Digital Rights Weekly/Year 2/Issue 31

Aug 04, 2023

Controversy Surrounding Nepal’s TERAMOCS Implementation
The implementation of the Telecom Traffic Monitoring and Fraud Control System (TERAMOCS) has become a contentious issue in Nepal, leading to disputes between the Nepal Telecommunication Authority (NTA) and telecom service providers. NTA has increased pressure on TELCOs to adopt TERAMOCS lately.
The issue resurfaced when the NTA issued warnings to Nepal Telecommunication Company Limited (NT) and Ncell Axiata, threatening to withhold cooperation if they fail to implement the technology by 3 August. While Ncell Axiata has agreed to share encrypted data, the government-backed NTC has not yet given its approval for participation, adding further complexity to the situation. The 7-day deadline to reach an agreement with NTA on TERAMOCS has passed, and as a result, NTC’s facilitation on foreign exchanges, telco equipment procurement, etc., has been halted. This development may have repercussions on service expansion and the import of technology and equipment.
The NTA maintains that TERAMOCS is vital for monitoring and combating criminal activities within the telecom sector. On the other hand, service providers, particularly Nepal Telecom (NT), highlights technical and legal constraints that hinder their ability to comply with the NTA’s request. The lack of a clear legal basis for TERAMOCS has ignited debates surrounding privacy and data protection.
Addressing the concerns surrounding TERAMOCS requires the establishment of a robust legal framework that strikes a balance between national interests and individual privacy rights. This would provide clarity and transparency while ensuring the credibility and legitimacy of the system.

NTA Seeks Stakeholder Input on Cyber Security By-laws Amendment
The Nepal Telecommunication Authority (NTA) is seeking input from stakeholders to amend the Cyber Security By-laws, 2077 BS. In a notice released on 2 August, the NTA has called for opinions, advice, and suggestions from the concerned parties regarding the proposed amendments to the by-laws. Stakeholder and specifically, telecom service providers, have been specifically asked to provide their feedback within 30 days from the date of publication of the notice, addressing any issues and matters that require amendment in the existing by-laws.

DRN Joins Women in Data Steering Committee
Digital Rights Nepal (DRN) has joined the Women in Data (WID) Steering Committee. The committee comprises dedicated organizations and individuals collaborating to recognize prevalent challenges faced by women in various domains of today’s society. Moreover, the committee serves as a platform to devise effective solutions for these issues.

Cyber Bureau received 5904 Complaints in FY 2079\80
According to the Nepal Police Cyber Bureau, it received approximately 6,000 complaints in Fiscal Year 2079/80. The bureau investigated and took actions on these complaints under the Electronic Transaction Act 2063. The actions primarily targeted individuals who were involved in publishing or displaying materials through electronic media, including computers and the Internet, that were prohibited by the prevailing laws. Such materials included content against public morality, decency, and those spreading hatred or malice towards others. Additionally, individuals engaging in publishing or displaying materials that disturbed the harmonious relations between different castes and sects or involved in teasing, harassing, insulting women, or promoting indecent acts faced prosecution as well.

NRB Sets Ambitious Target to Introduce Digital Currency by 2026
Governor Maha Prasad Adhikari of Nepal Rastra Bank (NRB) revealed plans to implement digital currency in Nepal by 2026. He made the announcement during a program in the capital on 31 July. As part of the fourth strategic plan, NRB is actively working on introducing digital currency in the near future. The goal is to replace the physical currency currently in circulation with a virtual counterpart, providing a modern and efficient financial system. The NRB aims to achieve this milestone by the year 2026.

MOICS seeking Suggestion on the Draft National Startup Policy
The Ministry of Industry, Commerce, and Supplies in Nepal is seeking input from stakeholders on the draft of the National Startup Enterprise Policy. In a notice issued on 30 July, the Industrial and Investment Promotion Division, under the ministry, has invited suggestions from concerned bodies. Feedbacks can be submitted via info@moics.gov.np within 15-days to the ministry.

Absence of Digital Health Guidelines Choked Digital Health Program
The budget earmarked for digital health has not been utilized consistently since last four years, leading to frequent freezes in funding. In 2076/77, Rs 4 million was earmarked, followed by Rs 4.1 million in 2077/78, Rs 3.5 million in 2078/79, and a more promising Rs 105 million in 2079/80. However, the allocation took a significant hit in 2080/81, with only Rs 10 million being designated. This budgetary freeze has been attributed to the absence of appropriate legislation.
Despite the initiation to formulate digital health guidelines in 2076, bureaucratic delays and lack of prioritization has hindered its adoption. Despite mentions of e-health in policy and program documents and adoption of health as priority area in the Digital Nepal Framework, the progress has been extremely slow and unsatisfactory.

SEBON to Establish Data Center for Enhanced Market Oversight in Nepal
The Securities Board of Nepal (SEBON) has announced its plan to set up its own data center to efficiently manage data and information related to the share and exchange markets. This initiative, part of the Fiscal Year FY 2080/81 programs and policies, will also strengthen the board’s current and future systems. The data center will enhance operational capabilities, especially concerning the Settlement Guarantee Fund, ensuring smoother secondary market transactions within the stock exchange.
SEBON aims to harmonize regulation and supervision with advanced information technology systems, exploring the possibility of employing an integrated real-time supervision system based on artificial intelligence (AI).

FCAN Formed Cyber Governance Committee: DRN ED Nominated as Member
Federation of Computer Association of Nepal has formed a Cyber Governance, Incident Response, and Forensics Committee, to deal with the issues of cyber governance, cyber security incident response and forensics. The committee led by CAN Executive Member Mr. Naresh Malla, has nominated Co-Founder and Executive Director of Digital Rights Mr. Santosh Sigdel as member, among others.

Opportunities

ASIA PACIFIC SCHOOL ON INTERNET GOVERNANCE 2023
The Asia-Pacific School on Internet Governance 2023 (APSIG 2023) will take place in Manila, Philippines, from November 26th to November 29th, 2023. This event marks the 2023 edition of the capacity-building initiative aimed at fostering internet governance expertise in the Asia-Pacific region. APSIG 2023 will offer a limited fellowship opportunity for candidates from any part of the Asia-Pacific region. One seat is specifically reserved for a person with disabilities, promoting inclusivity and diversity. Interested applicants are encouraged to apply before the deadline on August 10th, 2023.
To apply: APSIG 2023

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.