals in their conduct. It is related to intellectual property right, privacy concern, and how computers the society.

The computers Ethics Institute came up with Ten Commandments of Computer ethics in 1992. The purpose was to instruct people to use Computer ethically.

The Ten Commandments of computers Ethics are as follows:

1.            We should not use computers to harm other people.

2.            We should not interface with other people’s computer work.

3.            We should not spy around in other people’s files.

4.            We should not use a computer to steal.

5.            We should not use a computer to bear false witness.

6.            We should not use or copy commercial software for which you have not paid.

7.            We should not use other people’s computers without authorization.

8.            We should not take possession to other people’s intellectual output.

9.            We should think about the social consequences of the program we write.

10.        We should use a computer in ways that show consideration and respect.

6.4 Intellectual properties Right

            The term intellectual property refers to a number of different types of creation of mind such as inventions, literary and artistic works and symbols, names, and designs used in commerce. For example a story, a song, a painting, a design, an invention etc. for these creations of mind, the creators has the exclusive right for their creations.

The parts of the intellectual property that are related with cyber law are as follows:

Copyright law: - This part deals with the copyright issues related with computer software, computer source code, websites, cell phone content etc.

Trademark law: - This part deals with the domain names, Meta tags, mirroring, framing, linking etc.

Semiconductor law: - This part deals with the protection of the semiconductor integrated circuits’ designs and layouts.

Patent law: - This part deals with the patent to the computer hardware and software.

6.5 Privacy, Anonymity (Data protection and privacy)

For the protection of crucial data a law is required. This aims to achieve a fair balance between the privacy rights of the individual and the individual and the interests of data collectors. Such as banks, hospitals, email service providers etc. these laws seek to address the challenges to privacy caused by collecting, storing and transmitting data using new technologies such as internet.

6.6 Computer crime

The unlawful activities where computer is used either as a tool or a target or both are called Computer crime. The increase in use of the computer and the Internet technology, ICT has prepared a ground for the Computer crime. The increase in Computer crime could be mainly because of the e-commerce and online share trading where a large amount of money is involved.

Computer crime can take the form of:

·         The theft of money, for example, the transfer of payments to the wrong accounts.

·         The theft of computer time, for example, use of an employer’s computer resource for personal work.

·         The theft of information, for example, by tapping into data transmission lines or database at no cost.

Computer crime can also take the form of hacking, cracking, sabotage and blackmail.

6.7 Concept of cyber law:

With the excessive use of the Internet and the computers, there things are becoming a medium for different kinds of crime. Internet grew in a very rapid rate and in an unplanned and unregulated manner. So, with the increase in the use of internet a new kind of threat has emerged. Internet has become a platform for criminal activity to control these criminal activities and regulate the use of law computer a special law is required. This type of law is called cyber law. Cyber law was actually created to control the illegal activities, legalize and regulate the activities in the internet or cyberspace. Cyberspace actually refers to the medium of computer networks or the internet in which online communication takes place. So, the cyber law provides the legal aspects of all these areas. Some of the examples of the cyber crime are hacking, virus attacks, cyber terrorism, credit card frauds, email spoofing(a humorous copy of a film / movie), email spanning, forgery(the crime of copying money, documents, etc. in order to cheat people) etc.

6.8 Area of cyber law

The area of cyber law is as follow:

·         Electronic and digital signature

·         Cyber crime

·         Intellectual property Right

·         Data protection and privacy

6.9  IT Policy in Nepal

The use of information technology has gives an opportunity to rapidly develop various sectors such as education/health, agricultural for the developing countries like Nepal. The extensive use of this technology will develop democratic norms and values enhance public awareness, rise living standards. 

And ultimately alleviate property. Most significantly, the development of IT will reduce difficulties faced by people of remote area having poor economic status that consequently bridge the digital divide. The IT policy of Nepal was first announced in the year 2057 BS (2000AD). The new IT policy was implemented in the year 2067 BS. The major objectives of IT policy 2067 are listed as follows.

a)      To declare IT as a high priority sector of government and make it practical.

b)      To establish knowledge based industries to increase employment.

c)      To make public information and service delivery inclusive and effective through the philosophy of e-government.

d)     To increase the productive use of IT in social, economic and business organizations.

e)      To increase access to IT related international attempts and developments.

f)       To make government Integrated Data Center (GIDC) effective in order to develop as an infrastructure for IT development.

Homework Questions [Unit-6]

1.      Define computer crime and its various form.

2.       Write short notes on: Cyber Law , Social Impacts of ICT and digital divide