Title: "STOP IDENTITY THEFT......let's make a difference!"

Size : A4 (Portrait & Landscape)

Description:

The poster relates to cyber-crime issue that has becoming a huge plague in the cyber world. The poster focused on the identity theft issues, with a clear message to the public telling them the need to stop the spread of this unlawful activity immediately. The objective of these posters is to raise the level of awareness on multimedia law issues locally and also globally.

Today, more people are relying the internet to get resources. P2P file sharing allows user to share their file online. Even thought file sharing can give you access to many information, it also has many risks such as user can download unwanted viruses, copyright-protected material, pornography or you could mistakenly allow other people to copy files that are not meant to be shared.

Here are some safety tips/guideline user may use if they want to share resources:

• Set up the file-sharing software very carefully, checking the proper settings so that other users won't have access to your private files.

• Adjust the file-sharing program's controls so that it is not connected to the P2P network all the time. Some file-sharing programs automatically open every time you turn on your computer.

• Consider installing anti-spyware software. Some file-sharing programs install spyware that can monitor your browsing habits and send that data to third parties.

• Use anti-virus software and a firewall and update them regularly. Files you download using a P2P network could be mislabeled, hiding a virus or other unwanted content.

(source: http://www.esecurity.org.my)

While internet allows you to connect globally without no boundaries, there are still some precautions that ones need to take so that he/she can avoid being a victim of a cyberstalker. Just follow these simple steps:

• Don't response to threatening messages or messages that makes you feel uncomfortable.
• Choose a genderless screen name which is different from your real name.
• Do not complete the online profiles with your personal information. Limits the information posted on your profile.
• Be careful when you post pictures of you, your family or your friends online.
  
• Do not flirt online, unless you're prepared to face the possible consequences such as unwanted attention or unwanted suitors.
• Don't confront the stalker, this only creates more anger and/or more emotional attacks.
• Get out of the online situations that has been hostile, log off or surf elsewhere.
  
• Do a web search on yourself and make sure that no personal information is posted online by others on you.
• Do not response to any message that seems suspicious.
  

( source: http://www.cybersecurity.org.my)

Yes, this might had happen to you. You'll be wondering in confusion (while scratching your head ) , how on earth you, yourself received an email sent by you (with your own email address as the sender of the mesaage)...! and you're pretty sure that you did not send yourself an offer claiming you've just won $1mill jackpot prize! This is what expect said as a self-sent spam.

Why is that so? It’s not because a spammer has hijacked your e-mail account and is spamming the world using your identity but the reason is because the spammer is disguising the true sender of the e-mail with a different address, a process called email spoofing (Forging an email header to make it appear as if it came from somewhere or someone other than the actual source) to target you specificall.

In e-mail spoofing, the sender manually constructs the e-mail header and chooses which information (in this case your e-mail address as the sender) to include.

Why do the spammers do this? To get you attention to read the e-mail and/or click on the hyperlinks in the email. Sometimes the spammers want you to buy the products they are peddling (attention grabber!); sometimes they want you to click on the link contained in the e-mail, which signals them that their e-mail message received a live account with a curious human at the other end, and they can then sell your e-mail address to other spammers as a potential audience for more spam from a different source. Sometimes it is for both these reasons and also to bypass filters set up through the e-mail client.

So, make sure you switch on your spam filter!

(source : http://www.webopedia.com/DidYouKnow/Internet/2003/SelfSentSpam.asp, http://www.webopedia.com/TERM/E/e_mail_spoofing.html, www.haanchiang.com/wp-content/uploads/2009/11)

1. Linda was stunned in front of her PC when she received an electronic mail, in a chain of senders and receivers, telling bad things about herself, her crazy shopping habits, her domestic problems and her involvement in superstitious activities with a bomoh(magician) allegedly for gaining her more wealth and fortunes. She is now thinking to pursue legal actions for this unfavorable email against her. With reference to the above case, explain the meaning of online defamation, and discuss the legal remedies available for Linda.


Defamation (source: The Electronic Frontier Foundation) is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. Libel is a written defamation while slander is a spoken defamation. It is also a false statement, presented as fact either deliberately intended to harm your reputation or as the result of negligence. The elements that must be proved to establish defamation includes:

1. a publication to one other than the person defamed;
2. a false statement of fact;
3. that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
4. If the plaintiff is a public figure, he or she must also prove actual malice.

