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Cyber Crimes in Malaysia and U.S.A What should we do in Malaysia. 1. Defination. The term social context refers to the Cyber crime 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. Cyber crime also includes nonmonetary offenses, such as creating and distributing viruses on other computers or posting confidential business information on the Internet. According in Wikipedia, cyber crimes mean 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. Net crime refers to criminal exploitation of the Internet. Such crimes may threaten a nations security and financial health. A generalized definition of cyber crime may be unlawful acts where in 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 definition , cyber stalking. The computer may however be target for unlawful acts in the following casesunauthorized access to computer-computer system then 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 system, physically damaging the computer system. The term cyber crime is a misnomer. This term has no where been defined in any statute and act passed or enacted by the Indian Parliament . The concept of cyber crime is not radically different from the concept of conventional crime. Both include conduct whether act or mission, which cause breach of rules of law and counter balanced by the sanction of the state .Before evaluating the concept of cyber crime it is obvious that the
concept of conventional crime be discussed and the points of similarity and deviance between both these forms may be discussed. Like traditional crime , Cyber crime has many different facets and occurs in a

wide variety of scenarios and environments. Current denition of Cyber crime have evolved experientially. They differ depending on the perception of both observer/protector and victim, and are partly a function of computer-related crimes geographic evolution. For example, The Council of Europes Cybercrime Treaty uses the term Cybercrime to refer to offences ranging from criminal activity against data to content and copyright infringement . However , Zeviar-Geese suggest that the denition is broader, including activities such as fraud, unauthorized access, child pornography, and cyber stalking. The United Nations Manual on the Prevention and Control of Computer

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Related Crime includes fraud, forgery, and unauthorized access in its cyber crime denition. Classification of Cyber Crime Computer crimes involve activities of software theft, where in the privacy of the users is hampered. These criminal activities involve the breach of human and information privacy ,as also the theft and illegal alteration of system critical information. The different types of computer crimes have necessitated the introduction and use of newer and more effective security measures. Whatever ,classification of cyber crime have 4 categories .The categories is below cyber crime against individual ,against property ,against organization and against society. Cyber crime against individual Cybercrimes committed against persons include various crimes like transmission of child-pornography, harassment of any one with the use of a computer such as e-mail. The trafficking, distribution, posting, and dissemination of obscene material including pornography and indecent exposure, constitutes one of the most important Cybercrimes known today. The potential harm of such a crime to humanity can hardly be amplified. This is one Cybercrime which threatens to undermine the growth of the younger generation as also leave irreparable scars and injury on the younger generation, if not controlled. For example , where in the damage was not done to a person but to the masses is the case of the Melissa virus. The Melissa virus first appeared on the internet in March of 1999. It spread rapidly throughout computer systems in the United States and Europe. It is estimated that the virus caused 80 million dollars in damages to computers world wide. For that, cyber harassment is a distinct Cyber crime. Various kinds of harassment can and do occur in cyberspace, or through the use of cyberspace. Harassment can be sexual, racial, religious, or other. Persons perpetuating such harassment are also guilty of cybercrimes. Cyber harassment as a crime also brings us to another related area of violation of privacy of citizens. Violation of privacy of online citizens is a Cybercrime of a grave nature. No one likes any other person invading the invaluable and extremely touchy area of his or her own privacy which the medium of internet grants to the citizen
.Meanwhile,

Cyber Stalking too one of cyber crime against individual .Its means

following the moves of an individual's activity over internet. It can be done with the help

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of many protocols available such at e- mail, chat rooms, user net groups .For the example, that nice person you invited to be a Facebook friend could turn out to be a fiend. BEWARE WHO YOU 'FRIEND': A cyber stalker can harass the victim in online chat room, with social networking tools like Twitter and Facebook , even e-mail, SMS and calls.

Cybercrime against property The second category of Cyber-crimes is that of Cybercrimes against all forms of property. These crimes include computer vandalism (destruction of others' property), transmission of harmful programmes . For example like phishing .Phishing is the act of attempting to acquire sensitive information like user names ,pass words and credit card details by disguising as a trust worthy source. Phishing is carried out through emails or by luring the users to enter personal information through fake websites .Criminals often use websites that have a look and feel of some popular website, which makes the users feel safe to enter their details there. According to Kannan Velayutham , a Symantec Malaysia consultant for enterprise security, it is fairly easy to replicate a website the phisher usually creates a look-alike website with the same identity, logos, colours and links. Prevention is always better than curb. By the end of this paper, some best practices for consumers and corporations .Recently phishing has emerge into the limelight, whereby cyber criminals will either use a persons details to create fake accounts, ruin a victims credit or even prevent victims from accessing their own accounts after confidential information are fraudulently acquired.

