Stop Section 114A!

Update 2: theStar reports – The Cabinet is carefully studying Section 114A of the Evidence Act 1950 in line with Prime Minister Datuk Seri Najib Tun Razak’s directive, after it became a much discussed matter in cyberspace. Information, Communications and Culture Minister Datuk Seri Dr Rais Yatim said Wednesday the Government held a firm stand on the matter but so far, there were no plans to make new amendments to the Act.

If I were you, I would not lose my breath over this “Cabinet carefully studying…after Najib’s directive”. Now they have the edge (after all, the Act have been passed by the Parliament), you think they going to let go just like that?

Update 1: I do not know who this Fatimah Zuhri is (a BN cyber trooper?) but running through her “arguments” in support for Section 114A, it is clear she is missing a point in her support for Section 114A (no doubt the amendments have its merits as highlighted by her). The point that she missed is on the burden of proof shifting to the accused. She says that yes, the accused is now guilty until proven innocent but then goes on to say that if one is innocent, then it is easy to prove it so.

This argument is seriously flawed as 1. under our legal system, one always presumed to be innocent until proven guilty, so why the sudden shift then? Will the resources be made available by the authorities for the accused to prove the innocence? and 2. she is talking about proving your innocence using IP & MAC address – is she a computer expert on cyber crime or she is just a casual PC user who knows nothing more than using some easy Microsoft programs and surf the net.

Look at the comments by one Ah Beng under her post and you will realised that proving your innocence using IPs & MAC Addresses may be futile if the real perpetrators are experts in covering their tracks (there are plenty of tools on the net just for that) and since you are presumed guilty until proven innocent, you are screwed. There seems to be a clear loophole on the horizon (since it does not stop anyone who is not happy with what has been written online from hiring certain experts to hack and create trouble for the writers under Section 114A) and that should not be the case.

Back to the original post

Read these first:-

They have been trying to censor the internet for ages now but so far their attempts have whacked them back on their face. This seems to be the latest of their attempt to censor what is said & discussed on the net but this time around, it is coming through the “back door” via the Evidence Act 1950

From Stop114A:-

How does Section 114A affect you?

Titled “Presumption of Fact in Publication”, Section 114A holds the following people accountable for publishing content online:

(1) those who own, administrate, or edit websites open to public contributors, such as online forums or blogs;

(2) those who provide webhosting services or Internet access; and

(3) those own the computer or mobile device used to publish content online.

In other words, if allegedly defamatory content is traced back to your username, electronic device, and/or WiFi network, Section 114A presumes you are guilty of publishing illicit content on the Internet.

But what if you were the victim of identity theft and a hacker wrongfully used your Twitter or Facebook account to post defamatory content?

Under Section 114A, you are still considered guilty until proven innocent.

What is wrong with Section 114A?

Section 114A is problematic for a number of reasons:

i) It disproportionately burdens average Internet users who are wrongfully accused of publishing seditious or defamatory content.

ii) It makes Internet intermediaries–parties that provide online community forums, blogging and hosting services–liable for content that is published through their services.

iii) It allows hackers and cyber criminals to be free by making the person whose account/computer is hacked liable for any content/data which might have changed.

iv) It is a bad law passed in haste and does not take into account public interest and participation.

Click the image below for more details:-

(All images sources: http://stop114a.wordpress.com/)

Snippets – 07 June 2012

(The Telegraph reports this as one of the rarest astronomical events occurs on Tuesday and Wednesday when the planet Venus passes directly between the Sun and Earth, a transit that won’t occur again until 2117. But in Malaysia, we seems to have other things to be interested with. Image source: http://haryanaabtak.com)

Million Youths Drag Race Accident

You probably have heard about this incident that happen last month during Najib’s Million Youths Gathering. 17 people were seriously injured and accusations have been flying around on who suppose to take the blame for the incident. But if you have read in between the lines, there seems to be a larger “accident” at work:-

He said he would suggest to the cabinet that a proper drag racing track as long as 800m, complete with spectator seats, be built. “I will speak to the cabinet as soon as possible. The suggestion had been brought up previously, but it was not approved. “I feel that it is timely for us to build a track with proper facilities and safety features so that fans of motorsports can enjoy the race and also to avoid such accidents in the future,” he said.