Linda can take the case to court, but she has to consult online reputation expert to help her as well. She is actually being protected under the law of defamation which concerned with protecting the reputation of individual, corporation or other legal person from the harm caused by the communication of untrue statements to a third party. All the claims from the email can consider as a publication of permanent form as, according to the Law of Defamation Act 1957, Section (3) For the purpose of the law of libel and slander the broadcasting of words by means of radio communication shall be treated as publication in a permanent form. As for the severance of defences, in Section (19), Whenever in any action of libel the plaintiff sues more than one defendant, whether jointly, severally, or in the alternative, each defendant may file a separate statement of his case and appear at the trial by separate counsel or if he thinks fit, apologize or pay money into court or make other amends, whatever may be the defences set up by his co-defendants, and the plaintiff may accept such apology, money, or other amends and settle or compromise the suit and discontinue the action as between himself and one or more defendants without reference to the other defendants: Provided always that the rights and interests of the other defendant or defendants shall not in any way be prejudiced thereby.


2. Tommy, a Multimedia student at MMU, was caught by University authority after it was found that he had cracked the University’s information system, defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. It was also discovered that he had attempted to break several lecturers’ computer system but without avail. On the investigation he said that all his action was just for fun exploring the system’s weaknesses and without any criminal intention. In this case, advise the University regarding Tommy’s liabilities arising from his actions with reference to the law of computer crimes in Malaysia.

Tommy had cracked MMU’s information system which can lead him to guilty as base on CCA Section 3(1): 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 that is the case. If Tommy is guilty under this section, he is liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both.

Another wrongful act which Tommy defaced the front page the University’s official website and stolen a bulk of confidential data regarding students’ academic records can actually lead to punishable with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both as according to CCA Section 5(1): A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer. If the act is done with further intention of causing injury, Tommy can be punished up to RM 150,000.00 fine or 10 years imprisonment or both.

Although Tommy had claimed that all his action was just for fun; exploring the system’s weaknesses and without any criminal intention. He is still charged based on CCA Section(3), for recreational hacking, unauthorized access to computer, computer system and computer network, computer cracking to explore loopholes in the system and system intrusion are the acts which prohibited in the provision as well.

Many Malaysian are becoming victims/preys of cyberstalkers in the net. According to a research done by Cyber-Security Malaysia, an agency under the Science, Technology and Innovation Ministry, the number of cases in the first 10 months of the year had more than doubled to 151 from 72 last year.

As the total numbers of Internet user increases from time to time, cyber criminals are also multiplying to commit crimes. As a result, people don't really know where to make complaints if they are a victims of cyberstalker, they assume that being stalked online is normal and nothing much can be done. Unfortunately this misconception is totally wrong. For example, in Malaysia those who feel are being cyberstalked can/should report the breach privacy to Cyber-Security Malaysia, which is tasked with counselling and educating the public on online security. Although the agency is not an enforcement body and cannot apprehend cyber fiends, it has the power to remove malicious content.



Usually cyberstalkers will prey on social networkers from Facebook, Friendster etc. They will sent rude messages or posting personal pictures without the consent of the owner, or abusing their email, blogs and social networking accounts or even terrorise the victims' online contacts.

Report that had been lodged will be sent to the police and it will be treated as criminal harassment cases, which is a very serious offence.

(source: http://www.nst.com.my/Current_News/NST/articles/12kcyb/Article/)

Royal Malaysian Police may now have a better knowledge on cybersecurity as The International Multilateral Partnership Against Cyber Threats (Impact) are planning to conduct courses regarding cybersecurity.

It's aim is to help the police force in better handling with cybersecurity cases such as identity theft etc. Even though the course subjects are still in planning stage, it's expected to be introduce in the first quarter of next year and data forensics will be one of the many subjects to be offered. Beside Malaysian police force, it is said that this course will be offer to police force in The International Multilateral Partnership Against Cyber Threats (Impact) member countries, spreading in 42 countries worldwide.

Impact chairman, Datuk Mohd Noor Amin said that today many people are getting more concerned about online security, especially when it involves their identity, compared to 10 years ago. He also added that identity theft and cybersecurity are difficult problems to solve as for the poor enforcement of laws or even worse, the laws regarding these issues has yet to exist.

