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Cyber Crime, Cyber threat, Cyber Security Strategies and Cyber Law in Nepal

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Pramana Research Journal ISSN NO: 2249-2976

Cyber Crime, Cyber threat, Cyber Security Strategies and

Cyber Law in Nepal.
SHAILENDRA GIRI
Execuritve Director, Personnel Training Academy, Bagdol Lalitpur, Nepal

Abstract
Human life is depending on online services which are making daily life easy and smart
but facing various challenges of cyber attract, threat and security. Huge numbers of criminal
activities are increasing day by day using ICT tools and applications. Government
organizations, citizens, business is being victims by cyber crime and threats. The risks of cyber
attract and threat is very high. The cyber security strategies, policies, plan and law, help to
protect e-government systems against threat and attack; and detect abnormal activities. The aim
of this paper is to explorer cyber crime and cyber threat and security strategies and law. The
content analysis and survey methods are used for this research. The study concluded that the
government must conduct a professional analysis of cyber crime, cyber threat, cyber security,
and cyber strategies. This article has discussed about the legal requirements of cyber security. If
we are not able to design systems that secure human life and distinguish that usable solutions
are not sufficient and a crucial component of strong security in the future. As we know that
within a decade, observe our technology turned against us in continued and being more
sophisticated day to day and how it made destructive attacks and threats. It shows that our future
will not really happy and healthy due to cyber insecurity.

Keywords: Cyber crime, cyber threat, cyber security, cyber law, e-Governance, e-Government.

1. Introduction

One of the fastest growing areas [39] of crime including Information and Communication
Technologies (ICT) and internet is Cybercrime. It is today’s burning issue of each nation which
is making world economic up and down. It is being essential to gain cyber security knowledge
and skills, to help protect our digital life. The potential ICTs development and service delivery
raises new challenges of the information technology society [51].Huge numbers of criminal
activities are increasing day by day using ICT tools and applications. Government, business,
citizens are facing problems as hacking, intellectual property theft, credit card cloning, phishing,
software piracy, cyber terrorism, spyware, defamation, cyber flowers, computer virus, social
violence using IT, cyber-bullying, privacy issue and so on.

The governments organizations, citizens, business are being victims by cyber, attract, crime and
threats. According to Pande [32], modern technologies supply so as to commit various varies of
criminal activities. These include attacks against computer data and information as well as
systems. In 2007 and 2008 the cost of cybercrime worldwide was estimated at approximately

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USD eight billion. As for corporate cyber intelligence, cybercriminals have stolen intellectual
property from businesses worldwide worth up to USD one trillion [5].

The everyday life of citizens in modern societies relies on the critical services provided by
government agencies, business organizations, and concern stakeholders. ICTs are using for
ongoing operations, control, and monitoring activities, as well as for interactions involving data
exchange from various sources including cloud computing [28-29]. Cyber-security for
government systems has recently been gaining a lot of attention towards cyber attract and threat
[31]. Intrusion Detection Systems (IDS) and Intrusion Prevention Systems (IPS) are technologies
that help to enhance the security environment of government agencies, private sector companies
and citizens [2].

The computer networks that individuals and organizations, for the most part, might as well give
up in their efforts to protect most of their databases [30]. Securing cyberspace, however, it is
defined, is an extremely difficult strategic challenge that requires cooperation between the public
and private sectors, military and civilian, of our societies [46]. Data protection is being difficult
today. The whole world looking into computer databanks, government, public organization, and
citizens have to make careful decisions about data and information security [30] and security is
not just a technical issue [18]. Liu [29] have presented work to identify security requirements,
Schumacher and Roedig [41] proposed a set of patterns, and Van Lamsweerde [49] defines the
notion of anti-models, models that capture attackers, their goals and capabilities.

Hackers and cyber-criminals understand this phenomenon significantly; the majority of the
discussions and research surrounding cyber-security are focused on the technical, security
strategies and policy making of securing cyberspace [47]. The hackers, cyber criminals and
terrorists become more technically sophisticated now. Cyber-security is constantly evolving and
being updated, in order to adapt to today’s fast-changing scenarios [27] and the security
community must address root causes of cyber insecurity [3].

