DEFINITION OF CYBER LAW

Cyber law (also referred to as cyberlaw) is a term used to describe the legal issues related to use of communications technology, particularly "cyberspace", i.e. the Internet. It is less a distinct field of law in the way that property or contract are as it is an intersection of many legal fields, including intellectual property, privacy, freedom of expression, and jurisdiction. In essence, cyber law is an attempt to integrate the challenges presented by human activity on the Internet with legacy system of laws applicable to the physical world.

Net Neutrality

Another major area of interest is net neutrality, which affects the regulation of the infrastructure of the Internet. Though not obvious to most Internet users, every packet of data sent and received by every user on the Internet passes through routers and transmission infrastructure owned by a collection of private and public entities, including telecommunications companies, universities, and governments, suggesting that the Internet is not as independent as Barlow and others would like to believe This is turning into one of the most critical aspects of cyber law and has immediate jurisdictional implications, as laws in force in one jurisdiction have the potential to have dramatic effects in other jurisdictions when host servers or telecommunications companies are affected .

Jurisdiction and Sovereignty

Issues of jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. The Internet does not tend to make geographical and jurisdictional boundaries clear, but Internet users remain in physical jurisdictions and are subject to laws independent of their presence on the Internet. As such, a single transaction may involve the laws of at least three jurisdictions: 1) the laws of the state/nation in which the user resides, 2) the laws of the state/nation that apply where the server hosting the transaction is located, and 3) the laws of the state/nation which apply to the person or business with whom the transaction takes place. So a user in one of the United States conducting a transaction with another user in Britain through a server in Canada could theoretically be subject to the laws of all three countries as they relate to the transaction at hand. Jurisdiction is an aspect of state sovereignty and it refers to judicial, legislative and administrative competence. Although jurisdiction is an aspect of sovereignty, it is not coextensive with it. The laws of a nation may have extra-territorial impact extending the jurisdiction beyond the sovereign and territorial limits of that nation. This is particularly problematic as the medium of the Internet does not explicitly recognize sovereignty and territorial limitations. There is no uniform, international jurisdictional law of universal application, and such questions are generally a matter of conflict of laws. Another major problem of cyber law lies in whether to treat the Internet as if it were physical space (and thus subject to a given jurisdiction's laws) or to act as if the Internet is a world unto itself (and therefore free of such restraints). Those who favor

the latter view often feel that government should leave the Internet community to selfregulate. JohN Perry Barlow, for example, has addressed the governments of the world and stated, "Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract . This governance will arise according to the conditions of our world, not yours. In practical terms, a user of the Internet is subject to the laws of the state or nation within which he or she goes online. Thus, in the U.S., Jake Baker faced criminal charges for his econduct (see Free Speech), and numerous users of peer-to-peer file-sharing software were subject to civil lawsuits for copyright infringement. This system runs into conflicts, however, when these suits are international in nature. Simply put, legal conduct in one nation may be decidedly illegal in another. In fact, even different standards concerning the burden of proof in a civil case can cause jurisdictional problems. For example, an American celebrity, claiming to be insulted by an online American magazine, faces a difficult task of winning a lawsuit against that magazine for libel. But if the celebrity has ties, economic or otherwise, to England, her or she can sue for libel in the British court system, where the standard of libelous speech is far lower. Free Speech in Cyberspace

In comparison to traditional print-based media, the accessibility and relative anonymity of cyber space has torn down traditional barriers between an individual and his or her ability to publish. Any person with an internet connection has the potential to reach an audience of millions with little-to-no distribution costs. Yet this new form of highly-accessible authorship in cyber space raises questions and perhaps magnifies legal complexities relating to the freedom In many countries, speech through cyberspace has proven to be another means of communication which has been regulated by the government. The Open Net Initiative, [3], whose mission statement is "to investigate and challenge state filtration and surveillance practices" in order to "...generate a credible picture of these practices," has released numerous reports documenting the filtration of internetspeech in various countries. While China has thus far proven to be the most rigorous in its attempts to filter unwanted parts of the internet from its citizens [4], many other countries

Malaysia Cyber Law - Presentation Transcript

1. Malaysia Cyber Law By KiestinaBinti Abu Saffian (Lesson 14) 2. Definition of Malaysia cyber Law Cyber laws refer to any laws relating to protecting the Internet and other online communication technologies. 3. Needs for cyber law Integrity and security of information Security of Government Data Intellectual property rights Privacy and confidential of information Legal status of online transactions