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Cybercrime against organization/ government The third category of Cyber-crimes relate to Cyber crimes against Government. Cyber terrorism is one distinct kind of crime in this category. 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 terrorist the citizens of a country. This crime manifests itself into terrorism when an individual "cracks" into a government or military maintained website .As long as cyber crime against organization like computer viruses . Computer viruses are computer programs that can replicate themselves and harm the computer systems on a network without the knowledge of the system users. Viruses spread to other computers through network file system, through the network, Internet or by the means of removable devices like USB drives and CDs. Computer viruses are after all , forms of malicious codes written with an aim to harm a computer system and destroy information .Writing computer viruses is a criminal activity as virus infections can crash computer systems , there by destroying great amounts of critical data. As stated above,

the term "computer virus" is sometimes used as a catch-all phrase to include all types of malware, even those that do not have the reproductive ability. Malware includes computer viruses, computer worms, Trojan horses, most rootkits , spyware, dishonest adware and other malicious and unwanted software, including true viruses. Viruses are sometimes confused with worms and Trojan horses, which are technically different. A worm can exploit security vulnerabilities to spread itself automatically to other computers through networks, while a Trojan horse is a program that appears harmless but hides malicious functions. For example , its happen to SMBs at Kuala Lumpur , July 22 . According to Alex Ong the Symantec's country manager for Malaysia , the survey showed that the average SMB world wide was spending US$51,000 a year to protect their information. Loss of data and cyber-attacks have been identified stop business risks for small and medium businesses (SMBs).This came ahead of traditional criminal activity, natural disasters and terrorism. ( bernama Thursday , July 22)

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Comparison cyber crime in Malaysia and USA Cyber crime law Despite, in Malaysia the punishment for the cyber crime is cases of computer fraud would normally be investigated under the Computer Crimes Act 1997 (Act 563) (CCA), which provides for the punishment of unauthorized access with intent to commit the offence of fraud or dishonesty under the Penal Code. An abstract of punishment under the Act are listed below:

LIST OF PUNISHMENT SECTION 3 4 5 IMPRISONMENT Not > 5 years Not > 10 years FINE Not > RM 50,000 Not > RM150,000 OR BOTH / / /

Not > 7 years ; if cases Not> RM 100,000, injury ,Not > 10 years if causes injury, Not > RM 150,000.

6 7

Not > 3 years Not of maximum term

Not > RM 25,000 Same amount as

/ /

offences of abetted. 11 Not > 3 years Not > RM25,000 /

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But in USA, criminals for cyber crime the punishment are listed below:

15 USC 1644, prohibiting fraudulent use of credit cards 18 USC 1029, prohibiting fraudulent acquisition of telecommunications services 18 USC 1030, prohibiting unauthorized access to any computer operated by the U.S. Government, financial institution insured by the U.S. Government, federally registered securities dealer, or foreign bank. 18 USC 1343, prohibiting wire fraud 18 USC 1361-2, prohibiting malicious mischief 18 USC 1831, prohibiting stealing of trade secrets 18 USC 2314, prohibiting interstate transport of stolen, converted, or fraudulently obtained material; does apply to computer data files U.S. v. Riggs, 739 F.Supp. 414 (N.D.Ill 1990). 18 USC 2319 and 17 USC 506(a), criminal violations of copyright law 18 USC 2510-11, prohibiting interception of electronic communications 18 USC 2701, prohibiting access to communications stored on a computer (i.e., privacy of e-mail) 47 USC 223, prohibiting interstate harassing telephone calls

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Statistics Meanwhile statistics cyber crime in Malaysia, according to report incidents based on general incident classification from January until October 2011 is 13173 complaints .The total so small compare in USA. Based on bar chart cyber crime for fraud is higher from cyber harassment.

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Percentage derived from the statistic according to types of cyber crime in Malaysia; 1. Content related - 0.48 % 2. Denial of service - 0.82 % 3. Cyber harassment - 5.18% 4. Fraud 5. Intrusion -27.34 % - 26.70%

6. Intrusion attempt - 8.47 % 7. Malicious codes 8. Spam - 14.82 % - 15.67 %

9. Vulnerabilities report 0.52 %

However , in USA total of cyber crime is higher from Malaysia . According cybercrime incidents reported in the USA 2010, is according to the recently released Norton Cyber Crime Report for 2011, 431 million adults worldwide were victims of cyber crime last year. The total cost of those crimes amounts to some $114 billion . Statistic was derived from Federal Bereau of Investigation (FBI) in collaboration with the Internet Crime Complaint Centre (ic3) for cyber crime statistic year 2010 in USA.

