Sei sulla pagina 1di 18

1.

0 Introduction

Cybercrime? This issue is not a new issue arising in the multiracial society in our country.
This issue has long been said, especially after the launch of the Multimedia Super Corridor.
Since the widespread use of internet technology, all the developments in computers,
especially the cyber era, have been gaining more attention and published through the
websites. Among the cliche issues that exist are the emergence of cyber criminals known as
'hackers'. Now we can see that these computer intruders are actively implementing their
'work' through cybercamp.

Currently, e-commerce websites have been commercially used, with many entrepreneurs and
traders using e-commerce websites to do business online. If an individual or company is
interested in doing business online, the e-commerce website is one of the websites that is
suitable for them. Indirectly, this e-commerce has had the greatest impact on the economic
improvements in our country. The rapid and rapid development of the economy has
profoundly affected, especially for developing countries and mutual competitiveness.

These things bring people into dystopian. These negative effects affect our social lives and
affect the minds of the community. For example, obscene behavior is learned by teens such
as speech, behavior and social life. Gradually, people began to learn bad habits. This also
causes moral and moral values to be eroded as well as immoral activities will be widespread
from day to day.

1
2.0How does cybercrime give impact to business

2016 Malaysia CYBERCRIME REPORT

This Figure shows the research on cybercrime for Asian country and malaysia have the
largest number in cybercrime the last three year .the involvement of cybercrime in business
show as below.

1. Cybercrime against property

a) Curiosity

- This crime involves criminals involved with crime steal information, steal money, steal
property and even steal services. This kind of stolen crime is the same in terms of its concept
of stolen criminal crime. The only difference is in the approach where thieves in cyberspace
conduct stealing activities using an invisible approach

2
b) Fraud

-For this category of cyber criminals, criminals use false statements and also misjudgments to
persuade victims to separate from their property or other valuable items voluntarily. Such
criminal acts often occur in cyberspace through the internet in the form of pyramid systems
or multi-level marketing, business or franchise opportunities, auctions, massive sales, credit
card offers, advance loans and job opportunities. Through this medium, criminals use the
internet to convey false statements to victims, the statement is then communicated via the
website or in direct email to the victim.

c) Counterfeiting

Cyber-cybercrime in this cyber realm also means with the intention of altering a document
and / or with the intention of using the modified document for the purpose of deceiving a
person. The cybercriminals may use a computer to amend or create false documents or
electronic documents posted on a typical web site.

d) treason

- This treacherous cyber criminals include computer virus, cyber vandalism, criminal
invasion (cyber trespass), robbery and theft.

3
2. Cyber Crimes against Human

a) Distribution of pornographic materials

-As we all know, the content of the most popular web site on the internet involves the display
of pornographic materials, whether in pictures, sound effects, animated films or sexual
stories. These materials are readily available and sometimes there is no direct restriction for
users to acquire those pornographic materials.

b) Pornographic Activity

-In addition to pornography as pornographic material, pornography itself is a criminal


offense. For example, frequent pornographic activities are illegal intercourse, sex with
children, lesbian and gay activities as well as human sex activities with animals. The problem
of pornography involving the internet actually creates a bit of a problem as the internet itself
is not bound to cause uncertainty whether it is a criminal offense or not. So we can see there
is little difficulty in proving this pornographic crime through cyberspace.

c) Cyberspace (cyber-stalking)

-Activity has become a trend in today's globalization era. Undoubtedly, many of us who do
this activity do not know that it is one of cyber crime. What's worse, it affects one's life by
threatening or scaring the victim. Here we can see there is a bad goal.

d) Cybersecurity

- This cyber harassment can be done by sending messages such as pornographic pictures as
well as messages that may cause the message recipient to be disrupted. Such disorders are
communicated via email, use of web pages and also in chat rooms) chat programs).

4
E) Credit Card Fraud

This issue has been raised as a result of cases of irregularities in the use of this widespread
credit card. The first issues to be scrutinized here are issues related to theft. In this case,
stealing credit card data is increasingly widespread in various transactions such as airlines
booking, hotel accommodation, tour packages and computer purchases and electrical
equipment.

