Contents
Cyber Law and Computer Ethics
Introduction to Cyber Law
A computer is an electronic device that is used in every sphere of life. People use computers for solving their problems. Internet is a huge resource of information. This is an Information and technology (IT) age. Due to the development of Information Technology, the whole world has turned into a global village. People have become more and more dependent on computers for their daily works. As the dependency on computers increases, people start committing crimes through computers. Illegal or unlawful activity is called a crime. And the illegal or unlawful activities associated with computers or the internet are called cybercrime. The activities like copying and distributing software illegally, using others’ data and information illegally, stealing important data and information, and so on are criminal activities associated with the computer.
Cyberlaw refers to any law relating to protecting the Internet and other online communication technologies. IT is developed in order to legalize the transactions which are done through electronic means, control cyber crimes and punish cybercriminals. It includes a variety of legal issues related to the use of computers and other communication media such as the Internet or any other form of digital processing.
Cyberlaw is defined as “The law which governs the legal issues in cyberspace regarding the Internet or WWW (World Wide Web) for digital data processing and transaction”.
Laws related to Cyber Law
Electronic and Digital Signature Law
A digital signature is not a handwritten signature. They are the digital identity of a person for safe and secure transactions. This law encourages the public to conduct secure electronic transactions both locally and internationally. It was formulated in 1997 AD and relies on two keys Public and Private Key.
Copyright Law
Copyright law prevents the unauthorized copying of work done by any user. We cannot copy the exact work, but can copy the ideas contained within the work and can use it to create a new one.
Intellectual Property Law
Intellectual property refers to the creation of the human mind such as musical, literary, photographic, and artistic works; discoveries and inventions; words and phrases; symbols and designs, etc. Intellectual property rights protect the interest of creators by giving them property rights over their creations. Common types of intellectual property rights law include copyrights, trademarks, patents, industrial design, etc.
Data Protection and Privacy Law
Ethical issues about the storage of personal information are now becoming an increasing problem. With more storage of personal data for social networking the problem of selling arises. This gives rise to different ethical situations regarding access, security, and the use of hacking in positive and negative situations. Thus, data protection and privacy law deal with these issues.
Telecommunication Law
Communication through telecommunication also uses the Internet. Cyberlaw also deals with the laws related to telecommunication.
Cybercrime/ Computer Crime
Cybercrime is a criminal activity done using computers and the Internet. This includes downloading illegal music files, stealing millions of dollars from online bank accounts, and others. Cybercrime also includes non-monetary offenses such as creating and distributing viruses on other computers, posting confidential business information on the Internet, and so on.
Perhaps the most prominent form of cybercrime is identity theft, in which criminals use the Internet to steal personal information from other users. They attract users to fake websites (that appear to be legitimate), where they are asked to enter personal information. this includes login information such as usernames and passwords, phone numbers, addresses, credit card numbers, bank account numbers, and other information. For this reason, it is smart to always check the URL or Web address of a site to make sure it is legitimate before entering your personal information. Therefore, it is better to protect ourselves by using antivirus and spyware blocking software and by being careful where we enter our personal information.
Some common cyber crimes
Software piracy
It is the illegal copying, distributing, or use of the software. Copying the software to manipulate computers or sharing it with your friend without multiple licenses is illegal and is considered piracy.
Hacking
Computer hacking is the practice of modifying computer hardware and software to accomplish a goal outside the creator’s original purpose. People who engage in computer hacking activities are often called hackers. A hacker is a person who uses a computer to gain unauthorized access.
Password Guessing
A secret word or phrase which saves the computer from unauthorized access is known as a password. Nobody is supposed to know or guess your password. If a hacker or attacker can find your password, they will obtain complete access to your computer. They actually take dictionary words and names and try to check whether it’s your password or not.
Data Diddling
Data diddling is the changing of data before or during the entry into the computer system. This is done during the data entry and exchanging valid disks or tapes with modified replacement.
Forgery
The crime of forgery generally refers to making a fake document, the modification of an existing document by using a computer or copy of an authorized signature.
Salami Saving
An attack on a computer network involves the intruder moving money from one bank to another bank account illegally.
Security Loophole detection program
It is a program that finds a small mistake or omission in a rule that is restricted. This program mainly searches for poorly protected or unprotected computer systems and notifies them when a target is found.
DOS Attack
A Denial of Service attack is an attack on the network that is designed to disable the network by flooding it with useless traffic. A DOS attack does not do any technical harm but can damage a business as every second in a business network is important.
Cyber Law of Nepal
In order to legalize the transactions which are done through electronic means, control cyber crimes and punish cybercriminals, Nepal Government had issues “The Electronic Transaction Act-Ordinance”. This is known as the Cyber Law of Nepal which was passed on 30th Bhadra, 2061 BS (15th Sept. 2004). After the implementation of this Ordinance, electronic transactions by electronic media got legal status and there is the provision of penalty for those who commit cybercrimes by any means.
Provisions of Cyber Law of Nepal
- Digital signatures, e-banking, e-commerce, e-shopping are given legal status.
- Provision of punishment to cybercriminals.
- Provision of formation of a judicial body to listen to computer-related crimes.
- Provision of providing licenses to IT customers.
- Provision of mentioning the type of punishment to the cybercriminals.
If you want to learn more about the IT Policy of Nepal then visit the link below:
Computer Ethics
A guideline is needed to stop the correct technology products from being exploited. For example: replicating original CDs and selling them as pirated software.
This unethical behavior can be controlled by the code of conduct. Computer ethics is a system of moral standards or values used as guidelines for computer users. In other words, Cyberethics is a code of behavior or moral principles for using the computer or Internet. For example, at an early age, children learn what it means to be honest and to respect the seniors, and love the juniors. On the Internet and computer, the same basic rules apply.
Until a set of laws is established for ethical computer use, personal ethics and common sense must guide us as we work and play with computers both online and offline. Computer ethics is a kind of international law that gives awareness to the computer user about immoral behavior and activities in the computing field. it is defined as “to follow the rules and regulations of computer technology and not to harm other computer users knowingly or unknowingly”.
Issues related to computer ethics
- Plagiarism
- Harassment
- Piracy and Privacy
- Internet Pornography
Commandments of computer ethics
- We should not use computers to harm other people.
- We should not interfere with other people’s computer work.
- We should not use a computer to steal.
- We should not use or copy proprietary software for which we have not paid.
- We should not use other people’s computer resources without authorization or proper compensation.
- We should not give anyone our personal information or password.
- We should not ask for other’s passwords.
- We should use the Internet to help us do our schoolwork.
- We should not copy information from the Internet and call it our own.
- We should use the Internet to learn about music, videos, and games.
- We should not use the Internet to download or share copyrighted material.
- We should use the Internet to communicate with friends and family.
- We should not use the Internet to communicate with strangers.
- We should not pretend to be someone else.
- We should not be rude or use bad language.
International Cyber Law
at the time of origin of Information Technology, there were no laws formulated internationally. Due course time, there were many obstacles faced by the software developers and users. To overcome these obstacles, the following laws were implemented.
Fair Credit Reporting Act (FCRA) in 1970 | Free access to personal credit report |
Freedom of Information Act (FOIA) in 1970 | Access to the information posted by the government |
Federal Piracy Act (FPA) in 1974 | Access right of government to see any record |
Video Piracy Protection Act (VPPA) in 1988 | Prohibition of personal record without judiciary order |
Computer Matching and Privacy Protection Act (CMPP) in 1988 | Right of government to keep the personal key record |
Copyright Act 1992 | Unauthorized copy of the software (5 years Jail or US$25000 or both) |