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Cyber law (also referred to as cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. It is less a distinct field of law in the way that property or contract are as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to integrate the challenges presented by human activity on the Internet with legacy system of laws applicable to the physical world.
Another major area of interest is net neutrality, which affects the regulation of the infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments, suggesting that the Internet is not as independent as Barlow and others would like to believe This is turning into one of the most critical aspects of cyber law and has immediate jurisdictional implications, as laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected .
Jurisdiction and Sovereignty
Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. Jurisdiction is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence. Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extra-territorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation. This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws. Another major problem of cyber law lies in whether to treat the Internet as if it were physical space (and thus subject to a given jurisdiction's laws) or to act as if the Internet is a world unto itself (and therefore free of such restraints). Those who favor
the latter view often feel that government should leave the Internet community to selfregulate. JohN Perry Barlow, for example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. In practical terms, a user of the Internet is subject to the laws of the state or nation within which he or she goes online. Thus, in the U.S., Jake Baker faced criminal charges for his econduct (see Free Speech), and numerous users of peer-to-peer file-sharing software were subject to civil lawsuits for copyright infringement. This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another. In fact, even different standards concerning the burden of proof in a civil case can cause jurisdictional problems. For example, an American celebrity, claiming to be insulted by an online American magazine, faces a difficult task of winning a lawsuit against that magazine for libel. But if the celebrity has ties, economic or otherwise, to England, her or she can sue for libel in the British court system, where the standard of “libelous speech” is far lower. Free Speech in Cyberspace
In comparison to traditional print-based media, the accessibility and relative anonymity of cyber space has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions with little-to-no distribution costs. Yet this new form of highly-accessible authorship in cyber space raises questions and perhaps magnifies legal complexities relating to the freedom In many countries, speech through cyberspace has proven to be another means of communication which has been regulated by the government. The Open Net Initiative, , whose mission statement is "to investigate and challenge state filtration and surveillance practices" in order to "...generate a credible picture of these practices," has released numerous reports documenting the filtration of internetspeech in various countries. While China has thus far proven to be the most rigorous in its attempts to filter unwanted parts of the internet from its citizens , many other countries
Malaysia Cyber Law - Presentation Transcript
1. Malaysia Cyber Law By KiestinaBinti Abu Saffian (Lesson 14) 2. Definition of Malaysia cyber Law Cyber laws refer to any laws relating to protecting the Internet and other online communication technologies. 3. Needs for cyber law Integrity and security of information Security of Government Data Intellectual property rights Privacy and confidential of information Legal status of online transactions
4. Examples of Malaysia cyber law Digital Signature Act 1997 Telemedicine Act 1997 Communication and Multimedia Act 1998 Computer Crimes Act 1997 5. Other cyber laws being drafted Private Data Protection Bill Electronic Government Activities Bill Electronic Transaction Bill 6. Digital Signature Act 1997 Secures electronic communications especially on the internet. Digital Signature is an identity verification standard using encryption techniques to protect against e-mail forgery. The encrypted code consists of the user’s name and a hash of all the parts of the message. By attaching the digital signature, one can ensure that nobody can eavesdrop, intercept or temper with transmitted data. By doing so, a more secure and safe electronic communication could be done. 7. Computer Crimes Act 1997 Protection against the misuses of computers and computer criminal activities are ensured by the Computer Crimes Act 1997. Such as unauthorized use of programs, illegal transmission of data or messages over computers and hacking and cracking of computer systems and networks are banned by this law, therefore to those who disobey this law can be charged on the court. By implementing the Computer Crimes Act 1997, computer users can now protect their rights to privacy and build trust in the computer system. On top of that, this act also enable the government to track the illegal activities, thus reducing the cyber crimes cases. 8. Telemedicine Act 1997 In Telemedicine Act 1997 stated that only qualified medical practitioners can use telemedicine and that their patient's rights and interests are protected. This act provides the future development and delivery of healthcare in Malaysia. In other word, it is used to ensure all activities done through telemedicine are safe and not risky. 9. Communication and Multimedia Act 1998 By the implementation of Communication and Telecommunication Act 1998 ensures that information is secure, the network is safe, reliable and the service is affordable all over Malaysia. In Malaysia, you can also use this act for any cases regarding your internet service provider and see whether they got accused of part of this law. This act also ensures high level of user's confidence in the information and communication technology industry.
