Broadly, the thesis aims to resolve two research questions. Firstly, whether or not the legal regime of cybercrime in Nepal has been able to address current or prospective modus operandi of cyber related crime? And secondly, whether Nepalese legal regime related to cybercrime is in line with the standards set forth in Convention on Cybercrime, 2001 for addressing the cybercrime?.
The dissertation is substantially based on secondary resources such as scholar's article, books, and data from police, annual report of court and informal unstructured discussion with personnel from relevant authorities. Furthermore, the thesis has undertaken empirical study of cases and reports along with unstructured interview with relevant officials using random purposive sampling. After observation of secondary sources, unstructured interview, the paper has used primary sources such as treaties and laws to make a analytical study where the findings has been analyzed and conclusion has been drawn.
Table of Contents
CHAPTER I - INTRODUCTION
1.1. Background
1.2. Research Questions
1.3. Methodology
CHAPTER II – OVERVIEW ON CYBERCRIME
2.1. Introduction
2.2. What are Cybercrime?
2.3. Modus Operandi of Cybercrime
CHAPTER III – CYBERCRIME IN NEPAL
3.1. Nepalese Legal Regime governing Cybercrime
3.1.1. Electronic Transaction Act, 2008
3.1.2. Banking Offence and Punishment Act, 2008
3.1.3. Children's Act 1992
3.1.4. Some Public (Crime and Punishment) Act, 1970
3.1.5. The Patent, Design and Trademark Act, 1965
3.1.6. Copyright Act, 2002
3.1.7. Consumer Protection Act, 1998
3.1.8. Other
3.2. Threat of Cybercrime in Nepal
3.3. Present Scenario
3.3.1. Cases
3.3.2. Complaint registered tendency
3.4. Prospective threats that may arise
CHAPTER IV – EUROPEAN CONVENTION ON CYBERCRIME
4.1. International perspective
4.2. European Convention on Cybercrime
CHAPTER V – ANALYSIS
5.1. Nepalese legal regime addressing current or prospective modus operandi of cybercrime
5.1.1. Substantive Legal Regime
5.1.2. Enforcement
5.2. Comparison of Nepalese legal regime with Convention on Cybercrime
CHAPTER VI – CONCLUSION AND RECOMMENDATION
6.1. Conclusion
6.2. Recommendation
Objectives and Research Themes
The primary objective of this dissertation is to evaluate whether the existing Nepalese legal framework is sufficiently equipped to address the current and future modus operandi of cyber-related crimes. Furthermore, the research aims to assess the alignment of Nepal's cybercrime laws with the international standards set forth by the Convention on Cybercrime (2001).
- Examination of the current cybercrime trends and modus operandi in Nepal.
- Critical analysis of the Electronic Transaction Act (ETA) and other sector-specific legislation regarding their effectiveness in controlling cybercrime.
- Evaluation of law enforcement challenges, including investigation capabilities and legal gaps.
- Comparative study of the Nepalese legal regime against the standards defined in the European Convention on Cybercrime.
Excerpt from the Book
2.3. Modus Operandi of Cybercrime
Modus operandi is a criminal investigation term for "way of operating," which may prove the accused has a pattern of repeating the same criminal acts using the same method. Modus operandi is a Latin term that means a method of operating. It refers to the manner in which a crime has been committed or characteristic way a criminal commits a specific type of crime. Moreover, modus operandi is a routine mode of conduct in which individualized techniques are employed in commission of crime which is the behaviour necessary for the successful commission of a crime.
Criminal's modus operandi is comprised of learned behaviour that can evolve and develop over time. Modus operandi is functional in nature and often serves or fails one or more purposes: (a) Protection of offender's identity, (b) Successful completion of the crime and (c) facilitation of offender escape. Thus, Modus operandi is the principle that a criminal is likely to use the same technique repeatedly, and any analysis or record of that technique used in every serious crime will provide a means of identification in a particular crime.
