Ani Munirah Mohamad

ICT adoption by the Malaysian high courts: Exploring the security risks involved

It is a truism that the information and communication technologies (ICT) have changed the way people engage in all aspects of their lives, including how the judiciary functions. The ICT applications adopted by the courts are varied including access to legal materials, high technology information and evidence display systems, electronic filing, foreign language translation, multimedia court records, information and evidence retrieval, audio conferencing, video conferencing and the publics access to court information via the worldwide web. Drawn from an ongoing research, this paper aims to highlight that the growing adoption of ICT by the courts in many jurisdictions in fact raises several issues of security risks. This paper begins by illustrating the concept of courtroom technology and the current technical applications available in the Malaysian courts. The examination of the emergence of non-legal risks closely connected to security and the legal risk raised by courtroom technology is mediated through the understanding of several basic security control requirements involving authentication, non-repudiation, confidentiality, data integrity and privacy encroachment. The paper contends that despite the common notion that law will always lag behind technology, the courts would need to understand these legal and non-legal security risks and manage them in the most efficient and effective manner if judicial business were to be continually advanced by the ICT.

Benefits and achievements of ICT adoption by the High Courts of Malaysia

This paper is drawn from an ongoing research which attempts to examine the socio-legal implications of the current adoption of information and communication technologies (ICT) on the delivery of the civil justice system of the High Courts of Malaysia. Among the objectives of this research paper is that it aims to critically examine the benefits and achievements of ICT adoption in the abovementioned courts. This research also aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions, and to propose best practices and code of conduct in eliciting improvements to the ICT adoption by the Malaysian courts. The research adopts a qualitative method, comprising of the collection of primary data (which involves field work adopting the case study design at the High Courts of West and East Malaysia) and secondary data (which involves library-based research). The primary data which have been generated is analysed by using the computer aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same. It is hoped that this research will contribute to the body of knowledge on ICT adoption by the courts of Malaysia.

Security Implications of ICT Adoption in the High Courts of Malaysia

Bearing in mind the double-edged nature of information and communication technology (ICT), it is admitted that at one end, ICT introduces great possibilities and benefits, at the other end, it inevitably leads to various uncertainties and insecurities. It is within this context that this paper aims to critically examine the security implications of ICT in the High Courts of Malaysia. In addition, this research aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions and to propose best practices and code of conduct in implementing ICT in the courts. Drawn from an ongoing research which attempts to examine the legal implications of the current adoption of ICT on the delivery of the civil justice system of the High Courts in Malaysia, the research adopts a qualitative method, comprising of the collection of primary data (which involves a field work adopting the case study design) and secondary data (which involves a library-based research). The primary data which have been generated is analysed by using the computer-aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same. The paper concludes that the adoption of ICT in these courts are imbued with numerous security implications, which in many ways would challenge the way the judicial business would be carried out and also the way in which justice would be delivered and served. II. R ESEARCH Q UESTION AND O BJECTIVES The research question of the study is: what security implications does the current adoption of ICT have on the delivery of the civil justice system of the High Courts in Malaysia? Consequently, there are two objectives to this research; the first is to critically examine the security implications of ICT in the civil justice system of the High Courts in Malaysia. Second, this research aims to propose recommendations for the amendment to the Rules of High Court 1980 and relevant Statutes, improvement to the practice directions, and to propose best practices and code of conduct in implementing ICT at the courts.

Socio-legal implications of courtroom technology

This paper is drawn from an ongoing research which attempts to examine the socio-legal implications of the current adoption of courtroom technology on the delivery of the civil justice system of the High Courts in Malaysia. Among the objectives of this research is that it aims to critically examine the socio-legal implications of courtroom technology in the abovementioned courts. This research also critically examines the experience of courtroom technology in the United Kingdom for comparative analysis and lessons to be learned. Finally, this research aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions, and to propose best practices and code of conduct in implementing courtroom technology. The research adopts a qualitative method, comprising of the collection of primary data (which involves field work adopting case study design at the High Courts of West and East Malaysia) and secondary data (which involves library-based research). The primary data which have been generated is analysed by using the computer aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same. It is hoped that this research will contribute to the body of knowledge on courtroom technology in Malaysia.

Challenges Affecting the Adjudication of Islamic Finance Cases in the Malaysian Courts

The Islamic banking and finance industry in Malaysia is developing progressively, primarily due to the concerted effort from the regulators and the industry players alike. The Islamic funds are increasing over the years and more innovative products are introduced for the benefit of the consumers. In some situations, disputes arise relating to the Islamic finance matters, and they end up for the adjudication of the courts system. However, there have been debates as to the challenges affecting the adjudication of such cases in the Malaysian courts. Engaging in library-based research, this paper outlines the various challenges affecting the adjudication of Islamic finance cases in the Malaysian courts, involving both legal and operational aspects of the implementation of Islamic finance business in the nation. The challenges include the legal infrastructure puts Islamic finance cases within the jurisdiction of the conventional legal framework, Islam is separated from the administration of justice, different roles played by different components of Islamic finance, separate laws govern the different components of Islamic finance, confusion caused by the building blocks of the legal documentation and the question as to the competency of civil court judges. Accordingly, the future direction of the research is to propose recommendations for the management or dissolution of these challenges, towards better settlement of the Islamic finance cases by the courts.

Socio-legal implications of courtroom technology: A case study of the high courts of Malaysia

This paper is drawn from an ongoing research which attempts to examine the socio-legal implications of the current adoption of courtroom technology on the delivery of the civil justice system of the High Courts in Malaysia. Among the objectives of this research is that it aims to critically examine the socio-legal implications of courtroom technology in the abovementioned courts. This research also critically examines the experience of courtroom technology in the United Kingdom for comparative analysis and lessons to be learned. Finally, this research aims to propose recommendations for the amendment to the relevant statutes, improvement to the practice directions, and to propose best practices and code of conduct in implementing courtroom technology. The research adopts a qualitative method, comprising of the collection of primary data (which involves field work adopting case study design at the High Courts of West and East Malaysia) and secondary data (which involves library-based research). The primary data which have been generated is analysed by using the computer aided qualitative data analysis software ATLAS.ti version 6.2 prior to reporting of the same. It is hoped that this research will contribute to the body of knowledge on courtroom technology in Malaysia.