Stop Section 114A of the Evidence Act 2012

Stop Section 114A of the Evidence Act 2012

Please have a look at the infographic above by clicking it for a larger version on the problem called Section 114A of the Evidence Act 2012, something that affects the Malaysian Internet industry and its users. To understand what the fuss is about, read this. You can also watch the video below.

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Paul Tan

After dabbling for years in the IT industry, Paul Tan initially began this site as a general blog covering various topics of personal interest. With an increasing number of readers paying rapt attention to the motoring stories, one thing led to another and the rest, as they say, is history.

 

Comments

  • Support by changing the fb profile pic to these images to create awareness.
    http://stop114a.wordpress.com/get-involved/facebook/

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    • its time to change the government.. really, i feel so fed up with all these stupid rule, tax, corruption..

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      • these shit jerks have been controlling TVs and newspapers, and now they want to control the internet, i hope this very same act will back-fire and “burn” them a.s.a.p.

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      • tsfatt on Aug 17, 2012 at 8:18 am

        “its time to change the government.” with this act gov can sue u on court….unless u can prove u mean others things… dont simply write ..

        I always believe “got criticism, got improvement”, I feel sad gov this move .. some maybe English not good and express the wrong thing!! and offense this act .. Op.. better write lesser if not, I have to proof I’m innocent more ..

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    • Janji the 3rd Parti on Aug 14, 2012 at 10:41 pm

      This jac lady is pretty hot …. I definitely would! :)

      She got brains too :)

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  • Summicron on Aug 14, 2012 at 1:06 am

    114a to legally clamp opposition voices in the blogosphere. Truth and facts doesn’t matter. As long as it puts the gov in bad light. Tangkap!

    OTOH, controversial pro-UMNO bloggers like apanama, bigdog (christian controversy), rocky bru are given full-page newspaper recognition in the recent “I Choose Malaysia” campaign.

    *Sigh* … do the right thing, guys. Vote wisely.

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  • tokmoh on Aug 14, 2012 at 1:18 am

    This law is effectively a license for the corrupt to run free while anyone who dared to whistle blow their wrongdoings will be prosecuted.

    If this law lives, brace yourself for more Enrons, Lehman Brothers, and more closer to Malaysia, Silverbird (producer of High 5 bread).

    The winners will be the social elite and corrupts. No one can prosecute them because those who do will face the full brunt of this law.

    The losers will be shareholders or taxpayers.

    Recent increasing numbers of massive financial scandals put a massive finger pointing towards auditors: why they didn’t warn such fraud being perpetrated? They had caused the shareholders (in the case of govt, the taxpayers) to lose big money.

    Fine, maybe auditors or any staff should warn, if they ever found such fraud at all. And when they do, it’s time to blow the whistle, yes?

    No.

    Well, look at Rafizi and the bank clerk. Can you see the dilemma? It’s a catch-22: whistleblow and you’ll get prosecuted like them. Don’t whistleblow, and the fraud will continue to grow like cancer until one day it will emerge on its own, dragging millions or billions of shareholders/taxpayers money down with it.

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    • drMpower on Aug 14, 2012 at 7:02 am

      blow what whistle?
      you sound like blowjobs to me
      catch what 22?

      what he should have done is whisper it to the right party. and his job is done.
      you may say if he did that, nothing might had happen and under carpet sweep thing.
      well that is your problem. u pre exempt.

      and now u are banging about tax payers corrupts lehman bros enron blah blah blah
      seriously u need to know exactly what u are on about
      the fact that matter is, this law provides an ample opportunity for u to be a more responsible internet user.

      so dont forget to sign out. and lock your passwords. and if you are a web administrator, screen the comments.

      there is always responsibility in freedom. there is nothing like ultimate freedom. show me one and pigs can fly.

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      • farizY on Aug 14, 2012 at 12:44 pm

        ??? Yeah, pigs can fly and Sharizat somehow didn’t know that her husband and son were granted a multi million ringgit project..LOL…nak jage rakyat, suami dengan anak kerja ape pun tak tahu…;p yeah, pigs can fly alright…

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      • baffled on Aug 14, 2012 at 1:04 pm

        I agree strongly with you drM..people seem to not get the idea..the main purpose of this act is to encourage people to be more responsible cyber user..all the examples given all point to one thing…NEGLIGENCE! without this act, people will not take serious on being a responsible internet user..u can post whatever you want even if the facts are not true..you can defame anyone knowing that there is no legal act that bounds you from doing so..i strongly agree this act to be implemented in the context of making all malaysian a more responsible cyber community..