Percentage derived from the statistic according to types of cyber crime in ic3 in USA; 1. Non-delivery payment/merchandise 14.4 % 2. FBI-Related Scams - 13.2%3. 3. Identity Theft - 9.8% 4. Computer Crimes - 9.1%5. 5. Miscellaneous Fraud-8.6% 6. Advance Fee Fraud-7.6% 7. Spam-6.9% 8. Auction Fraud-5.9% 9. Credit Card Fraud-5.3% 10. Overpayment Fraud-5.3%

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Compare cyber crime in Malaysia , fraud is 27.34% and spam is -15.67%but in USA ,fraud is 32.7% and spam is 6.9%.In USA , fraud in various types such as overpayment .credit card , auction , advance and miscellaneous.

Percentage of complaints 2000 until 2010.

Total of complaints 11 years in Malaysia is 38777 complaints receive. Higher complaints in 11 year is 2004 (15286) and lowest is 2000 (503). According the table below;

YEAR 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 TOTAL

Numbers of complaints received 503 932 739 4295 15286 835 1372 1038 2123 3564 8090 38777

Percentage ( % ) 1.3 2.4 1.91 11.08 39.42 2.15 3.54 2.68 5.47 9.19 20.86 100

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Thus , in USA total cyber crime at 2000 until 2011 is 2078895 complaints .The higher complaints is 2009 (346655) and lowest is 2000 (16838).Its is the table about complaints at 11 years.

YEAR 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 TOTAL

Numbers of complaints received 16838 50412 75064 124515 200449 231493 207492 206884 275284 346655 343809 2078895

Percentage ( % ) 0.8 2.42 3.61 5.99 9.64 11.14 9.98 9.95 13.24 16.67 16.54 100

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SUGGESTIONS While, for my suggestions is we must help the government to curb and reduce cyber crime in Malaysia . It important for people because cyber crime is very dangerous . If the cyber crime not curb so government information is loses data. Firstly, Malaysia government should tight then the enforcement of computer crime Act 1997 and the communication and Multimedia Act 1998 . The Malaysian cyber laws consist of Computer Crime Act 1997 , Digital Signature Act 1997 , Telemedicine Act 1997, communication and Multimedia Act 1998 Copyright (Amendment) Act 1997, Malaysian Communication and Multimedia Commission Act 1998 and Optical Disk Act 2000.There are other existing laws that will be used in conjunctions with these acts. They are the Official Secret Act Act 1976, Patent Act 1983, Prison Act 1995, Akta Arkib Negara 44/146 and other relevant legislations .This set of Acts has made Malaysia as one of the first countries on act a comprehensive set of cyber laws. The above Acts were formed for the purpose of safe guarding consumer and service providers besides on-line businesses and owner so fintel lectual propert . Thus , secondly , Malaysia government should allow more cyber crimes investigators agencies to take part such as Cyber security Malaysia to take part in preventing cyber crimes in Malaysia .For example, Communications and Multimedia Commission (CMC) ,Technology Crime Investigation Team (TCIT) , Malaysian

Computer Emergency Response Team (MYCERT) , Reporting channel Government reporting channel Malaysian Administrative Modernization and Management Unit (MAMPU).Its can help Cyber security Malaysia to curb and reduce the cyber crime. Thirdly, people or end users of the internet or computer should be educate and aware of the Cyber security . Users must know about information in Cyber security as long as information about cybercrime in Malaysia . For example , security for users internet , credit card , banking and businesses. Lastly, Malaysia government should increase the number of cyber professional to improve the Cyber security in Malaysia . Its easy for users make report about cybercrime and give suggestions for improve the Cyber security.

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Conclusion
In a nutshell, Cyber security in Malaysia still need to be improve in order to prevent or reduce cyber crime in Malaysia. If businesses can make great use of these unifying measures, so can the criminals. Inspire by this perception and also due to the emerging international crime-related issues, there is a possibility of governments from all over the world to unify in enacting a set of international laws accepted by most, if not all. To ensure comprehensiveness, such enactment shall take into consideration cyber activities that are beyond traditional areas. Criminals have adapted the advancements of computer technology to further their own illegal activities and these inventiveness have however, far out-paced the ability of law enforcement agencies to react effectively. Therefore, within the law enforcement agencies, a set of rules must be developed to address the various categories of computer crime. As such, investigators will know what and which materials to search and seize , the electronic evidence to recover, and the chain of custody to maintain. Only then we can truly enforce law and order into no mans Land .

( 2727 WORDS)

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Appendix D

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Appendix E

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