(Source)

And it was rightfully pointed out by a reader over at Funtasicko Design:-

Ini lah Malaysia. Setakat nak buat track untuk perlumbaan drag pun nak kena kelulusan kabinet. Dulu elok-elok dah ada trek Batu Tiga, sapa suruh robohkan? Sepatutunya, setakat bendalah ‘simple’ macam trek perlumbaan hanya perlu kerjasama kerajaan tempatan (dalam hal tanah dan alam sekitar) dan ‘sanction’ dari AAM untuk memastikan trek memenuhi piawai antarabangsa. Kenapa perlu sampai ke kabinet? Apa yang jemaah menteri tahu pasal sukan permotoran? Tukar tayar kereta pun tak reti agaknya,sibuk nak cakap pasal motorsport.

(Loosely translated) This is Malaysia. They need Cabinet approval for even trivial things like doing up a track for drag racing. We used to have the excellent Batu Tiga racing track – who asked it to be demolished? Actually simple things like this can be resolved with the help of local authorities (on issues of land and environment) and AAM’s sanction to ensure that the track meets international standards. Why you need to bring it all the way to Cabinet? What do the ministers know about motor racing? It is doubtful that they even know how to change tires on their car and here we have the same people taking about motorsport.

What is more distressing – a car flying off from a rudimentary unsanctioned track and seriously injuring 17 people or a Federal level minister who do not seems to know what he is talking about? Do we really have the right people with the right knowledge and skills for the job – more so at critical decision making level?

And we are seeing it again in action with the freeze of education loan for the Unisel students.

Reporters grilled Muhyiddin, who is also education minister, on the matter only to have the minister say ad nauseum that the freeze is a test for PKR to prove it can implement its free education proposal. Backing Muhyiddin was Agriculture and Agro-based Industries Minister and Selangor Umno deputy chief Noh Omar, who at the same event said students will not suffer as a result of the move as PTPTN will resume giving out loans once PKR admits it was wrong.

(Source)

I do not want to indulge much on the politicians’  level of intelligence but on the other hand, to have the Deputy Prime Minister who is also the Education Minister to say that the freeze is due to PKR’s stand is simply dumb. Just because they want to make a point, they gamble with students’ future – what’s next? Setting aside all those who had voted the Opposition from all benefits until these people vote for BN again (it is not like that they have not done this on smaller scale)?

The opposition have been calling for free education and the abolishment of PTPTN for some time now – one may need to study further on the merits of abolishment. It may be a good thing (young graduate with low starting pay not burdened with high repayment of education loan) or a bad one (poor students not having enough money to study) but even if they come in power and decides to abolish, it is evident that these cannot be done overnight. They can say a lot of thing now but if they become the Government, there is plenty of things to do before they can even talk about implementing it – alternative funding must be ready and other infrastructure is in place before this is done and BN knows this too.

You can have your own little dirty politics within and outside your political party especially with the elections around the corner but it should not affect your duties and responsibilities especially when it comes to education and students. The timing is not right and it does not achieve anything positive and puts unnecessary distress and pressure on the students. You have to be fair – you want to freeze, you freeze all or you counter the Opposition with the hard cold facts.

Anyway they have now decided to reversed this decision after the Selangor State Government had decided to liquidate assets to assist students who are unable to access the study loans – however the reason for the reversal seemed to be dumber than the earlier reason to freeze

(Still remember Nurin or Sharline? They were not the only children who went missing in this country. Who is to be blamed? Image source: http://linkenlim.blogspot.com)

Ah, Some Parents!

When will they ever learn? It is apparent that there are still some parents out there who take things for granted when it comes to children safety. Come on, just imagine – if adults are being abducted in day broad-light, what more of young defenceless children?

A housewife nearly lost a child in a carjacking incident in Bandar Baru Kangkar Pulai here on Monday.

Recounting the 11.30am incident, Khazlim Saat, 35, said she had left her three children, Nor Sabrina Damiah Mohd Hisham, six, Nor Sofea Hadirah, four, and Mohd Ryan Hazim, still a toddler, in her Perodua Myvi car with the engine still running in front of a grocery shop as she intended to spend just a few minutes to buy some household goods.

