1.1 What is Cyber Law

1.0 INTRODUCTION

1.1 WHAT IS CYBER LAW

Here, the definitions of cyber law in general from various sources that I managed to get.

According to Cyber Law or Internet Law Terminology- Bambi Faivre Walters, PC, cyber law means, the law that governs World Wide Web and inter-networked information technology. Cyber law covers many areas of law and regulation including intellectual property, freedom of expression such as free speech, privacy and jurisdiction as examples choice of law, conflicts of law and others.

Business Dictionary.com, defines cyber law as, rapidly evolving area of civil and criminal law as applicable to the use of computers, and activities performed and transactions conducted over internet and other networks.

The definition given by Webter’s New World Law Dictionary is, the area of law dealing with the use of computers and the Internet and the exchange of communications and information thereon, including related issues concerning such communications and information as the protection of intellectual property rights, freedom of speech, and public access to information.

There is no definite or exact definition for cyber law, but from several definitions given, we can conclude that, cyber law is the set regulation that deal with the matters related to the application in the computer, so called internet.

POSTED BY; NURUL HIDAYAT BINTI AB RAHMAN

1.1.1 Cyber Law in Malaysia

1. 1. 1 CYBER LAW IN MALAYSIA

The Malaysian Government has enacted several set of regulations to deal with the problems and crimes which related to networked information devices and also technologies. It is called as cyber laws. The government had taken an early step which is in 1997, by providing an inclusive framework of societal and commerce-enabling laws which cover aspects regarding security of information and network reliability. Various topics had been covered by the regulations passed, as examples, intellectual property, freedom of expression, jurisdiction, copyright, privacy and many mores. There are six cyber laws that have been passed, which are:-

1) Telemedicine Act 1997

It is an act to prewide for the regulation and control of the practices or the application of telemedicine in Malaysia and anything related to it.

2) Digital Signature Act 1997

This act was enforced in 1^st October 1998. It is an act legalizes the legal recognition and authentication of the creator of an electronic document. The target of this act is actually to promote the processing of transactions such as commercial transactions through digital signatures.

3) The Copyright (Ammendment) Act 1997

Copyright protection in our country is governed by the Copyright Act 1987. It provides a very sufficient protection for copyrightable works. The copyrightable works includes computer software. But then, as the world of Information technology developed, it has challenged the traditional concept of copyright protection. Because of that, the Amendment Act comes into force, which amended the Copyright Act 1987. This Act seeks to update the law on copyright. As a sum-up this particular act provides the copyright protection on-line.

4) Computer Crimes Act 1997

This act is enacted in order to impose penalties on fraudulent, dishonest acts and misuse of computer which can be considered as crime, either it is committed outside of the country. It deals with unauthorized access, unauthorized access to commit further offenses and unauthorized modification. There is also a provision to make possible investigations for the enforcement of the Act. The Act elaborates about the crimes and also provides the punishments. Usually the use of this act will be also referred to the traditional act, Penal Code.

5) Communications and Multimedia Act 1998

This is most important legislation which enforced on the 1st April 1999. The legislation concerned about the policy, regulatory framework for convergence of the telecommunications, broadcasting and computer industries.

6) Malaysian Communications and Multimedia Commission Act 1998

It is an Act to provide for the establishment of the Malaysian Communications and Multimedia Commission, with powers to supervise and regulate the communications and multimedia activities in Malaysia and to enforce the communications and multimedia laws of Malaysia, and for related matters. (accordance to the act itself)

POSTED BY; NURUL HIDAYAT BINTI AB RAHMAN