CYBER CRIMES IN MALAYSIA AND U.S.A.: WHAT SHOULD WE DO IN MALAYSIA?

8/9/2019 CYBER CRIMES IN MALAYSIA AND U.S.A.: WHAT SHOULD WE DO IN MALAYSIA?

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PENDIDIKAN DAN BAHASA

SEPTEMBER 2011 (SMP KHAS)

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ENGLISH FOR WRITTEN COMMUNICATION

NO. MATRIKULASI : 751225031!001

NO. KAD PENGNEALAN : 751225031!

NO. TELEFON : 01" 270137

E#MEL : $%&'&*+%&%,-%./

PUSAT PEMBELAARAN : KELANTAN LEARNING CENTRE


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1. INTRODUCTION

Over the last fifteen years, the increase in technology and the use of computers in both

the personal and business sector has increased remarkably. This increase has bought

changes in all areas of society including such areas as telecommunication, banking and

finance, insurance, electric power, oil and gas, human health, transportation, education

system etc. These industries have not only improved but are now more and most fully

dependants on information technology for routine daily operation. This rapid technology

progress advance has well and truly ensured that in future everything is in a single finger.

The rapid growth of the internet and computer technology over the past few years has led

to the growth in new forms of crime-dubbed cyber crime- throughout the world.

Cyber crime could be defined as a new variety of crime, which is either perpetrated using

computers, or is something which related to them. Its origin can be traced to the growing

dependence on computers in modern life. Cyber crime has assumed creepy implications

today as everything from washing machine and water supply to nuclear power plants is

being run on computers. owadays, the world is stirring towards a solution where most

of it is relying on information through the IT. This e!ponential growth, and the increase

in the capacity and accessibility of IT align with the drop off in cost, has brought aboutinnovative changes in every aspect of human evolution, inclusive crime.

"s a result, the increased capacities of knowledge management today through IT come at

the cost of increased vu Inerrability. Information technology has begun to produce

criminal opportunities of a variety that the brightest criminals of yore could not even

begin to dream about. The criminal of this uses computer to cyber crime against persons,

against property and against government. ational #esearch Council in their paperwork

$Computers at #isk%, &''& (uoted as $The modern thief can steal more with a computer

than with a gun. Tomorrow)s terrorist may be able to do more damage with a keyboard

than with a bomb%. In addition, this statement in other word could be defined as a

challenge and risk with the technology if wrongly used could provide more disaster rather

than benefits to human kind. *ost importantly, this disaster could affect anything and the

&


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role of computer as the ob+ect to create a crime, as a tool to commit the crime and as an

environment or conte!t to play as a non substantial role in the act of crime.

In history the first recorded cyber crime in the world took place in the year &0 where

oseph-*arie ac(uard, a te!tile manufacturer in /rance, produced the loom. This device

allowed the repetition of a series of steps in the weaving of special fabrics. This resulted

in a fear amongst ac(uard)s employees that their traditional employment and livelihood

were being threatened. They committed acts of sabotage to discourage ac(uard from

further use of the new technology.

"ccording to Online ikipedia, computer crime, or cyber crime, refers to any crime that

involves a computer and a network. The computer may have been used in the commission

of a crime, or it may be the target. "nother definition provided by Online 1earch 1ecurity,

cyber crime is a term for any illegal activity that uses a computer as its primary means of

commission. /afinski, 2 *inassian 3004 (uoting all 30054, define cyber crime as

$the transformation of criminal or harmful behaviors by networked technology%, while

ilson 30054 puts it simply as a $crime that is enabled by, or that targets computers%.

Cyber 1ecurity of *alaysia stated that there is no comprehensive definition of cybercrime. "ccording to *alaysia Cyber 1ecurity, they have defined the cyber crime into

three categories as below6

hen information and communications technology 3ICT4 systems and intellectual

property become targets of e!ploitation, intrusion, identity and information theft.

hen ICT devices are used as means to commit crimes. /or e!ample, computers

at home are used to run malicious programs to intrude other computers to steal

money, identity and passwords.

here the ICT devices are used as mediums of committing crimes. /or e!ample,

sedition, disharmony or unrest, slandering and instigating at higher scale come

under this category.


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*eanwhile, the 7.1. 8epartment of ustice 38O4 broadly defines computer crimes as

$any violations of criminal law that involve knowledge of computer technology for their

perpetration, investigation, or prosecution.% "nother definition by 9avan 8uggal who is

9resident of www.cyberlaws.net and consultant define cyber crime as $"ny criminal

activity that uses a computer either as an instrumentality, target or a means for

perpetuating further crimes comes within the ambit of cyber crime.%

It would be concluded that the cyber crime definition as a utili:ing computer technology

or any related to it for unlawful acts as a tool or target to provide damaging and loss to

personal belongs.

