Note on Computer in Society and Cyber Law

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Computer in Real World

The computer is used in almost every field in developed countries. Industrial advancement, agriculture, defense, education, commerce and business, medicine, tourism, banking, etc are the core areas where computer science is utilized. Today, a man can communicate from one part of the world to another part easily, which is an example of the advancement of computer science.

Within a minute, man can communicate through Telephone, Telex, Fax and TV from one part of the world to the other. The computer has helped in banking network also. Your deposited money in a bank of the foreign country can be withdrawn using ATM (Asynchronous Transfer Mode) card or Master Card from the other country and your handprints can be sent to any part of the world at great speed.

The computer has its application not only in manufacturing, medical research, education and defense, but it is also used in small business offices to handle day to day work easily and efficiently. Due to growing importance and numerous applications of computer, it is essential to provide Computer Education.

Computers are used as aids in the study of gravity, a flow of electric current, atomic structure, chemical reactions, blood circulation, etc., as the textual matter or graphical analysis. Computer assists the students in learning and understanding the subject matter easily.

The computer is used in developed countries in the study of history, mathematics, geography, etc. Similarly, mathematics, science and statistics are taught with the aid of computers. Distance learning like ‘Open University’ is another educational application in Europe and America.

Students can get university level education with the aid of computers through the ‘Open University’. In the 1960s, computers were basically applied in research and in 1970s, computers were used in industries for process control and quality control. In the 1980s, computers were extensively used in education and economic sector which is called ‘Information Technology (IT)’.

Information technology is recently developed technology which includes fast processing capabilities of information and transmitting them from one part of the world to the other. It has tremendously increased the capabilities in telecommunication, television, telefax, etc.

Staying at one corner of the world, one can receive information from any part of the world or he can transmit the information easily with the use of information technology devices.

Computers help in decision making. Sometimes, the situations are errorneous in the study of science and mathematics. Complicated mathematical problems and error free scientific processing can be done easily with the help of computers. It also helps in checking the students’ exam paper (objective types), database management, spreadsheet calculations, record keeping and numerous other activities.

Automated Production

Computer-Aided Software Engineering (CASE)
It can help automate the often tedious task of documenting entity relationships and data flows in a complex new system. Most CASE tools include project management, data dictionaries, documentations support and graphical output. Some of them even generate prototype code automatically. CASE software, however, is expensive, requires extensive training and is difficult to use.

Computer Aided Design (CAD)
It is one of the most popular software used by engineers for designing bridges, roads, building, etc. This software has become an essential tool for the modern engineering approach.

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Source:eprdv-engineering.com

Fig: CAD interface

Computer Aided Manufacturing (CAM)
It had been used in industries; there are places and situations where human beings personally cannot be present. In such places and situations, the computerized machines and robots help in solving the problem.

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Source:www.engineersgallery.com

Fig:Computer Aided Manufacturing (CAM)

The automatic robots and computerized control system helps in manufacturing some sensitive computer parts. Likewise, at a very high temperature and low temperature or place of risk, such machines are used to manufacture components of computer aeronautics, etc.

Computer Assisted Learning (CAL)
It is numerous packages developed to study different subjects. Students can learn different subjects, such as Mathematics, Chemistry, Astronomy, English Physics, etc. with the aid of computers. To study a single subject, a variety of software has been developed. Such packages are called CAL (Computer Assisted Learning).

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Source:www.apsbkp.com

Fig: Aided Learning

Computer Aided Instruction (CAI):
In the industries, while manufacturing and processing, computers are used. Such computers give instructions to the equipment. Such instruction in the laboratory processing or industrial manufacturing is called Computer Aided Instruction (CAI).

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Source:isrj.org

Fig: Computer Aided Instruction

Computer Aided Instructions enable us to use the equipment in the laboratory for scientific researchers. The instructions through the computer are understood by the equipment and give the information to the user. He/she read the information and asks questions to the students.

Student study the information or instruction presented, answer the questions and perhaps asks questions of his/her own. The computer then accepts, analyzes and provides immediate feedback to the students’ responses. It maintains records of the student’s performance for evolution.

Computer Aided Instructions and Computer Assisted Learning are very popular these days since one can sit at a place and control the equipment or learn with the help of a computer. Educational packages developed by different software developers are becoming popular these days.

The software can be run on the computer and the student may ask a question to the computer and find the answer. Thus, the students perform their work.

Advantages of CAI/CAL

The Advantages of CAI/CAL are:

  1. Individual assistance is available for each student.
  2. Only the correct answers are accepted by the computer and thus, there is no chance of wrong evaluation.
  3. It gives a constant feedback and thus, provides the learning environment.

