Legal Framework With Multimedia - Poster

The poster is one of our assignment which contribute 5% to our coursework marks. The title that I've decided to choose is Speech Law under Content Regulation. The image will give you a misunderstanding of silent, but actually my message is that before we want to say or express anything, please be silent first and think properly, because what we say might against the law.

Human rights

For more details, please click on http://www.safecom.org.au/freo-forum07.htm

Phishing

http://www.smh.com.au/news/web/aussies-still-ignorant-about-phishing/2007/10/04/1191091252153.html

Phishing is The act of sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The e-mail directs the user to visit a Website where they are asked to update personal information, such as passwords and credit card, social security, and bank account numbers, that the legitimate organization already has. The Web site, however, is bogus and set up only to steal the user’s information. To avoid getting hooked:

• Don't reply to email or pop-up messages that ask for personal or financial information, and don't click on links in the message. Don't cut and paste a link from the message into your Web browser — phishers can make links look like they go one place, but that actually send you to a different site.
• Some scammers send an email that appears to be from a legitimate business and ask you to call a phone number to update your account or access a "refund." Because they use Voice over Internet protocol technology, the area code you call does not reflect where the scammers really are. If you need to reach an organization you do business with, call the number on your financial statements or on the back of your credit card.
• Use anti-virus and anti-spyware software, as well as a firewall, and update them all regularly.
• Don't email personal or financial information.
• Review credit card and bank account statements as soon as you receive them to check for unauthorized charges.
• Be cautious about opening any attachment or downloading any files from emails you receive, regardless of who sent them.

Tutorial Excercise-Law on PDP and Cybercrime

Question :
a) Andrew is a computer science attached with Microhard Corporation in Cyberjaya as a practical trainee. One day he managed to crack the company's information system but did not do anything afterwards. The following day he also managed to intrude into Microhard Corporation's website system and then posted his picture on the front page of the website and left his mobile number below his picture, hoping that someone will call him and make friends. Subsequently his phone rang, but unfortunately it was his training manager who called and later warned him that actions will be taken. Upon investigations, it was also revealed that Andrew had previously leaked the company's system access code to his friend at University, to whom he also sent emails telling bad things about his manager. Advise Microhard Corporation on various potential liabilitites of Andrew from the above incident, with reference to various cybercrime laws applicable in Malaysia.

Answer :
Issue 1
Andrew cracked company's information system but did not do anything afterwards. Cracking a computer system can be defined as hacking a computer system or legally defined as accessing a computer system without authority. According to Computer Crimes Act, Section 3(1): A person shall be guilty of an offence if (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure is unauthorized; and (c) he knows at the time when he causes the computer to perform the function that that is the case. By virtue of this provision, the following acts are prohibited:
a. Unauthorized access to computer, computer system and computer network;
b. Recreational hacking;
c. Computer cracking to explore loopholes in the system;
d. System intrusion;
e. System and e-mail spoofing

The person guilty under this section is liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both. [taken from the article "Computer Crimes in Malaysia" by Sonny Zulhuda]

Issue 2
Andrew intrude company's website system and posted his picture and mobile number on the front page of the website. According to CCA Section 3(1):
By virtue of this provision, the following acts are prohibited:
a. Unauthorized access to computer, computer system and computer network;
b. System intrusion

Liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both. [ "Computer Crimes in Malaysia" by Sonny Zulhuda]

Computer Crimes Act, Section 5(1): A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer.

By virtue of this provision, the following acts are punishable offences:
a. Unauthorized alteration, amendment and modification of data;
b. System intrusion and sabotage;
c. Website defacing;
d. System and website destruction;
e. Spreading virus that will cause data alteration or system destruction

The offences under this section are punishable with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both. However, if the act is done with further intention of causing injury, it can be punished up to RM 150,000.00 fine or 10 years imprisonment or both. [ "Computer Crimes in Malaysia" by Sonny Zulhuda]

Issue 3
Andrew leaked company's system access code to his friend. According to Computer Crimes Act, Section 6(1): A person shall be guilty of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate.
This type of offence is punishable by a maximum RM 25,000.00 fine or a 3 years imprisonment or both. [ "Computer Crimes in Malaysia" by Sonny Zulhuda]

Issue 4 :
Andrew sent emails to his friend telling bad things about his manager. According to Communication and Multimedia Act, Section 211(1) stipulates that no content applications service provider, or other person using a content application service, shall provide content which is indecent, obscene, false, menacing, or offensive in character with intent to annoy, abuse, threaten or harass any person.

By virtue of this provision, among other things, the Internet application and service providers as well as end users are prohibited from providing and distributing offensive contents through the computer system. This includes prohibition of offensive emails and offensive web pages from being published. It also makes the following actions as offences:
a. Online harassment through email or websites or other Internet content;
b. Hatred and abusive content;
c. False rumor spreading;
d. Indecent and/or obscene materials;
e. Threat Email

The punishment for such an offence is a fine at maximum RM 50,000.00 or imprisonment of maximum one year or both. The provision also prescribes additional fines or jail term if the offence is continuing. [ "Computer Crimes in Malaysia" by Sonny Zulhuda]

Censorship

http://www.i-heart-god.com/free_family_clip_art.htm

Censorship is the suppression of speech or deletion of communicate materials which may be considered objectionable, harmful, sensitive or inconvenient to the government or media organizations as determined by a censor. Based on Encarta Encyclopedia, "Censorship is the supervision and control of the information and ideas circulated within the society. In modern times, censorship refers to the examination of media including books, periodicals, plays, motion pictures, television and radio programs for the purpose of altering or suppressing parts thought to the offensive. The offensive material may be considered immoral or obscene, heretical or blasphemous, seditious or treasonable, or injurious to the national security". What is your definition of "censorship" ?

Copyright Law

Copyright is a type of legal protection for people who express ideas in certain forms, for example writing, visual images, music and moving image. Usually the creator of a literary, dramatic, musical or artistic work is the first owner of the copyright in it, but there are several exceptions. One important exception is that copyrights in works made during the course of employment are owned by the employer and not the employee. Works are only protected by copyright law if they are 'original' works. A copyright work will be considered original if it is the product of the creator's own intellectual effort and has not been copied from another person's work. However an original work could be a compilation of other works, eg in an original anthology or selection, where the permission of the copyright owners of those individual works compiled would be needed. The Copyright Act also protects sound recordings, films (which include pre-recorded television programs and videos), radio and television broadcasts and published editions of works. These categories of copyright material are collectively referred to as 'subject-matter other than works'. Copyright does not protect ideas or information as such but only the original expression of ideas or information. Copyright differs fundamentally from patents, trade marks and designs in this way. Copyright, therefore, does not prevent the use of the same idea or information. If two people independently create similar works based on the same idea or information, and neither is a copy of the other work, there is no issue of copyright infringement.

Defamation Law

http://julianhopkins.net/index.php?/plugin/tag/law

Defamation law is an attempt to balance the private right to protect one's reputation with the public right to freedom of speech. It allows people to sue those who say or publish false comments.

Published defamation
Also known as libel. For example, an article in newspaper, blog, television or radio broadcasts. Pictures as well as words can be libellous.

Oral defamation
Also known as slander. For example, comments or stories told at a gathering of birthday party or meeting.