cyber law note

Topics: Law, Common law, Copyright Pages: 9 (2027 words) Published: December 29, 2013
Cyber law
Question 1
a) Define cyber law

Cyber law is the area of law that deals with the Internet's relationship to technological and electronic elements, including computers, software, hardware and information systems (IS).Cyber law is also known as Cyber Law or Internet Law.

b) Discuss 4 regulatory framework governing cyber law in Malaysia

The copyright (Amendment) Act 1997

The amendment Act, which amended The Copyright Act 1987, came into force on the 1st April 1999. Amongst other things, the Amendment Act makes unauthorized transmission of copyright works over the internet an infringement of copyright.

The Computer Crimes Act 1997

The Act aims to provide for offenses relating to the misuse of computers. Amongst Other things, it deals with unauthorized access to computer material, unauthorized Access with intent to commit other offenses and unauthorized modification of Of computer contents. It also makes provisions to facilitate investigations for the Enforcement of the Act.

The Digital Signature Act 1997

The Digital Signature Act was enforced on the 1st October 1998. The Digital Signature Act 1997 aims at promoting the processing of transactions especially commercial transactions, electronically through the use of digital signatures.  

The Telemedicine Act 1997

The Act provides a framework enabling licensed medical practitioners to provide telemedical services using audio, visual and data communications.

c) State 5 differences between legislation and subsidiary legislation

Subsidiary legislation
Legislation are laws enacted by parliament (federal level) and State Assemblies (State level) The Interpretation Act 1967 defines Subsidiary Legislation as “any proclamation, rule regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.” Laws that are enacted by Parliament after 1946 but before Malaysia’s Independence in 1957 are called Acts Subsidiary legislation are laws made by person or bodies under powers conferred on them by Acts of parliament or State Assemblies. Parliament and the State Legislatures are not supreme. They have to enact laws subject to the provisions set out in the Federal and State Constitutions. Legislature lays down the basic and main laws, leaving the details to persons or bodies to whom they delegate their legislative powers. Such person or bodies include the Yang di-Pertuan Agong Minister and local authorities. The subject-matter for legislation is divided between the Federal and State Governments A SL is very flexible as compared to an Act of Parliament (AoP). For instance, if something needs to be changed in an Act of Parliament, it would have to pass an amending legislation. This is not the case for SLs as it is possible to rapidly change details of the SL from time to time so as to adapt to formerly unforeseen and unknown future problems Examples of legislation – Statutes or Acts of parliament, Ordinance and Enactments Examples of Subsidiary Legislation – Rules and Regulations, By-laws.

d) Written law and Unwritten law

Written law
Unwritten law
Refers to the law embodied in the Federal and State constitutions and in a code or a statute including subsidiary or delegated legislation Refers to the portion of Malaysian law which is not enacted by the legislative bodies and which is not found in the constitution, both Federal and States Consists of : The constitutions, Legislation, Subsidiary legislation Consists of: English Law, Judicial Decisions

The Constitution:
The supreme law of the country.
Lays down the powers of...
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