malaysian cyber law and electronic government law

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MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW By : Muhammad Raimi Bin Kamal 5 Science(2011) 940811-13-5153

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Page 1: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

By : Muhammad Raimi Bin Kamal

5 Science(2011)940811-13-5153

Page 2: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

Definition of Cyber Law

• Cyberlaw is a term that encapsulates the legal issues related to use of communicative, transactional, and distributive aspects of networked information devices and technologies....

Page 3: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

Content of Malaysian Cyber Law

• Digital Signature Act 1997• Copyright Act 1997• Telemedicine Act 1997• Computer Crimes Act 1997• Communication and Multimedia Act 1998

Page 4: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

DIGITAL SIGNATURE ACT 1997

• Why the Act exist: - Transactions conducted via internet increasing. - Identities and messages can be falsified - Need purchaser and seller identity for the integrity of

messages. - Removing doubt and possibility of fraud

• What the Act is about? - Provides for regulation of public key

infrastructure.Make digital signature legally valid and enforceable as traditional signature.

Page 5: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

COPYRIGHT ACT 1997• Why the Act exists: - To protect expressions of thoughts and ideas from

unauthorized copying / alteration. - Creative expression is being captured.

• What the Amended Act is about? - Accord clear protection to multimedia works. - Transmissions of copyright works over the Internet

clearly amount to infringement. - Technological methods of ensuring works and authorship

info which are not altered or removed is protected.

Page 6: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

TELEMEDICINE ACT 1997

• Why the Act exists: - Healthcare systems and providers around the world are

becoming interconnected. - Unclear quality healthcare advice and consultation from

specialist because doesn’t have truth value - To regulate practice of teleconsultations in medical

profession.

• What the Act is about? - Provides that any registered doctor may practice

“telemedicine” but other healthcare providers must first obtain a license to do so.

Page 7: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

COMPUTER CRIMES ACT 1997

• Why the Act exists:- As computing becomes more central to people’s life and

work, computers become both targets and tools of crime such phishing,computer theft and fraud.

- To ensure misuse of computers is an offense.

• What the Act is about?- To penalize the person who enter or attempt into

computers and computer system without authorization.- To penalize a person who damage the information in

computers or computer systems by planting viruses.

Page 8: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

COMMUNICATION AND MULTIMEDIA ACT 1998

Page 9: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

POLICY OBJECTIVE OF CMA

• To establishing Malaysia as a major global hub for C&M information and content services.

• To promote consumer confidence in service delivery.• To promote development of capabilities and skills

pertaining to industry.• To create a robust applications environment for the end

user.

Page 10: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

WHY THE ELECTRONIC GOVERNMENT EXIST

• Government is working on individual departmental projects rather than creating a general framework to take it forward

• There is strong belief in electronic government • To control bloggers and prevent from spreading

"disharmony, chaos, seditious material and lies" on websites

• Registering bloggers help prevent controversy in the government and help promote harmony in the country

Page 11: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

WHAT THE ELECTRONIC GOVERNMENT IS ALL ABOUT?• Government is working on individual departmental

projects rather than creating a general framework to take it forward

• There is strong belief in electronic government • To control bloggers and prevent from spreading

"disharmony, chaos, seditious material and lies" on websites

• Registering bloggers help prevent controversy in the government and help promote harmony in the country

Page 12: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

ELECTRONIC GOVERNMENT DATABASES• FirstSearch

Collection of fifteen databases including WorldCat, Medline, WilsonSelectPlus that provide both citations and full-text. WorldCat is the largest international database featuring more than 54 million items from the 50,000 plus OCLC member libraries.

• American Government Curriculum based reference database for government that includes daily UPI stories,

annotated bibliographies, interactive topic exploration, and political commentary from Robert Novak and Bill Press.

• Facts on File Collection of databases on history, geography, science, and health. Includes career

and curriculum resources as well as personal and business forms.

• Edgar Database Database of searchable SEC filings such as annual and quarterly reports. Search by

company name, SIC code, etc. Obtain mutual fund prospectuses, as well as archived information.

Page 13: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

INFORMATION TECHNOLOGY ACT 2000

Relate to electronic form which filing, issue, grant or payment effected Relate to manner and format which electronic records be filed, issued

and method of payment of fee Relate to security procedure for purpose of creating secure electronic

record and secure digital signature Relate to other standards observed by Controller of Certifying Authorities Relate to fee to be paid to Certifying Authority for issue of a Digital

Signature Certificate Relate procedure for investigation of misbehavior or incapacity of

Presiding Officer Relate to any other power of a civil court required to be prescribed Relate to any other matter which is required to be, or may be, prescribed. Relate to maintenance of database containing disclosure record of

Certifying Authority Relate to conditions and restrictions subject which Controller may

recognize any foreign

Page 14: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

THE INDUCE ACT• Supported by Senate Judiciary Committee Chairman Orrin Hatch, R-

Utah

• Make manufacturers of such software liable for inducing people to commit copyright infringement

• Consumer complained that the bill's language is too broad and could apply liability to legitimate technology

• Represent sides to propose own compromise in congressional session and are given tight deadline, according to condition of anonymity

• Necessary after a federal appeals court; manufacturer of file-sharing software of liability committed by customers was cleared

Page 15: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

CONCLUSION• Future Cyber Laws must recognizes the people development component-

crucial for a K-Economy.• The existing Cyber Laws created the necessary impact… but constant

review is necessary.• # Technology innovations # Business innovations # “Criminal” innovations # Globalization• An exclusive legislative process may shorten review cycle.

• Malaysian Government envisions to reinvent governance activities through e-Government projects and applications.

• Several test-beds are already in place to provide ICT which enabled solutions such as e-judiciary, e-passport tele-healthcare and etc.

• Such e-applications inevitably come with legal impediments that would slow down the reinvention process unless they are properly addressed and solved.

Page 16: MALAYSIAN CYBER LAW AND ELECTRONIC GOVERNMENT LAW

REFERENCES

• Teacher’s handoutsThe Malaysian Cyber Laws• Internet*www.fountaindale.lib.il.us/information/databases/

governmentDB.htm*www.silicon.com/management/government/

0,39024852,11002786,00.htm *http://www.asianlaws.org/consultancy/setting_up.htm*http://www.digitaljournal.com/article/66510/

Malaysian_Gov_t_Looking_to_Quiet_Bloggers*http://www.asianlaws.org/cyberlaw/newsletter/issues/

cl_nl_49.htm*www.jagat.com.my/Cyberlawseries/consultancy.htm