Malaysian Internet users are expected to reach four million
(Long, 2000), a healthy precursor to the adoption of e-commerce
transactions, which is encouraged by the incumbent government.
These transactions executed between business to business on the
one hand, and business to consumer on the other hand
(e-commerce) take place in cyber space, which is a virtual
region that defies geographical boundaries and national laws.
Inevitably, cyber laws must be enacted to regulate the
authenticity and security of business transactions in virtual
space. In addition, it must ensure that the rights and duties
of interacting parties in cyberspace are determined and capable
of enforcement.
The Malaysian Cyber Law Act 1997 (referred to as the said Act)
which includes the Digital Signature Act 1997 (DSA), Computer
Crimes Act 1997 (CCA) and the Telemedicine Act 1997 (TA) was
enacted to facilitate, regulate and spur the growth of
e-commerce in Malaysia. Laws, regulations and advocacy
agencies do encourage the growth of e-commerce
Deficiencies are inherent in the said Act. Shortcomings of the
DSA are as follows: certification authorities are not
responsible to ensure security and confidentiality of the
private key which is used for authentication and validation
purposes as responsibility lies with the private key holder
Internet usage by Malaysian legal practitioners in Malaysia is
not widespread despite its vast potential in expediting
communication and research efforts
Exposure to the Internet does not have a significant positive
influence on legal practitioners' knowledge of cyber laws. The
reason perhaps lies in the fact that legal practitioners do not
use the Internet extensively for purposes other than accessing
information. During interviews with a number of lawyers, it was
revealed that most lawyers do not even have an e-mail address.
IT-related experience does not have a significant positive
influence on legal practitioners' knowledge of cyber laws. It's
important to note that this variable is measured on two
dimensions: familiarity with cases pertaining to cyber laws and
ability to use the technology that would be governed by cyber
laws. The reason for the finding could be the fact that in
Malaysia legal practitioners are just coming to grips with the
advent of IT. To date, litigation pertaining to computer
technology or computer-related technology has yet to become a
staple diet of the Malaysian legal practitioner. In addition,
if legal practitioners already suffer from technological
phobia, their knowledge of the application of information
communication technology is very much doubted.
Influence of Knowledge of Cyber Laws as an Intervening Variable
between the Independent Variables and Adequacy of Cyber Laws
Knowledge of cyber laws does not have an intervening effect on
the relationship between the independent variables and adequacy
of cyber laws. This could be attributed to the fact that the
results also show that legal practitioners have a low level of
knowledge pertaining to cyber laws. Lack of such knowledge
rests in many factors: legal practitioners were not involved in
the formulation of cyber laws; they have not taken up cases
dealing with cyber laws; and the), are not comfortable with the
use of IT-related technologies. In the absence of knowledge of
cyber laws as an intervening factor, the results show that
IT-related experience has a significant positive bearing on
legal practitioners' perception of the adequacy of cyber laws.
Showing posts with label Cyberlaw. Show all posts
Showing posts with label Cyberlaw. Show all posts
Tuesday, October 27, 2009
What is Cyberlaw?
What is Cyberlaw ?
When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws.
Internet is believed to be full of anarchy and a system of law and regulation therein seems contradictory. However, cyberspace is being governed by a system of law and regulation called Cyberlaw. There is no one exhaustive definition of the term “Cyberlaw”. Simply speaking, Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyberlaw. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyberlaw.
What is the importance of Cyberlaw ?
Cyberlaw is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that Cyberlaws is a very technical field and that it does not have any bearing to most activities in Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.
Today, the awareness about Cyberlaw is beginning to grow. Many technical experts in the beginning felt that legal regulation of Internet is not necessary. But with the rapid growth of technologies and Internet, it is crystal clear that no activity on Internet can remain free from the influence of Cyberlaw. Publishing a Web page is an excellent way for any commercial business or entity to vastly increase its exposure to millions of persons, organisations and governments world-wide. It is that feature of the Internet which is causing much controversy in the legal community.
