Computer Crimes Act

Today as there has several fraudulent activities been occurred by using a computers as a tool to commit computer crimes, a law needs to be formed to promote a high level of consumer confidence and to protect the information security and network reliability and integrity. Therefore, the first important step that is taken by the government to combat this new type of crime is by introducing a new legal framework to facilitate the development of ICT systems by countering the threats and abuses related to such system called Cyber Laws of Malaysia.

Malaysian legal frameworks

- computer crimes in Malaysia are mainly provided in the Computer Crime  Act 1997, since the Act was intended to be the first specific cyber-crime legislation in the country

- Due to limit scope of the Act compared to the evolving types of computer crimes, not all redresses can be sought to this specific law.
- This where other laws including the conventional laws would cover the remedies. Included in the list are Copyrights Act, Communication and multimedia Act, Panel Code and Internal security Act.

Computer Crimes Act 1997:  One of the main laws that cover computer crimes is the Computer Crimes Act 1997, designed to make criminal offence. It was passed to provide for offences relating to misuse of computers. It addresses unauthorized access, unauthorized modification, and wrongful communication. It prohibits different types of computer related crimes.  

• Within the first category, CCA criminalizes the acts of unauthorized access (section 3), unauthorized modification (section 5) and wrongful communication of access code or passwords (section 6)
• Meanwhile, for the second category that involves other substantially criminal offences, the CCA penalizes the act of unauthorized access that purports to facilitate further offences (section 4)

         Unauthorized Access

• 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
• The section follows on by stating that a person guilty under this section is liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both.
  
  Unauthorized Modification

• 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
• The offences under this section are punished with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both. However, if the act is done with further intention of causing 
• injury, it can be punished up to RM 150,000.00 fine or to 10 years imprisonment or both.
  
  Example of unauthorized modification
• Unauthorized alteration, amendment and modification of data
• System intrusion and sabotage
• Website defacing
• System and website destruction
• Spreading virus that may cause data alteration or system destruction.
  
  Wrongful Communication of Means of Access
• Section 6(1): A person shall be guilty of of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate.
• With this provision, it is clearly an offence for any person to let unauthorized people know any means of access to a computer system (in the form of number, code, PIN, password, etc.) This provision is very important to ensure the confidentiality and integrity of an information and data stored in the computer system. This type of offence is punishable by a maximum RM 25,000.00 fine or a 3 years imprisonment or both.
  
  Computer Crime Act is very essential to be formed in such frauds easily happen. The Act is remaining for combating computer threats that committed by criminals. One more significant to stay away and avoid from bleaches is to be careful ourselves such as do not write down any password in any insecure place.