2. CONTENT

2.1. CBER CRIME CLASSIFICATION

"ccording to 9avan 8uggal who is 9resident of www.cyberlaws.net and consultant to

7CT"8 and 7;1C"9 on Cyber law and Cyber crime, cyber crime basically

could be divided into < ma+or categories as below6

%. C-4 /+4 %%+&6 846&6

This category also so called as cyber harassment. =arious type of cyber

harassment occur or getting through the cyberspace. It committed of various

crimes such as transmission of child-pornography, trafficking or posting or

distributing and dissemination of obscene material via internet, email

spoofing, cyber defamation 3someone publishes defamatory matter about

someone on a website or sends e-mails containing defamatory information4

and cyber stalking 3spying and individual)s activity over the internet4.


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. C-4 /+4 %%+&6 884-

The suitable definition for this category is any crime against all form of

property. /or instance computer vandalism such as leaking of confidential

data, transmitting computer virus, unauthori:ed control or access to computer

system, credit card fraud, intellectual property crimes 3software piracy,

copyright infringement, trademark violation4 and internet time theft.

/. C-4 /+4 %%+&6 94&4&

The growth of internet has shown that the medium of cyberspace is being used

by individuals and groups to threaten the international governments as also to

terrori:e the citi:ens of a country. "nother e!ample for these types is forgery,

cyber terrorism, web +acking, I#C crime, 1alami attack and denial of service

attack.

*eanwhile, outer Teepe 30054 in his research $Centre for Cyber crime

1tudies Technological, organi:ational and legal e!pertise united% provides an

initial classification of cyber crime and could be depicted as figure below6

F+4 1: C;%66+


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2.2. COMPARISON OF CBER CRIMES IN MALASIA AND USA

There are lots of similarities between cyber crime in *alaysia and 71" and the basic

fundamental of this still in the corner. In fact, compare to 71, there are not many laws

governing the cyberscape in *alaysia. 1ince &''5 the *alaysian parliament has

developed few cyber laws which reasons to prevent and control of this crime. The

enacted law which has been released by *alaysian *ultimedia and Communication

1ecurity as below6

F+4 2: M%;%-6+%& C-4 L%$

*alaysian Computer Crime "ct &''5 essentially covers crimes resulting in violation

against any of the $three 3


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F+4 5: P6++& %&* O4 I;;4%; C-4 S4?%; A/+9++46=

C-4 T4+6= S8% %&* C66 B*4 %&* +6*+/+&%; I6646

In *alaysia, the *alaysian 9olice formed the Technology Crime Investigation

Aranch 3TCIA4 in October &'' and this team has been positioned under Commercial

Crime Investigation 8ivision. The officers in the TCIA are specially trained in

cybercriminal investigation methods and also lend its assistance to overseas

enforcement agencies in investigating online gambling, hacking and illegal

distribution of pirated software. Bovernment role not only to ensure but also to aware

that technological innovation and the deviousness of human minds would mean that

the law as well as enforcement must not only keep up with cybercriminals, but it

re(uire their officers are one step ahead of cybercriminals, ready to catch them if the

cybercriminals perform their dirty deeds. 8uring the arvard Ausiness 1chool

"lumni Club luncheon in /ebruary 000, 8eputy 9rime *inister 8atuk 1eri "bdullah

"hmad Aadawi 3during that period4 stated that6

5


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The development of the Multimedia Super Corridor and the creation of a pioneer

legal and regulatory framework encompassing, amongst other things, the

Communications and Multimedia Act, the Computer Crimes Act and the Digital

Signatures Act is indicative of the Governments commitment towards the creation of

a knowledge!"ased economy#$

In addition to this Cyber1ecurity *alaysia who is the national cyber security

specialist centre, and an agency under the purview of the *inistry of 1cience,

Technology and Innovation 3*O1TI4 has been established to look after the ICT

security specialist services and continuously monitors threats to national security.

Instead of that, this centre also assists in cyber forensics and analysis which related to

analy:ing evidence and providing e!pert witnesses for relevant cases. There are lots

of cases that have been reported to Cyber1ecurity in such making losses to the

national economical growth. "ccording to Cyber1ecurity there is a +umped in cyber

crime cases by &5 per cent in 0&0 in which e(uivalent ,0'0 cases compared to

cases in 00'. The increasing number of the cases means the high profit could

not gain to the country during the period. This has been supported by 8eputy 1cience,

Technology and Innovation *inister 8atuk /adillah Dusof statement that based onpolice reports, the government suffered losses totaling #*.< million in 00' and

the sum increased to #*@ million in 0&0.

