I am happy to announce that the 2nd edition of my book “Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law (2nd Edition)” is now available for purchase.
Inspiration of this book
As I have mentioned previously, this book was inspired by the case of PP v Loh Guo Shi [2016] 1 SMC 190. My learned friend, Lim Chi Chau and I represented the accused when he was charged under s. 5 of the Computer Crimes Act 1997. He was accused of deleting his employer’s database.
When the case came to us, there was no reported case under Computer Crimes Act 1997 nor any local textbooks that could help us in defending his case. All I had was the book Electronic Evidence by Stephen Mason. This book was recommended by Justice Tan Sri Dato’ Mohamad Ariff Yusof (as then he was) when I had a trial before him.
Fortunately, when I read the documents provided by the prosecution, I saw flaws in the prosecution’s case. One of them was the issue of Internet Protocol (IP) address. I looked at the year of the alleged offence and I realised that the accused was using a Telekom streamyx account. In that year, a streamyx account can be accessed anywhere so long a person has the login and password. During the trial, we got the witness from Telekom Malaysia Berhad to agree with us. There was no evidence that the accused had log on to his account during the time of offence. Further, by reading the log files provided by the prosecution, we discovered that there was a break in the chain of evidence.
The learned Magistrate, Puan Aminahtul Mardiah, acquitted the accused without calling his defence. The High Court had also dismissed the prosecutor’s appeal. The details of this case are also reported in this book.
I would like to believe that we freed an innocent man by using knowledge beyond the law. By writing this book, I hope to help those who face the same or similar predicament as us.
Overview
As technology evolves rapidly and digitalisation becomes integral to both organisations and the daily lives of an individual, the challenges posed by these advancements need to be addressed by developments in the law. Consequently, we have witnessed a rise in cases related to cyber law and information technology, along with an increasing volume of digital evidence presented in court.
In this second edition of Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law, the author continues to present a leading account of the law on the fast-changing realm of technology by thoroughly updating the content to align with the latest legal developments. All the major chapters have been expertly updated to provide valuable commentary on issues impacted in the digital sense.
Notable updates include:
- Inclusion of two new chapters, i.e. privacy and data protection, and software.
- Defamation section has been updated and expanded to cover anonymous publishers and cases on tracing anonymous publishers, and the use of interim injunction to restrain defamatory activity.
- The Digital Assets section has been revised to include non-fungible tokens and additional cases related to cryptocurrencies.
- The Remote Technology Communication section has been updated to address Order 33A of the Rules of Court 2012, and includes a discussion of the recent case Karen Yap Chew Ling v Binary Group Services Bhd.
- The discussion on substituted service via electronic communication has been updated, along with the section on actions against unknown persons, which now includes information on self-identification orders. Additionally, the analysis of the use of social media publications in family disputes has been revised.
- Chapter on Cybercrime has been updated to include offences for online streaming, stalking and statements conducting to public mischief. Sections for fake news and sexual grooming have been updated with the latest cases.
- Updated discussion on admissibility of electronic evidence.
With its carefully crafted commentary and insightful analysis, this practical publication continues to serve as an invaluable resource for litigators dealing with electronic evidence, information technology, and cyber law
Table of Contents
- Civil Matters
- Cybercrime
- Admissibility of Computer-Generated Documents
- Presumption of Fact in Publication
- Instant Messages, Social Media Postings & Other Electronic Evidence
- Electronic Evidence in Industrial Relation Disputes
- Electronic Evidence in Family Disputes
- Discovery and Action against Persons Unknown
- “.MY” Domain Names
- Legal Practice and Technology
- Digital Economy
- Electronic Commercial Transactions
- Electronic and Digital Signatures
- Digital Assets
- E-Commerce
- Privacy & Data Protection
- Software
You may purchase the book at Sweet & Maxwell’s website or any selected book stores.
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