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Sunday 7 April 2013
Thursday 4 April 2013
The history of FACEBOOK
Facebook is a social networking service and website
launched in February 2004, operated and privately owned by Facebook, Inc
As of January 2011[update],
Facebook has more than 600 million active users.
Users may create a personal profile, add other users as friends, and exchange
messages, including automatic notifications when they update their profile.
Facebook users must register before using the site. Additionally, users may
join common-interest user groups, organized by workplace, school or college, or
other characteristics. The name of the service stems from the colloquial name for the book given to students
at the start of the academic year by university administrations in the United
States to help students get to know each other better. Facebook allows any
users who declare themselves to be at least 13 years old to become registered
users of the website.
Facebook
was founded by Mark Zuckerberg with his college roommates and
fellow computer science students Eduardo
Saverin, Dustin Moskovitz and Chris
Hughes.
The website's membership was initially limited by the founders to Harvard students,
but was expanded to other colleges in the Boston area, the Ivy League,
and Stanford University. It gradually added support
for students at various other universities before opening to high school
students, and, finally, to anyone aged 13 and over, but based on
ConsumersReports.org on May 2011, there are 7.5 million children under 13 with
accounts, violating the site's terms.
A
January 2009 Compete.com study ranked Facebook as the most used social networking service by worldwide
monthly active users, followed by MySpace.
Entertainment Weekly included the site on
its end-of-the-decade "best-of" list, saying, "How on earth did
we stalk our exes, remember our co-workers' birthdays, bug our friends, and
play a rousing game of Scrabulous before Facebook?" Quantcast
estimates Facebook has 138.9 million monthly unique U.S. visitors in May 2011.
According to Social Media Today, in April 2010 an estimated 41.6% of the
U.S. population had a Facebook account. Nevertheless,
Facebook's market growth started to stall in some regions, with the site losing
7 million active users in the United States and Canada in May 2011.
Law & Ethics: Robbing a bank with a gun and with a computer.
Recently, our country is
facing with criminal cases involving armed
robbery that caused death to the victims. This problem has increased from time
to time although we have laws that
govern this criminal case.
Besides armed robbery, we
also face with cyber crime which occurs one second every day. For instance,
last month our main government website has been hacked by international hackers
that give negative impact to the government of Malaysia. In criminal sense,
those crimes can be punishable according to our Act.
According to Osborn`s Concise Law Dictionary, a
robbery is “a person is guilty of robbery
if he steals, and immediately before or at the time of stealing, and in order
to steal, he uses force on any person or puts or seeks to put any person in
fear of being then and there subjected to force (Theft Act 1968, s8). The
offence of robbery at common law was abolished by the Theft Act 1968, s32.
ISSUES
RELATED TO ROBBERY
Section 390 provides for
the circumstance when theft constitutes robbery. The words “ for that end” in
this section must relate to the commission of theft. Hence, where an assault
has no relation to the theft, robbery is not committed. If for example, the
accused first assaulted the complainant and then subsequently formed an
intention to take his watch, he cannot be liable for robbery but only for
theft.
In Bishambar Nath vs Emperor Air (
1941) Oudh 476 ( HC, Oudh, India,
the applicants tried their luck at a dart shooting stall at a carnival. An
altercation ensued with the manager. A scuffle broke out and thereafter the
applicants removed cash box and money from the table. Ghulam Hassan J “ …in the
present case it cannot be contended with any show of reason that whatever
injury was caused , it was caused when the assault was made upon the stall
manager and his servant with the primary object of enabling the accused to the
committing of the theft. I am satisfied, therefore, that the assault or the beating
had no relation whatever to the commission of the theft, although there is no
doubt that the theft was committed at the same time or immediately afterwards.
I am of opinion that the accused are not guilty of an offence under s.394,
Penal Code…
The essence of the robbery
is that the offender, for the committing of theft or carrying away of or
attempting to carry away of property obtained by theft, commits one or the
other of the wrongful acts mentioned in s.390. Where a thief after the
abandoning stolen property uses violence against his pursuers in order to avoid
capture, the theft is not converted into robbery. (see Nga Po Thet, 1917). However, if violence is used, for
example, firing a guard while carrying away the booty after the commission of
the robbery, it would fall within s.390 and also under the Arm Offences Act
(Singapore).
In both Singapore and
Malaysia, s.397 deals with the situation where the offender is either “armed
with” or “uses” a deadly weapon. In India, each of these situations is dealt
with separately, the first in the Indian Penal Code s.398 which is punishable
with imprisonment of not less than 7 years for attempt
to commit robbery or dacoit when armed with deadly weapon and the second in the
Indian Penal Code s.397 which is also punishable with imprisonment of not less
than for robbery or dacoit, with attempt to cause death or grievous hurt.