10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.
22. 23. 24. 25. 26. 27. 28. 29.
In relation to ICT security, cyber laws were enacted to: (a) regulate and protect the ICT industry from misuse and illegal activities or activities that assist in the commissioning of illegal activities. Above all, cyber laws seek to promote the development of local ICT-based industries; (b) describe in clear terms activities construed under the law as offences; (c) describe in detail penalties for transgression; and 30. (d) provide soft infrastructure to lend support to the MSC initiative.
31. 32. 33. 34. http://www.mampu.gov.my/pdf/MyMIS/chapter5.PDF 35.
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IMPA CT .
OF ICT .
ON SOCI .
ETY:I MPA .
CT OF .
ICT ON .
SOCI ETY: .
Mala ysian Cyber .
Law. Electr onic .
Mala ysian Cyber .
Law. Electr onicG .
.overn ment Law.
Gover nmen t Law. .
Present ed by:Pres ented .
Ferel .by:Ferel lica Anne M.
.lica Anne M.
IGITAL SIGNATUR E ACT 1997. D .
IGITAL SIGNATUR E ACT 1997. .
Why the ACT exist?Why the ACT exist? .
Transactions conducted via internet increasing.Tr ansactions conducted .
via internet increasing. Identities and messages can
falsified.Iden tities and messages can falsified. Need purchaser
and seller identity for the integrity of Need purchaser and seller
identity for the integrity of messages. messages. Removing doubt and
Remov ing doubt and possibility of fraud. .possibility of fraud.
What the ACT is about?Wh at the ACT is about? .
Provides for regulation of public key infrastructur e.Provides for .
regulation of public key infrastructur e. Make digital signature .
legally valid and enforceable asMake digital signature .
tra .legally valid and enforceable astraditional signature.
ditional signature. .
COPYRIGH T (AMEN D MENT) ACT .
1997.COPY RIGHT (AMEN D .
MENT) ACT 1997. Why the ACT exist?Why .
the ACT exist? To protect expressions of thoughts .
and ideas fromTo protect expressions of thoughts and ideas .
fromunauth orized copying alteration.un authorized .
Creative expressions is being captured.copying alteration.Cre .
ative expressions is being captured. .
What the AMEN D MENT ACT about?Wh .
at the AMEN D MENT ACT about? .
Clear protection .Clear protection accorded to multimedia works.
accorded to multimedia works. Transmission s of copyright .
works over the Internet clearlyTrans missions of copyright works over .
amount to .the Internet clearlyamou nt to infringement .
Technologic al methods of ensuring works and .infringement .
authorship infoTechnolo gical methods of ensuring works and .
ar e not altered .authorship infoare not altered or removed is protected.
.or removed is protected.
TELE ME D .TELEME D ICINE ACT 1997.
Why the ACT exist?Why .ICINE ACT 1997.
the ACT exist? Healthcare systems and providers .
around the world areHealthcar e systems and providers .
around the world arebecoming interconnect ed.becoming .
Unclear quality healthcare advice and .interconnect ed.
consultation fromUnclear quality healthcare advice and consultation .
special ist because .fromspeciali st because doesn¶t have truth value.
To regulate practice of teleTo .doesn¶t have truth value.
regulate practice of tele-consultation in medical profession.c .
What the ACT is .onsultation in medical profession.
about?Wh at the ACT is about? The ACT provides .
that any registered doctor may practiceThe ACT provides that any .
registered doctor may practice³tele medicine´ but other healthcare .
providers must first obtain³telem edicine´ but other healthcare .
providers must first obtaina license to do so. .a license to do so.
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´ but other healthcar e providers must first obtaina .
.license to do so.a license to do so.
COMPUT ER CRIMES ACT 1997.CO .
