Wednesday, September 12, 2007

Cyber Law to Come into Force, Finally

The Electronic Transaction Act is finally coming into effect three years after its endorsement, as the Ministry of Environment Science and Technology (MoEST) is all set to appoint the Controller of the Certification Authority (CCA), who is responsible to carry on its operation.The Act was not implemented due to the absence of the controller. The Act was drafted six years ago and was endorsed as an ordinance in September 2004. After its endorsement, Deepak Rauniyar was appointed the controller, but before he could start his work, his appointment was cancelled following the success of Jana Andolan II.The MoEST has ultimately advertised and has received applications for the post after lots of homework. "We will soon have the controller, who will implement the ETA in Nepal for the first time," said Purusottam Ghimire, spokesperson of the MoEST. After the appointment, Nepal will formally have e-transactions and cyber law.The controller has the key responsibility of dispatching electronic records, issuing licences to certifying authorities of digital signature to maintain confidentiality of electronic transaction.Supervision and monitoring of the activities of the certifying authorities, to fix the standards to be maintained by certifying authorities in respect to the verification of digital signature also fall under the controller's responsibility. The controller has to fix the standards to be maintained by certifying authorities in respect to the verification of digital signatures to maintain confidentiality, integrity and authenticity in the electronic world.It not just helps making transactions simpler, easier, swifter and cost effective, but also serves as the authority to check cyber crime. It has the provision of digital signature and autonomous Cyber Courts to check cyber crime and systems of penalising cyber criminals.The electronic transaction is the use of computerised electronic system in any kind of transaction that will increase work efficiency, productivity in any kind of transaction between the service provider and the sever taker.The House of Representatives approved the ETA on December 4, 2006. The Act is divided into 12 sections and 80 clauses with detailed information on role and rights of controller, certification authority, customers, government and all the stakeholders concerned.

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