CHAPTER 1: BASIC CONCEPTS OF

CYBERLAW
CONTENTS
❖Definitions
❖Legal problems of computer
networks
❖Importance of cybersecurity/
cyberlaw
❖Domestic/international
regulations
❖Cyber court
DEFINITION
Cyberspace:

•Cyberspace is a global, borderless world we have created by

uniting all the massive networks by images, sounds, videos and so
many other things.
•Through these we travel to many parts of the world. You can
maneuver through it with just a keyboard and a mouse.
•It could be a safe or dangerous place.
DEFINITION
Cyberlaw:
•Law that applies to the internet and internet-related technologies.
•One of the newest areas of the legal system.
•This is because internet technology develops at such a rapid pace.
•Cyber law provides legal protections to people using the internet
which includes both businesses and everyday citizens.
•Cyber Law has also been referred to as the "law of the internet."
LEGAL PROBLEMS OF COMPUTER NETWORKS

(1)The problem (2)The problem (3)The problem

of identity/ of attribution of
anonymous authentication

(4)The problem
of non- (5)Jurisdiction
repudiation
IMPORTANCE OF CYBERSECURITY

Protection Protection Protection

from viruses from data from hackers
theft

Reduces Gives
computers security for
crashes users privacy
IMPORTANCE OF CYBERLAW
•It addresses the new issues created by the invention of the Internet
i.e. issue of copyright, jurisdiction & sovereignty , Internet
transaction like e-commerce, identity theft, online pornography etc.

•Since this is a new area altogether, it becomes inevitable to say

that new laws are needed to address with these new challenges as
the Internet grew in a completely unplanned and unregulated
manner.
DOMESTIC REGULATIONS

The Digital • Framework for the licensing and

Signature regulation of Certification Authorities,
Act 1997 and gives legal recognition to digital
signatures

The • Provide a framework to enable

Telemedicine licensed medical practitioners to
Act 1997 practice medicine using audio, visual
and data communications
DOMESTIC REGULATIONS

The Copyright
• To make unauthorised transmission of copyright works
(Amendment) over the Internet an infringement.
Act 1997

The Computer
• Created several offences relating to the misuse of
Crimes Act computers.
1997
DOMESTIC REGULATIONS

The
Communication • It provides a regulatory framework to cater
s and for convergence of telecommunications,
Multimedia Act broadcasting and computing industries
1998
Electronic • Give a legal recognition and requirements of
Commerce Act electronic messages in commercial transaction
2006
DOMESTIC REGULATIONS

Electronic • Malaysian Government has enforced an act

Government to do facilitation of electronic delivery
Activities Act on government services to the public
2007

• Covering both operators payments system

and issuers of designated payment
Payment instruments (DPIs)
Systems Act
2003 • It also contains provisions to allow Bank
Negara Malaysia (BNM) to effectively
perform its roles
DOMESTIC REGULATIONS

Personal Data
• Regulate the processing of personal data in
Protection Act commercial transactions
2010

Penal Code
(including
Chapter on • Not all cyber crimes can be enforced using all cyber
terrorism & laws
cyber-
terrorism)
INTERNATIONAL INITIATIVES
E-Asean Reference Framework For Electronic Commerce Legal
Infrastructure
•By ASEAN
•To conform to international standards such as UNICITRAL,
transparent, no discrimination with types of technologies and
medium, etc.

Budapest Convention on cybercrime?

CYBER COURT
•Malaysia has also been proposing for the setting up of the ASEAN
Cyber Court of Justice to handle the legal issues pertaining to e-
commerce, such as data protection and enforcement of contracts.

•The Cyber Court is envisaged to be located at the Multimedia

Super Corridor.

• Malaysia has also proposed for judicial officers and law

enforcement officers to attend training to better equip them to
deal with computer-related cases.