In view of the above case, theft involved is related to theft of the credit card owner's
information. The sophistication of this credit card counterfeiting technology has provided
cashiers with sophisticated data scanners and smaller than the size of the 20-cigarette
cigarette box to swap the victim's credit card. Then, the data will be sent to syndicates
through various means such as email and sms to clone credit cards or make online
reservations. This suggests that stolen crimes have been committed by parties who take secret
data on the credit card without the consent of the credit card owner.

According to Section 403 of the Penal Code relating to misappropriating property, provides
that 'Any person who fraudulently abuses or makes for his own use or causes any person to
dispose of any property shall be punished with imprisonment for a period of not less than six
months and not more than five years and whipping and may also be penalized.
Misappropriation of misappropriation of property does not need to be taken from the
ownership of the victim, simply the property has been misused by criminals. Therefore, the
act of abusing the property fraudulently refers to the use of property which is not his own
property and the property of others for his own benefit and use.

5
f) Identity Theft

Identity theft occurs when someone steals information and uses it without permission for any
purpose. It can happen to anyone regardless of age and genderThey are willing to investigate
the victim's waste bin for information such as utility bills, credit card balances, financial
statements and so on. They are also willing to disguise as workers from legal organizations
such as from banking, medical and government offices solely to deceive the victim to
disclose personal information of the victim, after the victim is deceived and believe the
impersonation.

In cyberspace, there are 4 types of modus operandi used by criminals to get personal
information:

Using hacking techniques


Using physically stolen techniques (stolen laptop computers, smartphones, etc.)
Using social engineering techniques (phone, email and physical impersonation)
Using social media techniques (information manipulation through social media
websites)
What can they do with the identity that has been stolen?

If criminals have been able to obtain information that can be used to develop an identity,
criminals can perform various activities whether legitimate or unlawful in Malaysia's
jurisdiction.

Criminals can empty the victim's bank and credit card account
Criminals may file for credit cards, financial loans, insurance or real estate
Criminals may apply for telecommunication services such as telephone, internet or
broadband
Criminals can apply for work
Criminals may apply for citizenship rights
Criminals can escape from authorities by using stolen identity

6
3.0 The steps to overcome cyber crime

The steps to overcome cybercrime are recognizing the danger of cyber crime threats to the
community, law enforcement needs to be enhanced. Among the efforts to help prevent this
phenomenon is the establishment of Cyber Security Malaysia. It is among others a
coordination body for national cyber security initiatives. The agency also helps reduce the
weakness of the Information and Communications Technology (ICT) system and also plays
an important center of expertise and reference in information security under the Ministry of
Science, Technology and Innovation (MOSTI). Enforcement through law should also be
tightened in parallel to the more challenging current situation with increasingly sophisticated
cybercrimes. At present, various laws have been established in the effort to nurture cyber
security culture, including the Printing Presses, the Press and Publications Act 1984, the
Broadcasting Act1988, the Sedition Act 1984, the Official Secrets Act 1912 and the
Communications and Multimedia Act 1998 that restrict the information that may printed and
circulated to the public.

I. Steps to overcome credit card fraud

Guide to protecting your credit card


Sign your credit card as soon as you receive it
Do not allow others to use your credit card
Do not disclose credit card details to unauthorized persons as they can use it to make
purchases by phone, mail order or internet.
Be sure to deduct your expired credit card after receiving a replacement card to
prevent cloning or misuse of the card.
Check all the details on the payment slip before signing or confirming each
transaction.

7
II. Theft identity as a serious crime

Under the Malaysian law, the Communications and Multimedia Act, Section 233, it is an
offense when an individual subscribes to the communications and multimedia services with
intent to commit fraud or treason.

The above paragraph means that any person who registers the communication and
multimedia services by using another person's identity for fraudulent or treasonous purposes
is a violation of the law of Malaysia and may be subject to a maximum fine of RM
300,000.00 or 3 years in prison or both once.

The Malaysian government sees the crime of identity theft as a serious crime that can destroy
the financial, credit history and reputation of the victim in an instant. It also results in great
damage to one's life, which requires time, money and patience to solve problems related to
identity theft.