“As I was going into the shop, Damiah came to me and even before she could open her mouth I heard Hadirah screaming. “I rushed out of the shop and saw Hadirah was outside the car and a man getting into it and driving away with a door still ajar,” she said, adding that panicked, she asked passers-by to call the police.

(Source)

Leaving kids in the car whilst running off on a quick errand is nothing new for most parents. It is the same case for us and our son but until he had learned to lock and unlock the car from the inside, we never leave him alone in the car with the engine still running. And even now after he had mastered the locking & unlocking of the car door, we still do not leave him alone in the car (my wife will always sits with him – we do not want him to unlock the door to some strangers) except on a rare occasions – when we really have no other choice, we simply brings him along on the errand. On other occasions, we simply leave him at home (again, not alone) or at our neighbor’s house – it is thousand times safer than having him alone in the car.

The same goes when he wants to go to the playground – even he is playing with his group of friends and do not want us to be standing nearby, we always ensure that we are within a safe distance from him. And even so, we would give him a list of strict instructions and repeat them a couple of times before we even consider leaving him alone at the playground.

So imagine my horrors when some parents had left not one or two kids in the car with engine still running but three including a toddler. No doubt there will be times when some of us may not have a choice but to leave the kids in the car with engine still running but do we think twice of the risks before we do that? And this not necessarily is limited to kids and car – it can also mean sending kids alone sundry shop or letting kids playing by the roadside unattended. Where do we place our priority – our children’s safety or a mere inconvenience of doing things the harder way?

Khazlim Saat should have counted her lucky stars that the car-jacker did not drive off with her 3 kids and they did not end up couple of days stuffed in a gym bag.

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Mindef Translation vs Proper English

(Countdown – 343 days to “doomsday”)

Well, it is rather embarrassing indeed.

Unspun, well known Indonesian blogger writes:-

There was once upon a time when it was universally accepted that Malaysian had a better command of the English language than Indonesians.

It wasn’t arrogance then, just a fact of life because of Malaysia’s British colonial history. For all the sins of the Brits Malaysians could be grateful to them for leaving behind an efficient civil service and a love for the Queen’s English.

But much has changed since those days. The hypocrite Mahathir Mohamad, in trying to display his nationalistic credentials changed the medium of instruction in schools from English to Malay. That, and other misguided nationalistic sentiments since then has seen the steady deterioration of the use of English among Malaysians.

One can safely argue that a certain work ethic also went out the window with the need to learn and master a language. So it seemed inevitable when Malaysia’s Ministry of Defense was red-faced recently because the language skills were so bad that they relied on Google Translate to render their copy into English.

And if one thinks that the worse is over, Nuraina A Samad further writes:-

In fact, the entire English version of its website – as of 12 noon today – is in BM. As a way of “explaining”, you’ll find the articles and writings with a preceding note: There are no translations available.

Perhaps, it’s still being done manually as explained by its minister Ahmad Zahid Hamidi.

Hard work, I reckon. What gives, man? Google translation all this while? I suggest the ministry gets the right people to do the job…Kalau tidak, one word: Malu (shame).

As much as we want to promote and defend the national language (which is a must for national unity and national identity), we seemed to have missed the greater point of the need to learn and master one of the main languages in the world – English.

For those who still arguing on using Bahasa Malaysia over the more widely used English on everything you touch, well blame it on our ancestors – they failed to wise up, start the all important Industrial Revolution, build huge & powerful army and go and colonise other countries in a larger scale. If they have done, the Americans and the Indians would have been speaking fluent Bahasa instead of English right now.

Unfortunately that did not happen – too bad for those who dislike learning and speaking in English. So whether you like it or not, the English language is here to stay and I think we need not go to the argument of why mastering the English language is very crucial in a global village these days.

And unfortunately despite the overwhelming merits, we have gone the other way and made things worse in this country – we have fooled ourselves and the future generations by deciding to teach Science and Mathematics in Bahasa Malaysia instead of the widely used English, setting off another set of problems. There is already a lack of Science & Mathematics books in Bahasa Malaysia. It seems like we may not have the right people and resources (at least in short term) to do accurate translation from English to Bahasa (or are we going to use Google Translate for that too?). The impact of this in the near future on our standard of English and the mastery of Science and Mathematics is yet to be seen (thank God for the Discovery channel for a way out).

