cyber crime[1]

7/28/2019 Cyber Crime[1]

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FAKULTI BAHASA MELAYU

SEMESTER SEPTEMBER TAHUN 2011

KOD KURSUS

OUMH1203

TAJUK KURSUS

ENGLISH FOR WRITTEN COMMUNICATION

NO. MATRIKULASI : 670813035503001

NO. KAD PENGNEALAN: : 670813035503

NO. TELEFON : 0129621147

E-MEL : [email protected]

PUSAT PEMBELAJARAN : OPEN UNIVERSITI

MALAYSIA, KELANTAN

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mailto:[email protected]:[email protected]


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Course Title:

OUMH1203 ENGLISH FOR WRITTEN COMMUNICATION

1.Introduction

1.0 Definitions

Cyberis defined as crimes committed on the internet using the computer as either

a tool or a targeted victim. It is very difficult to classify crimes in general into distinct

groups as many crimes evolve on a daily basis. Even in the real world, crimes like rape,

murder or theft need not necessarily be separate. However, all cybercrimes involve both

the computer and the person behind it as victims, it just depends on which of the two is

the main target.Cybercrime encompasses any criminal act dealing with computersand

networks (called hacking). Additionally, cyber crime also includes traditional crimes

conducted through the Internet.

Crime is a social and economic phenomenon and is as old as the human society.

Crime is a legal concept and has the sanction of the law. Crime or an offence is a legal

wrong that can be followed by criminal proceedings which may result into

punishment.The hallmark of criminality is that, it is breach of the criminal law. Per Lord

Atkin the criminal quality of an act cannot be discovered by reference to any standard

but one: is the act prohibited with penal consequences.

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1.1 Fact on cybercrime

Many of the cyber crime articles available on the Internet today can appear

outdated as they fall short of a uniform categorization or specific steps on methods for

fighting cybercrime or even how to support cyber crime victims. These barriers also

create difficulty for those attempting to report cybercrime. With today's rapid growth of

technology, as well as updates to cyber law cannot stop cyber crime from growing and

updating in kind. Internet fraud is certainly the area that most personal computer (PC)

users are concerned about, and cyber crime study, continues to be left to amateurs or

veteran criminologists. The cyber criminals constitute of various groups/ category. This

division may be justified on the basis of the object that they have in their mind. The broad

meaning of cybercrime can be narrowed down by looking at specific crimes that are most

common.Cyber Identity Theft and Computer Hacking, considered by experts as the most

common forms of cybercrime, involve the theft of personal information that is attainable

through computer systems and computer networks. Cyberspace crime involves much

more than Identity Theft, and, today, does not even require Internet use. The growth of

interest in topics such as cyberbullying, commonly perpetrated through the use of cell

phones, is on pace to achieve Identity Theft's level of notoriety. Current Wiki Leak and

Hactivist news items have also shown the Global nature of cybercrime, while broadening

the cyber crime definition.Certain other offenses, including trade secret theft and

manufacturing or economic espionage are on occasion believed to be cybercrimes when

networks or computers are used. The Department of Justice classifies computer offenses

in three ways:

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a. The computer as a target - assaulting other computers (for example, scattering

viruses)

b. The computer as a weapon - committing conventional crimes by using a

computer such as illegal gambling and scams

c. The computer as a storage unit - using a computer to store stolen or unlawful

data

Crime and criminality have been associated with man since his fall. Crime

remains elusive and ever strives to hide itself in the face of development. Different

nations have adopted different strategies to contend with crime depending on their nature

and extent. One thing is certain, it is that a nation with high incidence of crime cannot

grow or develop. That is so because crime is the direct opposite of development. It leaves

a negative social and economic consequence. Cybercrime is also defined as crimes

committed on the internet using the computer as either a tool or a targeted victim. It is

very difficult to classify crimes in general into distinct groups as many crimes evolve on

a daily basis. Even in the real world, crimes like rape, murder or theft need not

necessarily be separate.

