cyberlaw - wk 3

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    3

    REGULATORY FRAMEWORKS

    GOVERNING CYBERSPACE

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    REGULATORY INSTRUMENTS

    MSC Malaysia status is the recognition by

    the Malaysian Government through MDeC for

    companies that participate and undertake its

    ICT activities in MSC Malaysia. Under the MSC Bill of Guarantees, the

    government has committed to provide a

    comprehensive framework of cyber laws and

    intellectual property laws to facilitate and

    assist the development of the IT and

    multimedia.

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    The Digital Signature Act 1997

    Enforced on the 1stOctober 1998, this act isan enabling law that allows for thedevelopment of, among others, e-commerceby providing an avenue for secure andlegally recognized on-line transactionthrough the use of digital signatures. The Actprovides a framework for the licensing andregulation of Certification Authorities, and

    the recognition of digital signatures as ameans of authenticating and ensuring theintegrity of electronic documents

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    The Copyright (Amendment) Act 1997

    The amendment Act, which amended TheCopyright Act 1987, came into force on the1st April 1999. Amongst other things, theAmendment Act makes unauthorizedtransmission of copyright works over theinternet an infringement of copyright tocircumvent any affective technologicalmeasures aimed at ensuring adequate

    protection of intellectual property rights forcompanies investing in IT and multimediaenvironment.

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    The Computer Crimes Act 1997

    The Act penalizes various activities relating

    to the misuse of the computers. Amongst

    other things, it deals with unauthorized

    access to computer material, unauthorizedaccess with intent to commit other offences

    and unauthorized modification of computer

    contents. It also makes provisions to

    facilitate investigations for the enforcementof the Act. The Computer Crimes Act 1997

    was brought into effect on the 1st June 2000.

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    The Telemedicine Act 1997

    The Act provides a framework enabling

    licensed medical practitioners to

    provide telemedical services using

    audio, visual and data communications.

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    The Communications and Multimedia

    Act 1998

    The Act which came into effect on the 1st

    April 1999, provides a regulatory framework

    to cater convergence of the communications,

    broadcasting and computing industries,which the objective of, amongst other things,

    making Malaysia a major global hub for

    communications and multimedia information

    and content services. The Act repealed theTelecommunications Act 1950 and the

    Broadcasting Act 1988.

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    Other relevant law

    In 2000, the Optical Discs Act was enactedand came into force in September to dealwith the problem of illegal copies ofcopyright works in the form of optical discs

    such as DVD, VCD, CDs etc. the law providesfor the regulation of the manufacturer ofoptical disc and the licensing of optical discmanufacturers. It represents one of thelegislative initiatives taken to combat the

    problem of piracy of copyright works and inthe process to strengthen the protection ofintellectual rights in Malaysia.

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    REGULATORY AUTHORITIES

    Bank Negara National Multipurpose Cards,

    e-business.

    Ministry of Education Smart schools /

    Research & Development (R&D) cluster. Ministry of Health Telemedicine / telehealth.

    Ministry of Science, Technology &

    Environment

    R&D cluster. Ministry of International Trade & Industry

    technopreneur development, e-commerce.

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    Multimedia Development Corporation

    (MDC) as the agency to spearhead the

    development and implementation of theMSC.

    facilitate the establishment of anycompany operations within the MSC, theMDC serves as the facilitator.

    actively assists government to pioneer,

    develop and update cyber laws, formulatepolicies and modify practices to provide asound framework for the MSC.