Legal Issues in the Online Environment

Adlin Abdul Majid30 June 2011

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Legal FrameworkAddress Convergence of Technologies

Promote Innovation & Content Creation

Facilitate e-Commerce & e-Transactions

Copyright Act 1987 (1997 + 2003 Amendments)Optical Discs Act 2000

Digital Signature Act 1997Electronic Commerce Act 2006

Electronic Government Activities Act 2007Personal Data Protection Act 2010

Tackle Harmful & Disruptive Activities

Computer Crimes Act 1997

Communications & Multimedia Act 1998Malaysian Communications & Multimedia Commission Act 1998

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Address Convergence of Technologies

Repeals telecommunication & broadcasting laws

Addresses convergence of technologies

Main policy objective: Malaysia as global hub for communications & multimedia information content services

Malaysian Communication & Multimedia Commission (MCMC) as regulator

Communications & Multimedia Act 1998

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Address Convergence of Technologies

1. National interest prevails2. Transparency3. Less regulation4. Technology neutrality

National Policy Objective:To establish Malaysia as a major global centre for communications & multimedia information & content services

Social RegulationContent developers must have incentives

to invest & innovate in applications & services that promote Malaysian culture,

identity & values

Technical RegulationNetworks & services must be inter-operable, safe, secure, reliable &

guarantee the integrity of services delivered

Consumer RegulationConsumers have the right to high quality

services that are reliable, easily accessible & affordable from the service provider

of their choice

Economic RegulationIndustry players must have incentives to

invest, innovate & interconnect for benefit of end-users. They must also have incentives to encourage export

of service

CMA: Regulatory Principles

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Promote Innovation & Content CreationCopyright Act 1987:

Literary work, musical work, artistic work, film, sound recording, broadcast

Copyright (Amendment) Act 1997:

New categories of infringements:

Unauthorised transmission of copyrighted works over the internet

Circumvention of effective technological measures aimed at restricting access to works

Removal / alteration of electronic rights management information without authority

Distribution of works where electronic rights management information has been removed / altered without permission

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Promote Innovation & Content Creation

Copyright (Amendment) Act 2003:

Amendments intended to deter piracy by:

Increasing fines & terms of imprisonment for offences relating to the manufacture, possession, sale & distribution of infringing copies

Allowing police & authorities to arrest without warrant

Optical Discs Act 2000:

Regulates manufacture of optical discs through licensing

Allows enforcement agents access for regular inspection

Efforts to Curb Piracy

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MSC Malaysia Bill of Guarantee No 7: To ensure no censorship of the internet

S 3(3) CMA: Nothing in this Act shall be construed as permitting the censorship of the internet

S 263(2) CMA: A licensee shall, upon written request by the Commission or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security

Promote Innovation & Content Creation

Internet Censorship

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Authenticate & ensures integrity of e-documents All Certification Authorities need to obtain license from MCMC

Licensed CA issues certificate to a subscriber upon satisfaction of certain conditions

Express legal recognition of electronic transactions

To facilitate the electronic delivery of government services to public

Facilitate e-Commerce & e-Transactions

Digital Signature Act 1997

Electronic Commerce Act 2006

Electronic Government Activities Act 2007

Personal Data Protection Act 2010

Hacking

Spamming

Others

Tackle Harmful & Disruptive Activities

Computer Crimes Act 2007

Communications & Multimedia Act 1998

Penal Code

DoS

Phishing

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Conclusion

Laws

AwarenessEnforcement

Thank You

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