Intelligence Bill Draft: Right to Intercept from AI-Robotics to Research Department

Kathmandu: The government has prepared a draft bill to regulate national intelligence and research. The draft proposes granting legal authority for professional activities including counterintelligence, use of technology, secret operations, use of coded formulas, evidence collection, interrogation, and verification.

The draft defines a ‘computer database’ as a collection of information, knowledge, concepts, or instructions, prepared formally in writing, images, sound, or audio-visual format, for use in or stored on a computer, computer system, or network.

The draft considers adopting a scientific and reliable research system as the core principle of intelligence service. It also proposes forming a National Intelligence Service to handle intelligence-related tasks. This includes general, technical, and special security groups.

The general group includes sub-groups for legal and accounting services, while the technical side is proposed to cover information and communication technology, vehicle management, and maintenance. The National Investigation Department under the Office of the Prime Minister and Council of Ministers is proposed to continue executing the responsibilities outlined in the bill.

The department will be authorized to collect, analyze, disseminate, and investigate information related to cybercrimes conducted through information and communication technology.

The draft also authorizes the department to use advanced technologies, such as artificial intelligence and robotics, in intelligence and investigative work. An annual report on the department’s major activities must be submitted to the Prime Minister within 60 days of the end of each fiscal year.

A special provision for information collection has been proposed. If intelligence cannot be gathered through other means, and the Inspector General of Investigation believes the absence of such information would cause serious harm to the nation, he may issue a written order to an officer under his direct command. This order would authorize the monitoring, interception, or recording of communication whether audio, visual, electronic signals, or other forms by any suspicious individual, association, or organization via any medium.

‘Interception’ is defined as the act of monitoring any communication network to obtain required information. The draft also proposes that the department may be granted read-only access to computer database systems of other government agencies or public bodies, by linking them to its own database system.

 

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