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INTRODUCE a) Definition(s) of Cyber Crime b) The Scope of cyber crimes 2

2. CONTENT a) Classification of Cyber Crimes b) Comparison of Cyber Crimes in Malaysia and USA 3. SUGGESTION a) What Shoul we do b) Provide Suggestion 4. CONCLUSION





Introduction a)Definition(s) of Cyber Crimes Cybercrime is criminal activity done using computers and the internet.This includes anything from downloading illegal music , files to stealing millions of Ringgit or dollars from online bank account.Its also includes non monetary offenses,such as creating and distrubutting viruses on other computers or posting confidential business information on the internet. Perhaps the most prominent form of cyber is identity theft,in which criminals use the internet to steal personal information from others.Two of the most common ways is done is through phising and pharming.Both of these methods lure users to fake websites.Where they are asked to enter personal information.This includes login information,credict card numbers,bank account numbers and other information criminals can use to steal another person identity. As we know the computer is one of the most important revolutionary discoveries in the development of the technical-technological civilization.Informatics,although a young science is developing much faster than any other science.In only 50 year`s time many devices for storage and processing of massive data have been discovered and enhanced(improved). The computer crime appeared as a specific model present day crime in regard of its structure ,scope and characteristic.If we take into account the danger and damage to the society that can be caused by this crime,this ultramodern crime needs special attention to be paid both by state governing organs and the international community as well.Because the great possibilities for memorizing data and fast processing ofhuge data bases in very short time the number of automatic information system goes up every day as they become an indispensable part of the work of all social subjects,both physical and legal,at all levels.So the computer has become and indispensable ~gadget~ of modern living,its purpose ranging from private use,manufacturing use,traffic,services to national security and defense.

Cybercrime cut across territorial borders, creating a new realm of illegal human activity and undermining the feasibility and legitimacy of applying laws based on geographic boundaries. Territorially-based law-making and law-enforcing authorities find cybercrime deeply threatening. It has subjected the nation-State to unprecedented challenges with regard to its efficacy, sovereignty and functions. However, established territorial authorities may yet learn to defer to the self-regulatory efforts of Cyberspace participants who care most deeply about this new digital trade in ideas, information, and services. Separated from doctrine tied to territorial jurisdictions, new legislations will emerge, in a variety of online spaces, to deal with a wide range of new phenomena that have no clear parallel in the real world. Accordingly, this article seeks to address and analyse the following issues: Firstly, it examines how cybercrime is being addressed at the national and international levels. Secondly, it reviews the state of the existing legislative and regulatory framework and their efficiency in combating this form of cross-border organised crime, taking the European Union as a case study. Finally, the article will conclude by discussing the steps nations should take in their battle against this crime.

Instantaneous global communications have given us a window on the world through which
can be seen both the wonder of it all and the things that make us wonder about it all

John Naisbitt (Global Paradox: 1994)

Why did it happen? Hart in his work The Concept of Law has said human beings are vulnerable so rule of law is required to protect themApplying this to the cyberspace we may say that computers are vulnerable so rule of law is required to protect them against cyber crime.The reasons for vulnerability of coputers may be said: 1. Capacity to store data in compatively small space

The computer has unique characteristic of storing data in a very small space.This affords to remove or derive informations either through physical or vitual medium makes it much more easier.

2. Complex The computers work on operating system and these operating system 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. 3. Easy to access The problem encountered in guarding a computer system from unauthorised acces is that there is every possibility of breach not due to human error but due to the complex technology.By secrectly impanted logic bomb,key loggers that can be steal access codes,advanced voice recorders,retina imaga etc,that can fool biometric system and bypass firewall can be ultilized to get past many security system 4. Loss evidence Loss evidence is a very common & obvios problem as all data are routinely destroyed.Further collection of data outside the territorial extent also paralyses this system of crime investigation.

Categorizes computer crime in three ways 1. The computer as a target-attacking of others-spreading viruses is an example 2. The computer as a weapon-using a computer to commit traditional crime that we see in the physical world 3. The computer as an accessory-using a computer as a fancy filling cabinet to store illegal or stolen in information. Reports of alleged computer crime have been hot news item of late.Especially alarming is the realization that many of the masterminds behinds these criminal acts are more kids.In fact children no longer need to be highly skilled in order to execute cyber crimes.Hacker Tools are easily available on the Net ance once downloaded,can be used by even novice computer

users.This greatly expands the population of possible wrongdoers.Children often think tahat shutting down or defacing Web sites or releasing network viruses are amusing pranks.Kids might not evn realize that what they are doing is illegal.Still other kids might find themselves hanging out on line with skilled hackers who share hacking tools with them and encourage them to do inappropriate things on line.Unfortunately,some of these kids don`t realize that they are committing crimes until it is too late. So what are cyber crimes?Can the law enforcement authorities find criminals online?How can we create context for our children to understand what cyber crimes are?