.MPUTER CRIMES ACT 1997.
Why the ACT exist? Why the .
ACT exist? As computin g becomes .
more central to people¶s life and As computin g becomes .
computer s become .more central to people¶s life andwork.
wor k.both targets and tool of crime. computer .
.s become both targets and tool of crime.
To ensure misuse of computer is offense.To ensure misuse of .
What the ACT is .computer is offense.
about? What the ACT is about? .
Offers to:Offers to:- Enter or attempt into .
computers and computer systems withoutEnt er or attempt .
into computers and computer systems withoutaut horization.a .
uthorizatio n. D amage or alter data/inform ation in .
computers or computer D amage or alter data/inform ation in .
computers or computer s ystem by planting viruses.syst em by .
planting viruses. .
COMMU NICATIO NS AN D MULTIM E .
CO MMUNIC ATIONS AN .D IA ACT 1998.
D MULTIM E D IA ACT 1998. .
Why the ACT exist? Why the .
ACT exist? Converge nce of technologi es is .
driving convergen ce of Conver gence of technologi es is .
driving convergen ce of telecom municatio n. broadcasti .
ng. and content. broadcasti . computin g.te lecommun ication.
and content. computin g. .ng.
What the ACT is about? What .
the ACT is about? A restructuri .
A restructuri ng of .ng of converged ICT industry.
converged ICT industry. Create and define a new .
C reate and define a new system of licenses.system of licenses. .
Provide communic ation and multimedi a services.P .
.rovide communic ation and multimedi a services.
Provide the existence of the Communi cation and Multimedi .
aProvide the existence of the Communi cation and Multimedi .
aCommiss ion.Comm ission. .
POLICY OBJECTI VES OF CMA.PO LICY .
To regulate .OBJECTI VES OF CMA.
for the longTo regulate for the long-- .
term benefit of the end user.ter .
.m benefit of the end user.
To promote consum er confiden .
ce in service delivery. To promote .
consum er confiden ce in .
service delivery. To ensure equitabl .
e provisio n of affordab le .
To ensure equitabl e .services.
.provisio n of affordab le services.
To create a robust applicati ons .
environ ment for theTo create a robust .
applicati ons environ ment for theend .
Why the Electroni c Govern ment .
exist? Why the Electroni c Govern .
ment exist? Governme nt is working on .
individual departme ntal projectsG overnmen t is working .
on individual departme ntal projectsra ther than creating a .
general framewor k to take it forward.ra ther than creating a .
general framewor k to take it forward. There is strong .
belief in electronic governme nt.There is strong belief in electronic .
governme nt. To control bloggers and prevent .
from spreading To control bloggers and prevent from .
spreading disharmon y. chaos. seditious material and lies on .
websites. disharmon y. chaos. seditious material and lies .
on websites. Registerin g bloggers help prevent .
controver sy in theRegist ering bloggers help prevent .
controver sy in thegovern ment and help promote harmony .
g overnmen t and help promote harmony .in the country.
What the Electroni .in the country.
c Govern ment is about? What .
the Electroni c Govern .
ment is about? Electronic governme nt is already in .
inElectroni c governme nt is .many departme nts.
infact. ahead of most of .already in many departme nts.
fact. ahead of most of .Europe are in electronic governanc e.
Europe are in electronic governanc e. .
El .Electronic Governme nt needs to be more central steering.
.ectronic Governme nt needs to be more central steering.
³The governme nt isn¶t against it. but it certainly .
but it certainly isn¶tcham .isn¶t³The governme nt isn¶t against it.
´ Ecommerc e will radically reshapech ampioning .pioning it.
it.´ Ecommerc e will radically reshapego vernment over the .
next five years. .gov ernment over the next five years.
ELECTR ONIC GOVERN MENT D .
ATABAS ES.ELEC TRONIC GOVERN MENT D .
ATABAS ES. America n Govern .
ment Curricul um based referenc .
e Americ an Govern ment Curricul .
um based referenc edataba se for .
governm ent that includes daily UPIdatab .
ase for governm ent that includes daily .
annotat ed bibliogra .UPIstorie s.