III. LAW

In addressing this cyber crime, one of the key solution paths is to use the law as a guideline
and to control any violation of the prescribed guidelines. If, in the event of a breach, the
offender shall be punished in the form of a fine or imprisonment. Whenever the offender
receives his sentence, it indirectly enables the public to not repeat the same mistake.
Therefore, to address this cyber criminal problem, some laws have been enacted such as the
Communications and Multimedia Act 1998, the Communications and Multimedia
Commission Act 1998, the Digital Signature Act 1997, the Computer Crime Act 1997, the
Telephony Act 1997 and the Copyright Act. This wide range of laws is necessary to cope
with the wide range of cybercrime and includes various forms and means.

8
IV. GOVERNMENT BODY

The government also plays an important role in addressing this cyber criminal problem.
Among the efforts undertaken were the establishment of special agencies such as Cyber
Security which is one of the agencies under the Ministry of Science, Technology and
Innovation. Cyber security has carried out various efforts to address cyber crime, among
which is Cyber999 which is a service that facilitates reports made by consumers when faced
with cyber issues such as harassment, intrusion and fraud. In fact, Cyber Security also
performs various other efforts such as 1Malaysia Cyber Security Clinic, Cyberguru:
Information Security Professional Training, MyCert and so on. These efforts are important in
efforts to provide awareness and awareness to consumers and the community about
cybercrime and how to address them.

V. NON-GOVERNMENT ORGANIZATION

The existence of laws and government efforts alone is not enough to deal with this cyber
criminal issue, but it also requires the cooperation of non-governmental organizations,
whether NGOs, organizations, media or society as a whole. This is because, the
understanding and knowledge of the people on cyber crime should be established so that they
know their rights apart from knowing the mistakes inherent in handling cyberspace.

Trend Micro Incorporated, which has launched the Internet security community initiative, -
'Trend Family', aims to educate families, youth and children in Malaysia to protect digital life
them. This is in line with the national agenda to promote cyber security and safe-practice in
Trend Micro, in collaboration with Cyber Security Malaysia (CSM) and the International
Telecommunication Union's International Multilateral Partnership Against Cyber Threats
(ITU-IMPACT) safer. 'Trend Family' is a virtual family comprising the real life of
Malaysians who share personal experiences in cyberspace that share guidelines on protecting
personal digital life, family members through sharing events and seminars in the form of
articles, blogs and social media.. For example, Berita Harian was appointed as a Cyber Crime
Campaign Partner along with 10 other agencies through an initiative launched by the Lim
Kok Wing University. This allows the press to focus more on providing information related
to cyber crime.

9
4.0The provision provided under the related law and regulations for cyber crime

Criminal and Traditional Relevant Statutes for Controlling Cyber Crime.

1. Crime Scaring Crime

- Section 503 of the Penal Code

2. Newspaper Crime / Genius Statement

- Section 505 of the Penal Code

- Section 233 of the Communications and Multimedia Act 1998

news of the possibility of a riot on Jalan Chow Kit, Kuala Lumpur and it is widespread and
almost all the owners of the e-mail computer have received the news

3. Defamation Crimes

- Section 499-502 of the Penal Code

- Section 233 of the Communications and Multimedia Act 1998

4. Sexual Harassment Crime

- Section 354 & Section 509 of the Penal Code

5. Pornography Crime

- Section 292, Section 372-377 of the Penal Code

- Women and Girls Protection Act 1973

- Section 2 & Section 7 of the Printing Presses and Publications Act 1984

10
Malaysia has also enacted cyber laws as shown below:

1. The Digital Signature Act 1997: The Digital Signature Act 1997, enforced on the 1st
of October 1998, is an enabling law that allows for the development of, amongst
others, e-commerce by providing an avenue for secure on-line transactions through
the use of digital signatures. The Act provides a framework for the licensing and
regulation of Certification Authorities, and gives legal recognition to digital
signatures. The Controller of Certification Authority, who has the authority to license
and regulate Certification Authorities, was appointed on the 1st of October 1998.