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        • lol.. why you think like that? the purpose is to control rakyat rights.. do you think rakyat easily want to create story about government? you want kena tangkap? you go and see those anti PR blog.. how they create story.. so pity.. so unfair..

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        • Well said bro, there is no what in the world ultimate freedom, thats why u have laws. N this to prevent chaos, if no rules n law perhaps chaotic moment will come…. Maybe just maybe some individual will gain somethng during the chaotic time ,,,,, hohohohohoho
          Appreciate urself, ur family n ur current peace n stability

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        • polo saga on Aug 14, 2012 at 6:04 pm

          can strongly smell fishy smell of Be-Ended cronies from retarded drMpower and baffled, in fact they r same guy.

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      • MingZee on Aug 14, 2012 at 1:57 pm

        And yet you can assume that if he whispers it to the right “people”, the case can be brought up and the wrongdoers are prosecuted? The same logic can be said about you. It’s YOUR problem. YOU pre-exempt. Don’t use fancy words and fancy terms if you don’t have the right amount of brain matter to do so.

        There is a fine line with being responsible and having your freedom taken away from you. Whatever happened to “innocent until proven guilty?” I guess in YOUR world, that’s how the justice system is. So, please go to YOUR world and don’t come to ours.

        Goodbye.

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      • you thought heaven made by them? no… its not..

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      • Nicely put bro

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    • kerelbort on Aug 14, 2012 at 11:50 am

      whistle blower does not means print out the account and give it to external party. Any other country do the same. Swiss bank has stricter regulation where you can’t even view the account if you are a police man.

      Think before you act. Nobody would like their account to be printed and hand over to 3rd party, that’s why rich people have their account in foreign country i.e. Swiss or Oz.

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      • Well, if you follow the news, Swiss is getting more receptive towards anti money laundering measures…

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      • tokmoh on Aug 14, 2012 at 4:56 pm

        Don’t be inconsiderate. You’re fine with allowing crooks to getaway with their acts in the name of confidentiality?

        Perhaps you might want to settle all lawsuit costs against accounting firms which always unfairly get blamed whenever a financial scandal happens.

        As I have said above, it’s either we whistleblow or we allow the fraud to grow. Protection MUST be given to allow whistleblowers to act for the sake of national interest.

        Instead, whistleblowers get arrested or sued, while crooks run free, then they keep plundering, then bailouts after bailouts, all at the expense of taxpayers money, and you’re ok like this, all in the name of confidentiality?

        Make no mistake, accountants are bound by the code of ethics to be confidential, however, whenever issues regarding national interest or security is at threat, disclosures must be made, and power must be given for accountants to make disclosures.

        But of course, if you want absolute confidentiality, then prepare soon to hear billions of taxpayers money going down the drain, none of the cronies get prosecuted but the opposition for trying to warn the public.

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  • Hadi1975 on Aug 14, 2012 at 6:52 am

    This is what we call Malaysia Boleh…..CAKAP LAIN BUAT LAIN….ALL SLOGAN ONLY….

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  • ronnie tan on Aug 14, 2012 at 7:47 am

    GE coming- let your voce and vote count otherwise dont complain. all voting age malaysians MUST vote

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  • albag on Aug 14, 2012 at 8:01 am

    messing with the internet is messing with freedom of speech… democracy my arse!!!

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  • Donny on Aug 14, 2012 at 8:57 am

    A great law to stop political cyber troopers from polluting this automotive website!

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  • carlos on Aug 14, 2012 at 9:10 am

    Tokmoh, get your facts right.
    Rafizi was a whistleblower? you’re kidding me!! He was prosecuted because of BAFIA !! maybe you don’t mind strangers leaking your bank account details.

    For idiots out there, there’s a whistleblower act already in effect where information providers identity are protected. Information must go thru proper channel before any prosecution can take place.
    Rafizi did not exposed the NFC scandal.
    The Government’s Auditor General did, as part of government transparency exercise and NFC was already under investigation.

    This new act is to protect everyone and requires the internet user to be more responsible with what they have written, accurate instead of spinning the truth like tokmoh.

    Summicron,
    you have said it perfectly, that all this while, the opposition DOES NOT have to be responsible for their statement on the internet.
    Now the opposition will have to back up their statements with proper facts instead of just throwing in rubbish & craps.

