Advocating for Digital Rights and best practices in Nepal

Digital Rights Weekly/Year 3/ Issue 11

Mar 15, 2024
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MoCIT Published IT and Cyber Security Bill: DRN Requested More Time to Provide Input
The Ministry of Communication and Information Technology has drafted “The Information Technology and Cybersecurity Bill of 2080,” which was made available for public input on March 10, 2024. A 15-day window has been designated for the public to provide feedback and suggestions on the proposed bill.
However, Digital Rights Nepal (DRN) has requested an extension for the submission period to comment on the draft legislation concerning information technology and cybersecurity. In a letter addressed to the Ministry, DRN emphasized the necessity for a comprehensive examination and evaluation of the draft bill’s potential impact on various aspects of digital security, citizens’ fundamental rights, and the responsibilities of key stakeholders. Given the intricate nature and broad-ranging consequences of the draft bill, it is essential to allow ample time for all stakeholders, including experts and civil society organizations, to review its provisions and offer substantive feedback thoroughly.
Surge in Cybercrime Cases: A Six-Fold Increase Over Five Years
Over the past five years, cybercrime cases have experienced a staggering six-fold surge. According to data from the Nepal Police Headquarters Cyber Bureau, there has been a significant escalation in reported incidents. In the FY 2076/77 BS, the bureau received 2,301 applications, which sharply rose to 12,789 applications in the current FY 2080/81. According to the report, the bureau received 3,906 applications in FY 2077/78, followed by 4,686 in FY 2078/79, and a notable increase to 9,013 applications in FY 2079/80. The data reveals a concerning trend of escalating cyber-related offenses.
Superintendent of Police and spokesperson of the Cyber Bureau, Deepak Raj Awasthi, highlighted the predominant types of cybercrimes reported. These include cases of financial fraud, online fraud, dissemination of obscene materials on social media, impersonation, and website hacking. The increase in financial fraud cases particularly stands out as a concerning trend in recent times.

Special Court Plans Live Broadcast of Hearings
The Special Court, tasked with adjudicating cases of corruption, illegal wealth acquisition, and money laundering, is gearing up to broadcast its hearings live. Justice Tek Narayan Kunwar, Chairman of the Special Court, revealed that discussions are underway with the Supreme Court regarding the implementation of live broadcasting. Permission to broadcast certain cases of exceptional significance is expected to be granted soon. Furthermore, the Special Court aims to streamline procedures, eliminating the need for physical appearances at the court for witness testimonies and appearance  dates. Instead, arrangements are being made to facilitate online testimony from district courts and to conduct arguments virtually.

Nepal Implements National Identity Numbers at Birth Registration
The Nepali government has introduced a new legal requirement requiring the issuance of national identity numbers (NIN) alongside birth registration. This initiative, led by the National Identity Card and Registration Department, aims to simplify identity documentation and improve citizen identification procedures. According to the new directive, birth registration certificates will now include NINs for all Nepali citizens, including newborns, as per the National Identity Card and Registration Act, 2076. This provision mandates local registrars to provide identity numbers to parents registering the birth of their children. Effective 10 March 2024, children under 16 years old will receive birth certificates with NINs, facilitating easier access to essential services. Furthermore, steps will be taken to ensure that revised and copy certificates for children below 16 also incorporate the NIN, enhancing the efficiency and accuracy of identity verification processes.

Social Network Association Urges Halt to Social Media Registration in Nepal
The Asian Association of Social Networks has requested the Nepalese government to cease social media platform registration. The Asia Internet Alliance (AIC) has echoed this sentiment, urging the Minister of Communications to suspend registration until the finalization of the Social Media Bill, 2023. The AIC emphasized the need for constructive involvement in the legislative process to address significant challenges in the proposed legislation. They expressed concerns about provisions in current guidelines and stated that discussions with ministry officials have not adequately addressed their apprehensions.

US House Approves Bill: ByteDance to divest TikTok or Risk Ban
The U.S. House of Representatives has overwhelmingly approved a bill that requires ByteDance, the Chinese owner of TikTok, to divest its U.S. assets within six months or face a ban on the popular short-video app. The  Protecting Americans from Foreign Adversary Controlled Applications Act passed with an overwhelming bipartisan vote of 352-65 signals significant bipartisan support for the measure on 13 March 2024. However, its fate in the Senate remains uncertain, with some senators favoring alternative approaches to regulating foreign-owned apps with security concerns. Senate Majority Leader Chuck Schumer has indicated that the Senate will carefully review the legislation.

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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Digital Rights Nepal is a not-for-profit initiative dedicated to the protection and promotion of digital rights in Nepal.

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