Without a standard laws, it's hard to charge a cybercriminal because different country have different laws. For example, victims of the crime can be in one country but the servers used may be somewhere else.

Ideally, laws on identity theft should be enforced considering how easy a criminal can obtain someone’s identity, he said.

A study had been done by information security company Symantec and from the study it shows that 57% of the time people lose their identities because they have lost their laptops or thumbdrives while only 17% is caused by hackers stealing them but either way, there aren’t proper laws to keep one’s identity secure.

In United States itself, privacy and identity theft has increasing drastically with about 200 million identity records exposed there last year. The alarming statistic show that serious action should be taken and implemented fast and efficiently by many countries around the world.



(source: http://star-techcentral.com/tech/story.asp?file=/2009/12/4/technology/20091204113310&sec=technology, www.topnews.in/files/Malaysian_Police.jpg, 3.bp.blogspot.com/.../XrvLpYQJJKQ/s400/PDRM.jpg)

When it comes to shopping-online shopping that is, Malaysian proves to be a pro in that area. According to the latest survey done by PayPal an online payment service owned by Internet auction giant eBay, Malaysian spend on an average of RM730 during festive seasons, with Chinese New Year topping the spending charts and averaging RM954 per person.

It also stated that Malaysian are considered to be among the savvy online shoppers, with more than half intending to shop online and 44% of overall holiday expenditure expected to be spent online.

So why Malaysian preferred online shopping rather than shopping at the conventional brick-and-mortar shops? It is cited that time (75%), crowds (64%) and access to a wider range of products (51%) as the main reasons for this shopping trend.

Two in five Malaysians prefer buying from online overseas merchants, citing product availability and choice, the offer of well-known brands and a more appealing website experience as the top reasons for shopping overseas.

Yet, overseas sellers should take note of buyer dislikes — high delivery fees, lengthy delivery times and lack of contact during a dispute were cited as the major disadvantages to shopping on overseas websites.

When it comes to online shopping, Malaysians are looking for a wider product range, assurance in payment security and product quality for the optimum online shopping experience...that's what we called an ultimate shopping experience!

(source: http://star-techcentral.com/tech/story.asp?file=/2009/11/3/technology/20091103095606&sec=technology)

UK police had arrested a couple who are suspected of helping to spread some of the Internet's most aggressive computer viruses here in Manchester.

A man and a woman both in their 20s were arrested on November 3rd on suspicion of spreading Trojan Horse programs known as "Zbot" or "ZeuS."

Police said the viruses are thought to have infected tens of thousands of computers worldwide, and one technology consultant described them as the "most notorious pieces of malware of recent times."

Zbot family of viruses is known of stealing personal information from computers across the world and feeding it back to cyber criminals. The viruses are commonly known as Trojan Horses or Trojans because they sneak onto computers and attack them from the inside, harvesting millions of lines of data - including banking information, credit card numbers and social networking (Facebook, MySpace, Friendster) passwords.

The viruses spread by sending e-mails or other messages from infected computers, impersonating banks, tax officials, credit card companies or even friends and enticing potential victims to click on a link that downloads the Trojan.

(Source : http://www.azcentral.com/news/articles/2009/11/18/20091118brit-computer-ON.html, psychinaction.files.wordpress.com/.../arrest.jpg)

Intellectual Property Corporation of Malaysia or MyIPO is responsible for the development and management of the intellectual property system including trademarks, patent, industrial designs, copyright, and IC Layout designs protection in Malaysia.

The objectives of MyIPO is to:

• establishing a strong and effective administration;
• strengthening intellectual property laws;
• provides comprehensive and user-friendly information on intellectual property;
• promoting public awareness programmes on the importance of intellectual property; and
• provides advisory services on intellectual property.

The Corporation is headed by a Director General and assisted by two Assistant Director Generals. Some of the important divisions are:

• Paten Division
• Trade Mark Division
• Industrial Design Division
• Geographical Indications Division
• Copyright and Layout-Designs of Integrated Circuits Division
• Planning and Corporate Services Division
• Management Services Division
• Information Technology Division
• Legal Advisory Unit
• Public Relation Unit
• Internal Audit Unit
• Corporation Secretary
• Intellectual Property Training Centre
• Sabah Branch
• Sarawak Branch

Legistations:

• Intellectual Property Corporation of Malaysia Act 2002 (Act 617)
• Trade Marks Act 1976 (Act 175)
• Patents Act 1983 (Act 291)
• Copyrights Act 1987 (Act 332)
• Industrial Design Act 1996 (Act 552)
• Layout Design and Integrated Circuit Act 2000 (Act 601)
• Geographical Indications Act 2000 (Act 602)
  

MyIPO also provide an online service for Patent and Trade Mark application & search (PANTAS). This FREE service is currently available to individual, agent or corporate registered users.