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    • kerelbort on Aug 14, 2012 at 11:53 am

      cybertrooper might be lurking in this site currently, buried those comment that not in favor to them and dig those comment favoring them by voting.

      hint* IP spoofing.

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    • Summicron on Aug 14, 2012 at 1:34 pm

      You have misunderstood me completely.

      I’m saying the gov look set to be abusing freedom of speech. As usual there’ll be two sets of law. Freedom for pro-UMNO to spill bullshit. Prison for opposition and whistleblowers.

      Case in point, Rafizi with all his facts and numbers. Still our court deem those insignificant compared to Shahrizat ” … oh, I don’t know my husband and sons were involved in NFC …” .

      The opposition media would have been long gone and sued to death if what they wrote isn’t backed by proof and facts.

      Carlos, you are the idiot if you can’t see through all these regulation bullshit.

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    • Summicron on Aug 14, 2012 at 2:28 pm

      And let’s be reminded with this ammendment to 114A:

      You’re guilty before proven. The government can charge you for defamation without having to proof you’re guilty.

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    • tokmoh on Aug 14, 2012 at 2:35 pm

      And what if the very account details contain evidence of fraud being perpetrated?

      The matter will come to light to the public anyway, or rather it must! Else, Rafizi can be accused of talking bull without evidence.

      And yet look at what’s being done to him when he proves he has evidence! Where’s your whistleblower act now?

      You’re saying the biggest stakeholder, the rakyat, is the wrong channel to expose how the taxes they paid being mismanaged? An issue of public interest, yet the public are not allowed to know of it? Seems legit.

      Guilty until proven innocent doesn’t sound like a protection to me, unless it is meant to protect the likes of the accused corrupt.

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    • the opposition always giving fact to the rakyat! if any lack of fact, then they will drag to court. and see, who always win? but at the same time, utusan? how many time they lose? tell me now, who is the truth one! cmon, please use your brain..

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  • What is wrong with this nation! We have a chance to make a difference come next GE

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  • alldisc on Aug 14, 2012 at 9:34 am

    i truly hate this scenario. they are looking really desperate now.

    IT IS TIME TO CHANGE.

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  • Ha Gnih on Aug 14, 2012 at 9:39 am

    This law is to protect their own kind and the rest who are not happy with them or are against them shall be brought to THEIR justice. Like I said before, if you are so afraid those around you to spread seditious rumours, please clean up your acts and be useful for once because citizens do not simply create grapevine out of nothing. It must have been something that went terribly wrong. But oh well, what can I say, morons will always be morons no matter how politically influential they are.

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  • Leonardo on Aug 14, 2012 at 9:42 am

    Not good. “Saya pilih undi!” (I choose to vote).

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  • droll on Aug 14, 2012 at 9:44 am

    this law cannot be fairly enforced across the board. what if someone uses the govt’s wifi ap to post scandalous content? the govt sues itself? what if najib’s account gets hacked?

    they say it is easy to prove your innocence. i don’t think so. the folks behind this don’t quite understand how technology works.

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    • well, don’t worry for the najis and his jerks. They who are in power are not afraid of any act even if they are really guilty: they will create an aliby, excuses, scapegoats, and even “buat tak tau”. Worst still, when they want someone who oppose them “in trouble” they can “setup” that unlucky person easily. Histories of old and new have been showing us their endless autocratic behaviour..
      They might be able to mute us at all the medias, but they can’t mute our inner voices.

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  • Yes! Stop 114A!!

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  • Do you know IP address? location? Mac Address. Even if they hacked into your wifi, u can still prove its not you. owner of kopitiam? dont worry, through IP n mac address. police can trace you back. no worries about that. Comment? Unless you are too fucking lazy to monitor your 50comment. then you’re doom. I dont think most of us get more than 10 comments everyday. its too hard??? or just lazy?

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    • BadBET on Aug 14, 2012 at 10:47 am

      yes.. at the end of the investigation, a person may be proven innocent.. but be prepare to spend couple days or weeks in police lock up and spend more day at court trial.. then maybe you are proven not guilty.
      No body including you want to spend that much time for nothing. ARE YOU?
      p/s: but dont worry, a person once told me that the food in police lock-up is good. :p

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      • Hydro on Aug 14, 2012 at 11:57 am

        Well, I dont really know how the police work, how to identify a potential criminal, how the internet work. But I believe a criminal is not without any profile or background. There are initial signs and evidence. If 364 days you are being good, then suddenly one day ‘you’ start posting nasty stuff, out of your ordinary routine and profile, there must be something wrong. Maybe ‘you’ are not really you. Anyone including the police or the prosecutor will find it very suspicious. It can be sorted out without going o court.

