CYBER LAW

Cyber law is a law that governing computer and the Internet. It is consist of the use of cyber space and the law that covers such. Cyber space is when a certain communication, transaction or what not being made through internet or online. The law are rules and regulations implemented in any part of our everyday routine, be it purchasing items, signing contracts, or doing any transactions of business. Having law in our life is important to protect us from such crime or fraud made by other parties.

An example of case within the cyber space could be, fraudulent, defamation, copyright and what not. Below is one scenario given to show how such law is needed (Olivia Tan, Cyber Law Notes)

In the case of you purchasing online using your credit card on a software that would then be downloaded to your computer and along with it contains a virus which not only completely destroy your database but attacks all the computers of those people who are in your address book. This would go under the contract law and the computer crime

With that you demand a refund from the seller, unfortunately to find out they are based far from your jurisdictions. This would go under the Jurisdictions

Being angry at the seller, you then send emails to all your contacts and all the subscribers by telling them that the seller is a crook and a fraud, which cause losses to the company. this goes under the defamation

In taking revenge on the seller, you hack in to his account and transfers his money to your bank account. this goes under the cyber crime and fraud

Dissatisfied, you then create a website that has almost similar to the sellers' websites which would bring customers to your webpage and viewing your disparaging remarks about the actual seller. This goes under the domain name conflict

All the above would come under the cyber law, as all of it are crimes made through the usage of electronic items and within the cyber space.

DEFAMATION

Defamation means any untrue remarks that is exposing individual to public condemnation, contempt , hatred or ridicule and would bring to damaging one's reputation. Defamation would occur if such accusations made in public or around more than two person. Defamation made could be with the intention of joking around within friends, but if it affect the person, be it reputation wise or what not, the person have the right to sue under the Defamation Act 1957.

An example of a case;
http://www.mole.my/content/malaysian-pay-rm100000-over-facebook-defamation

MALAYSIAN TO PAY RM100, 000 OVER FACEBOOK DEFAMATION
October 1, 2011

KUALA LUMPUR - A Malaysian court has ordered a man to pay 100, 000 ringgit ($31, 000) for defamation a mechanics' training center on Facebook, his lawyer said Saturday

The high court in the Northern state of Penang said Leong Yook Kong defamed the centre, where his son had studied, through three posts on the social networking site last year, Leong's lawyer K. Paramanathan said.

Leong, a 64-year-old retiree, posted the comments implying the centre was guilty of fraud and corrupt practices after his son failed an examination for a diploma in vehicle maintenance and repair

Leong now has to pay a total of 100, 00 ringgit in damages and costs, Paramanathan said. He is also not allowed to publish further defamatory statements

Paramanathan said it was his first Facebook defamation case but he could not say whether other such suits had succeeded in Malaysian courts

Malaysians are avid users of social networks and micro-blogging sites.
Earlier this year, a Malaysian social activist agreed to post an apology to a company on Twitter 100 times after it threatened legal action over his allegations it had badly treated a pregnant friend of his who worked for it.

In this case, Mr Leong is guilty of slandering the centre, as defamation is stated to occur when the party is being slander and hence affect their reputation bbe it on the name or on the business profitability. Any issues should be brought up properly, not by such public slandering through social media, because it would eventually back fires, this shows such law or act is important to be amended.

CYBER-BULLYING

Chicago Tribune News

September 26th, 2011; Dawn Turner Trice

dtrice@tribune.com

Tiffany Witkowski, 17, is a rarity in her school — maybe in the universe — because she doesn't have a Facebook account.

A senior at Von Steuben Metropolitan Science High School in Chicago, Witkowski quit Facebook after growing tired of classmates posting comments on her wall such as, "You're a suck-up," and, "You think you're better than everybody else."

The overwhelming majority of the students polled said they had dealt with such consequences as fights, broken relationships and emotional or psychological distress.

Witkowski said first-person accounts weren't hard to find. The video includes stories about a girl who was called "fat" and a "whore" on her Facebook page, a young man who was berated on social media after he defended a friend and a principal who learned her student was a gang member by the incendiary comments she read on his Facebook page after he was killed.

