1. 2 the development and implementation of ict without the parallel development of protective laws...

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• The development and implementation of ICT without the parallel development of protective laws can result in destructive abuses that will curb the use of such implementation and ultimately place a limit on the benefits accrued

• Concerns and issueso Integrity and security of informationo Legal status of online transactionso Privacy and confidentiality of informationo Intellectual property rights and government data

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• The integrity of information entails its protection from unauthorised manipulation or modification to ensure its continued reliability

• The number of reported cases of computer-related abuses is in an increasing trend

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• The potential impact of such abuses go far beyond a mere breach of business confidentiality

• High-tech spying is becoming common and the severity of threats are increasing to the point of risking public health and safety

• With the increasing value of information, the need for a legal infrastructure to safeguard ICT assets is rapidly becoming mandatory

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• The basic commonality between these interactions in the virtual world and those in the physical realms is that they need to be legally recognised

• To address these requirements, new laws must be enacted and existing laws amended to support the unique requirements of online transactions

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• Potentially sensitive forms of information such as health records, employment records, tax information, criminal records, commercial transactions and even entertainment products are made conveniently available and yet must be protected if personal privacy is to be maintained

• Beyond the need to protect information in transit or in storage, increased accessibility also means that additional questions such as who has access to personal information and how it will be used are critical issues that must be resolved to the satisfaction of public if such electronic services are to be accepted broadly and deployed rapidly

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• The power of computer networks to provide fast, low-cost communication and distribution of information can be abused if un authorised copies of copyrighted works are circulated

• Some governments have asserted copyrights for their databases and have sought to charge for access and officials must determine who has rights to this information and how it should be made available

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• It is obvious that proper legislation must be put in place to facilitate, expedite and ensure the successful implementation of the MSC flagships

• Malaysian cyber lawso The Digital Signature Act 1997o Computer Crimes Act 1997o Telemedicine Act 1998o Communications and Multimedia Act 1998o The Communications and Multimedia Commission

of Malaysia Act 1998o The Copyright (Amended) Act 1997

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• New cyber bills under draftingo The Private Data Protection Billo The Electronic Government Activities Billo The Electronic Transaction Bill

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• Came into operation on 1 October 1998

• Referred to USA, UK, Germany and the United Nations Commission on International Trade Law (UNCITRAL) on digital signatureso Could not radically depart from what was being

done in the rest of the world in the interest of uniformity, international cooperation and international interoperability

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• A secure electronic communications especially on the internet

• An identity verification standard that uses 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

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• Why the Act existso Transactions via the Internet are increasingo As identities in the cyberspace can be falsified and

messages tampered witho There is a need for the purchasers and sellers to

ascertain each others’ identity and the integrity of the messages

o Thereby removing doubt and the possibility of fraud when conducting transactions online

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• What the Act is abouto Provides for the regulation of the public key

infrastructureo Make digital signature legally valid and

enforceable as traditional signature

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• Came into effect in March 1997

• The Act manifests the government’s recognition of the need to criminalise unregulated activities

• The increased dependence of computers mandates the creation of a statutory framework catering for the regulation and prosecution of such activities

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• Gives protections against the misuses of computers and computer criminal activities

• Users can protect their rights to privacy and build trust in the computer system

• The government can have control at a certain level over cyberspace to reduce cyber crime activities

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• Was passed by Parliament in March 1997

• The Telemedicine Act 1997 must be read together with the Medical Act 1971

• Why the Act exists: o Healthcare systems and providers around the

world are becoming interconnected. o Unclear quality healthcare advice and consultation

from specialist because doesn’t have truth value o To regulate practice of teleconsultations in

medical profession

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• Ensures that only qualified medical practitioners can practice telemedicine and that their patients’ rights and interests are protected

• Provides the future development and delivery of healthcare in Malaysia

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• Came into effect on 1 April 1999