For further information, click here.




(Source: http://www.myipo.gov.my)

Many law firms and public relations companies are now in danger of being hacked by hackers. FBI warns that hackers are using a sophisticated email scheme to intrude into these companies network system and steal their highly confidential data that are often linked to large corporate clients.

FBI had issued warning to these companies/firms for these alarming increase of "hacking activities", which has begun as far as 2 years back and remain drastically increasing from time to time.

Many of these intrusions are made through "spear phishing", which means these attacks comes from personalized/customized spam e-mails that are hard to detect and seems harmless due to it subject lines appear to be appropriate to the person's business and appear to come from a trusted source.

Alan Paller, director of research at SANS Institute, a computer-security organization, said that a major law firm in New York was hacked into in early 2008 in an attack that originated in China. However,it is difficult to tell whether hackers were working on behalf of the country's government, located in that country, or simply routing computer traffic through that country. In some cases, computer network attacks can be linked to independent cyber crime groups.

Paller also told that hackers are aiming law firms and target those companies that have major international deal negotiation such as seeking a patent on highly classified new technology.

Hackers often look for documents that lay out the company's playbook for the deal, or its negotiating positions and tactics.

While opening a "spear phishing" e-mail itself does not pose a danger, they often contain Web links or attachments that when clicked on or opened will infiltrate the network or install malicious programs.

Once the hacker is in the network, they often plant a computer program that searches for, collects and copies files and sends them to a computer server, usually in another country. The program also may create a back door that will allow hackers to get back in later.

The FBI warned that the attachments or links can appear to be anything from a photo to an executable program.



(source: http://www.time.com/time/business/article, 1.bp.blogspot.com/.../s400/kaos_hacker03.jpg)

What's your definition on democracy? What does it mean...to you...to your life and even to your country. If you want to express your view regarding democracy...grab your video camera and complete these phrase "Democracy is.....". Create a 3 minutes video and maybe you'll have the chance to win :

• An all-expense-paid trip to Washington, D.C., New York and Hollywood.
• Gala screenings of the winning videos in Hollywood, New York and Washington
• Exposure to filmmakers and the U.S. film and television industry.
• Meetings with democracy advocates from government, media and civil society.

Remember the dateline is JANUARY 31, 2010. For more details click to http://www.videochallenge.america.gov.

(source: http://www.videochallenge.america.gov)

Malaysia is a country that practices parliamentary democracy while at the same time maintains a system of Constitutional Monarchy, with His Majesty the Yang di-Pertua Agong (King) as the Head of State. However, at the state level, the Sultan or Yang di-Pertua Negeri (Governor) are the Constitutional Rulers of their respective states.
The Constitution of Malaysia clearly divides the authority of the Federation into three branches: Legislative, Judiciary and the Executive. The division of authority occurs both at the federal and state levels, in keeping with the concept of federalism which forms the basis of the government administration.

The Jurisdiction of the Malaysian Courts is determined by the Courts of Judicature Act and the Surbodinate Courts Act 1948. The courts are categorized into 4 : the Superior Court, the High Courts, the Subordinate Courts and the Adjudicatory Bodies/Tribunals.

The Superior Courts
The Superior Courts consists of the Federal Court , the Special Court and the Court of Appeal .

The High Courts
The High Courts consists of the High Court in Malaya and the High Court in Sabah & Sarawak (previously known as the High Court of Borneo).

The Subordinate Courts
The Subordinate Courts in Malaysia are the Sessions Court, the Magistrates’ Court, the Court for Children and, in West Malaysia only, the Penghulu’s Court.

The Adjudicatory Bodies / Tribunals
The adjudicatory bodies / tribunals are established under different statutes. Among them are the Industrial Courts, Native Court (in Sabah & Sarawak), disciplinary tribunals, and so forth. These tribunals are almost in the same level as the subordinate courts in the sense that if one is unsatisfied with its decision, one can refer the matter to the High Courts. However, the ‘appeals’ are called judicial review, instead of appeal.

