Digital Rights Weekly/Year 1/Issue 16

Sep 16, 2022

Government passed Electronic Governance Commission (Formation and Operation) Order without a Parent Act
The Electronic Governance Commission (Formation and Operation) Order was authorized and published on the Nepal Gazette on September 1, 2022, while the draft bill of an umbrella law related to information technology is still being discussed in the Development and Technology Committee of the parliament. The order does not mention any parent act under which it was issued, raising question on the legitimacy of this order.
The formation of such a high body ordered in an opaque manner, raises concerns that the government was trying to impose its will on the information technology industry at a time, when a bill related to information technology that is thought to be crucial for the regulation and growth of the sector has been stuck in a parliamentary committee for four years.
The main IT industry regulators at the moment are the Department of Information Technology and Nepal Telecommunication Authority. Similarly, the IT bill, which is still being discussed in parliament, proposes five additional authorities: the Information Technology Center, the Information Technology Court, the Controller’s Office of Information Technology, the Information Technology Emergency Support Group, and the Digital Forensic Science Laboratory. There is the risk of hampering the free and natural growth of IT sector by the presence of too many regulatory agencies.
The sudden issuance of the order bypassing parent laws and the due process by the government shows that the administration wishes to have stringent control over the IT industry with this new commission.
For more: INS News

DIGITAL RIGHTS ISSUES OF THE WEEK

MDMS Launched
Nepal Telecom Authority (NTA) has officially launched the Mobile Device Management System (MDMS) on September 15. MDMS is a higher-level security system that is implemented for the management and operation of devices such as cell phones, tablets, POS systems, etc. the authority said the system has been implemented to control the unauthorized import of mobile phones entering Nepal illegally. After the system, all imported phones after September 16 need to be registered in MDMS to operate, if it is not registered it won’t operate in Nepal. Among its many functions, the security software assists in reducing the number of grey phones in the Nepali market.
For more: NTA

NT to Roll out e-SIM
Nepal Telecom is distributing the most anticipated e-SIM to its customers from 16 September 2022. The state-owned Telecom Company is going to distribute free e-SIM from its counter in Sundhara, Kathmandu. Postpaid and prepaid customers of the company who are currently using ‘physical’ SIMs can be changed to e-SIMs for free, said NT spokesperson Shovan Adhikari.
Nepal Telecom has signed an agreement with a UK-based company to provide e-SIM services to its customers.
For more: Techpana

NTA Regulating Call Centers
The Nepal Telecom Authority (NTA) intends to oversee and control call center operations. The regulator has started the process of drafting new rules to control and govern call centers. Plans to enact legislation to oversee and regulate call center services were included in the budget for FY 2079–80.
For more: Technology khabar

One Booked for Destroying Data
Prasanna Pokharel, CEO, Janus Solutions, was detained by the Cyber Bureau Nepal Police for allegedly erasing and corrupting hosted data by the company. The company, providing web hosting and web portal services for its clients, has been charged with breaking into the hosting account without permission and wiping out customer data without authorization.
For more: Himal Samachar

NTA Warns Service Provider Against Auto-Renewal of VAS
Telecom regulator NTA has warned service providers against the auto renewal of VAS (Value Added Services). Releasing a notice, the authority asked telecom companies to arrange for a condition where VAS won’t be renewed automatically. Notice said that telecom companies must alert subscribers of VAS/services when their expiration date nears and that the service providers must bear the expenses for such notifying services.
For more: Nepalitelecom

Opportunities

DiploFoundation has announced a call for Digital Watch Knowledge Fellows. If you are keen on digital topics because of a personal interest, academic studies or policy research, join a vibrant international team of knowledge fellows. Follow an issue of your interest (e-waste, blockchain, online education, cybersecurity and health, and many others) within the digital policy and Internet governance framework.
To apply : DiploFoundation

DRN at Asia Pacific Regional Internet Governance Forum (APrIGF)

DRN participated in the Asian Pacific Regional Internet Governance Forum (APrIGF) 2022 in Singapore from 8 to 15 September 2022, where it hosted two sessions on Digital Resiliency of CSOs and Regulation of Social Media during elections.

Digital Resiliency of Civil Society in the Context of Shrinking Civic Space
Recent trends around the globe show that the apps and services that make up the digital space are now being weaponized by governments and big tech to monitor and disrupt civil society activities, silence journalists and whistleblowers, manipulate public opinion, and oppress citizens ultimately shrinking the role and influence of civil society. In this context, DRN hosted the panel session on Digital Resiliency of civil society in the context of shrinking civic space. The session was moderated by Santosh Sigdel, Founding Chair, DRN, where Arjun Adrian Dsouza, Sarai Faleupolu Tevita, Marius Dragomir and Achaia Nila were the Panelist. The session mainly covered the Common operational challenges including trends and sources of threat that CSOs face from censorship to surveillance in an already shrinking civic space, Technical support CSOs have been getting from government and international organizations, local networking among CSOs on navigating digital risk management and data security.

Social Media Regulations during Elections: Expanding or Limiting Digital Democracy?
In the recent years, there have been increased calls for the social media and online content to be regulated, particularly during elections. From a human rights perspective, seeking to regulate the content found on online platforms carries serious human rights risks. The risk would be to create a censorship model that would limit freedom of expression and citizen’s right to make informed choices during elections. In the context, DRN hosted a panel sessions ‘Social Media Regulations During Elections: Expanding or Limiting Digital Democracy?’ the session was hosted by Tanka Aryal, General Secretary, DRN, where Dr. Syed Kazi, Vino Lucero, Micheal Caster, Sadaf Khan were the speakers. The session mainly discussed about the impact of mis/disinformation in an unregulated social media platform in influencing election outcomes, Whether additional regulation of social media is required during elections, the impact regulated social media can have on free speech, and the Regulation of automated accounts used for intimidation or propaganda during elections, Social media regulation impacting the voter right of making an informed choice, impact of mis/disinformation on voters, etc.

Digital Rights Weekly is a week-based update on Digital Rights and ICT issues, that happened throughout the week, compiled and analyzed from the digital rights perspective by Digital Rights Nepal (DRN). DRN is a not-for-profit initiative dedicated to the protection and promotion of digital rights, including the right to online freedom of expression and association, online privacy, access to information, and related issues such as internet governance, cyber laws/policies, and cyber securities in Nepal.

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