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Another Malaysian Messenger in the Firing Line

By Farish A. Noor

A word, once uttered, can seldom be withdrawn. This is true for most of us and particularly true for politicians who forget that we now live in an age of modern communications technology where every sentence, every utterance, even every burp, hiccup and indiscreet bodily emission will be recorded for posterity.

What has now become a maxim of politics was amply demonstrated recently by the remarks of the Deputy Prime Minister of Malaysia, Najib Tun Razak, who claimed during a press conference in Kuala Lumpur that Malaysia is an ‘Islamic state’ that has ‘never been affiliated’ to a secular position and that that Malaysia’s development ‘has been driven by our adherence to the fundamentals of Islam’. (Bernama, 17 July 2007) Needless to say, the Deputy Prime Minister’s remarks were a cause of concern for many Malaysians who — for the past fifty years or so — have been living under the assumption that the country was a constitutional democracy and not a theocratic state.

In due course protests issued from all quarters, ranging from the Malaysian urban liberal elite to the leaders of the mainly non-Malay non-Muslim parties of the country; demanding clarification on the issue and a re-statement of the fundamentally secular basis of Malaysia’s politics. As public frustration increased, the Malaysian government reacted as it is wont to do. While the Malaysian Prime Minister is on holiday in Australia, the government issued a blanket media ban on all discussion of the matter, on the grounds that it can only lead to even more public anger and misunderstanding between the racial and religious communities of the country; despite the fact that the source of the misunderstanding and discomfort was the Deputy Prime Minister’s remarks in the first place.

Notwithstanding the overt ban on media discussion of the Islamic state issue, however, Malaysia’s internet community has been active in keeping the question alive and well on dozens of websites and blogs all over the country. Indeed as developments over the past few years have shown, it is the internet where most of the really interesting and meaningful political discussions have been and are taking place. Continue reading “Another Malaysian Messenger in the Firing Line”

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Axe finally coming down in Malaysian cyberspace – after Raja Petra, who’s next?

Is the axe finally coming down in the Malaysian cyberspace after the four-day arrest of Nathaniel Tan with the high-level Umno police report against Raja Petra Raja Kamaruddin, the webmaster of the popular political website, Malaysia Today?

In his article “A game of cat and mouse” on his website yesterday, Raja Petra had floated the theory put to him by “people in the intelligence community” that Sabah Chief Minister Musa Aman and Inspector-General of Police Musa Hassan had met Prime Minister Datuk Seri Abdullah Ahmad Badawi who is currently in Australia to “discuss Malaysia Today, plus get Pak Lah’s blessing and permission to close Malaysia Today down and arrest me” in view of the “damage Malaysia Today has inflicted on the image of Sabah, the Royal Malaysian Police, and Pak Lah personally”.

Are the instruments of repression of the past regime, which had never been dismantled, being re-activated against criticism, dissent and expose of abuses of power and corrupt practices in the run-up to the coming general election?

Criminal law should not be abused to arrest, intimidate and silence any one, including Raja Petra for his many exposes against top police and political leaders who should avail themselves of the right and remedy to institute civil proceedings of defamation to vindicate their reputation and clear their name if Raja Petra is guilty of making baseless allegations against them.

I call on the Prime Minister to stand firm against opening the floodgates to allow criminal laws to be abused for personal, political or partisan purposes.

Otherwise, the question uppermost in the minds of Malaysians will be “After Raja Petra, who’s next?” Continue reading “Axe finally coming down in Malaysian cyberspace – after Raja Petra, who’s next?”

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Release Nat Tan now – “investigate then arrest” and not “arrest then investigate”

The Prime Minister, Datuk Seri Abdullah Ahmad Badawi must respect human rights and end police abuses of power of “arrest then investigate” and insist that police adhere strictly to “investigate then arrest” procedures.

Abdullah should order the immediate release of blogger, PKR webmaster and aide to Anwar Ibrahim, Nathaniel Tan to send a clear message that his administration and the police under his watch respect human rights, one of the three core functions delineated by the Royal Police Commission in its Report and 125 recommendations to create an efficient, incorruptible, professional world-class police service.