*eanwhile, in 71 they have primary federal law enforcement agencies that

investigate domestic crime on the Internet include6 the /ederal Aureau of

Investigation 3/AI4, the 7nited 1tates 1ecret 1ervice, the 7nited 1tates Immigration

and Customs ;nforcement 3IC;4, the 7nited 1tates 9ostal Inspection 1ervice, and the

Aureau of "lcohol, Tobacco and /irearms 3"T/4. ;ach of these agencies has offices

conveniently located in every state to which crimes may be reported


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#eferring to *yC;#T Incident 1tatistics for the year 0&0, ,0'0 general incidents

classification were reported to the Cyber''' 1ecurity Incident elp Centre.

F+4 : R484* I&/+*4&6 %64* & 4&4%; I&/+*4& C;%66+


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*eanwhile, in 71 as stated by /ederal Aureau of Investigation 3/AI4 based on /AI

Cybercrime statistic in collaboration with their agency Internet Crime Complaint

Centre 3IC

/AI-#elated scams &


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"mongst the figures it could be concluded that most of the cases related to online

shopping where retailer who provide services did not get payback on their deals.

/urther to this it also showed that several types of fraud e!ists in 71 environment.

Aased on given figures above the fraud percentage most likely covered almost


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though the comparison given above was not fair due to few technical that should be

considered. The comparison above only could be fair if6

a. The total number of citi:en between country is the same

b. The country development and IT infrastructure between each others are

acceptable

c. The knowledge and user)s awareness is on par

F+4 10: C-4 C+4 N4 < /%646 2000 # 2010

owever, it could be said that the total number of complaints increases constantly

towards the number of years as showed by diagram above. /or 71 there is a slightly

reduce in a few years shown in the graph. In year 00? it drop almost >E and rise

back to increase in year 00@. In fact also in year 0&0 3


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/or *alaysia, the numbers of complaint also have a constant increasing starting from

year 005 until now. There is a drop in year 00? where complaints reduce about

'>.?E compare to 00> 3&?,?4. To summari:e this *alaysia has a highest

complaint for cyber crime so far in 0&0 3,0'04 and the lowest were recorded in

000 3?0


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provide them with guideline for defensive and a self-help measure for them to

comply

d. *alaysia government should provide an effective global system to deal with the

cyber crime. The approach should be a multi faceted and multi pronged which

combining both legally coercive and non legislative measures

3. CONCLUSION

Cyber crime is a persisting international concern that transcends national boundaries in a

behavior that renders organi:ed crime as a global apprehension. "s known it may take

several form of classification in which could provide adversity to personals, property and

government.

;ither in *alaysia or in 71, cyber crime has adversely affected the economical growth

for the country returns. In sense it also endows with challenge to government agency and

public sector to have e!cellent methods practices to comply with. "nd in other hand it

also create an awareness to community to prevent from being affected and involved to

cyber crime.

TOTAL COUNT # 25"5

&>


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ATTACHMENT

REFERENCES

Computer Crime 8efinition H ikipedia.org. 3n.d.4. #etrieved October 0, 0&&,

3http6FFen.wikipedia.orgFwikiFComputercrime4

Cyber Crime 8efinition H 1earch1ecurity.com. 3n.d.4. #etrieved October 0, 0&&, from

http6FFsearchsecurity.techtarget.comFdefinitionFcybercrime4

Centre for Cybercrime 1tudies H Cycris.nl. 3n.d.4. #etrieved October , 0&&, from

http6FFwww.cycris.nlFuploadsFCyCri1-versie05?-05&0?.pdf

*DCert Incident 1tatistic 0&0. 3n.d.4. #etrieved ovember


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Cyber Crime Increased by &5 per cent in 0&0. 3n.d.4. #etrieved October 5, 0&&, from

http6FFwww.themalaysianinsider.comFmalaysiaFarticleFcyber-crime-increased-by-&5pc-in-0&0F

1camfraudalert Alog - /AI 0&0 Cybercrime 1tatistics. 3n.d.4. #etrieved October 0,

0&&, from http6FFscamfraudalert.wordpress.comF0&&F0F5Ffbi-0&0-cybercrime-statisticsF

Cyber Crime. 3n.d.4. #etrieved October 0, 0&0,http6FFwww.slideshare.netF#an+ana"dhikariFcyber-crime-'05

Cyber Crime /ull #eport. 3n.d.4. #etrieved ovember &, 0&&, fromhttp6FFwww.seminarpro+ects.comFThread-cyber-crime-full-reportJpageK

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CYBER CRIMES IN MALAYSIA AND U.S.A.: WHAT SHOULD WE DO IN MALAYSIA?