Internet & Cyber Space

Question 1

Definition of Internet.

Answer 1

-“net of network”
-a global computer network providing a variety of information and communication facilities, consisting of interconnected networks using standardized communication protocols

Question 2

Definition of Cyberspace.

Answer 2

-space of digitized form, where all its activities, data and contents are transmitted and actualized through a ‘networked communication’ technology
-virtual computer world
-ex: youtube, google

Question 3

What is computer?

Answer 3

-electronic, magnetic, optical, electrochemical, or other data processing device
-but does not include an automated typewriter or typesetter, or a portable hand held calculator or other similar device which is non-programmable or which does not contain any data storage facility

Question 4

What is Computer Network?

Answer 4

-Section 2, Computer Crimes Act 1997
-interconnection of communication lines and circuits
-complex consisting of two or more interconnected computers

Question 5

Admissibility of Computer-Generated Documents

Answer 5

i) Section 64 of the Evidence Act 1950
-Documents must be proved by primary evidence unless the exceptions apply

ii) Section 90A
-Exception-governs the admissibility of computer-generated documents

iii) Section 63
-Document produced by a computer is primary evidence

Question 6

Case refer to Admissibility of Computer-Generated Documents.

Answer 6

Wing Fah Enterprise Sdn Bhd v Matsushita Electronic Components (M) Sdn Bhd

The plaintiff’s computers keeping details of accounts, for instance, would be covered by this provision. However, information downloaded from the Internet in no way formed the ordinary use for the plaintiff’s computers.

Question 7

Secondary Evidence?

Answer 7

Section 63(b) of the Evidence Act 1950
-Scan or a photocopy of a computer-generated document
-Inadmissible until the non-production of the original is first accounted for.