Modus operandi of cybercrime is observed in many semblances. Modus operandi of cybercrime depends on the prime objective of the perpetrator, i.e. actus reus of the crime. Most often, cybercrime is understood with its most advertised forms – web hacking, unauthorized access, publication of illicit material in computer worlds. However, apart from these commonly understood guises, there are other instances of cybercrime; relevant example would be instance of distributed denial-of-service attacks in early 2000 that brought down e-commerce sites in USA and Europe. Also in 2000, a Russian hacker named “Maxus” stole thousands of credit card numbers from the online merchant CD Universe and held them for ransom at $100,000 (U.S.). When his demands were not met, he posted 25,000 of the numbers to a public Web site.
Summary of Chapters
CHAPTER I - INTRODUCTION: Outlines the rise of cybercrime globally and in Nepal, establishing the research questions regarding legal effectiveness and alignment with international standards.
CHAPTER II – OVERVIEW ON CYBERCRIME: Defines cybercrime, its evolving modus operandi, and categorizes the different forms of digital offenses.
CHAPTER III – CYBERCRIME IN NEPAL: Details the current legal regime in Nepal, including the Electronic Transaction Act, and analyzes current cases and threat scenarios.
CHAPTER IV – EUROPEAN CONVENTION ON CYBERCRIME: Explores international legal instruments and provides a detailed analysis of the European Convention on Cybercrime.
CHAPTER V – ANALYSIS: Evaluates the efficacy of Nepalese law in addressing specific cyber threats and compares the national legal framework with international conventions.
CHAPTER VI – CONCLUSION AND RECOMMENDATION: Summarizes the study's findings and provides recommendations for legislative amendments and improved enforcement strategies.
Keywords
Cybercrime, Nepal, Electronic Transaction Act, Modus Operandi, Cyber Law, European Convention on Cybercrime, Digital Evidence, Hacking, Phishing, Online Fraud, Cyber Security, Legislation, Enforcement, Legal Reform, Information Technology
Frequently Asked Questions
What is the core focus of this thesis?
The thesis focuses on evaluating the adequacy of the Nepalese legal system in addressing current and emerging cybercrimes and whether it aligns with international standards, specifically the European Convention on Cybercrime.
What are the primary thematic areas covered?
The work covers the definition and modus operandi of cybercrime, the existing Nepalese legal framework, comparative analysis with international conventions, and challenges in law enforcement.
What is the main research objective?
The primary goal is to determine if the Electronic Transaction Act of 2008 can effectively handle modern and future patterns of cybercrime and to suggest necessary legal improvements.
What scientific methods were employed?
The research is based on secondary resources like scholarly articles, books, and reports, combined with an empirical study of reported cases and unstructured interviews with relevant officials.
What does the main body of the work address?
The main body examines the specific laws governing cybercrime in Nepal, analyzes their shortcomings in the face of evolving technological crimes, and benchmarks them against the Council of Europe's convention.
Which keywords characterize this work?
Key terms include Cybercrime, Nepal, Electronic Transaction Act, Modus Operandi, Legal Reform, and Cyber Security.
How does the author view the effectiveness of the Electronic Transaction Act?
The author argues that the Act is becoming outdated and ambiguous, failing to explicitly cover modern cybercrimes such as phishing, identity theft, and sophisticated online fraud.
What are the main obstacles to effective enforcement in Nepal?
Major obstacles include a lack of specialized cyber forensic labs, insufficient technical training for law enforcement and judiciary, ambiguity in current laws, and low public awareness regarding legal remedies.
What is the suggested path forward for Nepal?
The author recommends amending the Electronic Transaction Act to include clear definitions of new cybercrime patterns, establishing dedicated IT tribunals, and enhancing inter-agency cooperation and forensic capabilities.
- Citation du texte
- Prabin Subedi (Auteur), 2014, Cybercrime in Nepal, Munich, GRIN Verlag, https://www.grin.com/document/305565
