Title: Cyber Crime (Say NO to Hacking)

Farmer escapes the gallows over schoolgirl’s murder

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F12%2F16%2Fnation%2F20091216162651

Summary:
A padi farmer escaped the gallows when the High Court here judged him to have been insane when committing the murder of a 13-year-old schoolgirl. When delivering the sentence, High Court judge Justice said 48-year-old Wong KoK Ching was found to have committed the offence but was acquitted as he was medically proven to be insane. Wong was charged with the murder of Lim Wan Qing in Kedai Pasar Mini Chui Chak. Deputy public prosecutor said a psychiatrist’s report confirmed that Wong was suffering from schizophrenia and he was not in a mentally stable condition during the day of incident.

Comment:
In my opinion, I think that in this situation, Wong should not be free wherever he wants to go so that nothing dangerous could happen. Besides, for them who are new to town will not know what was actually happen to Wong that he is insane, so Wong's family should handle this well and take full responsibility on this case. n this case, I think Wong should be punished based on what he had done although he is insane so that it is fair for Lim.

Mum: Black magic used to lure my daughter

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F12%2F15%2Fnation%2F5301176

Summary:
A woman suspects that black magic was used to charm her daughter who has gone missing. Nur Liyana met a 42-year-old man of Thai descent when he frequented her food stall in June. She became friendly with the man, who invited her to work in Langkawi. Nur Liyana informed her mother that she had found a job in a restaurant there, but two months later, told her twin sister that she needed to find another job because the restaurant was facing problems. After they found her in a club, they bring her back.

Comment:
In this case, if according to science theory, there is no such black magic but only the attitude of Nur Liyana who doesn't know how to take good care of herself. In this case, we should send Nur Liyana for psychological check up and discover the matter but not only assume that she was lured by theblack magic.

Ah Longs ‘book’ customers on Facebook

Below is the link for the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F12%2F15%2Fnation%2F5300911

Summary:
LOAN sharks sourcing for potential customers through Facebook. Loan sharks had appointed middlemen who would trawl the social networking site for customers. Deputy Inspector-General of Police saying that the loan sharks seemed to be very good at identifying people who had failed to obtain loans through legal channels. They will then get in touch with them through Facebook and convince them to take a loan. Everytime the authority successfully trace the account, it is closed down and a new account is registered. Police were currently waiting for the right time to take action after successfully identifying a few groups that had set up new accounts.

Comment:
Loan sharks are actually doing business by making loans to others illegally with higher interest, but the way they implement it through facebook seems to be too advanced with the attractive interface and to attract more customers, in this way, people will think that it is an legal activity that carried out. Besides, I think the authority should straight away terminate the facebook account where they can trace the email account as well so that it will totally stop all the interaction between them and their clients.

Some bloggers are unethical, claims Hishammuddin

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F12%2F15%2Fnation%2F20091215123042

Summary:
Home Minister Datuk Seri Hishammuddin Tun Hussein claimed that some bloggers, unlike local journalists, do not adhere to the rules and ethics of journalism in their bid to garner popularity. This was what differentiated the journalists from these bloggers. He claimed that journalists in Malaysia would have nothing to fear so long as their reports adhered to the ethics of journalism, adding that they would be accepted by the people compared to the bloggers.

Comment:
According to the article, bloggers have their rights to post what they wanted to say but must not mentioned about any unethical issue. This would leads to sensitive that could bring in some unnecessary action that will be taken by the government. Besides, bloggers should try their best to find out the truth instead of spreading the rumors and untrue information about something or someone else. As a blogger as well, we must maintain the professionalism as how a blogger should behave in posting.

Chin Peng apologises for death of innocents

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F5162732

Chin Peng, former PKM leader, offered an apology to the victims and families of the Communist Party of Malaya’s acts of violence during the long years of its insurgency. In the past, Chin Peng had been unrepentant over the loss of lives, nor regretted taking up the armed struggle. He also remains a committed communist. He said he did not expect the public to forgive him for the past but hoped they could put their differences behind them.
Chin Peng lost his court battle last year to be allowed to return to Malaysia. During the interview in Bangkok, he talked about his living arrangements; his relationship with his children and his source of funds. He also alleged that he was prevented from returning because the Government played him out soon after the Peace Accord.