• Why the Act exist: o Convergence of technologies is driving convergence of

telecommunication, broadcasting, computing and content

o Previously, each of these industries was regulated by several different pieces of legislation

o The old regulatory framework cannot cope with convergence and inhibits the growth of the new converged industry

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• What the Act is about? o A restructuring of converged ICT industryo Create and define a new system of licenses and

defines the roles and responsibilities of those providing communication and multimedia services

o Ensures that the information is secure, the network is reliable and the service is affordable all over Malaysia

o Ensures high level of user’s confidence in the information and communication technology industry

o Provide the existence of the Communication and Multimedia Commission

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• Policy objectives of Communication and Multimedia Act • To establishing Malaysia as a major global hub for

Communication and Multimedia 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

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• Came into force on 1 April 1999

• Why the Act existso Copyright serves to protect the expression of

thoughts and ideas from unauthorized copying and/or alteration

o With convergence of Information and Communication Technology (ICT), creative expression is now being captured and communicated in new forms (example: multimedia products, broadcast of movies over the Internet and cable TV). These new forms need protection

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• What the Amended Act is about:o The Copyright (Amendment) Act amends the

Copyright Act 1987 to extend copyright law to the new and converged multimedia environment

o There is now clear protection accorded to multimedia works

o The transmission of copyright works over the Internet now clearly amounts to infringement

o Technological methods of ensuring works (and authorship info) are not altered or removed is also protected

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• Private Data Protection Bill• Electronic Transaction Bill• Electronic Government Activities Bill

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• Regulate the collection, holding, processing or use of personal data by any person

• Provides protection to personal data and safeguards the privacy interests of individuals

• Scope covers any personal data relating directly to a living individual

• Applies to both automated and non-automated personal data files in the public and private sectors

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• To give legal recognition to electronic communications and facilitate electronic commerce

• Primary focus is on all forms of online commercial activity which are undertaken by companies, individuals or the Government

• Principles: o Achieving functional equivalence – as far possible,

paper based commerce and electronic commerce should be treated equally by the law

o The related principle of ensuring technology neutrality

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• Main Operative Provisions: o Legal recognition of electronic communications o Legal recognition of electronic signatures o Legal recognition of electronic documents as originals o Attribution of electronic communications o Record retention and management requirement o Formation, validity, time and place of contracting o Automated transactions and electronic agents o Correction of errors o Relationship of Members of a Digital Market o Applicable Law for Tortuous Liability

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• Electronic Government Activities Bill was proposed to enable functions or transactions between the various government agencies and the citizenry to be undertaken electronically, whilst ensuring a uniform legal standard for activities to be undertaken electronically.

• The Bill allows the Government to set down rules on the manner of electronic dealings from and to the public

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• Characteristics o An enabling Act - Supplement existing statutory

provisions o Consistent approach to public e-dealings. o Unique policy requirements of agencies can be

addressed. o Technology Neutral - Relevance of Act. o Flexibility - Applies only when agency “e-enables” the

statute. o Choice as to the mode of transaction by govt agencies

and the public.

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• Great effort has been taken by Malaysia to formulate and implement cyber laws to ensure success of the MSC and to encourage and motivate the use of ICT and multimedia in various fields

• However, there are challenges that need to be addressed seriously and carefully for the implementation of these laws

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• Fundamental changes in nature and application of IT and multimedia are having far-reaching implications on existing laws and the newly-enacted cyber lawso The be consistently and constantly monitored and

amended to ensure efficacy and applicability

• The Ministry of Energy, Communication and Multimedia is undertaking a review of all existing legislationo Aligning the provisions of the Acts to the

requirements of the ICT environment

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• Legislation and its enforcement should not be the primary weapon in combating cyber crimes and abuses

• Increase awareness among users of the various types and extents of cyber crimeso Educating on security measureso Publicising legal implications of ICT-related

activitieso Remove misconceptions

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• Borderless nature of offenders – vital for our law enforcers to foster close cooperation with international organisations

• Efforts need to be intensified to ensure that enforcements officers are able to deal with cyber crimes as routinely as commercial crimes