There has been a open outcry upon a Computer Professionals Bill. Some of a fears have been ungrounded while others, utterly genuine. Foong Cheng Leong, an IT counsel as good as Joachim Leong, a non-practicing counsel cum Consultant for Denning IT disintegrate a Bill. In their views, a main concerns distortion during how a Critical National Information Infrastructure (CNII) is being widely as good as ambiguously defined, a powers a Ministry of Science, Technology as good as Innovation (MOSTI) has over a Computer Professionals Act's Board, a need for supervision law in a report record attention as good as a implications upon a open during large.
For improved or worse, a Malaysian Government has been proactive in regulating a Malaysian Information Technology (IT) attention in recent days. One such e.g. is a legislative addition of a Electronic Commerce Act 2006 to enforce online marketplace operators to contend proper records of their sellers that could be relied upon for a role of investigation by a authorities. And now, a Government is introducing a Computing Professionals Act 2011 ("CPA"). We have performed a copy of this Ac! t (which is still in a form of a breeze Bill). At this juncture, you have been unable to endorse a flawlessness as good as sincerity of this Bill though you will criticism upon a CPA based upon a request accessible here. It is remarkable that this breeze check has numerous omissions such as a Explanatory Statement as good as a clarification of Graduate Membership.
Basically, a CPA provides for a investiture of a Board of Computing Professionals Malaysia as good as for a registration of computing practitioners, computing professionals, ! solitary proprietorships, partnerships as good as bodies corporate upon condition that computing services.
Who does it request to?
The CPA would affect all Malaysian Computing Professionals, Computing Practitioners as good as Computing Services Provider who have been concerned with a Critical National Information Infrastructure (CNII) that is tangible underneath CPA 2011 as:
"S. 3. Those assets, systems as good as functions that have been critical to a nation that their inability or drop would have a devastating stroke upon National economic strength or National picture or National counterclaim as good as security of Government Capability to duty or Public Health as good as safety."
What a CNII is as good as that area does it request to (taken from : http://cnii.cybersecurity.my/main/about.html)
Breaking that down, if you have been Malaysian as good as concerned in a Malaysian IT attention in a following areas, you should be concerned:
a. National Economic Strength
b. National image
c. National defence
d. Security of Government capacity to function; or
e. Public illness as good as safety
Then again, no clarification is since to these widely drafted areas. However, Cyber-security has listed down a following as CNII sectors (the list can be performed here):
National Defence & Security
Banking & Finance
Information & Communications
Energy
Transportation
Water
Health Services
Government
Emergency Services
Food & Agriculture
The sectors upo! n top of have been many all a important sectors of a Malaysian economy. The coverage of a CNII is distant reaching. For example, telecommunication services can be seen as assets, systems as good as functions that have been critical to a nation. We all know that such services have been supposing by usually a handful of companies such as Maxis, Telekom, Digi, Umobile as good as Celcom. Clearly a inability or drop of a telecommunication infrastructure would have a devasting stroke upon Malaysia. Does this meant that any a single who is upon condition that computing services these telecommunication companies would need to register with a Board? On this line, does this meant that any a single who upon condition that computing services a aforementioned sectors contingency register themselves with a board?
It stays to be seen if contend AirAsia's IT provider to a online engagement or a child might who designs a successful multimillion duplicate will tumble inside of a Act as these can be pronounced to be 'vital to a nation' as good as tumble inside of (a) as good as (b) if these crop up upon general media as good as minister poignant tax dollars to a nation . The Ministry of Science, Technology as good as Innovation has clarified that registration with a Board is not mandatory. Notwithstanding aforesaid, any chairman upon condition that computing services to CNII contingency still register themselves with a Board as good as from a list supposing by Cybersecurity, many of a IT professionals have been held by a CPA.
Who is a Computer Professional/Computing Practitioner/Computing Service Provider underneath a CPA?
B! riefly, a Computing Professional is a chairman with mechanism science gift or a chairman with education famous by a Board. A Computing Practitioner is a chairman who has a job duty in computing or gift in computing. A Computing Services Provider a solitary proprietorship, partnership or physique corporate upon condition that veteran Computing services. Reg! ardless of a definition, a CPA fundamentally restricts a provision of computing services to CNII.
How wide is it?
S. eighteen of a CPA states that no chairman or body, alternative than a Registered Computing Professional who is residing in Malaysia or a Registered Computing Services Provider upon condition that Computing Services shall be entitled to contention proposals, plans, designs, drawings, schemes, reports, studies or others to be dynamic by a Board of Computing Professionals Malaysia to any chairman or management in Malaysia.