There was also an account by a young woman who won several scholarships to college and then wrote about her excitement on her Facebook page. One of her "friends," pretending to be the young woman, created a fake email account and sent messages to the scholarship boards rejecting the money. The young woman had to contact the agencies to tell them she was the victim of identity theft.

The video project began last year as part of a broader study the Mikva students undertook called "Bringing Chicago Public High Schools into the 21st Century."

In addition to suggesting that a video on cyberbullying be made, the students offered five other recommendations in their 53-page report, including that CPS provide a way for students to take courses from other schools via videoconferencing and that teachers be required to participate in workshops on integrating technology into the classroom.

Witkowski said the goal is to understand how to use technology and social media in ways that are positive, fun and constructive. (She and her peers used Facebook to help conduct research.)

She said that when she first screened the video in May for her fellow students at Von Steuben, many didn't care about what they posted on social media sites. But, she said, that has changed.

She would like students across the city and beyond to see the video.

"There are still kids who don't know that this is a big deal," she said. "I have a younger brother, and I'm constantly telling him not to add anybody on Facebook he doesn't know or put anything up there that he doesn't want people to see. It lasts forever and it can either hurt you or come back to haunt you."

Own Opinion;

Cyber-Bullying is harassment made through electronic technologies. Electronic technologies here includes devices such as cell phones, computers and as well as any communication tools that sends and receive message through cyber space.

Cyber-bullying is different than the face to face bullied, as it runs 24/7 and it is hard to remove and delete such harassment, be it harsh calling names, or such inappropriate video. Hence would definitely damage the bullied.
Cyber tips (CyberSAFE Youths, Retrieve from;http://www.cybersafe.my/cyberyouths-tips-cyberbullying.html)

Tips for parents:
- it is important to have an open and honest discussion between child and the parent on this issue. Children should be informed of steps to take if they are cyber bullied just like in real life.
- if your child is being cyber bullied, listen to them and take necessary action
- Make sure that your child feels that they are protected.
- if your child has been cyber bullied at school, inform the school or their teacher.

Tips for Kids:
- if you receive messages that make you feel uncomfortable or feel threatened via the internet or your mobile phone, inform your parents or school teachers
- ignore any kind of bad statements or remarks which are not serious. But if you feel that you are in danger or threatened, report to your parents.
- Save all the information or messages related to Cyberbullying so it can be used a proof to prosecute the bully.

VIRTUAL PORNOGRAPHY

Ashcroft v. Free Speech Coalition

This case is the act of fighting for the freedom of speech by a group of adult-entertainment trade association as stated in the United states First Amendment. The first amendment stated that the Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

With the expanded on the federal prohibition on child pornography by The Child Pornography Prevention Act of 1996 (CPPA) to include not only pornography images made using actual children, but also "any visual depiction, including any phototgraph, film, video, picture, or computer or computer-generated image or picture" that "is, or appears to be, of a minor engaging in sexually explicit conduct." and any sexually explicit image that is “advertised, promoted, presented, described, or distributed in such a manner that conveys the impression” it depicts “a minor engaging in sexually explicit conduct.” Hence, a range of sexually explicit images, sometimes called “virtual child pornography,” that appear to depict minors but were produced by means other than using real children, such as through the use of youthful-looking adults or computer-imaging technology is ban by the CPPA. The law is aimed at preventing the production or distribution of pornographic material pandered as child pornography.

Personal Opinion:

The case interprets that, artistic drawings could influence such act of child pornography. for example, any drawings of a child without their clothes on would eventually be share across the cyberspace. The worries of such art is when this drawing would be use in a wrongly manner, especially by a pedophile, even though no actual child is used for such drawing. The question is, would stopping such artistic action would eventually stop such child pornographic?

In my point of view, such drawing would not stop entirely on child pornography, yet, it is apart of the sources of such activities. To stop artist from doing what they do would disturb their income making. But then again, it is also depending on the country's culture, whether it is acceptable such drawing to be publish or out in the market. as in the case of Miller v. California, as long there are no obscenity in the art and it does not gives such sexually or offensive way addressed, there should not be any issue on banning such act, which in the context of United States. Different laws commence differently depending on the country, states or regions.