Mohd Bahrin Othman

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.

Risky society, chaotic life: Disaster management laws timely?

When disaster strikes communities are disrupted, lives are lost, properties wrecked and the socio-economic fabric of societies are tossed into havoc. Assistance may pour in, but effective regulations to govern the chaotic conditions are necessary to coordinate efforts by different organizations to cooperate, giving them authority to render assistance to help the community to recover. Malaysia has had its share of disasters not only brought on by the forces of nature, but also suffered disasters caused by mans relentless race towards a more progressive society. In Malaysia, disasters are managed under National Security Council Directive No. 20, an ad hoc administrative order issued from the Prime Ministers Department, involving the Fire and Rescue Services, the Royal Malaysian Police and the Armed Forces and other supporting agencies established under federal, State and district levels. This paper which is drawn from an ongoing research on the laws relating to disaster management, attempts to examine the necessity of a more comprehensive central legal framework in integrating the various organizations to reduce the risk of disasters within the country. This involves, amongst others, an examination of the National Security Council Directive No. 20, and also legislations such as the Fire Services Act 1988 that provides the Fire and Rescue Department with legal powers to take part in all types of rescues. A comparative analysis with the Hyogo Framework 2005–2015 and the legal position in South Africa and Australia is elucidated, which would provide some lessons for Malaysia to learn and emulate in providing the legal framework with the necessary powers to effectively manage disasters. Also, the broader context of risks in the modern contemporary society, the theoretical notions underlying such risks and the need for the creation of disaster management teams at the international and local levels are illuminated.

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.