UYL 2612 CYBERLAW

TOPIC 1
BASIC CONCEPTS OF CYBERLAW

PREPARED BY HASHVINI REKHA PACHAPPAN & DR. MANIQUE COORAY

CYBERSPACE
WHAT IS CYBERSPACE?

• CYBERSPACE IS A 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.
 WHAT IS CYBER LAW?
• Cyber law is any law that applies to the internet and internet-related
technologies.
• Cyber law is 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.
• This includes both businesses and everyday citizens.
• Understanding cyber law is of the utmost importance to anyone who uses the
internet.
• Cyber Law has also been referred to as the "law of the internet."
LEGAL PROBLEMS OF COMPUTER
NETWORKS
(1)The
(2)The (3)The
problem of
problem of problem of
identity/
attribution authentication
anonymous
(4)The
problem of
(5)Jurisdiction
non-
repudiation
 ADVANTAGES OF CYBER LAW OR CYBER
SECURITY
Protection from Protection from Protection from Reduces Gives privacy to
viruses data theft hackers computers crashes users
• Cyber security • Data theft is a • Protects your • Reduce your • Provide more
offers protection major problem system and computer slow privacy to the
from all kinds of faced by network from down and users.
virus attacks, individual users. being hacked. freezing. • Allows you to
worms, malware • Cyber security • You can use the • Boost the store your data
attacks, Spyware prevent data following performance of and files
etc. theft. You can measures to get your system. anywhere.
• Which may protect your data rid of hackers: • Automatically • Without any fear
cause serious from theft. • Use tough recovers from of cyber attack.
threats to your • Proper disposal passwords, keep serious errors.
system or of sensitive data on changing your
network. etc. password at least
in every week,
by clearing your
browsing history,
try to avoid WI-
Fi, use anti-virus
protections etc.
WHAT IS THE IMPORTANCE OF CYBER LAW?
• 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, pornography,
freedom of expression etc.
• Since this is a new area altogether, it becomes inevitable to say that new laws are needed to
address with these new challenges faced by many countries including Malaysia
• It is inevitable to state that the Internet grew in a completely unplanned and unregulated
manner
• Because of this scenario, cyber law or the law of Internet came into being.
However, even with such laws or legislation in place, cyber crimes are still
being committed daily in different parts of the world
• All in all, there is a need to have sufficient comprehensive laws to deal with
the problems of cyber crimes/computer crimes.
• Hence, legislators need to understand the nature of the Internet and how it is
used in the online environment in order to come up with adequate laws
 DOMESTIC REGULATIONS

• Enforced on the 1st of Oct 1998 • The Act is intended to • Amended the Copyright
The Digital Signature Act 1997

The Copyright (Amendment) Act 1997

The Telemedicine Act 1997
provide a framework to Act 1987 came into force
• Allows for the development of, enable licensed medical on the 1st of April 1999
amongst others, e-commerce by practitioners to practice
providing an avenue for secure medicine using audio,
on-line transactions through the
use of digital signatures visual and data
communications
• The Act was enacted to provide
certain measure of security and • Under this Act, any locally
assurance to persons transacting registered medical
electronically practitioner may practice
telemedicine with the
• The Act provides a framework consent of the patient
for the licensing and regulation
of Certification Authorities, and
gives legal recognition to
digital signatures
 DOMESTIC REGULATIONS

• The Act was effective as of • The Act came into effect on • This act will give a
The Computer Crimes Act 1997

The Communications and

Multimedia Act 1998

Electronic Commerce Act 2006

1st of June 2000, created the 1st of April 1999 legal recognition of
several offences relating to electronic messages in
the misuse of computers • It provides a regulatory commercial transaction.
Among others, it deals with framework to cater for • It also provides how legal
unauthorised access to convergence of requirements can be fulfilled
computer material telecommunications, by using electronic messages.
broadcasting and computing • This acts also allow the use
industries, with the objective of electronic means and other
of, among others related matters to facilitate
commercial transactions.
• It is effective on 19th October
2006 (Multimedia
Development Corporation,
1996-2012).
 DOMESTIC REGULATIONS

• Malaysian • This act will be covering • Personal Data Protection

Payment Systems Act 2003

Personal Data Protection Act 2010

Electronic Government Activities
Act 2007

Government has both operators payments Act 2010 is an act to

enforced an act to do system and issuers of regulate the processing
designated payment of personal data in
facilitation of instruments (DPIs). commercial transactions.
electronic delivery • It also contains • However, this will not
on government servic provisions to allow be applicable to the
es to the public. Bank Negara Malaysia government both federal
• It come into force on (BNM) to effectively or states and data
1 January 2008 perform its roles. processed outside of
(Multimedia • On 1st November 2003 Malaysia.
Development has been enforced by the • This act said to be
Corporation, 1996- government (Bank enforced on 1st January
Negara Malaysia, 2013). 2013 but it has been
2012). extend to a different date
(Secure IT Solution,
2011).
 DOMESTIC REGULATIONS

• It is the pillar or the main statute in

cyber-terrorism)
Chapter on terrorism &

Cyber Court
Penal Code (including

Malaysia. This is because not all cyber
crimes can be enforced using all cyber
laws.
• Therefore, Penal Code will be used as a
backup to charge the criminal involved in
cyber crimes.
• Example of case are online fraud, online
gambling and online pornography.
• This will avoid the criminals from charged
not guilty (Zulhuda, 2010).
• 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.