2.0 Classification of on cybercrime

Cyber crime is the latest and perhaps the most complicated problem in the cyber

world. Cyber crime may be said to be those species, of which, genus is the conventional

crime, and where either the computer is an object or subject of the conduct constituting

crimeAny criminal activity that uses a computer either as an instrumentality, target or a

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means for perpetuating further crimes comes within the ambit of cyber crimeA

generalized definition of cyber crime may be unlawful acts wherein the computer is

either a tool or target or both( The computer may be used as a tool in the following kinds

of activity- financial crimes, sale of illegal articles, pornography, online gambling,

intellectual property crime, e-mail spoofing, forgery, cyber defamation, cyber stalking.

The problem encountered in guarding a computer system from unauthorised access is that

there is every possibility of breach not due to human error but due to the complex

technology. By secretly implanted logic bomb, key loggers that can steal access codes,

advanced voice recorders; retina imagers etc. that can fool biometric systems and bypass

firewalls can be utilized to get past many a security system. The computers work on

operating systems and these operating systems in turn are composed of millions of codes.

Human mind is fallible and it is not possible that there might not be a lapse at any stage.

The cyber criminals take advantage of these lacunas and penetrate into the computer

system.Negligence is very closely connected with human conduct. It is therefore very

probable that while protecting the computer system there might be any negligence, which

in turn provides a cyber criminal to gain access and control over the computer

system.Loss of evidence is a very common & obvious problem as all the data are

routinely destroyed. Further collection of data outside the territorial extent also paralyses

this system of crime investigation.

The computer may however be target for unlawful acts in the following cases-

unauthorized access to computer/ computer system/ computer networks, theft of

information contained in the electronic form, e-mail bombing, data didling, salami

attacks, logic bombs, Trojan attacks, internet time thefts, web jacking, theft of computer

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system, physically damaging the computer system.This includes login information, such

as usernames and passwords, phone numbers, addresses, credit card numbers, bank

account numbers, and other information criminals can use to "steal" another person's

identity. For this reason, it is smart to always check the URL or Web address of a site to

make sure it is legitimate before entering your personal information.Because cybercrime

covers such a broad scope of criminal activity, the examples above are only a few of the

thousands of crimes that are considered cybercrimes. While computers and the Internet

have made our lives easier in many ways, it is unfortunate that people also use these

technologies to take advantage of others. Therefore, it is smart to protect yourself by

using antivirus and spyware blocking software and being careful where you enter your

personal information.However, all cybercrimes involve both the computer and the person

behind it as victims, it just depends on which of the two is the main target.

Hence, the computer will be looked at as either a target or tool for simplicitys sake. For

example, hacking involves attacking the computers information and other resources. It is

important to take note that overlapping occurs in many cases and it is impossible to have

perfect classification system.The computer has unique characteristic of storing data in a

very small space. This affords to remove or derive information either through physical or

virtual medium makes it much more easier.

3.0 Comparison of cyber crimes in Malaysia and Usa

In Malaysia to be a world leading country in ICT development and be a global

centre and hub for communication and multimedia information and content services.

They are the Official Secret Act Act 1976, Patent Act 1983, Prison Act 1995, Akta Arkib

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Negara 44/146 and other relevant legislations. This set of Acts has made Malaysia as one

of the first countries to enact a comprehensive set of cyber laws. The above Acts were

formed for the purpose of safeguarding consumer and service providers besides on-line

businesses and owners of intellectual property. Computer Crime Act 1997 (CCA 97) The

CCA 97 was given its Royal Assent on June 18, 1997 but was only enforced on June 1,

2000 (9). CCA 97 main concerns are offences due to the misuse of computers and

complement the existing criminal legislation. The three other offences included in CCA

97 are wrongful communication, abetment and attempts punishable as offences and

presumptions. Besides that, it also covers on obstruction of search. We will start by

taking a closer look at the CCA 1997, which is one of the many cyber laws enacted in

Malaysia. The following is a summary of the offences relating to misuse of computers as

extracted from the Explanatory Statement of the CCA1997:

a) Seeks to make it an offence for any person to cause any computer to perform

any function with intent to secure unauthorised access to any computer material.

b) Seeks to make it a further offence if any person who commits an offence

referred to in item (a) with intent to commit fraud, dishonesty or to cause injury as

defined in the Penal Code.

c) Seeks to make it an offence for any person to cause unauthorised modifications

of the contents of any computer.

d) Seeks to provide for the offence and punishment for wrongful communication

of a number, code, password or other means of access to a computer.

e) Seeks to provide for offences and punishment for abetments and attempts in the

commission of offences referred to in items.

