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Legal  Issues In  Online  Environment  June 2011
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Legal Issues In Online Environment June 2011

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Bangsar South City Knowledge Clinics - Online Security and Data Protection on 30 June 2011

Bangsar South City Knowledge Clinics - Online Security and Data Protection on 30 June 2011

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  • 1. Legal Issues in the Online Environment
    Adlin Abdul Majid
    30 June 2011
    1
  • 2. 2
    Legal Framework
    Address Convergence of Technologies
    Communications & Multimedia Act 1998
    Malaysian Communications & Multimedia Commission Act 1998
    Promote Innovation & Content Creation
    Copyright Act 1987 (1997 + 2003 Amendments)
    Optical Discs Act 2000
    Facilitate e-Commerce & e-Transactions
    Digital Signature Act 1997
    Electronic Commerce Act 2006
    Electronic Government Activities Act 2007
    Personal Data Protection Act 2010
    Tackle Harmful & Disruptive Activities
    Computer Crimes Act 1997
  • 3. 3
    Address Convergence of Technologies
    Communications & Multimedia Act 1998
    • Repeals telecommunication & broadcasting laws
    • 4. Addresses convergence of technologies
    • 5. Main policy objective: Malaysia as global hub for communications & multimedia information content services
    • 6. Malaysian Communication & Multimedia Commission (MCMC) as regulator
  • 4
    Address Convergence of Technologies
    CMA: Regulatory Principles
    National Policy Objective:
    To establish Malaysia as a major global centre for communications & multimedia information & content services
    1. National interest prevails
    2. Transparency
    3. Less regulation
    4. Technology neutrality
    Social Regulation
    Content developers must have incentives
    to invest & innovate in applications &
    services that promote Malaysian culture,
    identity & values
    Consumer Regulation
    Consumers have the right to high quality
    services that are reliable, easily accessible
    & affordable from the service provider
    of their choice
    Technical Regulation
    Networks & services must be inter-
    operable, safe, secure, reliable &
    guarantee the integrity of services
    delivered
    Economic Regulation
    Industry players must have incentives to
    invest, innovate & interconnect for
    benefit of end-users. They must also
    have incentives to encourage export
    of service
  • 7. 5
    Promote Innovation & Content Creation
    Copyright Act 1987:
    • Literary work, musical work, artistic work, film, sound recording, broadcast
    Copyright (Amendment) Act 1997:
    • New categories of infringements:
    • 8. Unauthorised transmission of copyrighted works over the internet
    • 9. Circumvention of effective technological measures aimed at restricting access to works
    • 10. Removal / alteration of electronic rights management information without authority
    • 11. Distribution of works where electronic rights management information has been removed / altered without permission
  • 6
    Promote Innovation & Content Creation
    Efforts to Curb Piracy
    Copyright (Amendment) Act 2003:
    • Amendments intended to deter piracy by:
    • 12. Increasing fines & terms of imprisonment for offences relating to the manufacture, possession, sale & distribution of infringing copies
    • 13. Allowing police & authorities to arrest without warrant
    Optical Discs Act 2000:
    • Regulates manufacture of optical discs through licensing
    • 14. Allows enforcement agents access for regular inspection
  • 7
    Promote Innovation & Content Creation
    Internet Censorship
    • MSC Malaysia Bill of Guarantee No 7: To ensure no censorship of the internet
    • 15. S 3(3) CMA: Nothing in this Act shall be construed as permitting the censorship of the internet
    • 16. 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
    • Authenticate & ensures integrity of e-documents
    • 17. All Certification Authorities need to obtain license from MCMC
    • 18. Licensed CA issues certificate to a subscriber upon satisfaction of certain conditions
    • 19. Express legal recognition of electronic transactions
    • 20. To facilitate the electronic delivery of government services to public
    8
    Facilitate e-Commerce & e-Transactions
    Digital Signature Act 1997
    Electronic Commerce Act 2006
    Electronic Government Activities Act 2007
    Personal Data Protection Act 2010
  • 21. Tackle Harmful & Disruptive Activities
    Others
    Hacking
    Spamming
    Phishing
    DoS
    9
  • 22. 10
    Conclusion
  • 23. Thank You
    11