The Oxford Reference Online defines cyber crime as crime committed over the internet. The Encyclopedia Britannica defines cyber crime as any crime that is committed by means of special knowledge or expert use of computer technology. ( Cyber crime could reasonably include a wide variety of criminal offences and activities. The scope of this definition becomes wider with a frequent companion or substitute term computerrelated crime. Examples activities that are considered cyber crime can be found in the United Nations Manual on the Prevention and Control of Computer-Related Crime. The manual includes fraud, forgery, computer sabotage, unauthorised access and copying of computer programs as examples of cyber crime. ( Malaysia was amongst the first few countries in the world to introduce cyber laws. An example of such cyber is the Computer Crimes Act 1997. This cyber law addresses and looks into areas of cyber crime activities.

2.CONTENT a)Classification of cyber Crime. The cyber criminals constitute of varios groups. 1. Organised hackers These kinds of hackers are mostly organized together to fulfil certain objective.The reason may be to fulfil their political bias,fundamentalism.etc. USA is one of the countries that are often attacked .Futher the NASA as well the Microsft sites is always under attack by the hackers.Malaysia also can not prevent such

2. Professional hackers/crackers Their work is motivated by the colour of money.These kinds hackers are mostly employed to hack site of the rivals and get credible,reliable and valueable 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. 3. Discontented employees This group include those people who have been either sacked by their employer or are dissatisfied with their employer.To avenge they normalay hack the system of their employee. 4. Children an adolescents between the age group 6-18 years The simple reason for this type of delinquent behavior pattern in children is seen mostly due to the inquitiveness to know and explore the things.Other cognate reason may be to prove themselves to be outstanding amongst other children in their group.Comapare with children in Malayasia and USA,USA children are more participate in this cyber crime.

Cyber crime can be classified into several groups, 1. Agains Individuals a) their person b) their property of an individualvia e-mails e.g i.Harassment ii.Cyber-stalking iii.Defamation iv.Email spoofing v.cheating & Fraud 2. Against Organization a) Government-e.g USA a big country include Malaysia. b) Firm,company,Group individuals e.g i.Transmitting virus ii.Computer vandalism iii.Netrepass iv.Intelectual Property crimes v.Internet time thefts 3. Against Society large e.g i.Pornography ii.Polluting the youth through indecent exposure iii.Trafficking iv.Financial crimes.

Comparison of cyber crime in Malaysia and USA. Malaysia and USA have similarities in development of cyber,but there is a difference in term of cyber crime. Cyber space is a virtual space that has become as important as real space for business, politics, and communities. Malaysias commitment in using Information and Communication Technology (ICT) as reflected by the investment in the Multimedia Super Corridor (MSC) and its Flagships increases our dependency on cyber space. However, this dependency places Malaysia in an extremely precarious position because cyber space is vulnerable to borderless cyber attacks. Cyber space, as it stands today, gives rise to both positive and negative consequences. For negative consequences, the ingredient of this digital soup is so vague that many refer to it as the dark sides of technology and that cyber criminal currently have the upper hand over law enforcement efforts. The applicability and effectiveness of our existing laws need to be constantly reviewed to face the risks coming from the cyber world.

According to the statistic ,USA is the most highest cyber crime in the world.For example the terrorist is always attack their government web ,organization and the report said that happens day by day.USA is developed countries,so the criminal is always going on.Compare to Malaysia it is developing countries.So it`s diference and sure the cyber crime is more focus to developed countries liku USA. At this juncture a necessity may be felt that what is the need to distinguish between cyber crime in Malaysia and USA is both are criminals acts.A cyber crime is generally a domestic issue,whichch may have international consequences,however cyber terrorism is aglobal concern ,which has domestic as well international consequeces.

Harassment through e-mails is now a new concept.Both countries,are having this crime.It is similar to harassing through letters.Dissemination of obsence material/Indecent exposure.Pornography/Polluting through indecent exposure. Pornography on the net may take varios forms.It may include the hosting of web site containing these probhited material.Again ,both country having this proble.These obsence matters may cause harm to the mind of the adolescent and tend to deprave or corrupt their mind of these two countries. - computer trickery - financial theft and misuse - forgery of data and documents - making and use of computer viruses - computer sabotage and espionage - hackership Computer trickery is crime committed by a person through inputting certain false data or by not inputting certain important data with the aim of changing the result of the electronic processing or data transfer and in such way the perpetrator (doer of the crime) can get material benefit for him/her or can cause damage to another person. Financial theft and misuse committed with use of computers are most frequent crimes and they refer to the misuse of credit cards which represent one of the most common and most modern ways of payment (circulation media) as well as entering into the protection systems and making unauthorized financial transactions. Todays level of computer development allows digitalization and changing of the contents of various paperwork and documents which are used in the legal traffic and forgery of data in electronic form. Moreover, there are frequent attempts to forge banknotes with usage of computer, scanner and printer whose performance possibilities reach a very high level nowadays. Computer viruses are software programs which are made by irresponsible individuals to cause damage to many computers connected in network, for example the Internet, and are considered one of the most powerful weapons of cyber criminals. Basic characteristic of these programs are: - They copy themselves into each computer they came in contact with - They are not noticeable i.e. users often do not know about them especially if a program for virus scanning is not installed