2. The Communications and Multimedia Act 1998: The Communications and


Multimedia Act 1998 which came into effect on the 1st of April 1999, provides a
regulatory framework to cater for the convergence of the telecommunications,
broadcasting and computing industries, with the objective of, among others, making
Malaysia a major global centre and hub for communications and multimedia
information and content services.The Malaysian Communications and Multimedia
Commission was appointed on the 1st November 1998 as the sole regulator of the
new regulatory regime.Although regulation in the form of licensing is provided for,
one of the cornerstones of the new regulatory framework is self-regulation by the
various industries, including the ICT and multimedia content industries.
The Copyright (Amendment) Act 1997: The Copyright (Amendment) Act 1997 which
amended the Copyright Act 1987 came into force on the 1st of April 1999, to make
unauthorised transmission of copyright works over the Internet an infringement of
copyright. It is also an infringement of copyright to circumvent any effective
technological measures aimed at restricting access to copyright works. These
provisions are aimed at ensuring adequate protection of intellectual property rights for
companies involved in content creation in the ICT and multimedia environment.

11
3. The Telemedicine Act 1997: is intended to provide a framework to enable licensed
medical practitioners to practice medicine using audio, visual and data
communications. To date, the Telemedicine Act has yet to be enforced. An Act to
preside for the regulation and control of the practice of telemedicine; and for matters
connected therewith.

4. The Computer Crimes Act 1997: effective as of the 1st of June 2000, created
several offences relating to the misuse of computers. Among others, it deals with
unauthorised access to computer material, unauthorised access with intent to commit
other offences and unauthorised modification of computer contents. It also makes
provisions to facilitate investigations for the enforcement of the Act.
:

PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited
as the Computer Crimes Act 1997.

(2) This Act shall come into force on such date as the Prime Minister may, by
notification in the Gazette, appoint. Interpretation 2.

(1) In this Act, unless the context otherwise requires computer means an
electronic, magnetic, optical, electrochemical, or other data processing device, or a
group of such interconnected or related devices, performing logical, arithmetic, 6
Laws of Malaysia ACT 563 storage and display functions, and includes any data
storage facility or communications facility directly related to or operating in
conjunction with such device or group of such interconnected or related devices, but
does not include an automated typewriter or typesetter, or a portable hand held
calculator or other similar device which is non-programmable or which does not
contain any data storage facility; computer network means the interconnection of
communication lines and circuits with a computer or a complex consisting of two or
more interconnected computers; computer output or output means a statement or
a representation whether in written, printed, pictorial, film, graphical, acoustic or
other form (a) produced by a computer; (b) displayed on the screen of a computer;
or (c) accurately translated from a statement or representation so produced; data

12
means representations of information or of concepts that are being prepared or have
been prepared in a form suitable for use in a computer; function includes logic,
control, arithmetic, deletion, storage and retrieval and communication or
telecommunication to, from or within a computer; premises includes land,
buildings, movable structures and any conveyance by land, water and air; program
means data representing instructions or statements that, when executed in a computer,
causes the computer to perform a function.

(2) For the purposes of this Act, a person secures access to any Computer Crimes 7
program or data held in a computer if, by causing a computer to perform any function,
he (a) alters or erases the program or data; (b) copies or moves it to any storage
medium other than that in which it is held or to a different location in the storage
medium in which it is held; (c) uses it; or (d) causes it to be output from the computer
in which it is held whether by having it displayed or in any other manner, and
references to access to a program or data and to an intent to secure such access shall
be construed accordingly.

(3) For the purposes of paragraph (2) (c), a person uses a program if the function he
causes the computer to perform (a) causes the program to be executed; or (b) is
itself a function of the program.

(4) For the purposes of paragraph (2) (d), the form in which any program or data is
output and in particular whether or not it represents a form in which, in the case of a
program, it is capable of being executed or, in the case of data, it is capable of being
processed by a computer is immaterial.

13
PART II OFFENCES Unauthorized access to computer material

3. (1) A person shall be guilty of an offence if (a) he causes a computer to perform


any function with intent to secure access to any program or data held in any computer;
(b) the access he intends to secure is unauthorized; and (c) he knows at the time when
he causes the computer to perform the function that is the case. (2) The intent a person
has to have to commit an offence under this section need not be directed at (a) any
particular program or data; (b) a program or data of any particular kind; or (c) a
program or data held in any particular computer.