Comment:
In my opinion, I think that Chin Peng has the right to come back to Malaysia because he is still a Malaysian, who was participated in the war leading the Malayan communist party. For his past, he was a leader of PKM but it was the past. He has the right to return to his home country. Chin Peng was right about the spirit of his during the time he led the PKM by taking full responsiblity to protect his PKM and fight for their right. It was a war, once we step into a battlefield then we must fight to the victory without stepping back and returning back. As I said, it was the past of Chin Peng's life and he has the right to return and his body as well should be buried at Setiawan, Perak where he was born.

Woman and daughters in court over babies-for-sale racket

Below is the link for the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F12%2F15%2Fnation%2F20091215200027

Summary:
A woman and her two daughters for allegedly participating in a baby-for-sale earlier this month. Muhammad Affendy Mohd Yusof requested the court to release them as one of them not in good health, while the other 2 have their children to care for. Deputy public prosecutors urged the court not to grant bail due to the severity of the case. Sessions Court judge granted bail at RM15,000 each with one surety for each accused. All three are required to report to the nearest police department on the first day of each month.

Comment:
In this case, 3 of them were actually did illegal business by selling babies. I think police should investigate where the sources of babies from and arrest them who involve in the whole babies selling process. For me, I agree with deputy public prosecutors that not to grant bail to them, as we can see, the lawyer requested to release them due to the reason that they have their children to care for while in the other hand, they are selling babies.
As a conclusion, the appropriate punishment that gave to them by the sessions court will help them to turn over a new leaf.

Court ruling takes bite out of local council summonses

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F5162786

Summary:
you may be able to get away with government summonses for illegal parking, not displaying a valid parking ticket, open burning or not having a dog license that issued by local government. A recent High Court ruling in a landmark case which stated that local councils did not have the right to prosecute anyone as such a prosecution would contravene the Federal Constitution. Mini-market owner Subrama­niam Gopal, 50, defied the orders of the Lanchang Temerloh Muni­cipal Council to move his fish and vegetable business to the new council market and was taken to court on four charges of operating his business without a valid licence.
Temerloh High Court Judicial Commissioner Akhtar Tahir overturned a magistrate court’s ruling and said that if anyone was going to prosecute Subramaniam, it should be the Attorney-General. Judge Akhtar then ordered that Subramaniam be given a discharge not amounting to an acquittal.

Comment:
In my opinion, we could get away with government summonses as long as the summonses on our deeds no harm for others. For the case of Subramaniam, I think this depends on the operation of the business. The way he places his fish and vegetables that probably could affect others but if it really doesn't affect others then it shouldn't be any problem. For the case of Subramaniam, I think High Court Judicial Commisioner takes the right action for the discharge.

Tutorial Exercise - Law on PDPD and Cybercrime

1. Linda was stunned in front 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 the unfavorable email against her. With reference to the above case, explain the meaning of online defamation, and discuss the legal remedies available for Linda. (Nov 2004)

Defamation means something attack the good reputation of somebody or say bad things about somebody , meaning as a result of malice, desire to harm someone else and its a unprivileged statement of fact. Online defamation means someone attack somebody else through Internet. One would have grounds for a lawsuit if remarks were made about them that were defaming to their character online. The side have to prove that the statement is false as well as malice in order to win for the lawsuit.

In Linda case, Linda can prove the email for her lawyer to against the senders. In Malaysia, in LAW OF MALAYSIA, penal code section 499 to section 502 is applicable for the case as Linda. If the senders is found guilty, he or she might get punishment. This can be divided into civil or criminal cases. In civil cases, the person sue the makers just want to get compensation on what he/she had damage on the person’s reputation. But, in criminal cases, whoever defames another shall be punished with two years of jail or with fine or with both. For Linda, she can sue the person for damage her reputation , get compensation and seek for apologizes.