- They automatically do some commands like deleting useful data out of the victims computer, or sending data to other location in the network about which the owner of the computer does not know. Apart from hackers and the groups they organize to enter into protection systems illegally today there are secret specialized governmental services which enter into the computer systems of other states to espionage (spy). So the term computer espionage means a very modern form of intelligence, but there is industrial espionage too used only for commercial purposes. We talk about computer sabotage when somebody destroys, deletes, changes, hides or in some other way makes a datum or program useless or damages the computer which is important for a state organ, institution or public service. Cyber criminals or hackers as they are popularly called are as a rule are persons with special expert and practical knowledge and are very skillful in the domain (field) of high information technology and who use their knowledge to damage some protection systems. Hackership as a modern phenomenon is a result of the challenge to decode and break the protection of a certain information system and finally to enter it. These crimes are done secretly without any space connection between their doer and the victim. As a rule they are difficult to prove and stay in the dark crime. Very often even the administrators of the network systems cannot identify unauthorized entering in a system by a hacker until the system shows damage (starts not to function / starts to malfunction).

3.SUGGESTION What should we do to prevent this cyber crime?There are many ways to prevent.It begin at your home or organization. a)Administrators of information systems find out - the investigation and producing evidence must be done by experts that have practical knowledge b)Computer forensic One of the most frequent ways to discover any crime is receiving a report about it by the injured party. This is true for computer crimes too. In this sense an injured party can be both physical and legal subjects, state organs and institutions. For example when people who administrate and maintain information systems notice that there was unauthorized entering into the system by unknown user(s) and that there was loss of data or system failure they should report the incident to the competent state organ that will find out, determine the damage done and undertake legal sanctions against the crime doer. Investigators of this type of crime sometimes use the original application program and sometimes use special software for analysis and tools for investigation. Investigators have found ways to collect traces from a remote computer which is out of their physical reach throughtelephone line or network connection. Moreover it is possible to follow the work of the computer network using the Internet. These procedures are part of what is called computer forensic so some people use this term to talk about (to refer to) analysis of complex data (for example investigating connections among individuals by investigating telephone logging and/or bank transactions. The other use of the term computer forensic is to talk about events whencomputers are used in court in the form of computer graphics in order to illustrate complex situation or as a replacement for a great number of pages based on investigation and states. What is computer forensic actually? Computer forensic is evidence produced by a computer which is supported, conclusive (convincing), and sufficient to be accepted by the court. Forensic Information Procedures No matter how much people are careful when stealing electronic information they leave behind

traces of their activities. Also when perpetrators try to destroy the evidence (proof) in the computer they leave traces behind. In both cases the traces are detectible and can be presented before the court.

Computer forensic specialists do more than turning on of the computer to list folders or browse files. They should be able to run complex evidence recovery procedures with ability and expertise that will support the credibility of the expert witnessing in question. They should be able to do these services: - Copying of data - Search of evidence in electronic mail and other Internet communication - Recalling of data - Browsing of documents and other data - Filing and presenting of computer traces 7 5. PREVENTION OF THE COMPUTER CRIME - information education - administering of the information systems by trained persons - use of protection from unauthorized entering (both hardware and software security systems) - punishing of the computer crimes The term information education here refers to education of each computer user on the dangers of the computer crimes, especially the young generation which are themost numerous users. Through this education each individual user will learn how to protect from himself from cyber intruders or computer viruses before injuries happen. When choosing administrators who will take care of the security of the information systems special attention should be paid to their proper education and experience so that they are one step ahead of the computer criminals and so that they apply proper protection of the systems they administrate, according to regulations. When choosing security systems modern tested technologies in this field should be used so that you minimize risks from the so-called security holes in the systems which are skillfully used by hackers to enter them. Having in mind the dangers of the computer crime the state

should pass proper sanctions against perpetrators of such crime that will impose serious threat to many potential hackers who will not run the risk of entering into protected systems.

4. CONCLUSION - The computer crime is a great social danger - Each individual who is a computer user in a network should be aware of the possibilities of external intruding and attack - Protection in time (Due protection) - Punishing and re-socialization of the perpetrators This type of crime easily passes state borders and is international in nature. Also the amount of the injury when they are done is increasing every day. Moreover, international terrorist groups use computers and the global network more and more to fulfill their goals. Every modern state should undertake proper due measures to prevent and sanctify this crime. Also selecting teams within Interpol will contribution greatly to successful handling of this ultramodern crime of the present and of the future. Each individual that is a computer user for private or duty purposes should be aware of the danger and should use specialized original software for protection from computer attacks and viruses so that risks of injury are minimized. Finally the perpetrators of these crimes should be re-socialized through their involvement in the constructive streams of informatics, and in such their knowledge of computers is made useful.


REFERENCES Assoc Prof Dr Alias Mohd Yatim,Assoc Prof Hazidi Abdul Hamid Mohd helmi Abdul rahim OUM H 1203 English For Communication.Open Universtyu Malaysia, Kuala Lumpur Geever,J.C (2004).The foundation centre,s guide to proposal writing (4th ed) New York :The Foundation centre www.techter

* LL.B (1998), BA (1998), LL.M (2000), DU (2003). Member of the Council of State (Conseil dEtat). Member of several NGOs. Phd Researcher at the School of Law, University of Lyon III, France.