(3) A person guilty of an offence under this section shall on conviction be liable to a
fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding
five years or to both. Unauthorized access with intent to commit or facilitate
commission of further offence

4. (1) A person shall be guilty of an offence under this section if he commits an


offence referred to in section 3 with intent (a) to commit an offence involving fraud
or dishonesty or 10 Laws of Malaysia ACT 563 which causes injury as defined in the
Penal Code [Act 574]; or (b) to facilitate the commission of such an offence whether
by himself or by any other person. (2) For the purposes of this section, it is immaterial
whether the offence to which this section applies is to be committed at the same time
when the unauthorized access is secured or on any future occasion.

(3) A person guilty of an offence under this section shall on conviction be liable to a
fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a
term not exceeding ten years or to both. Unauthorized modification of the contents of
any computer

5. (1) A person shall be guilty of an offence if he does any act which he knows will
cause unauthorized modification of the contents of any computer. (2) For the purposes
of this section, it is immaterial that the act in question is not directed at (a) any
particular program or data;

14
(b) a program or data of any kind; or (c) a program or data held in any particular
computer. (3) For the purposes of this section, it is immaterial whether an
unauthorized modification is, or is intended to be, permanent or merely temporary.

(4) A person guilty of an offence under this section shall on conviction be liable to a
fine not exceeding one hundred thousand ringgit or to imprisonment for a term not
exceeding seven years or to Computer Crimes 11 both; or be liable to a fine not
exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not
exceeding ten years or to both, if the act is done with the intention of causing injury as
defined in the Penal Code. Wrongful communication

6. (1) A person shall be guilty of an offence if he communicates directly or indirectly


a number, code, password or other means of access to a computer to any person other
than a person to whom he is duly authorized to communicate. (2) A person guilty of
an offence under this section shall on conviction be liable to a fine not exceeding
twenty five thousand ringgit or to imprisonment for a term not exceeding three years
or to both. Abetments and attempts punishable as offences

7. (1) A person who abets the commission of or who attempts to commit any offence
under this Act shall be guilty of that offence and shall on conviction be liable to the
punishment provided for the offence. (2) A person who does any act preparatory to or
in furtherance of the commission of any offence under this Act shall be guilty of that
offence and shall on conviction be liable to the punishment provided for the offence:
Provided that any term of imprisonment imposed shall not exceed one-half of the
maximum term provided for the offence.
Presumption 8. A person who has in his custody or control any program, data or 12
Laws of Malaysia ACT 563 other information which is held in any computer or
retrieved from any computer which he is not authorized to have in his custody or
control shall be deemed to have obtained unauthorized access to such program, data
or information unless the contrary is proved.

15
5.0Conclusion

Cybercrime is a form of crime that we ought to have avoided or we can not. Cyberlaw is one
of the tools used by a country to fight and control cybercrime, especially in the case of growing
cybercrime in the region. Like the offenders of law and law enforcement.

To the government more firmly in handling cybercrime cases. And to IT specialists in order to
make data protection programs more optimum so that cybercrime cases can be minimized.

Special Support for Special Institutions: This institution is required to provide information
about cybercrime, socialize intensively to the community, and conduct specialized research in
cybercrime prevention.

Use of encryption to improve security. The use of encryption is by changing the data that is
transmitted so it is not easy to tapped (plaintext changed to chipertext). To improve security
authentication (use of user_id and password), use of encryption is done at socket level.

16
Refences

1. Jump up ^ Staff. The COE International Convention On Cybercrime Before Its Entry
Into Force, UNESCO, JanuaryMarch 2004
2. www.freemalaysiatoday.com/category/nation/.../cybercrime-on-the-rise-say-police/
3. english.astroawani.com/topic/cyber-crime
4. www.cybersecurity.my www.themalaymailonline.com/.../its-time-malaysia-
introduces-legislation-to-curb-cyb
5. http://www.thestar.com.my/business/business-news/2017/05/20/rates-of-cyber-crime-
higher-now/

17
Appendix

18