Implication of International Law in Electronic Commerce and Cyber Crime: An Experience of Nepal

Abstract

Electronic commerce is one of the human innovations to serve the necessity of the people. It has not only nationalized the business but also universalized or transnationalized of the trading activities from one country to another country. Without application of any means and method of electronic commerce, no contemporary trade is possible. It is associated with business to business, business to consumer, consumer to business, and consumer to consumer relationship. Even government sectors are also one of the targets of these types of transactions in government procurement system. Affiliate marketing, integrated E-commerce, interface E-commerce, subscription, and vanity etc are used for the transaction purposes. There is equal chance to misuse these systems. No human life is possible in the absence of electronic transaction in contemporary time. However, this transaction system can be abused by the offender of this area. It is covered by the cyber crime which can be computer related, perpetrator based, victims based and contents based cyber crimes. In contemporary time, the payment system and payment service providers are the target of the people occurred frequently across the globe. Individual, society, organization, property are targeted by cyber criminal. Internet banking, mobile banking, debit card, credit cards, visa cards, Cash and Cheque Deposit Kiosks, ATM and Point of Sale are also the target of criminals. To make it secured, many stringent policies are recommended and applied. Yet, it is not a complete immune. So, user of these tools should be conscious. Beware buyer and beware seller both principles are applicable in electronic commerce. In intellectual arena, plagiarism from those instruments can also be the subject of cyber crime. Identity thefts, banking frauds, hacking, phishing, pirating, defamation, obscene publications are also the issues of offence under this regime. Nepal Police, Metropolitan Police Crime Division, investigates cyber crime in Nepal. The provisions of Company Act, 2006 (2063), Export-Import (Control) Act, 1957 (2013), Foreign Investment and Technology Transfer Act,1992 (2049), Patent, Design and Trademark Act, 1965 (2022), Copy Rights Act, 2002 (2059), Electronic Transaction Act, 2008 (2063), Telecommunication Act, 1997 (2053), Electronic Transaction Rules, 2007 (2064), Competition Promotion and Market Protection Act, 2007 (2063), Long Term Communication Policies, 2002, Information Technologies Policies, 2000 and Information Technology Tribunal (Procedures) Rules, 2007 (2064) are applicable in the offence of cyber crime in Nepal. Electronic Transaction Act and its Rules are specialized legislation of Nepal applicable on cyber crime. United Nations Convention on the Use of Electronic Communications in International Contracts, 2005, European Convention on Cyber Crime, 2001, World Intellectual Property Rights Organization Copyright Treaty, 1997, Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958, United Nations Convention on the Use of Electronic Communications in International Contracts, 1998 , United Nations Convention on Contracts for the International Sale of Goods, 1980, Recommendations to Governments and international organizations concerning the legal value of computer records , 1985 are some of the international instruments developed to check cyber crime in different territory of the globe. High Level Commission for Information Technology, Computer Association of Nepal, National Information Technology Center, Nepal Copyright Registrar Office, Office of the Controller of Certifying Authority, Ministry of Environment, Science and Technology, Nepal Police and Information Communication Technology Tribunal and its Appellate Tribunals are existed in Nepal. Electronic commerce is the business activity which grants accesses to the world community to business. It is not only the subject matter of technology but overall system of business through the use of technology. Despites its benefit, it is necessary to check the abuse of those instruments from criminals by applying stringent measures and international cooperation and coordination.