Under s. nineteen of a CPA, no chairman shall, unless he is purebred as a Registered Computing Professional with a Board of Computing Professionals Malaysia, practice, lift upon commercial operation or take up employment that requires him to lift out or perform a services of a Registered Computing Professional as good as be entitled to redeem in any court any fee, charge, arrangement or alternative form of care for any veteran record services rendered.
What have been a "services of a Registered Computing Professional' is unclear. However, it can be unspoken that services of a Registered Computing Professional is a services of "Computing" that is tangible as:- a goal-oriented wake up to plan, architect, design, create, develop, implement, make use of as good as conduct report record or report record systems. What amounts to a goal-oriented wake up is wide. From a definition, a activities might embody doing of an electronic database, essay mechanism ! programm es, web designs, installation of program as good as hardware, setting up of a mechanism network, etc. It might additionally embody setting up or progressing social media pages. Of course, this clarification is subject to whether such activities have been relevant to a CNII. These sections would effectively force IT professionals as good as their Companies to impute themselves with a newly shaped Board if they instruct to deal with areas highlighted above.
The Board of Computing Professionals Malaysia that is a physique corporate determined by a CPA to, among others, register and/or umpire computing practitioners as good as computing professionals.
What is a chastisement for contravening a CPA?
Any person, solitary proprietorship, partnership or physique corporate who contravenes a CPA or any regulations made there underneath shall be guilty of an offence as good as shall, where no chastisement is expressly supposing therefore, be liable, upon conviction, to a fine not exceeding twenty thousand ringgit (RM20,000) or imprisonment not some-more than 6 months or both.
Our Views
Accreditation:
The Board will need any chairman to be purebred as a Registered Computing Professional to sit for examinations. It seems that a CPA is transforming sure tools of a IT attention in to something similar to a authorised attention where usually legally competent people can yield authorised services.
In theory, this should lift a peculiarity of IT professionals though presumably increase a costs during a same time as IT companies as good as a staff will have t! o lift funds to get themselves accredited by a Board. With due respect to alternative professions, this might not be as practical as alternative professions similar to Architecture, Engineering as good as Law, a IT profession is constantly changing with a instrumentation of news systems/applications, networks as good as coding languages. As such, it is questionable whether a syallabus or accreditation system will be able to conform to a ever-changing world of IT. Any great IT veteran will be able to tell you that a single has to refurbish oneself constantly or suffer being left behind. This sum of how a Board will operate as good as how it might favour sure languages/programmes over anothe! r might be called in to question. This leaves a big subject mark over how only a Board will lift out a accreditation process.
Preference of Codes/Systems:
Would it is contend prefer sure handling systems over others? How would it conflict to presentation of brand new platforms or devices (ie: a climb of inscription computing)? Another impracticality of a Act- Let's contend you own a purebred IT association underneath a Act, my compa! ny has t o sinecure Registered Computing Professionals as good as can usually yield services that have been accredited underneath a Board's register. (Section 15 (4)) So, let's contend you have a colleague who in his gangling time tinkers with Android duplicate programming as good as if you wish to let him pattern an duplicate for a client, my association can be systematic since a slap upon a wrist with a warning or even have a suspension of a registration. Such a situation, does not take in to account a reality that many IT professionals tinker with formula or different projects in their giveaway time though underneath this Act, will not be able to yield that use inside of a CNII's range unless they have been accredited by a Board.
Rationale during a back of a Act.
At a time of essay to this Article, MOSTI has expelled a press statement stating a motive during a back of a proposed Act:
"Why do you need this Act? The need of this Act is to grasp a following objectives:
Enhance a worth of a profession as it will need purebred members to possess minimum levels of qualific! ation/ex perience;
Raise veteran standards by developing as good as progressing a formula of conduct for computing professionals;
Review education offered by alternative bodies in order to offer as a guide as good as anxiety when gauging that certification! s have b een stream as good as relevant;
Provide some turn of assurance of a peculiarity of computing professionals to employers who sinecure those who have been purebred by BCPM;
Enhance a supply of ICT manpower in a nation as good as help a nation grasp a goals of a New Economic Model in becoming a prolific high-income nation; as good as
Serve as a central card file of all computing professionals as good as practitioners in a country."
While these aims have been admirable, it is highly questionable whether a drive should come from government-led law as opposite to a self-regulated attention with supervision grants as good as incentives. This Bill outlines a sharp move towards that direction from a Ministry that has since out loans as good as grants for IT entrepreneurs.