.phies. interacti ve topicstor ies.
interacti .annotat ed bibliogra phies.
and political .ve topicexp loration.
commen tary from Roberte xploratio .
and political commen tary from .n.
No vak and .RobertN ovak and Bill Press.
Facts of File Collectio .Bill Press.
F acts of .n of databas es on history.
File Collectio n of databas es on .
g eograph y. science.history. and .
health. .In cludes career andgeog raphy.
and health.In cludes career .science.
andcurri culum resource s as well as .
personal andcurri culum resource s as well .
bu .as personal andbusi ness forms.
siness forms. .
First Search Collectio n of fifteen .
databas es includin gFirst Search .
Collectio n of fifteen databas es .
WilsonS .includin gWorldC at. Medline.
electPlu s that provide WorldCa t. .
Medline. WilsonS electPlu s that provideb .
oth citations and fullboth citations .
WorldCa t is the largestt .and full-text.
WorldCa t is the largest internati .ext.
onal databas e featurin g more .
than 54 millionin ternatio nal databas .
e featurin g more than 54 millionit .
000 plus OCLC .ems from the 50.
000 .member libraries. items from the 50.
Edgar D .plus OCLC member libraries.
atabase D atabase of searcha ble SEC .
filingsEd gar D atabase D .
atabase of searcha ble SEC filingssu .
ch as annual and quarterl y .
reports. Search bysuch as annual .
Search .and quarterl y reports.
.bycomp any name. SIC code.
Obtain mutual fundcom pany .etc.
etc. SIC code.name. Obtain .
mutual fundpros pectuse s. as well as .
pros pectuse s. as .archived informat ion.
well as archived informat ion. .
INFORM ATION TECHNO LOGY ACT .
IN FORMAT ION TECHNO LOGY .2000.
Relate to electroni .ACT 2000.
Relate .c form which filing effected.
to electroni c form which .
filing effected. Relate to manner .
and format which electroni cRelate .
to manner and format which .
electroni cissue.gran t or payment .is sue.
issued and method of payment .
of grant or payment issued and .
method of payment of fee. .fe e.
Relate to security Relate to .
electroni c .securityr ecords be filed.
electroni c .recordre cords be filed.
recorda nd secure digitalan d secure .
digital.p rocedur e for purpose of ..
creating procedu re for purpose of .
secure . and signatur e.creating secure.
Relate to other .. and signatur e.
standard s observe d by Controll .
er of Relate to other standard s .
observe d by Controll er of Certif .
ying Authoriti es Relate to fee to .
be paid toCertify ing Authoriti es .
Relate to fee to be paid toCertify ing .
Authorit y for issue of a Signatur .
eCertifyi ng Authorit y for issue of .
Certi ficate.a Signatur eCertific ate. .
Relate procedu re for investig ation .
of Relat e procedu re for .
investig ation of D igital D .
igitalPre siding Officer. .P residing Officer.
Relate to any other power of aRelate .
to any other power of amisbeh avior .
inc apacity. .or misbe havior or incap acity.
Relate to any other matter which .
isRelate to any other matter which .
iscivil court required civil court .
required to be prescrib ed.to be .
Relate to mainten .prescrib ed.
ance of databas eRelate to mainten .
or requir .ance of databas erequire d to be.
or may be Certifyin g .ed to be.
Authorit y.may be Certifyin g .
Relate to conditio .Authorit y.
ns andRela te to conditio ns .
andcont aining disclosur e recordco .
ntaining disclosur e recordof recogniz .
e any foreignof recogniz e any foreignr .
estrictio ns subject whichre striction .
s subject whichCo ntroller may.Con .
THE IN .
D UCE ACT.THE IN D .
UCE ACT. Support ed by Senate .
Judiciary Committ ee Chairma nSuppor .
ted by Senate Judiciary Committ ee .
Chairma nOrrin Hatch. . ROrrin Hatch.
R-Utah.Uta h. Make manufac .
turers of such software liable for Make .
manufac turers of such software liable .
for induc ing people to commit .
copyrigh t infringe ment.ind ucing .
people to commit copyrigh t .