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f) Seeks to create a statutory presumption that any person having custody or

control of any program, data or other information when he is not authorised to have it

will be deemed to have obtained unauthorized access unless it is proven otherwise.

The CCA 97 also gives more severe punishment compared to CMA 1990

(UK).According to CyberSecurity Malaysia, cyber security specialist, there is need for a

dedicated "cyber court" in the country given that cyber crimes increased tremendously

during 2008.

In addition to that, the Act also allows that any police officer arrest without a

warrant any person whom he reasonably believes to have committed or to be committing

an offence against this Act. Further to this, the Act also allows police officers above the

rank of Inspector to conduct search at premises without warrant should the officer believe

that delays may effect them obtain necessary evidence. Both these provisions greatly

empower the police officer and allow them to put the law in their own hands. Imagine

this scenario, a 20-year old student had been arrested by mistake because the police

officer had reasonable reasons to believe that the student made an attempt to have

unauthorized access to a computerized system. The incident can be both embarrassing for

the authority and traumatic for the student in question. In terms of computer

crime, most investigation and arrest would occur after the first attack/attempt of attack,

and thus it would be sensible for the police or relevant authority to conduct search or

arrest upon gaining the proper warrants and evidence .

3.1 Comparison of cyber crimes in USA

Lt. Col. (retired) Husin Jazri, Chief Executive Officer of CyberSecurity, said that the total

number of Internet crimes reported in 2008 by the security firm had grown more than

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twice the previous estimates. Moreover, the situation might get worse this year (2009), as

reported by thestaronline on January 16, 2009. According to Jazri, in 2008, the

organization dealt with 2,123 incidents of cyber crime, more than 100% increase in

comparison to 2007 when the company dealt with 1,038 incidents. The reports received

from the organization revealed that nearly 50% of the incidents reported were related to

fraud, while the rest to malicious code and intrusions like malware infections, spam,

online harassment, malicious websites, intrusions etc. Moreover, over 4,000 cyber

complaints, majority of them relating to cyber crimes, were filed with CyberSecurity

Malaysia between 2007 and 08. The complaints comprised fraud, hack threats, Denial-of-

Service conditions and other PC problems like viruses corrupting files or data getting

exposed. Further, as the Internet usage in the country grows, the total number of online

transactions along with other activities is likely to increase, which, in turn, increase the

number of online crime incidences. Besides, growth in broadband and wireless capacity

makes the Internet more convenient and quicker to use. But unfortunately, these utilities

could be used as means for Internet crimes. In addition, the ongoing economic crisis

across the world will also boost cyber crimes. The problem of insufficient awareness

about cyber security or Internet-safety practices among Malaysians surfing on the Web

continues to pose a big challenge. For example, some users do not own a distinct

password while many are not updating their security software. Commenting on this,

Malaysian Police said that to an unwary person, a fraudulent website appears to be the

bank's real website. Similarly, an innocent recipient thinks that an e-mail announcing a

'prize win' is genuine. Therefore, it is hardly surprising that online crimes involving

banking fraud andphishing rose 619% in 2008 over 2007.

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3.1.1 Techniqueas

The global nature of criminal activities requires that strong ties be forged between

enforcement agencies around the world.United States Attorney General Janet Reno gave

a good example of how complicated a crime investigation could be when technology

involved in the case resides in another part of the world. An officer may quickly find

himself or herself in the middle of a case with international implications. For example,

during the raid of a drug dealer's home, an officer might download data from the suspect's

network account only to find out later that the data was stored in a foreign country and

the download violated that country's law.Bruce Schneier in his book Secret and Lies

also brings up the point that the global nature of the Internet complicates criminal

investigation and prosecution. Bruce raises the question of which state or countrys law

should be used for prosecution, will it be from where the data/attack originated from or

where the data/target is located or even where the data/transmission passes through?