The objective of a cyber attack includes four areas: loss of integrity, loss of availability, loss of
confidentiality and physical destruction [47]. The Internet and cyberspace revolution is changing
the technology of the workplace and work environment [52]. There is a continuous awareness
program to the citizens and training program to ensure people understand security threats, know-
how, and to identify potential issues and behave accordingly to maintain secure e-government
services [11-13]. Nepal has seen ups and downs in its technology but due to its limited policies
and regulation; it is facing a huge hindrance in the coming days. Technology has been passed
and Nepal is facing a huge threats and challenges in overcoming the online activities [42].

The cyber law is the law governing the digital world and it governs the security and privacy of
information, crimes relating to the damages. The internal sources are the employees of private or
public agencies, customers or end users in cyber threat. The external sources are hackers,
criminal/terrorist groups or organizations, intelligence and investigating agencies in cyber threat.
Threats to the assets may be of different types and of varying intensities and impact values [11-
13]. The assets could be internal or external such as data, information, knowledge resources,
programs, hardware, network and so on. The threat to security of ICT systems may be from
many sources and in different forms.

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Cyber laws have become essential in view of the rapid developments in ICTs. The states can
respond to computer crime and related criminal law issues associated with these developments
[42]. The most serious challenges of the 21st century are cyber attract, security and threats.
Malicious use of ICT can easily be concealed. The growing sophistication and scale of criminal
activity increases the potential for harmful actions [11-13].

This paper aims provide recommendations for policymakers to draft national cyber security
strategies to respond to this growing threat. Paper also explores the competing paradigms for
views problems of cyber security, and some of the strategies already implemented to identify
best practices in national security strategy and cyber law.

2. Literature review:
2.1Cyber crime:

The term cybercrime refers to a variety of crimes carried out online, using the internet through
computers, laptops, tablets, internet-enabled televisions, games consoles and smartphones [22]. It
is also defined as technology enabled crime, IT crime, digital crime, electronic crime, virtual
crime, net crime, and high technology crime. According to Halder & Jaishankar [10] defined
Cybercrimes as: "Offences that are committed against individuals or groups of individuals with a
criminal motive to intentionally harm the reputation of the victim or cause physical or
mental hurt, or loss, to the victim directly or indirectly, victimization trendy telecommunication
networks like Internet”.

It is the crime that involves a computer, a network, new technology and devices [33] and the
computer may have been used as a weapon of a crime, or it may be the target as well as
technology and system [50]. Some forms of cyber crimes, natures and models became high
profile, significantly those encompassing hacking, infringement of copyright, unwarranted mass-
surveillance, erotica, software package piracy, material possession outlaw, cyber flower, false
mail, defamation, and kid grooming [10].

A report revealed in 2014(sponsored by McAfee), calculable that the annual harm to the
worldwide economy was $445 billion [8]. Approximately, $1.5 billion was lost in 2012
to online credit and open-end credit fraud within the United States [9]. In 2018, a study by
Center for Strategic and International Studies (CSIS), in partnership with McAfee, concludes
that on the point of $600 billion, the nearly simple fraction of worldwide value, is lost to crime
annually [8].

2.2. Cyber threat:

Cyber attacks and cyber terrorism are the new looming threats on the horizon and the country
needs to focus on specific areas to guarantee cybersecurity [6]. The threat to the security of ICT
system may be from many sources and in different forms. Some of the internal sources of threat
are the employees of private or public agencies, customers or end users of the programs. The
external sources of threat may hackers, criminal/terrorist groups or organizations, intelligence
and investigating agencies. Cybercrime not only threat a person or a nation's security and
financial health of an organization but also victimize the social reputation too [44].

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Threats to the assets may be of different types and varying intensities and impact values [12].
Threats to cyber security are often nearly divided into 2 general categories: actions geared
toward and supposed to break or destroy cyber systems and actions that ask for to take advantage
of the cyber infrastructure for unlawful. If you use e-mails connected to the Internet, it’s being
scanned, probed, and attacked constantly with the production of free hacking tools and cheap
electronic devices [9]. Cyber fundamentals help us to guard against the most common cyber
threats and demonstrate our commitment to cyber-security [19]. Threat actors will operate with
substantial freedom from just about anyplace. Many malicious tools and methodologies
originate within the efforts of criminals and hackers [12]. Public key infrastructure providing the
required level of authentication. The integrity and to have a continuous awareness as well as
training program to ensure citizens understand security threats know how to identify potential
issues and behave accordingly to maintain secure Government services in the different parts of
the country [12].