However, there is no s.398
under the Singapore and FMS Penal Codes as the two situations are dealt with in
s.397.This question whether s.397 of the Singapore and the FMS Penal Codes
create a substantive offence, has been raised in number of cases in Singapore
and Malaysia.
One view is that s.397
creates a substantive offence and s.34 can be invoked. This would mean that
other miscreants who were not armed with or did not use deadly weapons could be
jointly liable with the offender. Another view is that s.397 merely prescribes
an additional punishment for this aggravated form of robbery; there is no scope
for the application of s.34.
Applicability of s.397 and
s.34.
In case of R vs
Yeo Kim Watt (1946) 12 MLJ 155 (CCA, Singapore). It was found that the
second appellant was armed with a deadly weapon i.e. a pistol but the first
appellant was not. The trial judge convicted both the appellants of the offence
of robbery under s.392 as the second appellant was armed with the pistol, he
was sentenced to an additional punishment under s.397, but not the first
appellant. The trial judge then stated a case for the decision of the Court of
Criminal Appeal as to whether he was correct in his view that s 34 of the Code
has no application to s 397.
Non-applicability of s.397
and s.34.
The non-applicability of
s.397 and s.34 has been discussed in many cases. The judges decided the cases
based on the prima facie case and the
burden of proof i.e. beyond reasonable doubt whether s.397 could be applicable
or not applicable to the decided cases.
Ong Hock Sim FJ in PP vs
Pua Kia Sing [1977] 2 MLJ 93 ( HC, KL, Malaysia) held that “ in my
view, s.397 of the Penal Code does not create any offence and s.34 cannot
therefore be invoked for the sole purpose of administering the additional
penalty of whipping upon others involved in the offence charged. S.397 does not
create an offence but empower the court to impose punishment in addition to any
other sentence provided by law for his offence…”
INTRODUCTION
TO CYBER CRIME
The first recorded cyber
crime took place in the year 1820! That is not surprising considering the fact
that the abacus, which is thought to be the earliest form of a computer, has
been around since 3500 B.C. in India, Japan and China. The area of modern
computers, however, began with the analytical engine of Charles Babbage.
In 1820, Joseph-Marie
Jacquard. A textile manufacturer in France, produced the loom. This device
allowed the repetition of a series of steps in weaving of special fabrics.
The nature of today’s
internet and computer networks means that criminal activity can be carried out
across national borders with false sense of anonymity. In cyber crimes,
computer is either used as target of offence or used as a tool for committing
the offence. Hacking, cracking, espionage, cyber-warfare, and malicious
computer code viruses are common forms of crimes that target the computer. In
short, cyber crimes taking place in the society can be enumerated as follows;
·
Financial
Crimes involving cheating, credit card frauds, money laundering, etc.
·
Intellectual
Property Crimes such as theft of computer source code, software piracy,
copyright infringement, trademark violations, etc
·
Harassments
such as Cyber Stalking, cyber defamation, indecent and abusing mails,etc
·
Cyber
Attacks and Cyber Terrorism
There is a wider
spread/widespread lack of awareness regarding cyber crimes and cyber laws among
the people who are constantly using information technology infrastructure for
official and personal purpose. The state has recently seen increased cyber crime
activities such as email harassment, defamation through web, document forgery,
etc. Unless awareness is created among the users, such crimes may not be
reported properly to the law enforcement agencies and this will block real use
of IT infrastructure by public.
CYBER CRIMES
Cyber crime
refers to any crime that involves a computer and a network. It harmful
acts committed from or against a computer or network that differ from most
terrestrial crimes in four ways. They are easy to learn how to commit; they require
few resources relative to the potential damage caused; they can be committed in
a jurisdiction without being physically present in it; and they are often not
clearly illegal.
As this report
shows, the laws of most countries do not clearly prohibit cyber crimes.
Existing terrestrial laws against physical acts of trespass or breaking and
entering often do not cover their “virtual” counterparts. Web pages such as the
e-commerce sites recently hit by widespread, distributed denial of service
attacks may not be covered by outdated laws as protected forms of property. New
kinds of crimes can fall between the cracks, as the Philippines learned when it
attempted to prosecute the perpetrator of the May 2000 Love Bug virus, which
caused billions of dollars of damage worldwide.
Effective law
enforcement is complicated by the transnational nature of cyberspace.
Mechanisms of cooperation across national borders to solve and prosecute crimes
are complex and slow. Cyber criminals can defy the conventional jurisdictional
realms of sovereign nations, originating an attack from almost any computer in
the world, passing it across multiple national boundaries, or designing attacks
that appear to be originating from foreign sources. Such techniques
dramatically increase both the technical and legal complexities of
investigating and prosecuting cyber crimes.