Police abuses of power were manifest when they first let it be known that Tan was arrested in connection with the doctored photograph purportedly showing Deputy Prime Minister, Datuk Seri Najib Razak with his confidante Razak Baginda and the murdered Mongolian woman Altantunya Shaariibuu.

Then there was talk about action against Tan under the Penal Code before the Official Secrets Act (OSA) was trotted out as the reason for Tan’s continued remand.

And most incredible of all, the subject of the OSA action was the anonymous website on the RM5.5 million corruption allegations against Deputy Internal Security Minister, Datuk Seri Johari Baharum.

It is not only Johari who would want to know the identity of the person or persons responsible for the anonymous website which posted the corruption allegations against Johari — and there are allegations that the anonymous website could originate from within the police itself. Continue reading “Release Nat Tan now – “investigate then arrest” and not “arrest then investigate””

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Why 5-month paralysis in appointment of Chief Judge, Malaya?

The Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim announced at the close of the Asia-Pacific Judicial Reform Forum yesterday that a study would be conducted on judicial systems in the region to determine if a judicial commission on the appointment and promotion of judges would ensure the independence of the judiciary.

He said judicial experts will be looking at how judges are appointed and promoted, then look at which system would be best for the independence of the judiciary — and the preferred system will be recommended for countries in the region to adopt.

Justice Kenneth Madison Hayne of the High Court of Australia said six weeks would be set aside to collate the information and present it in a usable format.

He said: “Factual information will definitely be published, but we would be circumspect about publishing opinions expressed in the survey”.

Fairuz’ announcement is a disappointment for three reasons:

Firstly, while it is commendable that the Asia-Pacific Judicial Roundtable Forum wants to make a regional study whether a judicial commission on the appointment and promotion of judges would ensure the independence of the judiciary, it is most presumptuous for the judges at the Judicial Roundtable Forum to assume that only members of the judiciary are most qualified to decide on the question, excluding other equally if not more important stakeholders such as lawyers and laypersons of the civil society.

In fact, it is a very pertinent question whether judges are the most suitable and capable persons to solely decide on the question of the independence of the judiciary, which affect not only judges but the larger societies which they serve.

The history of mankind has proved again and again that the principle of the independence of the judiciary had often to be salvaged and established not only in the face of opposition of reactionary power-holders but in many cases in the teeth of opposition of serving judges as well. Continue reading “Why 5-month paralysis in appointment of Chief Judge, Malaya?”

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Electronic discovery – Of bytes and briefs

May 17th 2007
From The Economist

The courts are struggling to cope with information technology

A CHICAGO law firm recently put up a billboard with the slogan “Life’s short. Get a divorce.” Also on the billboard were pictures of a hot babe in her underwear and a hot hunk in a towel–a sample of the delights that await the newly single. This is the kind of lawyer story that makes the evening news. Deeper, broader problems with America’s legal system tend to be ignored. Electronic discovery is one.

What’s that? Well, let’s say you follow that Chicago law firm’s advice and sue for divorce. And let’s say your soon-to-be ex-spouse gets angry. His or her lawyers might then demand to inspect your hard drive so that they can, for example, acquaint the court with your love of porn before it decides who keeps the children.

As technology changes the way people communicate, the legal system is stumbling to keep up. The “discovery” process, whereby both parties to a lawsuit share relevant documents with each other, used to involve physically handing over a few boxes of papers. But now that most documents are created and stored electronically, it is mostly about retrieving files from computers. This has two important consequences.