Personally, it really depends on two things.

3.1.2Financial -Even greater ambiguities surface when we consider

what it means for access to be without authorization. The concept of authorization

seems clear in the case of traditional trespass statutes, which presume that people have a

right to be where they are, and often require posted notice in that place instructing them

that they cannot enter or remain there. The statutes also require that the trespasser knows

that she is without license or privilege to enter or remain on the premises. The first

consideration is the effectiveness of the laws in a particular country and the second

consideration would be how easy would it be to bring the suspect to trial in the preferred

country.The Malaysian Parliament website that was hacked on December 2000 was

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traced to IP addresses .The relevant authorities in those countries were contacted for

assistance in the investigation. This clearly shows the importance of strong working

relationships between authorities in countries around the world.

3.1.3 RacialTheir work is motivated by the colour of money. These kinds

of hackers are mostly employed to hack the site of the rivals and get credible, reliable and

valuable information. Further they are ven employed to crack the system of the employer

basically as a measure to make it safer by detecting the loopholes.This group include

those people who have been either sacked by their employer or are dissatisfied with their

employer. To avenge they normally hack the system of their employee.

4.0 Suggestion

Cybercrime is criminal activity done using computers and the Internet. This

includes anything from downloading illegal music files to stealing millions of dollars

from online bank accounts. Cybercrime also includes non-monetary offenses, such as

creating and distributing viruses on other computers or posting confidential business

information on the Internet.Perhaps the most prominent form of cybercrime is identity

theft, in which criminals use the Internet to steal personal information from other users.

Two of the most common ways this is done is through phishing and pharming. Both of

these methods lure users to fake websites (that appear to be legitimate), where they are

asked to enter personal information.Hart in his work The Concept of Law has said

human beings are vulnerable so rule of law is required to protect them. Applying this to

the cyberspace we may say that computers are vulnerable so rule of law is required to

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protect and safeguard them against cyber crime. We could say that access hinges on

whether the user has made a virtual entrance into the computer

5.0 Conclusions

Undoubtedly the Act is a historical step in the cyber world. Further I all together

do not deny that there is a need to bring changes in the Information Technology Act to

make it more effective to combat cyber crime. I would conclude with a word of caution

for the pro-legislation school that it should be kept in mind that the provisions of the

cyber law are not made so stringent that it may retard the growth of the industry and

prove to be counter-productive.Capacity of human mind is unfathomable. It is not

possible to eliminate cyber crime from the cyber space. It is quite possible to check them.

History is the witness that no legislation has succeeded in totally eliminating crime from

the globe. The only possible step is to make people aware of their rights and duties (to

report crime as a collective duty towards the society) and further making the application

of the laws more stringent to check crime.

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Reference

1. Brenner, S. (2007) Law in an Era of Smart Technology, Oxford: Oxford

University Press

2. Csonka P. (2000) Internet Crime; the Draft council of Europe convention on

cyber-crime: A response to the challenge of crime in the age of the internet? Computer

Law & Security Report Vol.16 no.5.

3. Morris, Daniel A. Tracking a Computer Hacker. Last updated July 10, 2001.

http://www.usdoj.gov/criminal/cybercrime/usamay2001_2.htm

4. Puvaneswary, S. Police Seek Help From The Two Countries To Track Down Those

Responsible. 17 January 2001. http://www.niser.org.my/news/2001_01_17.html

5. Schneier, Bruce. Secret and Lies. John Wiley & Sons, 2000.

6. Stafford, Ned. Sudan Bank Hacked, Bin Ladden Info Found Hacker, Newsbytes.

27 September 2001. http://www.newsbytes.com/news/01/170588.html.

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