Limitation of Manual Operation

Manual storage of data and information occupy more space and supply limited information. The computer based processing system occupy limited space and possibility contains huge data and information. The damage of files that contain data due to water, fire, etc. directly affects the organization.

The papers become old and they may be eaten by the termites in some cases. For safe use of data and information, we need to have computer-based data processing and information housing systems.

Computers and Privacy

Computers are electronic devices. They contain various kinds of data and information. The user should be aware of a type of data being accessed and the purpose for which it is accessed. The database management system, computer operating system and file systems should be protected from unauthorized access.

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Source:www.digitaltrends.com

Fig: Computer Privacy

This enables the maintenance of data, information and communication. There are intruders who try to pirate the data and information from the computer. It is safe to keep the information on a computer if the security is tight enough from accessing by unauthorized personnel.

Anonymity: The term anonymity refers to the ability to convey a message without disclosing one’s name or identity. A society in which anonymity is illegal would provide the perfect foundation for a totalitarian police state. Anonymity can be abused. Anonymity frees people from accountability and as a result, they may abuse the privilege of anonymous speech.

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Source:www.phxnews.com

They may engage in defamation, which means the act of injuring someone’s reputation by making false and malicious statements. Technology and computer with the Internet are eroding the privacy. One of the methods the internet makes it possible is with the help of cookies. Cookies are small files that are written to your computer’s disk by means of the Web sites you visit.

Cookies are used for legitimate purposes. Essentially, cookies provide Web sites with the way or recording information so that it is available for future browsing sessions at the same site.

CONCEPT OF CYBER LAW

Pavan Duggal, acknowledged as one of the top four Cyber Lawyers in the world, gave a definition of Cyber law in 1996, which is broadly accepted, as follows: –

Simply speaking, Cyber law is a generic term, which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyber law.

In other words, cyber law which is also known as intenet law, is the area of law that deals with the use of internet and computers and the exchange of communications and informations, which includes the issues concerning with the protection of intellectual property rights, freedom of speech and public access to information. In simple words, cyber law is the law that deals with the legal issues which is relate to the access,usage and the privacy of informations. Cyber law is made for controlling the crimes like theft of informations, fraud, frogery, etc. that happens due to the use of internet and computers.

The computer has revolutionized the public life in many ways. The students, teachers, lawyers, administrators, doctors, engineers and many others are using the computer in many ways. The computers are providing information through the Internet.

The internet has played a key role in bringing the world together and provides a lot of information. On the other hand, the hackers and virus invaders are trying to spoil the function of the computers.

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Source:www.idreamcareer.com

The computers are the risk. A computer security risk is defined as any event, action or situation that could lead to the loss or destruction of computers or the data they contain. So, cyber law is made for the protection of private informations like intellectual property rights, from the cyber criminals.

For example, many people fail to make backup copies of their data. A hard disk failure could lead to a devastating loss of data. But such risks should be distinguished from computer crimes, the action that violates state laws. The term cyber crime is often used to describe crimes carried out by means of the Internet and a new legal field called the cyber law, is developing in order to track developments in this and related areas.

Various obstacles were being faced due to the rigid cyber law and its implementation in Nepal before 2057. On the principle of this law, the government has decided to implement the law since 2061/5/30. Since then, Gadget and cyber laws are implemented.

International Cyber Law

At the time of origin of information technology, there were no laws formulated internationally. Due course time, there were many obstacles faced by the software developers and users at the same time. To overcome these obstacles, the following laws were implemented.

Fair Credit Reporting Act in 1970

Free access to Personal Credit Report

Freedom of Information Act in1970

Access of information posted by the government

Federal Privacy Act in 1988

Access right of a government to see any record.

Video Privacy Protection Act in 1988

Prohibition of personal record without judiciary order

Computer Matching and Privacy Protecting Act in 1988

Right of government to keep the personal key record

Copyright Act 1992

Unauthorized copy of software (5 years Jail or US$25000 both)

Some laws implemented by various countries are given below:

Issues

Laws

National Actions

International Actions

Contracts

Electronic Transaction Act

Hong Kong/ China, Singapore, Thailand

UNCITRAL: Model Law

Harmful sites or contents

Penal Law or Legislation, Obscenity Law, Communication Decency Act, Obscene Publication Act, Self-regulation Act

Australia, China,HK/China, India, Japan, Malaysia, New Zealand, Philippines, Singapore Hong Kong/China, USA, UK, EU etc.

N.A

Hacking & Virus

E-Commerce Act

Philippine

N.A

Intellectual Property Right (IPR)

Copyright Law, Patents Law, Trade Marks Law, IPR Law Green Paper on Counterfeiting & Piracy etc.