Consum er complai .infringe ment.
ned that the bill's languag e is tooCons .
umer complai ned that the bill's languag .
e is toobroa d and could apply .
liability to legitimat e technolo .
gy.broad and could apply liability .
.to legitimat e technolo gy.
Represe nt sides to propose own .
compro mise inRepres ent sides to .
propose own compro mise incongre .
ssional session and are given tight .
congres sional session and are .deadline .
given tight deadline .accordi ng to .
accor ding to .conditio n of anonymi ty.
.conditio n of anonymi ty.
.Necessa ry after a federal appeals court.
manufac turer Ne cessary after a federal .
appeals court. manufac turer of fileof .
file-sharing software of liability .
committ ed bysharin g software .
of liability committ ed by custome .
custome rs was cleared. .rs was cleared.
CON CLU SIO .
NS« CON CLU .
SIO NS« .
Future Cyber Laws must recogniz .
es the peopleF uture Cyber Laws .
must recogniz es the peopled evelopm .
ent compon entdevel opment compon .
ent-crucial for a Kcrucial for a K-- .
TheEcon omy.Econom y. The .
existing Cyber Laws created the .
necessar y impact butexisti ng Cyber .
Laws created the necessar y impact .
butconst ant review is necessa ry. .
cons tant .Technol ogy innovati ons.
review is necessa ry. Technol ogy .
busi ness innovati ons. .innovati ons.
³criminal ´ innovati ons. andbusi .
ness innovati ons. ³criminal ´ .
An .innovati ons. andglob alization .
exclusiv e legislati ve process .
mayglob alization . An exclusiv e .
legislati ve process mayshor ten .
review cycle. Malaysia n Govern .
ment envision s toshorte n review .
Malaysia n Govern ment .cycle.
envision s toreinve nt governa .
nce activitie s through ereinven .
t governa nce activitie s .
through e-Govern mentGo vernmen .
t projects and applicati ons. .
.Several testproj ects and applicati ons.
Several test-beds are already inbeds .
are already in place to provide .
ICT which enabled solution s such .
as eplace to provide ICT .
which enabled solution s such as .
e-passport . e judicia ry.judici ary.e-.
and telepass port and tele-healthca .
Such e-applicati .re. Such ehealthc are.
ons inevitabl y come with legal .
impedim ents thatappli cations inevitabl .
y come with legal impedim ents .
thatwoul d slow down the reinventi .
on process unless they arewoul .
d slow down the reinventi on .
process unless they areprop erly .
address ed and solved.p roperly address .
ed and solved. .
REF ERE NCE .
S«R EFE REN .
CES « .
us/i nformati .foun taindale.il. lib.http://w ww.
on/data bases/g ohttp:// www.fou ntaindal .
e.il.u s/inform ation/da tabases/ .lib.
htmve rnment D .governm ent D B.
htm http://w ww.silic on.B.com/ manage .
ment/go vernme nt.htmht tp://ww w.silicon .
com/ma nageme nt/gover nment.h tm ..
http://w ww.asia nlaws.or g/consul tancy/se .
htmhttp: //www.org/con .a sianlaws .tting_up.
htm http://w ww.digit .sultancy /setting_ up.
aljournal .com/art icle/665 10/Mala ysian_G .
http://w ww.digit aljournal .com/art icle/665 .
10/Mala ysian_G overnme nt_Looki ng_to_Q .
uiet_Blo ggersov ernment _Looking _to_Quie .
t_Blogge rs http://w ww.or .asia nlaws.
g/cyberl aw/news letter/iss ues/cl_ h ttp://ww .
asianl aws.org/ cyberla w/newsl etter/iss .w.
ht m .htm nl_49.ues/cl_ n l_49.
com.jaga t.http://w ww.m y/Cyberl awseries .
com.my/ .jagat./consult ancy.hth ttp://ww w.
htm m .Cyberla wseries/ consulta ncy.
Malaysian Cyber Law. . Electronic Government Law.
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