First, e-discovery is more intrusive than the traditional sort. Catty or salacious gossip, the kind that was once swapped at the water cooler, is now often committed to e-mail. This is easy to subpoena and virtually impossible to erase. There is always a back-up somewhere, so even if you delete the e-mail privately denigrating a stock you are publicly urging your clients to buy, it will still be read out in court. If your firm is sued for sexual discrimination, expect the plaintiff to demand all the lewd e-mails your male executives have ever swapped with each other. Continue reading “Electronic discovery – Of bytes and briefs”

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Extended C-Band spectrum mess by MCMC

The Ministry of Energy, Water and Communications has recently created havoc among wireless broadband providers with its proposal to violate the National Broadband Plan (NBP) to revoke licences to broadband service providers to operate on the 3.4-3.6-Gigahertz (GHz) frequency — the extended C-Band spectrum.

Ten days ago, the Minister concerned, Datuk Seri Dr. Lim Keng Yaik said use of the extended C-band frequency by the wireless broadband providers was interfering with the operations of the Measat-3 communications satellite.

He blamed the Malaysian Communications and Multimedia Commission (MCMC) which had given out the licences for the predicament.

Seven FWA (Fixed Wireless Access) broadband operators i.e. Airzed, AtlasONE, eB Tech, Nasioncom, TTDotCom, Maxis Broadband and TM who are now operating between spectrum 3.4 — 3.6 GHz – the extended C-band spectrum licensed to them by the Regulator (MCMC) since 2003 – are now seeing their total investment of over RM400 million going down the drain, threatening the ricebowls of some 400 workers, as well as scuttling their investment plans for some RM300 million in the next 24 months!

These companies are operating mainly in Klang Valley. In a presentation with broadband industry players, MEASAT told them on 5th April 2007 that the continued use of the 3.4 –3.6 GHz band by FWA services will have catastrophic impact on the viability of the MEASAT-3 satellite, MEASAT and the wider Malaysian ICT industry.

MEASAT claimed that they had requested MCMC to clearly and promptly reconfirm the priority given to them in the 3.4 –3.6 GHz band, seek alternative frequency bands for FWA services and migrate these services to allow MEASAT to use the entire 3.4 –3.6 GHz band before Q4 2007.

MEASAT also claimed that MCMC had in 2003 assured MEASAT that the 3.4 –3.5 GHz extended C-band frequency band would be cleared of FWA services within 5 years (by Q4 2007) and will be given to MEASAT.

If MEASAT has its way, then probably all the seven FWA broadband operators will have to shut down their existing operations which are clearly against the public interest for four reasons: Continue reading “Extended C-Band spectrum mess by MCMC”

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Security flaw – suspend income tax e-filing system

Security flaw - suspend income tax e-filing system

The Inland Revenue Board should suspend its income tax e-filing system if it is not safe and secure following complaint of security flaw of the system allowing access to the particulars of other taxpayers.

I have received an email from a taxpayer complaining such a security flaw, as follows:

As I was filing my tax returns via e-Filing I encountered something that made me worried. As I clicked the save & continue button but the page refreshed with some other person’s Tax No. as well as their PRIVATE & CONFIDENTIAL info!

I was shocked and can even see the bank info and account number… I print screen and hope to make it known to others the possible leak of P&C info.

I find this NOT amusing as leaking anyone’s financial info makes me lose trust in the system and LHDN. Imagine I got to view 2 other person’s data!

If anyone here has direct access to LHDN’s Head Officer please inform him/her as to this matter to rectify ASAP!

The complainant has also posted his complaint on his blog, WattaHack? Continue reading “Security flaw – suspend income tax e-filing system”

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Blogs on no police station in Johore willing to accept report involving royalty

Blogs on no police station in Johore willing to accept report involving royalty

Yesterday, I handed to the Deputy Internal Security Minister, Datuk Johari Baharun and the Deputy Speaker Datuk Lim Si Cheng a set four blogs on the problem of no police station in Johore willing to accept a police report because of the involvement of a member of the Johore royalty.

When Johari was winding up the debate on behalf of the Internal Security Ministry in the Royal Address debate on Wednesday, he had given assurance that the police would accept reports lodged by the public and act on them.

