"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
      • Articles 3-13
    • 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
      • Section 90B

    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