Innovation Lost.
This will stifle creation as good as a Ministry of Science, Technology as good as Innovation(MOSTI) should note how some innovative companies similar to Google have a "20% percent" policy to help creation along. They essentially let their staff spend 20% of their time during work to experiment as good as come up with their own personal projects that eventually adapted by Google. Google News, Google Suggest, Adsense have been examples of these personal projects. Will this Act help or serve gloomy by additionally carrying a broad clarification of 'computing' to embody things similar to planning, architecture, creation as good as development of IT systems? While a single might argue a action provides that people with 'relevant experience' might benefit accredition from a house though a subject is because do they have to?
The IT attention is filled with hobbyists who tinker with programming formula in their giveaway time as good as benefit this knowledge from their passion as good as interest because do they have a Governmental Body contend what they do is great sufficient when their work can be really good shown in a finish results of a ! personal projects. They would argue it would not be satisfactory to review IT attention to alternative professions as no a single designs building, treats medical patients, dispense drugs or give authorised advice as a side activity. Even if you were to go with a ide! a of a Act is to ensure a peculiarity of IT professionals inside of Malaysia, this Act creates another covering of nonessential bureaucracy as good as a play upon words might turn IT hobbyists from innovating in their gangling time. The biggest minds in a attention such as Steve Jobs, Bill Gates, Steve Wozniak were not even graduates who became a brains during a back of a giants of a IT attention now namely Apple as good as Microsoft. They were dropouts who had an event to develop in an unregulated ecosystem. This check will have a conflicting outcome upon a IT industry. If you have been to attempt to take a lead in IT, you should take a page from a Silicon Valley where IT professionals have been authorised to innovate with little to no regulation.
The Minister as good as a Board
Given how a Minister has power over a preference of a Board's president, a Board's arrangement as good as able to mislay members of a Board. This beckons a subject of a independence of a Board that should be peer-led as opposite to be motionless by a Government. Comparisons opposite a different Professions in Malaysia ! many a re counterpart led with a difference of a Engineers as good as this gives climb to regard as a IT industryPolitical interference in a highly dynamic attention or even a appearance with it can put off people from getting concerned in a Industry. Clarification upon these areas have been severely needed or improved still to move a Board towards a peer-led as good as peer-chosen Board. What does it meant for a Public While this might increase a peculiarity of IT professionals, it might result in increased costs of IT services for a Government Sector as good as consequently, a Private Sector as a costs of! accredi tation will be upheld down to a finish user. If you have been to lead in a IT global industry, you should be seeking outward as good as allowing a multiplying of IT creation rsther than than ring-fencing sure industries as listed in a CNII by forcing IT companies/staff to acquire accreditation prior to being authorised to lift out their services.
Ambiguity, Uncertainty as good as Arbitrariness
The gloomy of creation is a really genuine threat as a play upon words of what only a CNII is as good as a role of ! a CPA Bill is tough to tell from what accessible report you have. It calls in to subject whether a range of a CNII can be altered even but parliamentary input as a criteria for a CNII is motionless by a collection of supervision linked IT bodies as good as leads to arbitrariness as good as uncertainty. What if a single day, they turn around as good as motionless that E-commerce falls inside of a CNII's range as a some-more as good as some-more people change their shopping online? What would that meant for a numerous blog shops in Malaysia? Such doubt as good as arbitrariness hangs over a heads of all Malaysians as good as not only IT professionals.
Conclusion
The play upon words during a back of a check as good as a miss of conference is really worrying. While , a fact that a Board's appointment as good as numeration is motionless by a Minister. It might have wide implications upon a IT attention as good as a reach is now tough to discern. These writers would recommend that some-more conference as good as upon top of all, self-regulation would be a best to approach to go as a IT attention is dynamic as good as fluid as good as to umpire would to meant to sti! fle a glow that kindles it- innovation.
WHAT NOW?
1) Public Consultation a Ministry of Science, Technology as good as Innovation is carrying an open day for a Board of Computing Professionals Malaysia upo! n 13 Dec ember 2011 during 930am to 5pm during Dewan Perhimpunan, Aras 1, Blok C4, Kompleks C, Kementerian Sains, Teknologi dan Inovasi, 62662 Putrajaya, Wilayah Persekutuan. This event is open to a public.
2) Petition Against a Bill There additionally is a stream apply to opposite a Bill that can be foundhere ;
3) Facebook Community Against a Bill can be found here.
More Barisan Nasional (BN) | Pakatan Rakyat (PR) | Sociopolitics Plus |
No comments:
Post a Comment