"Cyberlaws"
by Tommy Thomas
Advocate & Solicitor
Synopsis
1. Introduction
- Overview
- Macro Approach
- Ideas & Concepts
2. Definition
3. Problem Stated
- How can the law keep abreast with the speed and scale of technological advances
4. The Constitutional Dimension
- Federal Constitution
- Freedom of expression
- Freedom of religion
- Rights to education
- Rights to property
- Equality
5. Legal Regime
- Statute Law
Proposed Statutes
- Multimedia Convergence Act
- Digital Signatures Cyberlaw
- Multimedia Intellectual Property Law
- Computer Crime Cyberlaw
- Telemedicine Development Cyberlaw
- Electronic Government Cyberlaw
- Structures
- Institutions
- Common Law
- Advantages of judge made law
- Equity
- Strengths of equity
- Maxims of equity
- Equality of equity
- He who seeks equity must do equity
- He who comes to equity must come with clean hands
- Equity looks on that as done which ought to be done
- Equity favours a purchaser for value without notice
- Equities rank in order of time
6. Criminal & Civil Proceedings
- Admissibility of technological evidence
- Evidence Act, 1950 Section 90A
- Weight of such evidence
7. Multimedia Super Corridor
- A state within a state?
- A forerunner for the rest of Malaysia
8. Bill of Guarantees
- Become a regional Leader in intellectual property protection and cyberlaws
- Ensure no internet censorship
- Freedom of Information Act?
- Reform/Repeal of Official Secrets Act, Sedition Act and Printing Presses and Publication Act
9. Experience of Other Countries
- Consultation
- Collaboration
- No rush into new legislation for the sake of legislation
- Learn from experience of others
10. Reservations
- "1984" and George Orwell's Big Brother
- Excess of information/To be distinguished from wisdom, prudence and knowledge
- Quality of judgement and discernment
- Opportunities for fraud and other dishonest conduct
11. Conclusion
- Hype of Reality
- New wine in old bottles