2.3. Cyber Security

Cybercrime encompasses any criminal act handling computers and networks;

and includes ancient crimes conducted through the web [33]. The activity
of protective information and knowledge systems like networks, computers database, data
centers and applications with appropriate procedural and technological security measures is
referred to as cyber-security. Firewalls, antivirus computer code, and other technological
solutions for safeguarding personal data and computer networks are essential but not sufficient to
ensure security.

Cyber-security has emerged as a longtime discipline for pc systems. Security helps to ensure the
confidentiality, availability, and integrity of information systems by preventing Cyber security
attacks [48]. Cyber-security covers physical protection each hardware and computer code of
private data and technology resources from unauthorized access gained via technological means
that is a challenging issue in the country public-private partnership may be a key element of
cyber security. The public-private engagement may take a variety of forms and may address
awareness, training, technological improvements, vulnerability remediation and recovery
operations [12].

Enhancing cyber-security and protective crucial data infrastructure area unit essential to
every nation’s security. Cybersecurity plays an important role in the development of IT, as well
as internet services. These five basic controls are essential for better cyber security in our
organization [19]. 1) Use a firewall to secure your net affiliation, 2) Choose the most secure
settings for your devices and software, 3) Control who has access to your data and services,
4)Protect yourself from viruses and other malware and 5) Keep your devices and software up to
date. The traditional protections of small size and remote geography do not extend to cyber
threats, attract and crime [20] The international recommendations for cyber security often
mention human and technological capacity building and development [38].

Cyber security is very important to protect the IT services in the corporate establishment,
government organizations as well as the one used by the general public. Developing countries
where IT has reached the apex, the security of data compiled, stored and transmitted is almost

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important [6]. No country has been able to claim the full understanding of possible reason for
cybercrime and possible damages that can come from it. No cyber knowledge can be made
controlled fully by security forces [42].

2.4.Cyber Security Strategies:

The inclusion of nasty hidden functions within the IT will undermine confidence
in merchandise and services, and have an effect on national security [13]. Making the
common subject of the country a lot of tuned in to the threats [6]. The prime concern of every
nation is cyber-security today. The security situation of a country is affected by (1) country’s
own strategy to maintain security and execution of the strategy, (2) increasing globalization
trends and (3) use and misuse of ICT practices of the country and global world. Safety and
security have become the principal prerequisites and obligations of a sovereign nation. Scientific
invention and innovation have altered the world and Nepal too [42].

The strategy’s objectives included the reduction of cyber threats, the establishment of
international support, capacity building, and public private cooperation [23]. There are competing
paradigms for viewing the cyber security problems [34]. The motivations of nations developing
national cyber security strategies. The designation of responsibility for cybersecurity within
government is varies [24]. The strategy focused on the three objectives: (a) raise awareness among
individuals and small business, (b) improve government cybersecurity, and (c) build strategic
relationship to secure critical infrastructure. The United States published an international strategy
for cyberspace security [45]. The United States divided responsibility between defense and
homeland security [40]. Panama focused on six pillars in its strategy: protecting privacy and human
rights, prevention and punishment of cybercrime, fortifying national critical infrastructure,
building a national cybersecurity, industrial foundation, developing an ethnicity of cybersecurity,
and improving the security and response capability of public entities [38].

Cyber-security helps to protect government systems against attack, detect abnormal activities
services. Information security practice is needed to protect e-governance projects. Security
policy, plans, practices procedures must be in position as well as utilization of security
technology [13]. The organization’s cyber security level and cyber security is verified by
independent experts [19].There is several key recommendations to improve the current cyber-
security posture [6].

 Accept cyber terrorism as a viable near term threat, organize for success and establish the new
Department of Cyber Security and debate the issues with the Parliament and the public to raise
awareness.
 Increase punishment for cyber crimes with terror or death as a motive and finalize the national
cyber security plan and implement it.
 Commit Parliamentary functioning to improve cyber security and manpower training to
implement the plan effectively.