I pointed out that one of the blemishes of the police performance highlighted by the Royal Police Commission was the refusal of the police to accept reports from the public, often sending them off on a “wild goose chase” from one police station to another.

This problem was supposed to have been resolved once and for all, but it is clearly not the case — as there is not only the problem of police not acting on police reports, there is also the problem of the police refusing to accept reports.

New Straits Times on Monday had one such report: “9 police reports, no action: IGP wants answers”, where the Inspector-General of Police had vowed to ensure a thorough investigation into the allegation of forgery against a Malaysian Everest climber.

The problem of police refusing to accept reports was highlighted in the blogosphere, starting with mSTAR Online. No police station in Johore was prepared to accept the po9lice report because it involved a member of the Johore royalty — and the complainant was forced to lodge a report in Bukit Aman. Continue reading “Blogs on no police station in Johore willing to accept report involving royalty”

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Abdullah govt’s anti-blog and anti-Internet Portals mindset/culture

Abdullah govt's anti-blog and anti-Internet Portals mindset/culture

I know I am going against the grain of government thinking in asking Parliament to give serious attention to blogs by Malaysians, especially when the Internal Security Ministry has just warned the mainstream newspapers in the country against quoting and publishing “anti-government articles” from online portals and blogs.

The clarification by the Internal Security Ministry’s Publications Control and Al-Quran Texts Unit senior officer Che Din Yusof who sent out the warning to mainstream newspapers that his letter was a “request” and not a “directive” does not wash, when newspapers were also reminded that condition 11 of their publishing permit required them to “follow and not act against” such directives issued by the ministry.

Che Din has said that the Internal Security Ministry does not want the newspapers to get the people to believe everything that comes from blogs and the Internet portals.

Is it the business of the Internal Security Ministry to get the people to believe mainstream media and disbelieve blogs and Internet portals? Isn’t this a violation of the Bill of Guarantees proclaimed to the world by the Malaysian Government when launching the Multi-Media Super Corridor in 1996 — in trying to influence the mainstream media and the people at large to disbelieve blogs and Internet portals?

In fact, isn’t the government turning its back to the knowledge-based economy and the information and communication technology in adopting such an anti-blog and anti-Internet portals mindset and culture? Continue reading “Abdullah govt’s anti-blog and anti-Internet Portals mindset/culture”

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A kink to login to the blog

A regular poster emailed the following complaint:

It seems impossible to login into your blog (for posting of comments) by reason of technical difficulties ie the recurrent appearance of message : ‘Your session has expired.ERROR: Invalid Username – Username: xxx'”

I also had this problem at first when the temporary blogsite, English.limkitsiang.com was switched back to blog.limkitsiang.com two days ago.

I was advised to clean up the cache. If using Explorer browser, for instance, go to Tools, Internet Options, Delete Cookies, and Delete Files. The problem vanished.

I emailed back to the poster suggesting he try out the same method. This is his reply:

“Your suggestion to clean up the cache, via Tools, Internet Options, Delete Cookies, and Delete Files actually worked! I can’t believe or understand it.

“Now no more recurrent appearances of the message : ‘Your session has expired.ERROR: Invalid Username’ – Username, which paved the way for username and password to be log-in resulting in the ‘login’ window for postings for each thread to appear below it. Continue reading “A kink to login to the blog”

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Site Down

Dear Readers,

Very bad news.

The blog (blog.limkitsiang.com) has been down for three days.

We have just received the following message from our US host server:

“We regret to inform you that during the transfer to the new data centre your account was erased by the data centre before we had time to back it up, we apologies for the inconvenience and all attempts to recover the data was unsuccessful.”

IT Support is checking what is irretrievable. Thank you for your support and many apologies for the inconvenience.

16th February 2007 (1700 hours)

Happy Chinese New Year.

[Update 16th February 2007 (2100 hrs) – While recovery attempts are being made for the original blog.limkitsiang.com, we will start off with a new blogsite in the meanwhile. This new blogsite (english.limkitsiang.com) directly linked to the previous site is still being tested. – Kit]