By Staff
Wednesday, November 12 2003 09:04 AM
URL: http://www.zdnetasia.com/news/business/0,39044229,39157439,00.htm

SINGAPORE--The Computer Misuse Act passed on Monday, leading to concerns that the new and wide-ranging powers given to the government might lead to civil rights infringements.

According to reports in the local press, the new law allows the government to empower any person or organization to take pre-emptive action based on 'credible information' against computer terrorism.

This in effect means that persons can be held by the police even before they commit a computer crime.

The definition of computer terrorism includes threats to a computer system that could jeopardize national security, essential services, defence or foreign relations.

Some parliamentary representatives raised concerns over the new act, warning that the wide-ranging and open-ended provisions were necessary, they could become "an instrument of oppression itself", reported the Singapore daily, the Straits Times.

Senior Minister of State Ho Peng Kee said in response that the government did not detail the measures that the minister can take because of the fast changing nature of computer threats and that the broad definitions would give the security agencies latitude to decide what actions to take.

Ho said that MPs should not worry about abuse, and that law-abiding citizens did not need to worry about their privacy.

Fewer checks and balances
The MPs' questions point to the question of executive discretion, Straits Times daily writer Tan Tarn How said in a commentary.

While the Misuse Act was passed by the Singapore parliament and will be applied by the Singapore courts, it is the executive branch of government that carries out and enforces the Act. Given the broad provisions of the Misuse Act, the executive branch has a great deal of leeway and unclear boundaries to its powers.

He set out what he saw as the Singapore government's argument: "it would be too cumbersome to refer the details to Parliament, and it would be more efficient to allow the executive to change the rules as circumstances which require amendments to be made evolve."

Singapore has a reputation for strict political control. The country has positioned itself as an IT hub for Asia, with the electronics sector accounting for nearly half of all manufacturing activities. There is a growing emphasis on higher-end IT services, together with education, medicine and biotechnology.