There is nothing wrong with Ministry of Defence relying on Google Translate for the translation of webpages in Bahasa to English. But the thing is, even if one had used Google Translate for ease of translating the many webpages, surely someone in their right mind would have at least read the translated pages once, just to make sure that translation does not turn out wrong or false.

Unspun in his follow up post titled “Did Malaysia’s Defense Minister frame Google?” reported this:-

Malaysia’s Defense Minister Ahmad Zahidi Hamid, whose Ministry became the laughing stock in Malaysia because of the use of outlandish English translations on its website (e.g. Menjolok mata = poke eye) blamed Google Translate for the mistakes.

Really?

Blogger Uppercaise further asks – was Google at fault, or the ministry? Was the defence minister telling the truth, or trying to pass blame to others? This table (sourced from Uppercaise) consists of a few examples and it is evident that something is not right with the Minister blaming Google:-

The embarrassment with the wrong translation at Mindef is possibly a tip of the iceberg. What about the rest of the public administration – starting from the lowest level of public servant and all the way to the top – Ministers and Heads of Departments and CEOs. Just how many of the politicians heading key positions in the Government can really speak and write good English? Still remember this bullshit:-

However, he was forced to resign as Selangor Mentri Besar in April 1997 after he was charged in Australia over currency irregularities amounting to RM3.8mil. However, he was later found not guilty. Muhammad Muhammad Taib was cleared by the court as he pleaded that he did not understand English and therefore did not understand the currency regulations. However, in a later development, an investigative committee found that the court had erred in its judgment.

If he was not punished for the dubious RM3.8 million, given the fact that he was once the head of a state government, he certainly should have been punished for claiming not knowing English language when traveling to a country where the main language is English. Perhaps in the near future, when a politician proposes to run for public office, other than the usual meeting the minimum codes of ethics, they must be speak and write Bahasa and English well – no more Bahasa pasar, Manglish and half-cooked languages.

In the meantime, hopefully this embarrassing incident will pass over soon and Mindef is more cautious when it comes to translations in future and engages and trains its people in the proper use of the language.

And oh yes, next time when the Ministry screws up things, please don’t do any cover-ups – just admit that there is a weakness and work on a real solution to overcome them. The world is not so dumb as it used to be.

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Flashback – 2011

Read past flashbacks (will try to find time to do one for year 2005):-

2006
2007
2008
2009
2010

Welcome back everyone! Hopefully I will welcome you the same in 2013

In 2011, I could only muster 93 posts for this blog – this compared to 206 posts in 2010. Perhaps 2012 may bring more opportunity to put my thoughts on “paper” on a more regular basis. No doubt it is easier to list them for a “flashback” post given the lower number of posts that I can pick from but certainly there were some that worth a second highlight on what have passed us in 2011 and before we start in 2012

January 2011

  • As such as I hate to admit it, year 2010 has to be the year for BN – they seemed to get things just right
  • Despite the shortcoming, we should not disregard the the case for PR 100 days plan which they promised to execute if they able to take over Putrajaya in the next elections
  • Deutsch: Markt in Kota Bahru

    We were here in Kota Bahru but we came in late - the market was closed except for the chips section

    This must be one of the craziest we did in 2011 – probably ever – a trip to Kota Bahru and back all in one day

  • 2011 was the year I finally moved to the world of smartphones – not really an iPhone but something close

February 2011

  • An open letter to Datuk Suret Singh on why we still suck on lowering deaths on national roads
  • My car losing it’s braking powers during rush hours – one of the scariest thing that ever happened
  • I think I saw that a sign for me to change to a new car- my ride for the past 8 years and multiple improvements (and a still pristine paint work) will be greatly missed

    Malaysia Vasudevan

    Malaysia Vasudevan

  • The great Malaysia Vasudevan passed away – his voice, some say better than SP Bala will remain in our thoughts

