What is cyber crime? - Mero Kuraa - Nepal's English News Portal

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24 February 2016

What is cyber crime?

What is cybercrime? An information

As a result of the rapid development of information and communication technology, the world today has become a small village. An important achievement in information communication technology is access to the Internet in different parts of the world. Due to the development of the Internet, information about any place in the world can be obtained through your computer or any other medium, no matter how far away the geographical distance is. Proper use of information technology contributes a lot to the development of education, health, communication, administrative, economic, and other sectors of the country and if it is misused, it will cause great loss, damage, and accidents.
 Cybercrime is the act of using a computer as a medium or targeting another person's computer. In the current context of the expansion of the Internet, the "Electronic Transactions Act 2063" has been enacted in Nepal due to the increasing crime. The first case of cybercrime was registered in 1820. Joseph Marie Jacquard, the owner of a textile factory in France, built an automated computerized machine for weaving, destroying the structure of the industry for fear that workers would lose their jobs because of computers. The incident was registered as the first case of cybercrime.
    Some cybercrimes using computers as tools
  • Financial Crime: Fraud, credit card fraud, illegal currency transactions, etc.
  • Cyber Pornography: Broadcasting, publishing, distributing pornographic and sexually explicit material on the Internet through a computer or any other medium
  • Sale of Illegal Article: Procurement or sale of prohibited drugs, weapons and protected wildlife parts, skins, and other materials through the Internet.
  • Intellectual Property Crimes: Unauthorized copying of software, plagiarism, etc.
  • Cyber Stalking: Monitoring another person's activity on the Internet and sending threatening information or harassing another person's chat room in an unauthorized manner. 
  • Cyber  Defamation: Propaganda through websites, social networks and emails with the intention of killing another person's character.
    Some cybercrimes targeting Others computer
  • Email Bombing:   Disrupting the victim's email account or mail server by sending a large number of emails to other people's email addresses.
  • Salami Attacks:   Such an offense is an act of unauthorized access to the main computer (server) of a bank with all the information of a bank through a computer network and depositing a small amount of money from the bank accounts into one's own account.
  • Virus/Worm Attacks: Sending a virus via email to another person's computer, motivated by greed.
  • Internet Time Theft: Activities such as unauthorized use of Others Internet Username and Password.
Offenses under Nepal's Electronic Commerce Act
Electronic Transaction Act of 2008
Paragraph-9 has made the following provisions regarding computer related offenses and penalties.
  • Article 44: Stealing, destroying or altering computer resource signals: Imprisonment for up to 3 years or fine up to Rs. 200,000 / - or both.
  • Article 45: Unauthorized access to computer materials: fine up to Rs. 200,000 / - or imprisonment for 3 years or both.
  • Article 46: Damage to a computer information system: fine up to Rs. 200,000 / - or imprisonment for up to 3 years or both. 
  • Article 47: Publishing illegal information in electronic form: (1) Penalty up to Rs. 1,00,000 / - or imprisonment for 5 years or both. (2) If the offense under subsection (1) is committed repeatedly, one and a half punishment of the previous punishment.
  • Article 48: Violation of Confidentiality: Penalty up to Rs. 1,00,000 / - or imprisonment for up to 2 years or both.
  • Article 49: Reporting False Behavior: Penalty up to Rs. 1,00,000 / - or imprisonment for up to 2 years or both.
  • Article 50: Submission or showing of false license or certificate: (1) Penalty up to Rs. 1,00,000 / - or imprisonment for up to 2 years or both. (2) In case of non-compliance with subsection (1), fine up to Rs. 1,00,000 / -. (3) A fine of up to Rs. 1,00,000 / - or imprisonment for up to 2 years or both for intentional acts.
  • Article 51: Failure to file specified details or documents: fine up to Rs. 50,000 / -.
  • Article 52: Computer forgery: Penalty up to Rs. 1,00,000 / - or imprisonment for up to 2 years or both.
  • Article 53: Discouragement for computer-related offenses: Penalty up to Rs. 50,000 / - or imprisonment for up to 6 months or both.
  • Article 54: Matiar sentenced to half the punishment of the main culprit.
  • Article 55: Punishment for offenses committed outside the Kingdom of Nepal.
  • Article 56: Seizure: Used computer, computer system, floppy, compact disk, or other accessories.
  • Article 57: Offense committed by an organized organization: (1) The responsible person shall be deemed to have committed the offense. (2) Notwithstanding anything contained in Sub-section (1), if it is proved to be due to information or negligence with the consent of the operator, management, secretary or another responsible person, it shall be deemed to have been done by the organization and the operator, manager, secretary or another responsible person.
  • Article 58: Other Punishment: Penalty up to Rs. 50,000 / - or imprisonment for up to 6 months or both.
  • Article 59: No Obstacle to Punishment in accordance with the prevailing law: No further impediment to conviction under this Act: If the offense is found to be under this Act, it shall not be considered as an impediment to prosecuting such offense separately.
    The nature of cybercrime seen so far in Nepal
  • Publication of materials not to be published by "Electronic Business Act 2063".
  • Threatening and demanding cash via email.
  • Using another person's name and picture on social media, opening a profile page to insult and hurt.
  • Putting a person's face in various nude pictures on the internet.
  • Sending threatening SMS through mobile and conducting gambling and lottery through SMS.
  • Hacking the websites of government and other organizations.
Source: Crime Investigation Bureau (CIB), Nepal