1. This Act may be cited as the Copyright (Amendment) Act 1997 and shall come into force on such date as the Minister may, by notification in the Gazette, appoint.
2. The Copyright Act 1987, which in this Act is referred to as the "principal Act", is amended in section 3-
- (a) in the definition of "author" by substituting for paragraph (f) the following paragraph:
- "(f) in relation to broadcasts transmitted from within any country, means-
- (i) the person transmitting the programme, if he has responsibility for the selection of its contents; or (ii) any person providing the programme who makes with the person transmitting it the arrangements necessary for its transmission;";
- ` "broadcast" means a transmission, by wire or wireless means, of visual images, sounds or other information which-
- (a) is capable of being lawfully received by members of the public; or (b) is transmitted for presentation to members of the public,
- ` "communication to the public" means the transmission of a work through wire or wireless means to the public, including the making available of a work to the public in such a way that members of the public may access the work from a place and at a ti me individually chosen by them;';
- (i) in paragraph (g) by substituting for the words "expressed in words, figures, or symbols (whether or not in a visible form)" the words "whether or not expressed in words, figures or symbols and whether or not in a visible form"; and (ii) in paragraph (h) by deleting the words "or compilations of computer programs".
- "(2A) Copyright protection shall not extend to any idea, procedure, method of operation or mathematical concept as such.".
- (a) in subsection (1)-
- (i) by substituting for the words "or a sound recording" the words "a sound recording or a derivative work"; (ii) by inserting after paragraph (a) the following paragraph:
- "(aa) the communication to the public;";
- "(e) the distribution of copies to the public by sale or other transfer of ownership; and"; and
- "(f) the commercial rental to the public,"; and
- (i) by inserting after paragraph (ggg) the following paragraph:
- "(gggg) the making of copies of television broadcasts which are subtitled or otherwise modified for people who are deaf or hard of hearing, or physically or mentally handicapped in other ways and the issuing of such copies to the public by non-profit making bodies or institutions which the Minister may, by order, prescribe;";
- "(p) the commercial rental of computer programs, where the program is not the essential object of the rental.".
6. Section 17 of the principal Act is amended-
- (a) in the marginal note by deleting the words "(other than photographs)"; and (b) in subsections (1), (2) and (3) by deleting the words "(other than a photograph)".
8. Section 25 of the principal Act is amended-
- (a) in subsection (2)-
- (i) in paragraph (a) by inserting after the word "whatsoever," the words "without identifying the author or"; and (ii) in paragraph (b) by substituting for the words "the presentation of the work by any means whatsoever, in a modified form if the modification-" the words "the distortion, mutilation or other modification of the work if the distortion, mutilation o r modification-" ; and
- (i) by substituting for the words ", broadcast or communicate by cable" the words "or communicate to the public"; and (ii) by substituting for the words ", broadcast or communication by cable" the words "or communication to the public".
- "(3) Copyright is infringed by any person who circumvents or causes any other person to circumvent any effective technological measures that are used by authors in connection with the exercise of their rights under this Act and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law. (4) Copyright is infringed by any person who knowingly performs any of the following acts knowing or having reasonable grounds to know that it will induce, enable, facilitate or conceal an infringement of any right under this Act:
- (a) the removal or alteration of any electronic rights management information without authority; (b) the distribution, importation for distribution or communication to the public, without authority, of works or copies of works knowing that electronic rights management information has been removed or altered without authority.
- (a) in paragraph (f) by deleting the word "or" at the end of the paragraph; (b) by substituting for the comma at the end of paragraph (g) a semicolon and inserting thereafter the following paragraphs:
- "(h) circumvents or causes the circumvention of any effective technological measures referred to in subsection (3) of section 36; (i) removes or alters any electronic rights management information without authority; or (j) distributes, imports for distribution or communicates to the public, without authority, works or copies of works in respect of which electronic rights management information has been removed or altered without authority,";
- "(iii) in the case of an offence under paragraphs (h), (i) and (j), to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both and for any subsequent offence, to a fine not exce eding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.".