March 2011

  • With crisis brewing in the Middle East, it’s high time to review our deep dependent on crude oil and look at more renewable ones
  • 2 main expenses for the month but only one I was glad to pay – the security tint on my new car and not the cost of pest control on the termites in the kitchen
  • Anwar’s Sex Video cropped up – just adding on the already overloaded dose of spices on the on-going Sodomy Part 2
  • My morning prayers that was disbanded later – too bad, my patience ran thin these days

April 2011

  • Japan had a devastating tsunami but more worrying for other countries was the dump of radioactive materials into the sea
  • Yuddham Sei

    One of the best movies in 2011

    Mysskin’s Yuddham Sei – I rate it to be one of the best Tamil movies for the year, after the previous venture called Anjathey

  • RPK made some interesting revelations – it puts BN back in good light and PR in a bad one
  • Sarawak had its state elections – despite the win, not all is good news for BN – certainly things are changing in East Malaysia, fueled by incidents of blatant corruption and grab of native lands
  • The worse case scenario for 1Email project – many asked who in the right mind will pay for an email when it is easier to get free ones of the net?
  • The Great Guru passed away but not before leaving a string of controversies – which is often the case when religion gurus make their grand exit

May 2011

  • It took them 10 years to do it but the demon is dead- so says US who found the “most wanted man on the planet” in a safe house next to Pakistan Army establishment
    Pete Souza, Official White House Photographer

    the covert operation on Osama

     

  • The ugly issue of religion conversion allegations is up again – the problem is, it is up when there are far more important things to consider
  • One school system revisited – there is still plenty of work to be done to get our education system in the right path
  • I moved my movie reviews to separate blogs – it is more focus but it needs more regular updates

June 2011

  • What constitutes “best car service center”? Here’s my own set of criteria based on almost 8 years of driving and waiting in agony at car service centers

    Hadi Awang at the Bersih rally

    The crowd that turned out for Bersih

  • It was high time for Bersih 2.0 – elections in Malaysia has always been called to be fair and square but there is plenty of room for improvement and the need to plug the huge loopholes

July 2011

  • The fellow who talked a lot was missing from the scene where ordinary Malaysians walked for better election rules and processes
  • The royal commission found Teoh Beng Hock were driven to suicide by aggressive interrogation by the MACC – it was not the kind of news that the corruption busters want to have in light with poor perception by the public
  • The call for indelible ink rose again – this time with stronger case against the earlier proposed voting using the untested biometric verification system

August 2011

  • Race based resolution is bad news for the country and in late 2011, there is no end to it
  • My close encounters with idiots on 2 wheels continues – this certainly will not be the end of it
  • The Nokia N8 Phone

    The flagship phone for Nokia (before N9)

    Nokia released its major update todate for Symbian^3 powered N8 smartphone and although it still lacks behind iOS and Android, it was nonetheless a welcomed update

  • The prospect of generating own clean power at home looks very tempting – only if the start-up cost is lower and backup with some kind of funding for houseowners

September 2011

  • Is it due to a failure to listen or a lack of understanding of the actual situation on ground in Somalia? We certainly paid a high price for it
  • If lack of enforcement contributes to the high fatality on the road, the authorities should take some of the blame too
  • Will ISA be repealed for good? In view of the elections, Najib seems to moving in the right path but stopped short by saying that it will be end of such oppressive laws
  • The video “Undilah” makes a lot of people in power nervous – very nervous indeed

October 2011

  • Locally made Nasi Lemak 2.0 was good but was the personal attack on the Namewee was really warranted when reviewing the movie?
  • RIP Steve Jobs- it was an end of an era
    English: Steve Jobs shows off the white iPhone...

    The man behind iPhone, iPad and iPod

    RIP Steve Jobs

  • This was the month when I was away on a trip to the Oriental Paris – it was cold though

November 2011

  • I was quite annoyed with the way certain award winning “budget” airline handled flight delays – I am sure they could have done better
  • The first write-up on what should be a series of posts on the trip to Oriental Paris

December 2011

  • More write-ups on pesky motorcyclists – ya, it does not end to the problem but the shortcomings should not be ignored as well
  • The new and growing menace in the country – the Nigerians was on spotlight once again by fellow bloggers
  • Closure for the year, we made the long overdue trip to Malacca and the A-Famosa fort – finally the mystery has been solved

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