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        • i just got to know about sec. 114a a while ago from this post..
          from what i understand.. the problem with this law is that – you are guilty until proven innocent
          so it does not matter how the police work or whether the prosecutor find it suspicious because – you are already guilty

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    • droll on Aug 14, 2012 at 1:06 pm

      i’m sorry to burst your bubble.
      1. ip address – can spoof.
      2. location – what location? this is based on ip address. also can spoof – see #1
      3. mac address – are you kidding?? hahahaha. can spoof too!

      how are you going to prove it is not you who did it when they hack your wifi? tell me. you are at home at 9pm watching TV. your laptop is connected to the wifi. someone hacks the wifi at 9:15pm and posts something.

      then what? your router got logs? your PC got logs?? all you have is an IP address that came from YOUR wifi AP and a MAC address that could’ve been spoofed to look like it came from your laptop. then what?

      my friend, i can spoof all these in less than 10 seconds and i don’t even need a PC to do it. i can do it from my phone.

      the internet was never really created with secure protocols in the first place. what ssl is secure?? i can show you how to hack a maybank2u ssl session in less than 1 minute friend. and again, all done from a phone in a pocket and nobody would suspect anything when it’s being done.

      the bottom line is this: you are GUILTY until proven innocent. what kind of law is this? if you cannot prove yourself innocent then it is game over for you. there are a lot of people out there who are not tech savvy. they have a wifi installed by TM via unifi or maybe streamyx and they use it happily day to day. pray tell me, how do they prove their innocence 100% of the time?

      this law is flawed. it should be modified or revoked.

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      • noname on Aug 14, 2012 at 3:51 pm

        It should be repealed for good! it shouldn’t have passed and gazetted!

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    • do YOU know ip addresses/location/mac addresses?
      for the average user / common businesses – they do not keep track of the devices connecting to their wifi/network..
      so there is no way for them to prove that they did not do it..

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    • So if someone use your pc where you negligently left and post bullshit and got into trouble, it is YOU who has to prove that it is not you? Oh right. Guilty until proven innocent.

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  • Alexandro on Aug 14, 2012 at 10:34 am

    Thank to /paultan.org/ – supporting the Stop Section 114A. Internet Media Practitioners/players knows better. So others internet users should know their right better.

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  • Aelfii on Aug 14, 2012 at 10:43 am

    Agreed with you all…this is nonsense!! It is all about the political issues!!!! Stupid Goverment!!

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  • ragers on Aug 14, 2012 at 11:48 am

    ‘so dont forget to sign out. and lock your passwords. and if you are a web administrator, screen the comments.’

    seriously DrMpower, i can accept that sign up & lock password thing, but do u expect the kopitiam & mamaks have their own web administrators to screen every user? how stupid are u really?

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    • droll on Aug 14, 2012 at 1:09 pm

      signing out and locking passwords screen comments etc will not cover you 100% of the time. if your password is compromised (and it is very easy in a lot of situations to compromise someone’s passwords) – then what?? did you setup the 2.5 terabyte SAN storage to keep all your logs for 7 years because you don’t know when in the past someone’s posting can come back to haunt you?? did you enable C2 level logging? and after all that, have you secured your logging system? common, the average joe and moe will never have a clue on how to do this, and we’re not even talking about the costs of setting this up yet.

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  • kerelbort on Aug 14, 2012 at 12:04 pm

    I agree to stop 114A from taking effect. Don’t change the government, Change the Information Minister instead as this come from them.

    but what I more keen to implement

    1) People are educated enough to take responsibility on what they said on the net
    2) People are matured enough to discuss area of importance to bring the best to the country
    3) People are kind enough not to use profanity while discussing subject matters
    4) People really read the issue before commenting

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  • Expatriate VN on Aug 14, 2012 at 12:42 pm

    There are over 3 billion websites in this universe! So this jaguh kampung 114A act can control the content of all websites. My foot, this is another desperate attempt to create “fear factor” to close the critic mouth! dream on, the G always think the people need to be control by archaic law? Let it be realistic, it should be self-regulated!