However, in Malaysian context, we have Computer Crime Act 1997
(CCA) , among one of legislation under
Malaysian cyber laws besides the Digital Signature Act 1997, Communication and
Multimedia Act 1998 Copyright (Amendment) Act 1997, Malaysian Communication and
Multimedia Commission Act 1998 and Optical Disk Act 2000.
This set of Acts has made
Malaysia as one of the first countries to enact a comprehensive set of cyber
laws. The above Acts were formed for the purpose of safeguarding consumer and
service providers besides on-line businesses and owners of intellectual
property.
Here, the CCA main concerns are offences due to the misuse of computers
and complement the existing criminal legislation. The CCA 97 also covers a
wider range of offences compared to CMA 1990 which only covers 3 aspects of
computer misuse: unauthorized access, unauthorized access with intent to commit
or facilitate other crime and unauthorized modification.
The three other offences
included in CCA 97 are wrongful communication, abetment and attempts punishable
as offences and presumptions. Besides that, it also covers on obstruction of
search. It also makes provisions to facilitate investigations for the
enforcement of the Act . The CCA 97 also gives more severe punishment compared
to CMA 1990 (UK) where the Act criminalizes some acts and provides for
punishment as follows:
Offences
|
Penalty
|
Unauthorized
access to computer material ( s.3)
|
Fine
not exceeding RM50,000 or imprisonment not exceeding 5 years or both
|
Unauthorized
access with intent to commit or facilitate commission of further offense
(s.4)
|
Fine
not exceeding RM150,000 or imprisonment not exceeding 10 years or both.
|
Unauthorized
modification of the contents of any computer (s.5)
|
(a)
Find not exceeding RM100,000 or imprisonment not exceeding 7 years or both
(b) Find not exceeding RM150,000 or imprisonment not exceeding 10 years or both if the act done is with intention of causing injury as defined in the Penal Code. |
There are a lot of
tools available on the Internet that can be used to commit all sorts of crimes
such as fraud, identity theft, scams, denial of service attacks, hacking and
breaking in and so forth. A lot of actions and approaches have been taken by
the governments as well as private sectors around the world to try to combat
the computer crimes.
There are a lot of tools available on the Internet that
can be used to commit all sorts of crimes such as fraud, identity theft, scams,
denial of service attacks, hacking and breaking in and so forth. A lot of
actions and approaches have been taken by the governments as well as private
sectors around the world to try to combat the computer crimes.
HACKERS
HIT 51 SITES (NST, JUNE 2011)
Malaysian Communications
and Multimedia Commission (MCMC) confirmed that attempts were made to hack into
51 government websites, including its own. MCMC said it had monitored the
situation and the level of attacks went down within hours and had left little
impact on Malaysian users. Government
sites in other countries have also been hacked, including the Central
Intelligence Agency in the United States, before this.
The agency had
detected "someone" conducting vulnerability scanning (process of
gathering information) and also attempts to intrude on the websites. Based on the agency's
observations, the attackers were targeting poorly-defended web applications.
"Common hacker techniques can be used against web applications with weak passwords or
poorly configured sites."
CONCLUSION
As a
conclusion, the differences between robbing a bank with a gun and with a
computer is that in sense of elements involved and the relevant laws govern the
punishment. The differences in morality is seem clearly from the situation that
when someone is involves in the armed robbery , he is morally responsible to
the victims and there is some punishment to the accused such in Malaysia, we
are governed by Penal Code under s 392,393 and 397 and Criminal Procedure Code.
Whereas in
cyber crimes it is some sort difficult to prove because it doesn’t involve the
grievous hurt or death to the victims as it is in virtual world. The cyber
crime including hacking, cracking, cyber-warfare and malicious computer code
viruses are common forms of crimes that target the computer. In sense of
robbery, the cyber crime occurred in form of counterfeiting currency, creating
forged documents, email harassment, defamation through web etc. The dark side of the Internet in most
criminal activities is initiated by individuals or small groups and can be best
understood as “disorganized crime”.
Organized crime
and cyber crime will never be synonymous-most organized crime will continue to
operate in the real world rather than the cyber-world and most cyber-crime will
continue to operate in real world rather than the cyber world and most cyber
crime will continue to be the result of individuals rather than criminal
organizations per se.
In the case of Malaysia,
the government has set up legal frameworks that are used to punish the offenders
such as the Cyber Laws of Malaysia. Though there is no fool proof approach that
can be taken to stop computer crimes from occurring, but by having these
approaches mentioned above applied efficiently and effectively, users awareness
and involvements it is hope that it will put the problems under control.
Meaning that, the government and legislative bodies
have to play important roles to enact more strict laws in its implementation,
so that the increasing number of armed robbery as well as cyber crime can be
reduced in the future.
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