Question

QUESTION :

Do a review on cyber crime, particularly hacking.

INTRODUCTION • A brief introduction on Cyber crime - Hacking • The rate of the said crime in Malaysia
DISCUSSION ON THE SELECTED WHITE-COLLAR CRIME • Definition/explanation • Relevant laws & punishment • Research on cases in Malaysia
ANALYSIS OF THE SELECTED CRIME • Research on rate of the selected        crime • Reason for the rate of crime
DISCUSSION ON THE RELEVANT ENFORCEMENT/ REGULATORY BODIES RELATED TO THE SELECTED WHITE-COLLAR CRIME • Explanation on the duties/functions/authority of the enforcement/ regulatory body in relation to the selected crime. • Strategies/Approaches that can be taken by the enforcement/regulatory body to prevent the crime
CONCLUSION • Brief conclusion on review

Answer 1

INTRODUCTION

Cybercrime is criminal activity that either targets or uses a computer, a computer network or a networked device. Most, but not all, cybercrime is committed by cybercriminals or hackers who want to make money. Cybercrime is carried out by individuals or organizations.

Hacking refers to activities that seek to compromise digital devices, such as computers, smartphones, tablets, and even entire networks. And while hacking might not always be for malicious purposes, nowadays most references to hacking, and hackers, characterize it/them as unlawful activity by cybercriminals—motivated by financial gain, protest, information gathering (spying), and even just for the “fun” of the challenge.

Cybersecurity cases have spiked by a whopping 82.5% in Malaysia (2020) during the MCO so far compared to the same time last year. A total of 838 incidents were reported to CyberSecurity Malaysia between the start of the MCO on March 18 and April 7. Of this total, 18% or 152 cases involved local companies, while the rest were home users and others. It is a jump from the 459 cases reported in the same period last year, based on data made available to Sunday Star by the agency’s emergency response centre, Cyber999.

DISCUSSION ON THE SELECTED WHITE-COLLAR CRIME

Hacking is identifying weakness in computer systems or networks to exploit its weaknesses to gain access. Example of Hacking is using password cracking algorithm to gain access to a system. Computers have become mandatory to run a successful businesses. It is not enough to have isolated computers systems; they need to be networked to facilitate communication with external businesses. This exposes them to the outside world and hacking. Hacking means using computers to commit fraudulent acts such as fraud, privacy invasion, stealing corporate/personal data, etc. Cyber crimes cost many organizations millions of dollars every year. Businesses need to protect themselves against such attacks.

Computer Crimes Act 1997 (‘CCA’) is the first ever specific legislation enacted in Malaysia to counter cybercrimes. It criminalizes the following:-

• Act of hacking, or, in technical terms, unauthorized access to computer material, whether or not with intent to commit further offence. A good case study can be found in the case of Basheer Ahmad Maula Sahul Hameed v PP (2016) which involves the use debit card belonging to the victim of MH 370 incident by a bank staff to withdraw cash from the ATM and transferring money without authorization.
• Spreading of computer viruses, or, in technical terms, modification of the contents of any computer.
• Unlawful communication of any means to access to a computer by an unauthorized person.

In another words, the CCA captures hacking activities such as creating viruses or malware for the purpose of hacking, hacking into Wi-Fi connections or credit card information by using hacking tools, denial of service attacks (this is where hackers attempt to prevent users from accessing the network service, which could be motivated by business interests or blackmailing), electronic theft (where hackers or misusers steal a business-sized, company-sized, or even industrial-sized database). The punishments, depending on the type of offence committed, ranges from a fine of RM25,000 to RM150,000, or imprisonment of 3 to 10 years, or both.

In Basheer Ahmad Maula Sahul Hameed v PP [2016] 6 CLJ 422, the two accused persons, who were husband and wife, where the wife worked in a bank, were convicted under section 4(1) of the CCA for using a debit card belonging to an airplane accident victim to withdraw cash from an ATM machine and for transferring money from several other victims’ online banking accounts without authorisation.

ANALYSIS OF THE SELECTED CRIME

There has been a sharp spike in computer hacking cases detected by CyberSecurity Malaysia (CSM) over the past two years, says Malaysia’s Science, Technology and Innovation Deputy Minister Datuk Dr Abu Bakar Mohamad Diah. “There were only three cases detected by MyCert in 2014. One involved Critical National Information Infrastructure (CNII) and two involved private companies,” he said. “However, the number skyrocketed to a shocking 20 cases involving CNII, 43 private corporations, three higher learning institutions (IPT) and 21 home users in 2015,” he said.

Hackers will take over the system before blackmailing the victim. There were cases where victims’ computers were infected by malicious software, preventing users from accessing the system until a sum of money was paid. Hackers can be charged under the Communications and Multimedia Act and the Cyber Crime Act.

DISCUSSION ON THE RELEVANT ENFORCEMENT/ REGULATORY BODIES RELATED TO THE SELECTED WHITE-COLLAR CRIME

Malaysia Computer Crime Act 1997 (Annamalai, 1997) has been drafted to provide offenses relating to the misuse of computers and to complement existing criminal laws. ‘Hacking’ or ‘computer crime’ is not defined in the CCA, but the word used is ‘unauthorized access to computer material’. Section 3(1) provides that 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. Persons found convicted of an offense within the provison of Section 3 are liable to a fine not exceeding RM50,000 or to imprisonment not exceeding five years or to both (S. 4(1)(a) MCCA). Additional penalty is imposed if unauthorized access was used to commit or facilitate the commission of an offense involving fraud, dishonesty or which caused injury as defined by the Penal Code, (S. 4(1)(a) MCCA). The commission of the offense referred to need not be at the same time as the unauthorized entry. Persons convicted of an offense under section 4 are liable to a fine not exceeding RM50,000 or to imprisonment not exceeding 10 years or to both. Section 2(2) states that a person secure access to any programme 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. Section 2(5) further clarifies that access of any kind by any person to any program or data held in a computer is unauthorized if – (a) he is not himself entitled to control access of the kind in question to the program or data; and (b) he does not have the consent or exceeds any right or consent to access by him of the kind in question to the program or data from any person who is so entitled.

The CCA also makes it an offence if a person does any act which he knows will cause unauthorized modification of the contents of any computer, Section 5(1). Section 6(1) makes it an offence for a person to communicate 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. The CCA also seeks to make the offence extra-territorial in scope when it provides by Section 9(1) that the provisions of the CCA shall, in relation to any person, whatever his nationality or citizenship, have effect outside as well as within Malaysia, and where an offence under the CCA is committed by any person in any place outside Malaysia, he may be dealt with in respect of such offence as if communicated at any place within Malaysia.

CONCLUSION

Hacking still proves a vast problem to the online community. As online presence open up our eyes, people need to be more prepared to assist employees in setting up home offices so that we can address cybersecurity, especially when it involves company data and confidential information. Malaysia saw a spike in the case of cybersecurity crime Hacking. It is due to the shift of the people to online presences and laws are in place for preventing these kinds of attacks and their appropriate fines and punishments as well. People just have to stay vigilant toward such attacks by gaining more knowledge on the prevention so that there is a less chance of getting affected by it.

Hope this answers your questions, please leave a upvote if you find this helpful.