2.5.Cyber Law:

Cyber law is the law that has a spread of problems associated with the
web and different communication technology, as well as belongings and jurisdiction which

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control the cyber space. In Nepal cyber law is called as Electronic Transaction Act (ETA) 2063
[15], which were passed in 2004. Cyber law is the law governing the facts that happen in the
intangible digital world such as giving legal status to the intangible information in the cyberspace
[13]. The cyber laws area unit vital and valid for control cyber matters [4]. The Government
needs to be transparent in its function and for the same [26]. It is the accountability of the State
to bring in sufficiently strong legislation to discourage cyber crime, threat, attract and put down
the abuse of the Internet and other cyber media for any illegal activities [14].

Security is mainly about safeguarding the ICT tools of any organization. The assets could be
internal or external such as data, information, knowledge resources, programs, hardware, and
networks and so on [13]. Cyber warfare poses a large threat to highly computerized societies and
culture. No country has been able to develop a safety policy that guarantee full security in the
communication practices within the context of globe [42]. Regulatory changes are required for a
host of activities from procurement to service delivery [13]. Different countries have completely
different cyber laws and cyber laws control bodies. In Nepal, cyber law is termed as
Electronic dealing Act (ETA) 2063 which is available at: http://www.lawcommission.gov.np.

Due to lack of proper mechanism to rule, monitor and policies. The technology may threats the
nation by criminal activities [32]. Cyber laws are very important. They provide security not only
to the intellectual property of IT companies but also help to maintain the privacy of internet
users. It helps to keep us safe and to boost the IT economy in the world.

3. Methodology
Cyber crime is one of the fastest growing areas of crime around the globe. Nepal is not an
exception to attract, threat of cybercrime. Increasing internet and computer users and the growth
of technology are grooming cyber crime. Nepal faces a huge hindrance due to its limited policies
and regulation. Cybercrimes has grown day by day, individuals, organizations, and governments
have struggled to find ways to defend against the cyber attract and threat. IT is changing all
aspects of human activity and in such case Cyber law is essential now. The survey and content
analysis methods are using during this research. The survey data collected from government
employees who are on duty at different part of the nation. International journals, books,
government reports are also reference of the study.
4. Result and Analysis
Huge numbers of criminal activities are increasing day by day using ICT tools, infrastructure and
applications. Government organizations, citizens, business are being victims by cyber crime and
threats. Government employees know about cybercrimes, cyber threat, cyber security and cyber
law. It is revealed in Table 1. 85.7% of respondents responded that they are aware of cybercrime,
threat, security and law.
Table1: Do you know about the cybercrime, threat, security and law?
No 20 14.3 %
Yes 120 85.7 %
Total 140 100.0 %
Fieldwork 2018

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How have respondents understood the meaning of cybercrime? An inquiry was made on it.
Table 2 gives the meaning of cybercrime as respondents understood: Taking or giving
information by unauthentic use of other person's computer (76.4%) stated unauthentic use of
other person's computer, mobile, telephone, ATM card (73.69) etc. is found to be taken by the
respondent as cybercrime. Similarly, other definitions as understood by respondents include
leakage of personal as well as official information (74.3) and unauthentic upload of video, audio
and photo in the social media site (72.1%) Offense against the nation using IT (73.6%)
Threatening and harassing someone through telephone, mobile, internet, email and other
electronic media (72.1 %) and Hacking passwords, Wi-Fi, websites in order to hamper the
dignity of a person, family, society, unions, organization and nation (71.4) are the major cyber
crime activities.
Table 2 : What is cybercrime in your opinion?
Leakage of personal as well as official information 104 74.3 %
Taking or giving information by unauthentic use of other person's computer 107 76.4 %
Unauthentic use of other person's computer, mobile, telephone, ATM card 103 73.6 %
etc
Unauthentic upload of video, audio and photo in the social media site 101 72.1 %
Like, comment, share of other person's statements in social media site 95 67.9 %
Publishing statements and photos that hampers/ maligns someone's 100 71.4 %
personal dignity
Exacerbating someone's photo and upload it 97 69.3 %
Misusing photos of children, young and old people and put it in indecent 97 69.3 %
and adult sites
Hacking passwords, Wi-Fi, websites in order to hamper the dignity of a 100 71.4 %
person, family, society, unions, organization and nation
Threatening and harassing someone through telephone, mobile, internet, 101 72.1 %
email and other electronic media
Offense against the nation using information technology 103 73.6 %

Source: Fieldwork 2018

5. Discussion
Cyber security is considered as a national security. An issue of each nation could impact the lives
of citizens each day [1]. Implementation of commanding national cyber security strategies must
enhance the percentages for fulfillment. Cyber security coverage that inhibits loose expression
within the name of safety is inconsistent with human right.