When Internet was developed, the founding fathers of Internet hardly had any inclination that Internet could transform itself into an all pervading revolution which could be misused for criminal activities and which required regulation. Today, there are many disturbing things happening in cyberspace. Due to the anonymous nature of the Internet, it is possible to engage into a variety of criminal activities with impunity and people with intelligence, have been grossly misusing this aspect of the Internet to perpetuate criminal activities in cyberspace. Hence the need for Cyberlaws.
Internet is believed to be full of anarchy and a system of law and regulation therein seems contradictory. However, cyberspace is being governed by a system of law and regulation called Cyberlaw. There is no one exhaustive definition of the term “Cyberlaw”. Simply speaking, Cyberlaw is a generic term which refers to all the legal and regulatory aspects of Internet and the World Wide Web. Anything concerned with or related to or emanating from any legal aspects or issues concerning any activity of netizens and others, in Cyberspace comes within the ambit of Cyberlaw. The growth of Electronic Commerce has propelled the need for vibrant and effective regulatory mechanisms which would further strengthen the legal infrastructure, so crucial to the success of Electronic Commerce. All these regulatory mechanisms and legal infrastructures come within the domain of Cyberlaw.
What is the importance of Cyberlaw ?
Cyberlaw is important because it touches almost all aspects of transactions and activities on and concerning the Internet, the World Wide Web and Cyberspace. Initially it may seem that Cyberlaws is a very technical field and that it does not have any bearing to most activities in Cyberspace. But the actual truth is that nothing could be further than the truth. Whether we realize it or not, every action and every reaction in Cyberspace has some legal and Cyber legal perspectives.
Today, the awareness about Cyberlaw is beginning to grow. Many technical experts in the beginning felt that legal regulation of Internet is not necessary. But with the rapid growth of technologies and Internet, it is crystal clear that no activity on Internet can remain free from the influence of Cyberlaw. Publishing a Web page is an excellent way for any commercial business or entity to vastly increase its exposure to millions of persons, organisations and governments world-wide. It is that feature of the Internet which is causing much controversy in the legal community.
Cyberlaw
Since the beginning of civilization, man has always been motivated by the need to make progress and better the existing technologies. This has led to tremendous development and progress which has been a launching pad for further development. Of all the significant advances made by mankind from the beginning till date, probably the important of them is the development of Internet. To put in a common man’s language, Internet is a global network of computers, all of them speaking the same language. In 1969, America's Department of Defense commissioned the construction of a Super network called ARPANET. The Advanced Research Projects Agency Network (ARPANET), basically intended as a military network of 40 computers connected by a web of links & lines. This network slowly grew and the Internet was born. By 1981, over 200 computers were connected from all around the world. Now the figure runs into millions.
The real power of today's Internet is that it is available to anyone with a computer and a telephone line. Internet places at an individual's hands the immense and invaluable power of information and communication.
Internet usage has significantly increased over the past few years. The number of data packets which flowed through the Internet have increased dramatically. According to International Data Corporation ("IDC"), approximately 163 million individuals or entities will use the Internet by the end of this year as opposed to 16.1 million in 1995. If left to its own measure, it is highly unlikely that such a trend can reverse itself. Given this present state of the Internet, the necessity of Cyberlaws becomes all the more important.
The real power of today's Internet is that it is available to anyone with a computer and a telephone line. Internet places at an individual's hands the immense and invaluable power of information and communication.
Internet usage has significantly increased over the past few years. The number of data packets which flowed through the Internet have increased dramatically. According to International Data Corporation ("IDC"), approximately 163 million individuals or entities will use the Internet by the end of this year as opposed to 16.1 million in 1995. If left to its own measure, it is highly unlikely that such a trend can reverse itself. Given this present state of the Internet, the necessity of Cyberlaws becomes all the more important.
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