With the rapid development of information technology, IT, and ever increasing speed of communications, the more laws, the more offenders. Cyberlaws can be reckoned to erecting fences and notices on a property against elusive trespassers or poachers. How do we catch these offenders?
On 18 March 1997, I received the order paper through the express delivery service sent by Parliament. Among other things, three bills are noted: Digital Signature Bill, 1997, Computer Crimes Bill, 1997 and Copyright (Amendment) Bill, 1997. The notification does not include other bills mentioned by the Prime Minister Dato’ Seri Dr Mahathir Mohamad in his efforts to promote MSC : Telemedicine Bill, Electronic Government Bill, Multimedia Convergence Bill and Distant Learning Bill.
What happens to the bills? Hitherto, Members of Parliament, MP, have been notified. They may only be given the bills after the opening of Parliament on 24 March 1997.
Why the delay? The reasons may include the Attorney-General’s Office being short of staff, in particular the lack of experts on cyberlaws. Let us hope that the Government will give the MPs adequate time to study these bills.
Once the bills are available, we will analyse them and put forward suggestions.
In 1990, I read an abridged version of Clifford Stoll’s book, The Cuckoo’s Egg, in the Reader’s Digest. In August 1986, a 75-cent accounting discrepancy occurred at the Lawrence Berkeley Laboratory (LBL), California, U.S.A. It took Cliff Stoll, a systems manager at the LBL and an astronomer with a Ph.D. in planetary sciences, FBI, CIA and German police two years and seven months to arrest the Hanover (Germany) hackers who tried to obtain U.S. military secrets for the KGB through such accounts as those belonging to the U.S. Department of Defence.
On February 15, 1990, the three German hackers were charged and sentenced: Peter Carl to two years, Dirk Brzezinski to one year and two months, and Markus Hess to one year and eight months. All were given three years’ probation and freed.
Seven years ago, I was amazed at the hacking crime. I never knew I would be talking about it today.
There are many aspects of IT. MSC, Internet and Satellites are only parts of it. IT is open to many types of crimes; some are as yet unknown.
These crimes include hacking (unauthorised access) mentioned above, using someone’s password without permission, interfering with and expunging data, accessing other person’s e-mail, polluting a web site, committing fraud, misusing on-line credit card number, implanting a virus, tampering with computer equipment and unknown.
No doubt, a country such as U.S.A. with her immense resources would enhance her capability to deal with cyber crimes. Still, for every crime detected and solved, there will be many undetected.
Now that Malaysia is embarking on MSC and other aspects of IT, she has no choice but to promulgate cyberlaws (erecting fences), to educate the public and to improve her enforcement capability which includes securing international cooperation.
Where God has his place of worship, the devil will have his place of meeting. Whatever cyberlaws the Government promulgates, there will be more offenders.
Just as there are cars, refrigerators, television or, soon, web TV, IT is and will be part and parcel of our lives. Malaysians have to accept them willy-nilly. Let us make the best of IT advantages and find ways of combating the disadvantages.
Now, cyberlaws are mainly for the attraction of IT companies to invest in MSC and other aspects of IT. These transnational companies also have their own safety measures.
Besides amending the Copyright Act and perhaps other existing laws such as the Penal Code and the Customs Act, completely new laws are being introduced such as Digital Signature Bill and Computer Crimes Bill.
While making sure that the amendments can deal with new forms of crimes, they should not affect the effectiveness of the existing laws against old forms of crimes. As IT is developing fast, cyberlaws may be out-of-date as soon as they are promulgated. There should be adequate provisions for updating these laws as soon as possible.
Meanwhile, we propose that (1) the Government embark on IT education for the judges, the lawyers, the police and the public, (2) enhance the capability of enforcing the cyberlaws and (3) secure global cooperation including international cyberlaws treaty.