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  • maajeeedaaa on Aug 14, 2012 at 1:19 pm

    Looks like paultan.org gonna be charged under sedition already…hohohoho…just joking…say no to 114A

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  • zidane on Aug 14, 2012 at 1:20 pm

    whichever current G or future G, the measure will be the same… they will do something to curb any resistance towards them…

    DSAI is known for controlling media during his time…

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    • raven on Aug 14, 2012 at 5:44 pm

      hahahaha..
      umno fan always say like that…

      if they do bad things, other will do the same..

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      • zidane on Aug 17, 2012 at 10:32 am

        I am a non-partisan…

        this only UMNO/BN/PKR/PAS/DAP hardcore supporter will keep arguing…

        I as silent voter will let you all fight and enjoy the result…

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  • jawajambu on Aug 14, 2012 at 1:32 pm

    need more r&d on cyber or internet application. maybe we need to add an additional password for individual user when we’re sharing the same IP address

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  • X2114A on Aug 14, 2012 at 2:56 pm

    I see them all the time….they are everywhere. They don’t know they are dead, brain dead.

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  • Abu Amir on Aug 14, 2012 at 3:27 pm

    This gov. all ready dead and corrupted.

    Vote for change this PRU13……

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  • disgusted on Aug 14, 2012 at 3:31 pm

    If our elected MP’s cannot even understand such fundamental law of human right, then we should get rid of them. Let someone more competent represent us.

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  • carnut on Aug 14, 2012 at 7:00 pm

    its easy to control Tv, radio and newspapers.. unfortunately.. the internet is interactive and ever-changing.. thats why it can never be controlled.

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  • What a bloody joke……
    Hey semua MP were passing motion isit when the motion was caried out ?

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  • anti-first on Aug 14, 2012 at 10:10 pm

    oh come on people, lighten up! can’t you guys see that this law is obviously for the “hard-working” government cybertroopers? :)

    even they need a break now and then from the onslaught of anti-government vitriol every single day!

    but now, they can take that overdue long balik kampung / vacation / break than usual as the alleged poster/perpetrator is already “guilty” and therefore, “less monitoring” work to do ma.

    despite all the pro/anti-government or pro/anti-opposition stuff we all digest in some way or another, you can’t be dissatisfied or angry and later channel that energy into posts every single day! so come on…..take a deep breath, go out jogging, take the dog for a walk or whatever activity that you like to do….live a little okay!

    last but not least, thanks to paultan for this info on 114A!

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  • nighttrain on Aug 14, 2012 at 10:23 pm

    The Borg manifest as cybernetically-enhanced humanoid drones of multiple species, organized as an interconnected collective, the decisions of which are made by a hive mind, linked by subspace radio. The Borg inhabit a vast region of space in the Delta Quadrant of the galaxy, possessing millions of vessels. They operate toward the fulfilment of one purpose: to “add the biological and technological distinctiveness of other species to [their] own” in pursuit of “perfection.” The concept of perfection is the unifying idea at the core of the Borg. The pursuit of an unemotional, mechanical perfection is the Borg’s only motivation. This is achieved through forced assimilation, a process which takes individuals and technology, enhancing and controlling them.
    Resistance is futile. Hahahahaha…

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  • anonymerz on Aug 14, 2012 at 11:34 pm

    Law is always good BUT depend on how and who execute it. But seems like Law is not properly executed on xxx where “corruption everywhere biar you tahu and you cant touch me!!”. Obviously the Law xxx intended to create is to make all of us shut up in internet when they show you “corruption everywhere biar you tahu and you cant touch me”

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  • Archangel on Aug 15, 2012 at 5:05 am

    I protest this nonsense Section 114A of the Evidence Act 2012.

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  • Obama on Aug 15, 2012 at 10:03 am

    We must act when the time comes!

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  • GreenFuel on Aug 16, 2012 at 6:07 pm

    Just imagine, some one can spoof your account and post something bad in Paultan.org, then you will be in deep shit finding all the evidence to proof you are innocence. Even you manage to proof you are innocence, you may loose your job because you are being lock up for a few days, missing from work a few days looking for the evidence. This is the only law in the world that say you are guilty until you can proof you are innocence. As for those serious criminal, the police still need to work hard to find the evidence to proof the criminal is guilty, and yet a lot of case is being dropped due to lack of evidence. Do you think it is so easy to proof us innocence?

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  • zidane on Aug 17, 2012 at 10:38 am

    Tacitus said…

    “The more corrupt the state, the more numerous the laws.”

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