Social Media Policy and Regulation: A Network Governance Perspective

By: Sonny Zulhuda

The above is the name of the event in Tsinghua University, Beijing, on December 3-4, 2016, where I came as a speaker to the audience consisted of law, media and Internet governance academia and practitioners. Both Beijing-based School of Journalism and Communication of Tsinghua University and the School of Communication of Hong Kong Baptist University (HKBU) jointly organised this event.

The invitation came to me through Dr. Yik Chan Chin of the HKBU, who is with me at the Global Internet Governance Academic Network (GigaNet). Upon few exchanges of emails, I was then invited to come and present my views on the social media regulations in the Malaysian perspective. I must say that the event was really a rewarding experience; filled with substantial discussions, new perspectives and, of course, new friends and network!

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This can be highlighted from the list of the speakers of the two-day workshop: Continue reading

Readings on SOSMA 2012 and the Electronic Monitoring Devices

By: Sonny Zulhuda

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Electronic tagging is a form of surveillance which uses an electronic device (a tag) fitted to the person. It is commonly used as a form of electronically monitored punishment for people who have been sentenced to electronic monitoring by a court, or required to wear a tag upon release from prison. The use of electronic monitoring devices in Malaysia has been first introduced by the  Security Offences (Special Measures) Act 2012 (SOSMA) (Act 747). This article sourced few online reading materials relating to the use of electronic monitoring devices vis a vis the SOSMA. Therefore the similar concerns under the new amendment to the Criminal Procedure Code (CPC) 2012 are beyond the ambit of this survey.

In December 2015, Bernama reported that more than 200 people detained under the Prevention of Crime Act (POCA) have been strapped with an electronic monitoring device (EMD), quoting the Federal CID director, Datuk Seri Mohmad Salleh as saying. Salleh added that this effort was taken to monitor the movements of those people (apparently upon release – added), as well as to test the effectiveness of the device. Based on the similar report by Datuk Nur Jazlan Mohamed, the Home Deputy Minister, those who were detained under POCA include mainly those involved in gangsterism, violent crimes, property crimes as well as drug-related crimes. The report can be read here.

A similar provision on the use of EMD is also found in the Security Offences (Special Measures) Act 2012 (SOSMA). In section 7(1), the SOSMA provides for special procedures relating to the electronic monitoring device. It prescribes that, upon application by the Public Prosecutor under section 4 (which provides for the arrest and detention of a person believed to be involved in security offences), the Court shall order the person to be attached with an electronic monitoring device for a period as the Court may determine but which shall not exceed the remainder of the period of detention allowed under subsection 4(5) for purposes of investigation. Section 4(5) of SOSMA grants the maximum of extension to 28 days after the initial 24 hours of detention for the purpose of investigation.

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The Problems of Identity Theft in Malaysia in the Light of the Personal Data Protection (PDP) Act 2010: A Hope Rejuvenated?

By: Sonny Zulhuda

Nope, this is not (yet) a ready paper. It’s an ongoing research that I am now conducting, funded by an internal research grant. It takes as the background the revolutionary growth of the information and communications technology and its use in the storing, processing and disseminating personal information.

We all know that such phenomenon (ICT+data processing) has unveiled one huge challenge in the form of identity theft. Described as unlawful acquisitions of personal data that belongs to others, identity theft incidents are reported in Malaysian media on regular basis. The lost, stolen or compromised personal data has not become an incident of its own. Rather, it provides “ammunitions” for further action such as credit cards forgery or impersonated bank accounts that are used as a platform for further crimes.

Recently local newspapers had flooded us with news on these, such as these:

“RM4mil (Rp11.2bil) stolen within first three months”

Malaysians have lost RM4mil through phishing (identity fraud) within the first three months of the year alone. There were 457 cases recorded in the first quarter of the year, exceeding the 353 reported for the whole of last year where the victims lost a total of RM1.2mil. In 2009, only 75 cases were reported with total losses of around RM215,000. Federal Commercial Crime Investigations Department director Commissioner Datuk Syed Ismail Syed Azizan said the number of cases reported this year had reached a record high with authorities and the banking industry being almost powerless to curb it. (Click here for the report)

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Multi-layered & Multi-role Approach to Address Cyber-crime

By: Sonny Zulhuda

One week at the end of the month of October, information security practitioners, auditors, managers and academia gathered in Kuala Lumpur Convention Center (KLCC) for a series of seminars, conferences and showcase on cyber-security. This annual event, held between 25-29 OCtober 2010 was named “The Cyber Security Malaysia Awards, Conference and Exhibition (CSM-ACE 2010)”, was mainly organised by Cyber Security Malaysia, a agency under the Ministry of Science, Technology and Innovation, Malaysia.

I was privileged to have been invited as co-speaker together with my colleague Prof. Dr. Ida Madieha from AIKOL in one of their Satellite Forum entitled “The Digital Forensics Forum (for Academicians and Researchers)” on Thursday, 28 October 2010.

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Penal Code for Cyber Crime

By: Sonny Zulhuda

Cyber Crime is any crime that involves computer or computer system either as a target or as a medium. With this definition, one could should not be mistaken into thinking that cyber crime only takes place when a computer genius manages to interfere with a networked computer system, bypassing complicated security, encryption or any access-controlling mechanism.

Cyber crime includes those ‘conventional crimes’ in which the criminal has found a new way to launch their wrong-doing. by way of computer network or otherwise being facilitated by information technologies.

The legal role of addressing and curbing cyber crime can therefore be attributed to the conventional law of crime. In Malaysia, the main statute is the Penal Code.

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