- (a) in paragraph (a) by substituting for the words "broadcast, communicate by cable" the words "communicate to the public"; and (b) in paragraph (b) by substituting for the words "broadcast or communicate them by cable" the words "communicate them to the public".
- 59B. (1) The Minister may, by order, exclude from the definition of "broadcast" in relation to a transmission by wire any of the following services:
- (a) an interactive service; (b) an internal business service; (c) an individual domestic service; (d) a service on single-occupier premises otherwise than by way of business amenity; (e) a service run for persons providing broadcasting services through means of wire or providing programmes for such services.
2. Technological development, especially information technology, has challenged traditional concepts of copyright protection. The proposed establishment of the Multimedia Super Corridor (MSC) will generate both challenges and opportunities for Malaysi a. The success of the MSC will, to a certain extent, be determined by the contents that move through it. These include educational works, entertainment products and information that are protected under the copyright law. For the MSC to realise its full potential, it is essential that adequate legal protection be made available to these works. The Act is proposed to be amended towards this end, taking into account recent international developments in respect of certain copyright works.
3. Clause 2 seeks to make various amendments to the interpretation section of the Act. The terms "fixation" and "literary work" are amended and the term "communication to the public" is introduced so as to be in line with recent international developm ents. The term "broadcast" has been redefined to accommodate any future technological development. In relation to this, the definition of "author" in relation to a broadcast has also been amended to ensure that only a person having responsibility for th e selection of the content of the broadcast is recognized as the author. This will ensure that a person merely transmitting a broadcast will not be considered the author of the broadcast.
4. Clause 3 seeks to amend section 7 of the Act to exclude ideas, procedures, methods of operation or mathematical concepts from the realm of copyright.
5. Clause 4(a)(i) seeks to amend subsection 13(1) of the Act to provide for the nature of copyright in derivative works. With this amendment, the exclusive rights of the author of a derivative work are made clear. Clause 4(a)(ii) stipulates that an a uthor has the exclusive right to "communicate to the public" his work and by virtue of the definition, this includes making it available in a way that members of the public may access the work from a place and at a time individually chosen by them. Claus e 4(a)(iii) is an amendment consequential to the introduction of the exclusive right to communicate to the public. Clause 4(a)(iv) provides for an author's right over the sale or other transfer of ownership of his work whilst clause 4(a)(v) provides for his right over commercial rental of his work. Clause 4(b)(i) seeks to exclude from an author's right of control certain uses of television broadcasts by people who are physically or mentally handicapped. Clause 4(b)(iii) seeks to limit an author's exclus ive right over the commercial rental of computer programs.
6. Clause 5 seeks to amend subsection 15(2) of the Act as a consequence of the new exemption provided in respect of people who are physically or mentally handicapped.
7. Clause 6 seeks to include photographs within the ambit of section 17 which deals with the duration of copyright in literary, musical or artistic works. As a consequence to that, the existing section 21 on the duration of copyright in respect of photographs is deleted (clause 7).
8. Clause 8 seeks to amend subsection 25(2) of the Act to make it clear that an author has the right to be identified and has moral right against the mutilation and distortion of his works.
9. Clause 9 seeks to provide for copyright infringement through circumvention of effective technological measures and removal or alteration of electronic rights management information without authority.
10. Clause 10 seeks to provide for new offences.
11. Clause 12 empowers the Minister to exclude certain services from the scope of broadcast in relation to a transmission by wire.
12. Other amendments not specifically referred to are minor or consequential in nature.
A Bill intituled An Act to make provision for, and to regulate the use of, digital signatures and to provide for matters connected therewith.
