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Bangsar South City Knowledge Clinics - Online Security & Data Protection on 30 June 2011
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Legal Issues in the Online Environment
Adlin Abdul Majid30 June 2011
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Legal FrameworkAddress Convergence of Technologies
Promote Innovation & Content Creation
Facilitate e-Commerce & e-Transactions
Copyright Act 1987 (1997 + 2003 Amendments)Optical Discs Act 2000
Digital Signature Act 1997Electronic Commerce Act 2006
Electronic Government Activities Act 2007Personal Data Protection Act 2010
Tackle Harmful & Disruptive Activities
Computer Crimes Act 1997
Communications & Multimedia Act 1998Malaysian Communications & Multimedia Commission Act 1998
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Address Convergence of Technologies
Repeals telecommunication & broadcasting laws
Addresses convergence of technologies
Main policy objective: Malaysia as global hub for communications & multimedia information content services
Malaysian Communication & Multimedia Commission (MCMC) as regulator
Communications & Multimedia Act 1998
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Address Convergence of Technologies
1. National interest prevails2. Transparency3. Less regulation4. Technology neutrality
National Policy Objective:To establish Malaysia as a major global centre for communications & multimedia information & content services
Social RegulationContent developers must have incentives
to invest & innovate in applications & services that promote Malaysian culture,
identity & values
Technical RegulationNetworks & services must be inter-operable, safe, secure, reliable &
guarantee the integrity of services delivered
Consumer RegulationConsumers have the right to high quality
services that are reliable, easily accessible & affordable from the service provider
of their choice
Economic RegulationIndustry players must have incentives to
invest, innovate & interconnect for benefit of end-users. They must also have incentives to encourage export
of service
CMA: Regulatory Principles
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Promote Innovation & Content CreationCopyright Act 1987:
Literary work, musical work, artistic work, film, sound recording, broadcast
Copyright (Amendment) Act 1997:
New categories of infringements:
Unauthorised transmission of copyrighted works over the internet
Circumvention of effective technological measures aimed at restricting access to works
Removal / alteration of electronic rights management information without authority
Distribution of works where electronic rights management information has been removed / altered without permission
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Promote Innovation & Content Creation
Copyright (Amendment) Act 2003:
Amendments intended to deter piracy by:
Increasing fines & terms of imprisonment for offences relating to the manufacture, possession, sale & distribution of infringing copies
Allowing police & authorities to arrest without warrant
Optical Discs Act 2000:
Regulates manufacture of optical discs through licensing
Allows enforcement agents access for regular inspection
Efforts to Curb Piracy
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MSC Malaysia Bill of Guarantee No 7: To ensure no censorship of the internet
S 3(3) CMA: Nothing in this Act shall be construed as permitting the censorship of the internet
S 263(2) CMA: A licensee shall, upon written request by the Commission or any other authority, assist the Commission or other authority as far as reasonably necessary in preventing the commission or attempted commission of an offence under any written law of Malaysia or otherwise in enforcing the laws of Malaysia, including, but not limited to, the protection of the public revenue and preservation of national security
Promote Innovation & Content Creation
Internet Censorship
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Authenticate & ensures integrity of e-documents All Certification Authorities need to obtain license from MCMC
Licensed CA issues certificate to a subscriber upon satisfaction of certain conditions
Express legal recognition of electronic transactions
To facilitate the electronic delivery of government services to public
Facilitate e-Commerce & e-Transactions
Digital Signature Act 1997
Electronic Commerce Act 2006
Electronic Government Activities Act 2007
Personal Data Protection Act 2010
Hacking
Spamming
Others
Tackle Harmful & Disruptive Activities
Computer Crimes Act 2007
Communications & Multimedia Act 1998
Penal Code
DoS
Phishing
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Conclusion
Laws
AwarenessEnforcement
Thank You
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