For the protection of e-governance projects, there is a need for information security based
practices. Security policies and plan help to protect e-government systems against threat and
attack, and to detect abnormal activities services.

UK cyber security method set up a brand new workplace of cyber security inside the cabinet
workplace at the side of multi-enterprise cyber security operation middle located within the army
headquarters [7]. The U.S. cyber security strategy turned into additional weighted in the direction
of national security models [25][35][36][37]. The law deals with problems associated with a

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digital signature, belongings, cybercrime, etc. Due to lack of proper monitoring, supervision, and
updates, protecting user’s online data through cyber law is present.

The global and regional agencies inclusive of the ITU [17], European Union [16], and OECD
[43] have posted pointers for national cyber security strategy development. The private sector’s
function in national safety approach has all started to emerge. The method blanketed
recommendations for setting up excessive stage government accountability for cyber-security,
establishing a national cyber-security coordinator, and the improvement of training packages for
most of the people and the cyber-security workforce [17]. Why not recruit cyber army and make
different defense cyber security force?

6. Conclusion

As disruptive activities using ICTs are more complex and dangerous in the cyberspace. The
hackers, cybercriminals, and terrorists become more technically sophisticated now. It concludes
that the security community must address root causes of cyber insecurity. Actions for securing
information and information systems are required to be done at different levels in the e-
Governance activities. The responsibility of the State is to herald sufficiently sturdy legislation to
discourage and place down the misuse of the web and other cyber media for any nefarious
activities. Network services providers (ISP), large businesses and small users/home users are also
required to play their role to enhance the security of cyber space within the country. This paper
has discussed the cyber crime, threat, security strategies, and legal requirements of Cyber
security, security training and awareness in providing a comprehensive e-Governance initiative.
Further research is required in the e-Governance vision, policies and strategies. If we are not able
to design systems that secure human life and distinguish that usable solutions are not sufficient
and a crucial component of strong security in the future. As we know that within a decade, see
our technology turned against us in continued and being more sophisticated day to day and
destructive attacks and threats. It shows that our future will not really happy and healthy due to
cyber insecurity.

7. Recommendations
Department of Information and Technology of Nepal (DoIT) [21] has provided suggestions
regarding Cyber security:
 Use strong Passwords and use different user ID. Make the password more complicated by
combining letters, numbers, and special characters and change them regularly.
 Don’t share it with anyone. Avoid replying unknown emails and do not open emails from
unknown sources. Do not respond to emails asking for personal information, credit card number,
pin-code, password etc.
 Keeping word/ PIN codes safe and memorize. Read privacy and policy statements before any
transaction.
 Surf only through a secure website. Log out immediately after completed online job.
 Check account statement to ensure that unauthorized transaction has taken place or not. Safe
online banking and online shopping and safely access Social networking websites.
 Be careful whereas communication with persons met online
 Make friends only known friends. Remove inappropriate information from profile. Do not post
personal information on social media. While using the internet at public place remember that

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internet browsers like IE, Mozilla Firefox, Gmail, Hotmail etc. will save password on that
browser and account may be hacked.
 Firewalls monitor open connections including attachments in an email, block unauthorized
inbound and outbound internet traffic and disable internet add-ons such as cookies, pop-ups etc.

Acknowledgement
This work was supported by Rapti Engineering College which is located at Ghorahi-16, Dang
Nepal. I would like to express my deep gratitude to Professor Dr. Subarna Shakya my research
supervisor for their patient guidance, enthusiastic encouragement and useful critiques of this
research work. I am always pleased to Personnel Training Academy-PTA, Bagdol Lalitpur
Nepal. I would also like to thank my parents, family and staffs for their support and
encouragement throughout my study.

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