The Electronic Transaction Act, 2063 in Nepal - Tech Guy Nepal

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The Electronic Transaction Act, 2063 in Nepal

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Promulgated for Electronic Transaction on 22 Mangsir, 2063 (Act 27)


Summary:
§   IT Consumers, their certification, digital copyright, their legal status, control, authentication and permission are explained.
§   The network facilities provided by the computer vendors, their duties and responsibilities are clearly stated.
§   The law has also explained about the criminal activities such as forged documentation, leakage of privacy etc.
§   A person or vendor or supplier acting against law will be responsible for the consequences of the judiciary and he/she can be fined or jailed or both punishment can be bailed.
§   The law has also explained about:
®    Bilateral contracts, their certification, legal status, authentication, provision etc.
®    The computer users, rights of computer employees.
§   Also known as ETDSA
§   Electronic Transaction and Digital Signature Act was released on 2061, Amended 2063. (2061/05/30)
§   To Support law and to bring IT Policies HLCIT has been formed and is in action.
§   According to MOST, the law strongly defines the standard acts to the following.
§   All the transactions and signatures carried out via electronic means receive a legal recognitions, thus paving the way for the development of ICT in the country.
§   The act fills the emptiness in the Cyber Industry.
§   It would bring about changes in the market of software and hardware industries in Nepal.
§   It would be implemented in all government offices, its related organisations and local bodies.
§   It has strong provisions for punishment against cyber crimes. The cyber criminals can be fined upto NRS. 5,00,000.00 or liable to imprisonment of upto five years or both.
§   The act has provisions for office of the controllers that issue license of certificate to the IT industries.


Cyber law is necessary due to following reasons:
§   To take advantage of globalization due in context of IT development.
§   To reduce cyber crime.
§   To maintain a norm.
§   To solve the problems related to E-Business transactions.


Cyber Space:
§   The virtual environment created by the internet, computers, computer communication and network data of any organization.


Computer Security Risk
§   An event, action or situation that could lead to the loss or destruction of computers on the data they contain.


Computer/Cyber Crime & Criminals
§   Crime carried out by means of internet.
§   Illegal activities executed on the internet.


A.    Password Guessing
1.      Password Guessing
2.      Shoulder Surfing
3.      Packet Sniffers
4.      Dumpster Diving
5.      Social Engineering (Falls call for password)
6.      Super User Status


B.    Salami Saving & Data Diddling
§  Inside Job - Intruders


C.    Forgery
§   To make data appear to come from one place when it is really coming from another.
§   Panksters: can easily originate forged e-mail message.
§   Spammers: Marketers who send unsolicited e-mail.
®    To disguise the origin of their message.


D.    Security Loophole Detection Programs (SATAN, Intruders)


E.    Computer Viruses


F.    Hackers
§   Computer hobbyists who enjoy pushing computer to their limits.
§   They experiment with program to try to discover undocumented features, capabilities that are not mentioned in system's manuals.
§   Try to track down all the weakness and loopholes in system's security.
§   An outsider who has penetrated a computer system usually with no criminal record.


Hacking
§   Intentionally gaining unauthorized access to an information system.
§   Two types of hacking are:
®    White Hacking: Hackers motivate the information holders to further secure their data by pointing to their flaws without doing any kind of offensive destruction.
®     Black Hacking: Hackers break into other's information system to have an unauthorized access.
§   The terms grey hackers or brown hackers are often used to describe ones, who lie the borderline of above two.
§   Hacking frequently involves people acting in different states.
§   The obsessive use of computers or the unauthorized access and use of networked computer system.

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