Hong Kong/China, Skouras, Sin galore, India, EU etc.

WIPO: Ratification

Data protection and privacy

Personal Data Law Privacy Law, Directive, Self-regulation etc.

Hong Kong/China, S.Korea,EU (e.g. D95/46/EC) 2 USA etc.

OECD: Guidelines on Transformer Data Barriers and The Protection of Privacy

Security

Electronic Transaction Act, Digital Signature Laws, Standards IT Act etc.

Hong Kong/China, Germany, Italy, Malayasia3, Singapore etc. UK (e.g., BS 7799) India

ITU: Recommendations ISO: Standards

Taxation

Internet Tax Freedom Act etc.

USA etc.

N.A

Domain names

N.A

Adopt ICANN practice in many nations

ICANN

Consumer protection

Extension of existing consumer protection

EU etc.

N.A

SPAM

Spam Bill (2003)

Australia, EU and USA

ITU: New initiative(2004)4

Beyond national jurisdiction

N.A

N.A

ITU and ISO standards EU:Cyber-crime Treaty (2002)

Cyber Law in Nepal

Cyber Law is one of the most important law in Nepal, which is deal by the Company Registration in Nepal as cyber law is connected to our day to day life and is the significant area of human life. The Government of Nepal (House of Representatives) has approved the Electronic Transaction Act-2063 on 4th December 2006.

The law does not only legalize all sort of electronic transactions and digital signatures, it has undoubtedly implied the ways to run several computer-based mechanisms and penalize cyber crime. Apart from that, the act has formulated the terms of Comptroller of Certification Authority which is further divided into 12 sections and 80 clauses. For more effective, it has assigned separate judicial body called IT Tribunal and Appellate Tribunal to keep an eye into all cases which are connected to computer and cyber crime. If anyone is found to be violating Cyber Law, then he/ she is equally punished like other crimes.


We cannot ignore that Internet has unlocked numerous opportunities for mankind but it is also true that cyber crimes are also getting huge place in our lives. There is no doubt that technologies are being a crucial part of humans and it is our responsibility to deal with the problems that are created by the use of internet and computers and maintain proper security of our informations. According to Cyber Law in Nepal, if an individual is found in such cyber crime like hacking the intellectual property of others he or she will be punished for minimum 6 months to 3 years in prison and has to pay minimum 50 thousand to max 3 lakhs. So, stealing other’s intellectual property is akin to steal in other’s homes.

According to this Law, IT consumers, their certification, digital copyright, their legal status, control, authentication and permission are explained. Similarly, the network facilities provided by the computer vendors, their duties and responsibilities clearly stated in the law.

In addition to the rights, the law also has explained about the crime activities such as forged documentation, leakage of privacy, etc. A person or vendor or supplier acting against the law will be responsible for the consequences of the judiciary and he/she can be fined or jailed or both punishments can be bailed.

In the same way, the law has explained about the bilateral contracts, their certification, legal status, authentication, provisions, etc. The computers users, rights of the computer employees, etc. are also explained in the law.

It would be good practice if everybody practices the cyber law. But the rate of cyber crime is increasing and the concerned body will have to be conscious of the fact that the criminals should be punished. Nepal has formulated some policies and acts as given below:

  • Electronic Transaction Act 2005
  • IT policy 2000
  • Electronic Transaction Regulatory 2005

References:

Khanal, R.C. Khanal, R.C. Computer Concept for XII. Pashupatigriha Marga, Thapathali, Kathmandu, Nepal: Ekta Books Distributors Pvt. Ltd., 2010. 97-99.

Adhikari, Deepak Kumar.,et.al., Computer Science XII,Asia Publication Pvt.Ltd

  1. CASE help to automatesthe often tedious task of documenting entity relationships and data flows in a complex new system.
  2. CAD is one of the most popular software used for the modern engineering approach.
  3. Cams are the computerized machines and robots which help in solving the problem of human beings personally cannot be present.
  4. CAL is the packages software which is developed to study the different subject like, Mathematics, Chemistry, Astronomy, English, and Physics etc.
  5. CAI is used in the industries while manufacturing which gives instructions to the equipment and process for the whole production system.
  6. Anonymity refers to the ability to convey a message without disclosing one’s name or identity which is illegal and the perfect foundation for a totalitarian police state.
  7. Cookies are the small files that are written to your computer’s disk by means of the Web sites you visit which can be used for the future references again when you visit the same Web site.
  8. Cyber law is the law that deals with the legal issues which is relate to the access,usage and the privacy of informations.
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