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.

What is cyber crime? Cyber crime can be simple be describe as access other people ’s personal computer without any authorised right. Other than that, illegal interception or someone damage or delete computer data without right, can be said as cyber crime too. In Malaysia Law, cyber crime can fall into Computer Crime Act 1997 that related to the misuse of computer.

Tommy had cracked university’s information system and this is the acts of unauthorized access on CCA 1997 , section 3. An person shall be guilty of an offence if (a) he causes a pc to perform any function with intent to secure access to any program or data held in any computer ; (b)the access is unauthorized ; (c) the person knows at the time when he causes the computer to perform the function. Whoever fall under this section , will be liable to a maximum RM50,000 fine or 5 years jail or both.

Furthermore, Tommy had done another serious act which is defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. This can lead him under Computer Crime Act 1997 ,Section 5(1) which is the person modified of the contents of a computer without any rights. IF the person is found any guilty under this act, will be punishable with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both. Nevertheless, Tommy said his action is just for fun exploring the system’s weaknesses and without any criminal intention. But, what he did was attempted to unauthorized access to his university ’s system.

More Indonesian maids by year end?

Below is the link to the article:
http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F20091122133940

Summary:
Supply of domestic workers to Malaysia had been banned since June after several cases of maid abuse had been reported here and Malaysian households may be able to employ Indonesian domestic workers again by the end of the year. According to Dr Subramaniam, Indonesia had voiced its readiness to settle the impending issues as soon as possible.

Comment:
In my opinion, I think everybody includes workers from other countries have their rights t0 voice out anything such as the abuse and torture by the local employers. Besides that, maids like them who came from Indonesia and so on must behave as well and take full responsibility on their work and no bullying on anyone who are related to their employers such as employers' children and so on. Employers as well must behave in treating the maids but not torturing them. If anything happens, both employers and maids must voice out and discuss instead of taking actions such as abusing, torturing and so on.

Interpol bust online illegal pharmacy racket

Below is the link to this article:

http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F20091122165850

751 websites engaged in illegal online pharmacies selling dangerous and illegal drugs has been uncovered by Interpol. Singapore and Thailand were involved. According to Interpol secretary-general Ronald K. Noble, the agency's primary goal was to protect the public by removing counterfeit and illicit medicines from the market. It did this by shutting down those engaged in illegal sales on the web and by criminally prosecuting those potentially putting the lives of innocent consumers at risk. 72 websites were removed and 995 packages inspected by investigators and Customs officials, while 167,000 illicit and counterfeit pills such as antibiotics, steroids and slimming pills were confiscated.

United States alone for this illegal business was estimated at around US$30mil (RM105mil). In India, the Narcotics Control Bureau arrested three suspects in Hyderabad suspected of operating an illegal internet pharmacy, selling drugs that needed prescription. Indian investigators discovered drugs worth nearly RM3.7mil.

Comment on this issue:

In my opinion, I think people that distribute drugs and other dangerous stuffs such as steroid, pills and so on should be punished by violating the function of the internet and distributing drugs in Malaysia which could lead to death sentence. Those websites should be terminated totally globally and sources must be found by them who in charge. Operations must be launched on not only Thailand and Singapore but Malaysia as well. The reason is because Malaysia is in between both coutry that involved in this case, I think probably Malaysian involved in this as well but not as serious as both of these countries.

Victim's dad nabs kidnapper

Below is the link to the article:

http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F5162504

Summary of the article:
An ex-convict raped a 11-year-old girl, who was kidnapped and managed to convince him to take her home.This ex-convict was promptly arrested. According to the article, the girl told the suspect she was an only child and came from a poor family. The suspect kidnapped the victim to ride pillion on his motorcycle. The suspect was convinced by her story and dropped her at the doorstep of her house. She then got her father and neighbours to nab the man.