ARRANGEMENT OF CLAUSES
PART I
PRELIMINARY
2. Interpretation.
CONTROLLER OF CERTIFICATION AUTHORITIES AND THE LICENSING OF CERTIFICATION AUTHORITIES
4. Certification authorities to be licensed.
5. Qualifications of certification authorities.
6. Functions of licensed certification authorities.
7. Application for licence.
8. Grant or refusal of licence.
9. Revocation of licence.
10. Appeal.
11. Surrender of licence.
12. Effect of revocation, surrender or expiry of licence.
13. Effect of lack of licence.
14. Return of licence.
15. Restricted licence.
16. Restriction on use of expression "certification authority".
17. Renewal of licence.
18. Lost licence.
19. Recognition of other licences.
20. Performance audit.
21. Exemption from performance audit.
REQUIREMENTS OF LICENSED CERTIFICATION AUTHORITIES
23. Requirement to display licence.
24. Requirement to submit information and particulars relating to business operations.
25. Notification of change of information.
26. Requirements as to advertisement.
DUTIES OF LICENSED CERTIFICATION AUTHORITIES AND SUBSCRIBERS
CHAPTER 1
General requirements for licensed certification authorities
28. Disclosures on inquiry.
29. Prerequisites to issuance of certificate to subscriber.
30. Publication of issued and accepted certificate.
31. Adoption of more rigorous requirements permitted.
32. Suspension or revocation of certificate for faulty issuance.
33. Suspension or revocation of certificate by order.
Warranties and obligations of licensed certification authorities
35. Continuing obligations to subscriber.
36. Representations upon issuance.
37. Representations upon publication.
Representations and duties upon acceptance of certificate
39. Representations by agent of subscriber.
40. Disclaimer or indemnity limited.
41. Indemnification of licensed certification authority by subscriber.
42. Certification of accuracy of information given.
Control of private key
44. Property in private key.
45. Licensed certification authority to be fiduciary if holding subscriber's private key.
Suspension of certificate
47. Suspension of certificate by Controller or court.
48. Notice of suspension.
49. Termination of suspension initiated by request.
50. Alternate contractual procedures.
51. Prohibition against false or unauthorised request for suspension of certificate.
52. Effect of suspension of certificate.
Revocation of certificate
54. Revocation on subscriber's demise.
55. Revocation of unreliable certificates.
56. Notice of revocation.
57. Effect of revocation request on subscriber.
58. Effect of notification on licensed certification authority.
Expiration of certificate
Recommended reliance limits and liability
61. Liability limits for licensed certification authorities.
EFFECT OF DIGITAL SIGNATURE
63. Unreliable digital signatures.
64. Digitally signed document deemed to be written document.
65. Digitally signed document deemed to be original document.
66. Authentication of digital signatures.
67. Presumptions in adjudicating disputes.
REPOSITORIES AND DATE/TIME STAMP SERVICES
69. Liability of repositories.
70. Recognition of date/time stamp services.
GENERAL
72. Obligation of secrecy.
73. False information.
74. Offences by body corporate.
75. Authorised officer.
76. Power to investigate.
77. Search by warrant.
78. Search and seizure without warrant.
79. Access to computerised data.
80. List of things seized.
81. Obstruction of authorised officer.
82. Additional powers.
83. General penalty.
84. Recovery of procedural costs.
85. No costs or damages arising from seizure to be recoverable.
86. Institution and conduct of prosecution.
87. Jurisdiction to try offences.
88. Protection of officers.
89. Power to exempt.
90. Limitation on disclaiming or limiting application of Act.
91. Regulations.
92. Savings and transitional.
EXPLANATORY STATEMENT
ARRANGEMENT OF CLAUSES
2. Interpretation.
3. Persons who may practise telemedicine.
4. Certificate to practise telemedicine.
5. Patient's consent.
6. Regulations.
EXPLANATORY STATEMENT & FINANCIAL IMPLICATIONS
1. Short title and commencement.
- (1) This Act may be cited as the Telemedicine Act 1997. (2) This Act shall come into force on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for different provisions of this Act.
- In this Act, unless the context otherwise requires"Council" means the Malaysian Medical Council established under section 3 of the Medical Act; "Director General" means the Director General of Health, Malaysia; "fully registered medical practitioner" means any person who is fully registered under section 14 of the Medical Act; "Medical Act" means the Medical Act 1971; "practising certificate" means a practising certificate issued under section 20 of the Medical Act; "provisionally registered" means provisionally registered under section 12 of the Medical Act; "registered medical assistant" means any person who is registered under the Medical Assistants (Registration) Act 1977; "registered midwife" means any person who is registered under the Midwives Act 1966; "registered nurse" means any person who is registered under the Nurses Act 1950; "telemedicine" means the practice of medicine using audio, visual and data communications.
