Digital Rights Weekly/Year 2/Issue 03

Jan 20, 2023

Court Ordering Phone Interception and its Legality!!

Cricketer Sandeep Lamichhane, who was arrested on charges of rape, was released on bail with a set of conditions including that the police monitor his phone until the final verdict of the case. However, legal professionals have argued that this decision is in violation of the right to privacy as stated in Article 28 of the Constitution of Nepal.

There are no laws in Nepal related to lawful interception and it is not clear if the court’s decision includes phone tapping. The Nepal Telecom Authority also does not have any regulations related to lawful or unlawful interception. Digital rights advocates have argued that the High Court cannot order an interception without specifying the legal grounds and such an order can violate many other rights of the accused including consultation with lawyers. The use of phone tapping in this case would violate the principle of privacy and such a blanket order is extrajudicial.

Digital Rights Nepal views the court’s order for interception without specifying legal grounds as a violation of personal privacy. The period of interception is not definite, and the order does not mention any limitations. The privacy of the accused cannot be violated except in cases prescribed by law. The Constitution of Nepal guarantees the basic right to privacy to every individual and this issue should be viewed in terms of how state and state agencies are treating individual rights and laws. State bodies must abide by the fundamental rights guaranteed by the Constitution and the prevailing at all times. In such context, the issue is to be considered as a matter of public importance.

NTA Planning to Regulate Viber, WhatsApp, Messenger

Due to a decrease in revenue from calls and SMS caused by the popularity of messaging apps, the Nepal Telecommunication Authority (NTA) intends to regulate messaging apps such as viber, WhatsApp, and messenger. The NTA has formed a task force to conduct OTT regulatory studies and submit a report within 30 days. Santosh Poudel, an NTA spokesperson, stated that OTT apps are being regulated because it is difficult to investigate criminal activity using them. The NTA aims to protect the interests of telecom companies investing in network expansion while also addressing changes in the telecommunications industry.

Digital Rights Nepal request authorities to consider international practices and not restrict the freedom of choice of people in digital space in the name of regulating these platforms.

UN Treaty on Cybercrime Enroute

This week, the United Nations is holding its first ever global cybercrime treaty. The 4th round of the hearing, which runs from January 9th to 20th, will focus on “state response to cybercrime” and coordinated intelligence sharing. The treaty aims to classify and categorize various cybercrimes and establishes a unified international response to the increasing number of cybercrimes taking place worldwide. An internationally regulated legal response is urgently needed to address the growing problem of cybercrime.

Number of Fiber Internet Users crosses 2.3 Millions in Nepal

The number of Nepalese using fiber internet has exceeded 2.3 million, according to the latest data from the Nepal Telecommunications Authority (NTA). The data shows that the broadband penetration rate in Nepal is 24.77%. The growth in fixed-line connectivity is attributed to the expansion of fiber internet services and affordable packages.

$1.5 Million Stolen through Data available on Dark Web

Hackers stole $1.5 million (approx. Rs 20 crore) through credit card data obtained from the dark web. They accessed bank accounts by misusing personal information, including credit card login details, found on the dark web. One hacker, named ‘Trevor Osazi’, was arrested and a lawsuit was filed against him for allegedly stealing more than $1.5 million from credit cards between 2015 and 2018.

Interaction with Civil Society for the Promotion of Digital rights

As part of the ongoing stakeholder consultation, Digital Rights Nepal (DRN) interacted with civil society leaders to discuss digital rights policy priorities on 20 January. The event focused on the role of civil society and civic leaders to promote digital rights policy processes. Participants in the event stressed the need to engage with the members of parliament, parliamentary committees; prioritize and push various bills and policies such as the Information Technology Bill, National Cyber Security Policy, Cyber Crime bills etc.

Consultation on Digital Agendas and Priorities

On 17 January 2023, Digital Rights Nepal (DRN) held a provincial stakeholder consultation in Dhangadhi on the topic of Digital Rights Agenda and Priorities. Participants, including representatives from the media, civil society, activists, and lawyers, discussed about local issues, challenges and potential solutions related to digital rights. The stakeholders highlighted the importance of engaging with the provincial and municipal government to prioritize digital literacy and security.

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Digital Rights Weekly is a week-based update on Digital Rights and ICT issues, that happened throughout the week, complied 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 law/policies, and cyber securities in Nepal.