The girl said the suspect took her to a house in Ketereh about 40km from her house. State CID chief ACP Mazlan Lazim who confirmed the incident said police was investigating the case under Section 363 and Section 376 of the Penal Code for kidnap and rape respectively.

Comment on this article:

This ex-convict was investigated that he kidnapped and raped the child. In this case, he will be charged under Section 363 and Section 376 of the Penal Code for kidnap and rape which is the Punishment for kidnapping, whoever kidnaps any person from Malaysia or from lawful guardianship, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine and Punishment for rape, whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping.

In my opinion, I think this ex-convict should face both of these punishments if he found guilty even he has the mercy of sending the child back to her home but at the very first moment when he decides to convince the child to follow him back and attempt to kidnap the child, he should know the consequences on everything that he had done.

Girl and stepmum held over bid to kill first wife

http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F22%2Fnation%2F5162646

Summary:
A 25-year-old stepmother said to be jealous of the husband’s first wife. A girl,15 year-old, the daughter of the first wife, who close with the younger wife tried to kill her mother, who is a staff member of the state Land and Survey Department.

According to Papar police chief Deputy Supt Nek Zaidi Zakaria after reading SMS exchanges between the stepmother and the girl, the 38-year-old mother was asleep in her house when she was awakened by a burning sensation on her face. The mother fended off her attacker and was shocked to discover that it was her own daughter. Family members and neighbours rushed the victim to hospital and she lodged a police report the next day.

Police first picked up the girl and subsequently arrested the stepmother. Supt Nek Zaidi said initial investigations showed that the stepmother had given the girl the formic acid on Nov 9 at a shopping centre and later sent her several SMSes ordering the girl to kill her mother.

Comment:

According to the article, this case falls under Public law which categorized in the criminal law. This girl is attempting to kill her own mother by using sarong laced with formic acid. BUT the one that actually plan the whole process is her stepmother who believed to be jealous of the first wife. Both the stepmother and the daughter were running the whole process. In this case, both of them must be arrested where the stepmother gave orders to the girl to murder the mother, while the girl arrested caused by the action that she made for attempting to murder her own mother.

The sanctions of this case probably will be imprisonment, fine or both and for the girl, she need to categorized into juvenile record because she is below 18 running a criminal prosecution.

A contract is a binding legal agreement which is enforceable in a court of law. Meaning, a contract is an exchange of promises for the acts of breaking the law where it provides a legal reparation.

Whenever there is an offer capable of immediate acceptance is met with a "mirror image" acceptance, an agreement is said to be reached. The parties must have the necessary capacity to contract and the contract must not be either impossible, indeterminate, unimportant or illegal.

below is the link to the article where a man charged with killing his mother:

http://thestar.com.my/news/story.asp?sec=nation&file=%2F2009%2F11%2F11%2Fnation%2F20091111140505

Summary:

22-year-old J. Saravanan was charged at a Magistrates Court here with murdering his mother K. Malilla, 47, using an iron rod at their home in Kampung MIC in Ulu Tiram. He stuffed his mother inside a travel bag. The accused J. Saravanan, 22, being brought to the Johor Baru magistrate's court.

Malilla’s body was discovered in the travel bag placed under the kitchen sink at their home after she was reported missing 24 hours earlier. The accused faces the death sentence if convicted under Section 302 of the Penal Code for murder. No plea was recorded.

Magistrate Hafizah Johor Ariff Johor ordered the case to be transferred to the High Court. DPP Rashidah Abdul Radzaz prosecuted while the accused was not represented.

Comments:

According to the article with the summary that showed on top, this is a murdering case which falls under public law which belongs to the category of criminal law. According to what we've seen in the article, J. Saravanan would face the death sentence if convicted under Section 302 of the Penal Code for murder. The article also stated that no plea was recorded which means there isn't any formal statement on behalf of J. Saravanan that statedguilt or innocence in response to a charge.