Cyber-space imitates real-world activity and this includes criminal activity. Internet law as a legacy of territorial law is attempting to challenge virtual criminality, but there is a big problem because cyber-space is not subject to a single jurisdiction. The European Council is trying to tackle this issue but unless all countries sign the EC treaty, cyber-law will not always work.
National legislations with investigatory powers prove there is sufficient control for cyber-law to work. For example in Malaysia since 1997 and in India since 2000, Digital signatures have allowed the exchange of documents to be legally binding as far as the law of contract and evidence are concerned.
Investigatory powers make cyber-law work and this is emphasized in section 10 of Malaysia’s Digital Signature Act 1997 and section 78 of India’s Technology Act 2000. Influenced by the UK Computer Misuse Act 1990, the Malaysian Computer Crimes Act 1997 categorises the unauthorised access and modification of computer contents an offence carrying punishment of RM 50, 000 or five years’ imprisonment. Hate speech is another offence regulated under UK’s Public Order Act 1986 and Australia’s Racial Discrimination Act 1975 makes it unlawful to insult, humiliate or intimidate another person in public on the basis of their race.