4. Examples of Malaysia cyber law Digital Signature Act 1997 Telemedicine Act 1997 Communication and Multimedia Act 1998 Computer Crimes Act 1997 5. Other cyber laws being drafted Private Data Protection Bill Electronic Government Activities Bill Electronic Transaction Bill 6. Digital Signature Act 1997 Secures electronic communications especially on the internet. Digital Signature is an identity verification standard using encryption techniques to protect against e-mail forgery. The encrypted code consists of the users 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. By doing so, a more secure and safe electronic communication could be done. 7. Computer Crimes Act 1997 Protection against the misuses of computers and computer criminal activities are ensured by the Computer Crimes Act 1997. Such as unauthorized use of programs, illegal transmission of data or messages over computers and hacking and cracking of computer systems and networks are banned by this law, therefore to those who disobey this law can be charged on the court. By implementing the Computer Crimes Act 1997, computer users can now protect their rights to privacy and build trust in the computer system. On top of that, this act also enable the government to track the illegal activities, thus reducing the cyber crimes cases. 8. Telemedicine Act 1997 In Telemedicine Act 1997 stated that only qualified medical practitioners can use telemedicine and that their patient's rights and interests are protected. This act provides the future development and delivery of healthcare in Malaysia. In other word, it is used to ensure all activities done through telemedicine are safe and not risky. 9. Communication and Multimedia Act 1998 By the implementation of Communication and Telecommunication Act 1998 ensures that information is secure, the network is safe, reliable and the service is affordable all over Malaysia. In Malaysia, you can also use this act for any cases regarding your internet service provider and see whether they got accused of part of this law. This act also ensures high level of user's confidence in the information and communication technology industry.
10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21.

22. 23. 24. 25. 26. 27. 28. 29.

In relation to ICT security, cyber laws were enacted to: (a) regulate and protect the ICT industry from misuse and illegal activities or activities that assist in the commissioning of illegal activities. Above all, cyber laws seek to promote the development of local ICT-based industries; (b) describe in clear terms activities construed under the law as offences; (c) describe in detail penalties for transgression; and 30. (d) provide soft infrastructure to lend support to the MSC initiative.

31. 32. 33. 34. http://www.mampu.gov.my/pdf/MyMIS/chapter5.PDF 35.

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IMPA CT

OF ICT

ON SOCI

ETY:I MPA

CT OF

ICT ON

SOCI ETY:

Mala ysian Cyber

Law, Electr onic

Mala ysian Cyber

Law, Electr onicG

overn ment Law.

Gover nmen t Law.

Present ed by:Pres ented

by:Ferel lica Anne M.Ferel

lica Anne M.

IGITAL SIGNATUR E ACT 1997.

D

IGITAL SIGNATUR E ACT 1997.

Why the ACT exist?Why the ACT exist?

Transactions conducted via internet increasing.Tr ansactions conducted

via internet increasing. Identities and messages can

falsified.Iden tities and messages can falsified. Need purchaser

and seller identity for the integrity of Need purchaser and seller

identity for the integrity of messages. messages. Removing doubt and

possibility of fraud.Remov ing doubt and possibility of fraud.

What the ACT is about?Wh at the ACT is about?

Provides for regulation of public key infrastructur e.Provides for

regulation of public key infrastructur e. Make digital signature

legally valid and enforceable asMake digital signature

legally valid and enforceable astraditional signature.tra

ditional signature.

COPYRIGH T (AMEN
D

MENT) ACT

1997.COPY RIGHT (AMEN

D

MENT) ACT 1997. Why the ACT exist?Why

the ACT exist?

To protect expressions of thoughts

and ideas fromTo protect expressions of thoughts and ideas

fromunauth orized copying alteration.un authorized

copying alteration. Creative expressions is being captured.Cre

ative expressions is being captured.

What the AMEN

D

MENT ACT about?Wh

at the AMEN
D

MENT ACT about?

Clear protection accorded to multimedia works.Clear protection

accorded to multimedia works. Transmission s of copyright

works over the Internet clearlyTrans missions of copyright works over

the Internet clearlyamou nt to infringement .amount to

infringement . Technologic al methods of ensuring works and

authorship infoTechnolo gical methods of ensuring works and

authorship infoare not altered or removed is protected.ar e not altered

or removed is protected.

TELEME
D

ICINE ACT 1997.TELE ME

D

ICINE ACT 1997. Why the ACT exist?Why

the ACT exist?

Healthcare systems and providers

around the world areHealthcar e systems and providers

around the world arebecoming interconnect ed.becoming

interconnect ed. Unclear quality healthcare advice and

consultation fromUnclear quality healthcare advice and consultation

fromspeciali st because doesnt have truth value.special ist because

doesnt have truth value. To regulate practice of teleTo

regulate practice of tele-consultation in medical profession.c

onsultation in medical profession.

What the ACT is

about?Wh at the ACT is about?

The ACT provides

that any registered doctor may practiceThe ACT provides that any

registered doctor may practicetele medicine but other healthcare

providers must first obtaintelem edicine but other healthcare

providers must first obtaina license to do so.a license to do so.

Malaysian Cyber Law, Electronic Government Law.

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