- (1) No person other than-
- (a) a fully registered medical practitioner holding a valid practising certificate; or (b) a medical practitioner who is registered or licensed outside Malaysia and-
- (i) holds a certificate to practise telemedicine issued by the Council; and (ii) practises telemedicine from outside Malaysia through a fully registered medical practitioner holding a valid practising certificate,
- (a) is deemed suitable by the Director General to be so permitted; and (b) is under the supervision, direction and authority of the fully registered medical practitioner making the application.
- (1) An application for a certificate to practise telemedicine referred to in paragraph 3(1)(b) shall be made by a medical practitioner registered or licensed outside Malaysia through a fully registered medical practitioner to the Council in such manner or form and accompanied by such documents, particulars and fees as may be prescribed. (2) The Council may issue to the applicant a certificate to practise telemedicine for a period not exceeding three years subject to such terms and conditions as the Council may specify in such certificate. (3) The Council may at any time vary the terms and conditions of a certificate to practise telemedicine issued under subsection (2). (4) The Council may at any time cancel any certificate to practise telemedicine issued under subsection (2) if the person to whom the certificate is issued contravenes any term or condition specified in the certificate. (5) Any person who is aggrieved by the refusal of the Council to issue a certificate to practise telemedicine or by the cancellation of a certificate to practise telemedicine may appeal to the Minister whose decision shall be final.
- (1) Before a fully registered medical practitioner practises telemedicine in relation to a patient, the fully registered medical practitioner shall obtain the written consent of the patient. (2) The consent given by a patient under subsection (1) is not valid for the purpose of that subsection unless the fully registered medical practitioner has, before the consent is given, informed the patient-
- (a) that he is free to withdraw his consent at any time without affecting his right to future care or treatment; (b) of the potential risks, consequences and benefits of telemedicine; (c) that all existing confidentiality protection apply to any information about the patient obtained or disclosed in the course of the telemedicine interaction; (d) that any image or information communicated or used during or resulting from telemedicine interaction which can be identified as being that of or about the patient will not be disseminated to any researcher or any other person without the consent of the patient.
- (1) The Minister may make such regulations as appear to him to be necessary or expedient for carrying into effect the provisions of this Act. (2) Without prejudice to the generality of subsection (1), regulations may be made-
- (a) to prescribe the minimum standards in respect of any facility, computer, apparatus, appliance, equipment, instrument, material, article and substance which are to be used in the practice of telemedicine on any premises; (b) to provide for acceptable quality assurance and quality control in respect of telemedicine services; (c) to require persons practising telemedicine to maintain such books, records and reports as may be necessary for the proper enforcement and administration of this Act and to prescribe the manner in which such books, records and reports are to be kept and issued; (d) to require the furnishing of statistical information to the Director General; (e) to provide that the contravention of any provision of any regulation made under this Act shall constitute an offence and that persons convicted of such offence shall be liable to a fine or imprisonment or both but such fine shall not exceed five thousand ringgit and such imprisonment shall not exceed one year; (f) to prescribe the offences under this Act or the regulations made under this Act which may be compounded and the person by whom and the manner in which such offences may be compounded; (g) to prescribe any other matter which is required .or permitted by this Act to be prescribed.
- This Bill seeks to make provisions for the regulation and control of the practice of telemedicine and for matters connected therewith. 2. Clause 1 contains the short title and the commencement provisions. 3. Clause 2 seeks to define certain words and expressions used in this Bill. 4. Clause 3 seeks to regulate the practice of telemedicine by specifying the persons who may practise telemedicine. Apart from fully registered medical practitioners, a medical practitioner registered outside Malaysia may also practise telemedicine in Malaysia if he has been granted a certificate to practise telemedicine. This clause also seeks to empower the Director General to permit certain persons who work under the supervision, control and authority of a fully registered medical practitioner to practise telemedicine. Persons other than those specified commit an offence if they practise telemedicine. 5. Clause 4 sets out the procedure for obtaining a certificate to practise telemedicine. 6. Clause 5 seeks to require a person who practises telemedicine to obtain the consent of a patient before telemedicine is practised in relation to that patient. 7. Clause 6 contains the power of the Minister to make regulations.