(source: http://malaysianlegalsystem.com/)

CASE 1

This case related with cyber crime.This case is about Andrew who is a computer science student attached with Mircohand Corporation in Cyberjaya as a practical trainee.

During his working hours he did some cybercrimes in his office.Below are his cyber crimes:

1) He managed to crack the company's information system but did not do anything afterwards.
2) He managed to intrude into his company's website system
3)Posted his pic on the front page of the website and left his mobile numb below his pic so that someone will call him & make friends
4)Leaked the company's system access code to his friends at University
5)Sent e-mail to his friends telling bad things about his manager

It was based on Computer Crimes Act 1997

Types of Computer Crimes and Computer related offences:

1st cyber crime as mentioned above was charged
1)under unauthorized access to computer,computer system & computer network
Applicable Laws :CCA S.3
Punishment-RM 50 000/5 YEARS in prison /both

2nd cyber crime can be charged in both offences:
2)Computer cracking to explore loopholes in system
2)System intrusion
Applicable Laws:CCA S.3
Punishment-RM 50 000/5 YEARS in prison /both

3rd cyber crime can be charged in:
3)unauthorized alteration,amendment & modification of data
Applicable Laws:CCA S.5
Punishment-RM 100 000/7 YEARS in prison /both

4th cyber crime can be charged under:
4)Unauthorized communication of passwords
Applicable Laws:CCA S.6
Punishment-RM 25 000/3 YEARS in prison /both

5th cyber crime can be charged under both offences:
5)E-mail with false spreading
Applicable Laws:CMA S.211
Punishment-RM 50 000/1 YEAR in prison /both
5)E-mail with hatred & abusive content
Applicable Laws:CMA S.211
Punishment-RM 50 000/1 YEAR in prison /both



CASE 2

It is about Meera who have been receiving emails frm travel companies that keep offering her holiday packages to various places in the wrld.She replied to the senders to stop emailling her,but only to find that the emails keep coming and flooding her inbox.

Task:Advice her in legal aspects that may arise out of this practise by the travel company.Advise her on both criminal and data protection aspects.

Solution:

Data Protection Principles involves:

Principle 4 (Disclosure of Personal Data)

Personal data shall not be disclosed without consent unless:
a)Is done for the purpose for which data was obtained
b)The person is a registered data user under the Act

Principle 3-Use of Personal Data

Personal data shall not be held without consent unless:
a)For the purpose to be used at the time of the collection of data
b)For the purpose directly related to (a)

Principle 8-Security of Personal Data

All practicable steps should be taken against unauthorized or accidental access,processing or erasure,alteration,disclosure or destruction of personal data and against accidental loss.

What is law? Do we really needs to follow all laws?....Law (according to Wikipedia) is a system of rules, usually enforced through a set of institutions....in other words, laws are rules BUT not many rules are laws! Take Non-Smoking or dress-code regulation on campus, these are rules made by universities, not laws.

I must agree that we need laws as the minimum standard of behavior for people. It ensure that the community is kept in proper order.

Back to the topic... during my legal framework class, we were shown by our lecture a few scene from the movie "Just Follow Law ". Right after class, i manage to watched the whole movie...haha! and I must say that the movie, was pretty hilarious yet filled with many cynical incidents/situation happening in our daily lives ! Below are the movie's synopsis/info:


Language: Chinese (Mandarin)

Subtitle: English (Hard-subbed)

Release Date: 2007

Genre: Comedy

Synopsis:

This is a satirical movie that humorously explores the intricacies of office politics, seen through the eyes of blue-collar worker Shui and Vice President Tanya who, through a freak accident, swap souls and bodies. They each experience life in the shoes of the other and come to a better understanding of the plights and challenges facing the workforce in Singapore.

Starring:

* Fann Wong
* Gurmit Singh
* Lina Ng
* Brandon Wong
* Suhaimi Yusof
* Samuel Chong

Welcome on board people.... This blog is specifically done for my LegalFramework subject... but again, they said if you have ideas...flaunt it!! I hope this very first post will be the starting point of many great posts yet to come... Yeah, it feels great to be able to put my writing-cap on...again! <*wink2!>