Cyber-crime laws in Malaysia

1.1.      Introduction

The use of computer and the internet is on the increase due to lower costs of owning a computer and connectivity and has become a mode of commercial and personal transactions and an avenue for crimes to continue.

Cyber crimes are criminal offences committed through the use of the computer and internet and this raise great concern with the view to cyber fraud and identity theft through which crimes such as spamming, phishing, email spoofing, defamation, pornography, cyber terrorism, espionage and other rigid offences.

Cyber law refers to laws related to governing and protecting the use of a computer and internet and other online communication technologies, they focus on a combination of state and federal statutory, decisional and administration laws arising out from the use of the internet.

Since information and communication technology in this era is becoming a vital issue, Malaysia government has enacted cyber laws to govern and protect the user’s right of the use of computer and internet.

1.2.      Need for the cyber law

We need cyber laws in place because today so many issues have be brought on the platform regarding the integrity and security of information, legal status of online transactions, privacy and confidentiality of information, intellectual property rights and security governing data input on the internet. Therefore such issues have led to the enactment of cyber laws in Malaysia to help build confidence when dealing with online activities whilst signifying why cyber laws are needed in online transactions. 

1.3.            Cyber crime is changing as the internet becomes a vital component of daily life. How do cyber security cops keep up with it? 

Since the internet has no ownership and open to everyone, given the unrestricted number of free websites, the internet is definitely unlocked for misuse. This means that users of the internet have got to take security seriously by protecting customer’s data, employee’s data and company data from internet fraud and identity theft.

Awareness is important; anything that seems to be suspicious should be reported immediately until laws become more rigid or when technology has advanced more.

Some challenges have been faced by the authorities in tracking down perpetrators since they are very smart and use secure software to stay anonymous. Therefore catching these criminals requires high technology techniques. ( Chris Painter the Deputy chief of the Computer Crime and Intellectual Property section of the U.S. Department of Justice), he over sees a team of 22 lawyers involved in all aspects of computer crime, from denial of service attacks to attacks on computer networks.

1.4.            Discussion and evaluation the existing cyber-crime laws in Malaysia pertaining to enforcement and if there is a necessity to review/revise the current laws.

The Malaysian government has so far tried to pass more than a few cyber laws to help reduce and control the internet abuses such as reducing electronic transaction fraud cases in Malaysia, which have built fear in individuals that use the computer and the internet to confidently do business or transact online. And these cyber laws that have been enacted and enforced from 1997 are as follows;

The Digital Act, 1997

   The Digital Act 1997 was enacted and enforced to secure issues related to the way people electronically communicate and transact business principally on the internet from abuses. Digital signature is an identity verification that uses encryption techniques to protect against email forgery, which help in protecting the transmitted data from being interrupted or interfered with during electronic transactions. A digital signature is obligatory when one obtains a Certificate Authority licensed by the controller of authorities and any transaction held in accordance to this Act and digitally signed is legally binding. 
The Computer Crime Act, 1997

   This Act was enacted to regulate computer crimes and protect them against the misuse of computer criminal activities such as hacking and cracking down of computer networks and systems and virus spreading. This Law seems to be the most important due to increase in computer activities such financial transactions, for example increase in electronic banking. Through this Act, users of computers have been able to protect their rights to privacy and confidence when using the computer. The Act is similar to the United States Computer Fraud and Abuse Act 1986(United States), the Computer Misuse Act 1990 (United Kingdome) and the Computer Misuse Act 1993 (Singapore). The offences covered under this Act are; Unauthorized access to the computer without users permission, unauthorized modification, communication of codes or passwords.

Case1:

            In September 8, 2008 one of the offences under the Malaysia’s decade-age cybercrime statute is going to be put on a test. At one proceeding in a session court in Ipoh, a man has been charged with four counts relating to an illegal transfer of land titles. The man is charged under section 5(1) of the Computer Crimes Act 1997 that makes it an offence to modify contents of a computer or computer system without authority. The accused claims trial and the case will be mentioned on 9 Oct 2008. (http://bit.ly/QzjWFK).

        The Telemedicine Act, 1997

   The Act was enacted to regulate the practice of medicine through the use of electronic data communication. The Telemedicine Act guarantees that patient’s rights and interests are protected through qualified medical practitioners who practice telemedicine with the consent of patients. And these medical practitioners can be registered local Doctors who have a valid operating certificate, Medical Assistant and Nurses approved by Malaysian Medical of Health. The Act gives hope to the future growth and timely delivery of healthcare in Malaysia.
Communication and Multimedia Act, 1998

   This Act was enacted to promote the nations policy objectives for the communication and multimedia sector in Malaysia and ensure that the information is safe, reliable and the quality of services are affordable for the public and instill the users confidence in the information and communication technology sector. The Act legalizes various activities, for example network service providers, application service providers and content application providers after attainment of a license of operation. Eleven cases have been taken to court under section 211 and 233 under this Act involving fine to RM24,500 from last year up to now, cases like sending vulgar/obscene SMS, sending obscene email and sending obscene/vulgar comments.

Case2:            

            KUALA LUMPUR, July 6 (Bernama) -- A former EON Bank Berhad employee pleaded guilty in the Sessions Court Monday over the posting of an obscene blog title to embarrass his former boss. Seah Boon Khim, 26, was accused of posting a vile and indecent material on a blog site http://www.xanga.com/hokongchan67 with intent to annoy Eon Bank Internal Audit Department head Ho Kong Chan at 1.33pm on Aug 13 2007 at 19 A-26-3 Level 6, UOA Centre 19, Jalan Pinang here (http://bit.ly/NYU6LY ). (Note, this case was published from local national news agency called “Bernama”.  Bernama is owned by Malaysia government under the information, culture and communication ministry.
      Copy Right (Amendment) Act, 1997

   The was enacted due to technological development which have challenged governance of copy right issues in Malaysia, such as to protect the right and control transmission of information over the internet like music, books and films. In the subsequent years, this Act was amended in 1990, 1996 and 1997, to give exclusive rights of control to the Authors and set an abstract of offences for copy right infringement
Personal Data Protection Act, 2010

    The Act is intended to provide protection of individual personal data in the perspective of commercial transactions and safeguard the interests of data users, and all this boosts user’s confidence and encourages electronic commerce. The Act sets rules and regulations on the gathering and handling of personal information in companies and organizations in the due course of any business transactions between the parties.

Case3:

            A woman chief executive officer (CEO) filed a RM20mil suit against a telecommunications company (telco) on Sunday for allegedly revealing contents of her SMS exchanges and recordings of her teleconversations with other individuals to third parties (http://bit.ly/oDzIN5).

1.5.            Conclusion

   Malaysia is trying to make every effort to progress in a safe and confidential cyber space environment with the enactment of several cyber laws which have helped to increase the computer and internet usage in online transactions and due to the rapid development of technology, requires reviewing and enactment of new cyber laws, as hackers are becoming more equipped.