Email Abuse
MyCERT considers E-mail Abuse as a serious offence. If you receive any of the following, please e-mail to 
. Please attach a copy of the e-mail also.
. Please attach a copy of the e-mail also.Here are some descriptions regarding email abuse activities:
Some guides when encountering email abuse:
Users and administrators are encouraged to protect themselves from email abuse. The following documents discuss some of the email security practices that can be applied:
- E-mail forgery/user impersonation
- Electronic commerce
- Payment Anonymity - untraceable, i.e. Digital Cash (a new 'net currency')
- Illegal transaction - funds transfer
- Intermediation Server vulnerabilities or loop-holes
- Electronic Banking
- ATM and credit card fraud
- Internal personnel fraudster
Malicious Software
Malicious software also known as malware is a computer program created with malicious intents. It performs some malicious tasks such as stealing your identity, key logging, disrupt system, damage data or may attack other computers. It may be installed unintentionally when users open unsolicited emails, visit pornography and warez sites or just simply attacked by unknown source while being online. Usually unpatched systems or systems with vulnerable applications will easily become target to malware.Malicious software includes
Interspersed among real virus notices are computer virus hoaxes. While these hoaxes do not infect systems, but they are time consuming and costly to handle. Read about Internet Hoax if you receive an unvalidated warning about viruses or trojans.
Please regularly check the below sites whenever you receive a virus alert.
If you suspect that your computer has been infected by malicious software, you may need to run a freeware tool called HijackThis and investigate its output. If you are unable to do so, you can email us at mycert [at] mycert.org.my with the attachment of the output. Another tool that could be used to remove malicious software is SUPERAntiSpyware.
Please read our brief guide on how to use these two software and how to obtain logs as below.
Network Abuse
MyCERT considers Network Abuse as a serious offence. If you directly involved, have received or have been attacked by any of the following, please e-mail to mycert@mycert.org.my.
Below are the Network Abuse that MyCERT consider as threat to the individual or organization:
Fraud
It is strictly where a computer system is instrumental to the crime, for example, it's processing capability is used to divert funds illicitly.
Types of fraud:
Where The Frauds Are
Guidelines
Home Users
Computers used by home users generally are not well protected compared to computers at corporate environment. Connection to the Internet either via modem or high-speed broadband connections will expose them to intruders. The intentions of attacks are mainly for gathering personal information and computer resources such as processing power, hard disk space or the Internet connection.
Below are some guides by MyCERT on how to protect your computers from attacks:
Operating System
Operating system is the most integral part of a computer that operates behind the scene to control the overall operation such as input/output, memory, processor and job scheduling. It has many programs that run as system processes. However, users can install other programs from simple screen savers to complex function such as file encryption.
However, these programs may have bugs that expose the system to exploits and attacks such as viruses, worms or system compromise.
Below are some procedures that owners or administrators can applied on operating systems:
- Guides On Fixing Sql Injections Vulnerabilities
- Remote File Inclusion (RFI) Vulnerabilities
- SQL Injection
- CERTs
- Operating System Security
- Macintosh
- Microsoft Windows
- Unix / Linux
- Security Checklists
- Web Security
Web Security
One of the most useful features of the Internet is the World Wide Web (WWW) which has contributed to the Internet's growth so much. It is built on open standards where almost all web browsers comply to it. It also easy to use and the information needed is just clicks away. Therefore, it becomes a popular and cost-effective medium of distributing information to millions of potential audiences.
However, there are many potential security issues appear. On the client side, users are vulnerable when using outdated browsers on top of unpatched and unprotected OS. On the server side, there are attacks on the server platform, web server and hosted applications.
This is a list of guides for some common security concerns for web applications at the development level:
Links to Security Resources
In order to assist the MyCERT constituency, MyCERT provides some links to the related documents below for ease of retrieval to help you reduce your network vulnerability. You are encouraged to be informed and updated on network security information.
This document is provided as is. Any information provided is provided best within the knowledge at the time it was written. MyCERT is not accountable to any damage done in respect to the information provided. This document may refer to other sources.
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